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Minutes posted at this web site have not been checked for consistency with the printed minutes that are available in the Wilton Town Offices. If you need the definitive minutes of a ZBA meeting, please obtain the printed minutes from the town offices.

April 13, 2004

Voting Board Chairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts & Jim Tuttle
Clerk Diane Nilsson
Agenda
  • Chalet Susse International, Inc. – special exception (continued from February 10)
  • Chalet Susse International, Inc. – variance (continued from February 10)
  • Maloney, Larpenter & Vander-Heyden – appeal of administrative decision/special exception

Mr. Faiman called the meeting to order at 7:30 p.m., introduced the board members and explained that there would only be a four-member board this evening and that applicants had the choice to have their request heard by this board or wait another month in hopes of being heard by a full five-member board.

Case #2/10/04–1 — CHALET SUSSE INTERNATIONAL, INC. (continued)

Chalet Susse International, Inc., has applied for a special exception under the terms of Section 11.4 of the Wilton Zoning Ordinance, to permit a driveway to cross two wetland areas and a perennial stream in connection with a proposed subdivision of Lots C—128—1—1 and C—128—1—2, Keys Hill Road.

Case #2/10/04–2 — CHALET SUSSE INTERNATIONAL, INC. (continued)

Chalet Susse International, Inc., has applied for a variance to the terms of Section 6.3.5 of the Wilton Zoning Ordinance, to permit five single-family lots to be accessed from one common driveway in connection with a proposed subdivision of Lots C—128—1—1 and C—128—1—2, Keyes Hill Road.

Dawn Tuomala, with Monadnock Survey, represented the applicant and explained that she had just that morning walked the property with the Town’s engineering firm, Normandeau. Since their review is not in, they may as well wait until the May meeting.

Motion Ms. Eckstrom moved to continue the cases to the May 11, 2004 meeting. The motion was seconded by Mr. Tuttle and all were in favor.

Case #4/13/04–1 — MALONEY, LARPENTER & VANDER-HEYDEN

Deborah J. Maloney, Marjorie A. Larpenter, and Helena E. Vander-Heyden, Trustee, have appealed the Wilton Building Inspector’s denial of their application for a building permit to remove an existing house on Lot C – 54, 41 Marden Road, and construct a new foundation and house on the same footprint, where the existing house is nonconforming with respect to lot size, frontage, and setbacks. Alternatively, they have requested a special exception under the terms of Section 17.3 of the Wilton Zoning Ordinance to permit construction of the new foundation and house after the existing house is removed.

Attorney Wil Sullivan represented the applicants and said that they would like to go ahead with the four-member board. Mr. Faiman explained the Board procedure for hearing a case and it was noted that all four Board members drove by the house and saw the property.

Attorney Sullivan presented a drawing of the property and a drawing of the proposed home and explained that according to Section 17.1 the applicants should be able to rebuild their house as long as it is in the same spot and is the same size as the previous nonconforming house. He said that the requested house is on the same footprint, is the same size, but will have a basement, and the applicants are also requesting an 8' deck on the south and east sides of the house.

Abutter Don Ebner said that he had no problem with the request.

Motion Mr. Tuttle made a motion to grant the Appeal of Administrative Decision on the grounds that the Board finds that replacement of an existing structure on the same footprint is permitted by Section 17.1. The motion was seconded by Ms. Eckstrom and all were in favor.

Mr. Faiman stated that the Appeal of the Administrative Decision has been granted for the construction of the house. The Board then considered a special exception under the terms of Section 17.3 to allow construction of a deck which will encroach the eastern setback and be located 13'6" from the river.

Attorney Sullivan explained that one of the reasons the applicants want a deck is so that they have an additional exit, besides the front door and the basement exit. He reiterated that they would like a wrap-around deck on the south and east sides of the house.

Mr. Faiman pointed out that building a deck in this reduced setback won’t affect any neighbors because there really aren’t any nearby.

Motion Ms. Eckstrom made a motion to grant the special exception request to permit construction of a deck on the new house, not to extend more than eight feet on the east side of the house. Any stairs are to be on the north or south sides of the deck, and are not to extend east of the eastern line of the deck. The motion was seconded by Mr. Tuttle and all were in favor.

Mr. Faiman said that the request has been granted and the applicant will receive notice of such in the mail. He further stated, 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 Wednesday, May 12, 2004, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2) This decision shall expire on Thursday, April 13, 2006 if construction of the new house has not begun by that date. (Wilton Zoning Ordinance section 17.4)

OTHER BUSINESS

Mr. Faiman said that Mr. Tuttle had been re-appointed by the Selectmen for another three-year term.

Minutes — March 9, 2004

Ms. Eckstrom asked that language be added to the Chalet Susse discussion which represents what

Dawn Tuomala said about the pond construction being bottom-sloped so that someone could walk out of it.

Motion Ms. Eckstrom moved to approve the amended 3/9/04 minutes. Mr. Tuttle seconded and three were in favor. Ms. Roberts abstained.

The meeting was adjourned at 8:30 p.m.

Minutes submitted by Diane Nilsson

Posted: April 19, 2004