Town of Wilton, NH

Zoning Board Minutes

March 10, 1999

Voting Board Chairperson Neil Faiman; members Carol Roberts, Bob Spear and Jim Tuttle; alternate member Joanna Eckstrom.
Clerk Diane Nilsson
Agenda John J. Giso, Jr. - Variance
Mr. Faiman called the meeting to order at 7:40 p.m.

Case #3/10/99-1

John J. Giso, Jr. has applied for a variance to section 5.2.3 of the Wilton Zoning Ordinance, to permit the construction of a detached garage closer to a lot line than permitted by the ordinance on Lot J-069, 11 Forest Road, in the Residential District.

Mr. Giso stated that he wants to build a 24' X 24' carriage shed that would be 24' high and would copy the style of his house. He would like to place it 20' from the house, in line with the current driveway. In this spot, he meets the required 15' setback from the side lot next to the library, but does not meet the 35' front setback requirement on Gregg St. The garage would sit 15' from the property line and 26' from the beginning of the pavement. At the present time, Mr. Giso stores his garden equipment and snow blower on the porch, which creates a safety and fire hazard, in addition to being unsightly.

Mr. Giso presented a letter from abutter Elizabeth Streeter, in which she states that she has absolutely no objection to the granting of this variance for Mr. Giso. (See file)

Mr. Faiman presented photos that he took of the property, and noted that all Board members had viewed the property before the meeting.

Mr. Tuttle noted that Mr. Giso presented his plan to abutter The Congregational Church Committee and they also had no objection to the granting of this variance.

Ms. Roberts asked what the plans were for the dumpster on the property. Mr. Giso stated that as soon as he is finished with the demolition work inside the house, it will be permanently removed.

Mr. Faiman stated that this seems like an obvious hardship case in that it is pretty unusual to have a lot with corners on three sides and moreover the angle of the lot makes it impossible to use any of the space because of all the "front" setback requirements. Mr. Faiman briefly went over the five criteria which must be met in order to grant a variance noting that it seemed pretty straightforward to him.

Motion Mr. Tuttle moved to grant the variance as shown on the plan submitted with the application, with the stipulation that the distance of 17' from the garage corner to the lot line be changed to a distance of 26' from the garage corner to the pavement. Mr. Spear seconded the motion with all in favor.

Mr. Faiman stated that Mr. Gizo's variance request had been granted. He further stated that the selectman, 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, March 30, 1999, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

The Board agreed on the following justifications for the decision.

Justifications For The Decision

  1. The proposed use will not diminish the values of surrounding properties because the design of the carriage house will be in keeping with the existing house and yard equipment will be stored out of sight.
  2. .Granting the variance will not be contrary to the public interest because it will allow the storage of yard and garden equipment currently stored on the side porch, which is in public view and noticeable from the library.
  3. Denial of the variance would result in unnecessary hardship because the unusual property of the lot, having streets on three sides, makes it extremely difficult to place any outbuildings on the lot.
  4. Granting this variance would do substantial justice because the garage will increase the value of the property and add to the current tax base for the town.
  5. The proposed use is consistent with the spirit of the Zoning Ordinance because the property will remain Residential, and the addition of a garage will enhance the appearance and value of the property.


Minutes - February 10, 1999

Motion Mr. Spear moved to accept the 2/10/99 minutes as written, seconded by Mr. Tuttle with four in favor and Ms. Eckstrom abstaining.

A motion was made and seconded to adjourn the meeting. All were in favor and the meeting was adjourned at 7:55 p.m.

Diane Nilsson, Clerk