Town of Wilton, NH

Zoning Board Minutes

February 9, 2000

Voting Board Chairperson Neil Faiman; members Steve Blanchard & Jim Tuttle; alternate member Joanna Eckstrom.
Clerk Diane Nilsson
Agenda Russell Kincaid - special exception or variance

Chairperson Neil Faiman called the meeting to order at 7:30 p.m. and explained to Mr. Kincaid that only a four person board could be found this evening and that Mr. Kincaid had the option of postponing the hearing for a month in the hopes of having a five member board next time. Mr. Kincaid chose to go ahead with the hearing.

Case# 2/9/00-1 KINCAID

Russell Kincaid has applied for a special exception under section 17.3, or a variance to section 6.2.4 of the Wilton Zoning Ordinance, to permit the construction of a porch 20 feet from a lot line on lot A-18, Burton Highway.

Mr. Kincaid explained that he has placed his mobile home and septic system 150' from wetland soils and 36' from the rear lot line. What he would like to do is add an 8' deep by 16' wide deck onto the back of the mobile home. This would reduce the rear setback by 7' to 28'. The requirement is 35'. The entrance to the mobile home is in the front and not affected by the proposed deck.

Abutter Grenville Clark asked Mr. Kincaid if his statement, referring to being in conformity as to distances from any wetlands, meant wetlands in the area or wetlands on his lot only. Mr. Kincaid answered that he meant wetlands in the area. Mr. Clark also asked if the porch was a necessary part of the mobile home design. Mr. Kincaid answered that it was not.

Mr. Faiman read the language in section 17.3 of the Wilton Zoning Ordinance that applies to this request. After looking carefully at the map provided by Mr. Kincaid, it became apparent to the board that Mr. Kincaid had plenty of room on his lot to move the placement of the mobile home and septic system 7' closer to the road so that he could add the deck and still be in compliance with all setback requirements. Mr. Faiman stated that one of the most basic rules of a zoning board is not to grant a special exception to do something which you can do without a special exception.

Ms. Eckstrom stated that she felt that even though the zoning board, in a previous decision, varied the distance Mr. Kincaid's house and septic had to be from the fire pond, she felt that it would be preferable for his house and septic not to move 7' closer to it.

Mr. Kincaid explained that the reasons he would rather not move his septic and house closer to the road are that he would like to keep as much buffer as possible between the house and the road, and he would like to avoid the costs involved in designing a new septic system.

Mr. Faiman stated that he does not see a compelling reason why the applicant can not do what he wants to do legally. Therefore, he does not see a need to grant a special exception or a variance.

Ms. Eckstrom stated that she felt encroaching on the rear setback to be less damaging than moving things closer to the road.

Mike Pasquarello, the abutter to the rear, stated that he would hate to see a special exception granted in a situation like this when it is not really needed, but simply desired as a convenience. He also asked the board who is responsible for the annual septic system inspection which is stated as a requirement on the plan. He was advised to contact either the Wilton building inspector or the state and ask what the enforcement mechanism is for the annual septic tank inspection.

Mr. Blanchard stated that he was in agreement with Mr. Faiman regarding this request. Ms. Eckstrom stated that she felt the board was asking Mr. Kincaid to jump through yet another hoop in order to build a house on his property. Mr. Faiman stated that he does not think it's a hoop. If Mr. Kincaid had designed his house with a deck on it to begin with, he would have automatically moved everything up 7' to allow for the deck, and he would not be seeking relief from this board. Because the deck was an afterthought, Mr. Kincaid has the choice of doing without a deck or redesigning his layout. We have the choice of denying the request, or redesigning our zoning ordinance.

Motion Mr. Tuttle moved to deny the request on the ground that neither a special exception nor a variance is needed to place a mobile home and the desired deck on this property in a fashion that is fully conferment with the setback requirements of the ordinance (except those waived by the earlier special exception granted in case # 9/8/99-1). The motion was seconded by Mr. Blanchard. Three were in favor and Ms. Eckstrom voted no.

Mr. Faiman stated that Mr. Kincaid's request had been denied. 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 29, 2000, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2) He also stated that Mr. Kincaid will receive a written notice of decision in the mail.

This variance shall expire on January 12, 2002, if the use permitted by it has not begun by that date. (Wilton Zoning Ordinance section 17.4).


Minutes - January 12,2000

Motion Ms. Eckstrom moved to approve the minutes as written, seconded by Mr. Tuttle. Three were in favor, and Mr. Blanchard abstained.

A motion was made and seconded to adjourn the meeting. All were in favor and the meeting did adjourn at 8:35 p.m.

Diane Nilsson, Clerk