Town of Wilton, NH

Zoning Board Minutes

January 13, 1999

Voting Board Chairperson Neil Faiman; members Steve Blanchard, Carol Roberts, Bob Spear and Jim Tuttle.
Clerk Diane Nilsson
Agenda Theresa Allen - Special Exception

Mr. Faiman called the meeting to order at 7:30 p.m.

Case #1/13/99-1

Theresa Allen has applied for a special exception under the terms of Section 17.3 of the Wilton Zoning Ordinance, to allow her to build a shed on Lot J-118, 27 Island Street, in the Residential District, which would be closer to a lot line than would otherwise be permitted by the Ordinance.

Ms. Allen explained that she had called the town office last fall, spoke to Jane Farrell, and asked if a building permit was needed to build a shed where a previous shed had stood. Ms. Farrell told her that the original shed was grandfathered, therefore she could build a shed in the same spot as long as it was no larger than the previous shed. Ms. Allen began building the new shed based on this information. After the project was underway, building inspector, Frank Millward, noticed the new construction and checked into the legality of it. When he discovered that the original shed had been built illegally, without having received a special exception, he issued a cease and desist order which stopped Ms. Allen from finishing the shed. Ms. Allen explained that she had no idea that the original shed was illegal, and is now asking the ZBA for a special exception so as to be able to finish the shed.

She explained that she wishes to build an 8'X12' shed in the side lot setback area next to the property line of her next-door neighbors, Dean & Claudia Pelkey. She stated that the shed cannot be located in the rear of her lot, behind the house, because that location is too near the river, which frequently rises high enough to flood that area. The lot is very narrow and there really is no other logical location for the shed. She has discussed the location and the design of the shed with the Pelkey's and they have no objection to the project. A letter of support from the Pelkey's was included in the application. Ms. Allen presented the board with photos showing the various views of her lot.

Mr. Faiman read Sections 17.3 and 4.4 of the Ordinance, sections which pertain to this request. He also stated that the side setback requirements in this district are 15'. The board asked Mr. Millward if they could see the photograph he had in his files. The board spent some time comparing the different photos in order to understand exactly where the shed will be located.

Mr. Millward stated that he had no objection to the location of the shed. He further stated that the lot needed to be cleaned up, for the safety of Ms. Allen and the neighbors. He felt that the yard was so cluttered that it presented a hazard in that the present condition would hinder access by emergency vehicles.

Motion Mr. Tuttle moved to grant the special exception with the stipulations that the area between the proposed shed and the house be kept clear of all obstructions to allow access by emergency vehicles, and that the shed be located as shown on the sketch noted on the application. Mr. Blanchard seconded the motion with all in favor.

Mr. Faiman stated that the applicant would receive written notice of decision in the mail. He further stated that the selectmen, any party to the action or proceedings, or any person 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 Tuesday, February 2, 1999, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Ms. Allen gave the clerk a check in the amount of $6 to make up for the $1 per abutter deficit in the filing fee. The clerk will give the check to the Town Clerk.


Minutes - November 11, 1998

Motion Mr. Blanchard moved to approve the 11/11/98 minutes as written, seconded by Mr. Spear, with Mr. Tuttle, Mr. Spear & Mr. Blanchard in favor and Mr. Faiman and Ms. Roberts abstaining.

A motion was made and seconded, with all in favor, to adjourn. The meeting was adjourned at 8:20 p.m.

Diane Nilsson, Clerk