Town of Wilton, NH

Zoning Board Minutes

August 12, 1998

Voting Board Chairperson Neil Faiman; members Carol Roberts, Bob Spear and Jim Tuttle; alternate member Joanna Eckstrom.
Clerk Diane Nilsson
Agenda Christopher T. & Suzanne M. Egan - Appeal of Bldg. Permit denial or Special Exception or Variance

Mr. Faiman called the meeting to order at 7:35 p.m.

Case# 8/12/98-1 EGAN

Christopher T. & Suzanne M. Egan, Lot F-159, 48 Greenville Road, in the Industrial District, applied for one of the following forms of relief in order to permit the construction of a garage, which would be closer to a lot line than the required setback in the Industrial District:
  1. A determination that the Residential District setback requirements should be applicable rather than the Industrial District setback requirements.
  2. A variance to section 8.2.4 of the Wilton Zoning Ordinance.
  3. A special exception under section 17.3 or 8.6.1 of the Wilton Zoning Ordinance.

Mr. Egan explained that they reside on a 1/2 acre lot which was grandfathered as a residential use when the area was rezoned industrial. He further explained that they built a new house and had to tear down the old one in order to secure a permit of occupancy. He stated that the old house was closer to the setbacks than this proposed garage is.

Mr. Faiman stated that this request is in the industrial district where the setback requirements are 75' from the edge of a public right-of-way for all public roads, and 35' from side and rear lot lines. No buildings or parking areas are permitted within the front setback or in any setback which abuts a residentially or residential/agriculturally zoned parcel.

Mr. Faiman asked Mr. Egan if the garage could be placed within the required setbacks. He answered that he might be able to. but it would require damming up the drainage ditch to do so.

Mr. Faiman stated his opinion that we have an industrial district requirement for setback and that is what applies here, so would agree with the building inspector’s decision.

Motion Ms. Eckstrom moved to uphold the decision of the building inspector, seconded by Mr. Tuttle with all in favor.

Mr. Faiman stated that now the board must decide whether to consider a special exception or a variance. Ms. Eckstrom stated that she felt the best approach would be a special exception. Mr. Spears agreed with her.

Mr. Faiman stated that a stringent reading of 17.1 would lead one to say that adding a garage to a nonconforming use would make it even more nonconforming. But this board has usually taken the approach that a house is allowed to have a garage. So in that case, it would make sense to grant a special exception to 17.3.
Motion Mr. Spear moved to grant a special exception under section 17.3 of the Wilton Zoning Ordinance to permit the Egan’s to construct a two-car garage as set forth on the existing building permit application, including the attached map. The motion was seconded by Ms. Eckstrom with all in favor.
Mr. Faiman stated that the board has granted the request for a special exception to permit the construction of the proposed garage. He further stated that all decisions of the zoning board may be appealed by any interested party or by the selectmen within 20 days of the decision. In the absence of such an appeal, the decision becomes final. He suggested that the applicant not start pouring footings or building the garage until the 20 day period has expired.


MINUTES - July 8, 1998

Motion Ms. Eckstrom moved to approve the 7/8/98 minutes, Mr. Spear seconded. Four were in favor and Mr. Tuttle abstained.
Motion Ms. Eckstrom moved to adjourn the meeting, Mr. Spear seconded with all in favor. The meeting adjourned at 8:15 p.m.


Diane Nilsson, Clerk
Posted: 8/18/98