Tuesday, January 10, 2023 — Hearing

Notice

Willreign Properties, LLC has requested variances to sections 5.1, 5.2, and 5.3 of the Wilton Zoning Ordinance to allow two dwelling units in the existing rectory building and four dwelling units in the former church building at Lot K-72, 47 Maple Street and 49 Maple Street, where the ordinance does not allow more than one dwelling unit or more than one dwelling, and structures and parking are not permitted in the setbacks.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, January 10, 2023 at 7:30 p.m. in the Emergency Operations Center of the Wilton Fire Station, 102 Main Street (park across the street, NOT in the Fire Station parking lot; enter at the WEST end of the building).

Decisiom

The request by Willreign Properties, LLC for variances to sections 5.1, 5.2, and 5.3 has been granted. The variance will allow two dwelling units in the existing rectory building and four dwelling units in the former church building at Lot K-72, 47 Maple Street and 49 Maple Street, where the ordinance does not allow more than one dwelling unit or more than one dwelling, and will allow parking closer to the lot lines than would otherwise be allowed, as shown on plans submitted to the Zoning Board at the hearing and included in the case file.

The decision is subject to the following conditions:

• This variance supersedes the variance granted in Case #9/13/22-1 (decided Tuesday, October 11, 2022), and the use of a portion of the church building as an office space as permitted by that previous variance is prohibited if the property is to be developed in accordance with this variance.
• There will be no signage (except for possible parking designators).
• Exterior lighting is limited to the existing lighting unless otherwise required by Building and Safety Codes.
• No significant changes are to be made to the exterior architectural characteristics of the church building except as necessary to meet Building and Safety codes.

This decision shall expire if the construction or use permitted by it has not begun by Friday, January 10, 2025. (Wilton Zoning Ordinance section 17.4)

The selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Thursday, February 9, 2023, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Findings of Fact

• The lot area is 0.4 acres.
• The lot contains an existing duplex dwelling and large historic church, which is a significant neighborhood feature.
• The church use was discontinued more than ten years ago
• The church building does not allow for any economically feasible uses that are consistent with its zoning.

Variance Criteria

• Property Values
  • The proposed residential use is consistent with existing neighborhood.character
• Spirit of the Ordinance, Public Interest
  • The proposed use is consistent with the fundamental purposes of the Ordinance.
• Hardship
  • The existing structures on the property constitute special conditions of the property that distinguish it from other properties in the area, and cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use of the property.
• Substantial Justice
  • The only conforming options available to the owner are to raze the church building or incur the expense of maintaining a large, old empty building indefinitely. Neither of these would be reasonable for the owner or advantageous to the community.

Minutes

Minutes of the hearing.