Town of Wilton, NH

Zoning Board Minutes

June 8, 2004

Voting Board Chairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Bob Spear & Jim Tuttle
Clerk Diane Nilsson
  • Shane Despres – variance
  • Joseph & Margaret Sullivan – special exception
  • Talisman Properties, LLC – variance

Mr. Faiman called the meeting to order at 7:30 p.m., introduced the board members and explained the board procedure for hearing applications.

Case #6/8/04–1 — DESPRES

Shane Despres has applied for a variance to the terms of section 5.2.3 of the Wilton Zoning Ordinance, to permit the construction of a garage that will be less than the required distance from a side lot line on Lot M – 39, 22 Abbot Hill Acres Road.

Mr. Despres explained that his lot is .6 acres in the Residential District. His house is currently a 900 sq. ft. ranch that is 36’ wide. It was built circa 1944 in the center of the lot. He is planning to double the size of his house by adding a second story and would like to add a 10’ wide mud room and a 28’wide x 40’ long garage to his house. By doing so there would remain only about a 6’ side setback, rather than the 15’ setback that is required. Mr. Despres presented a picture of what the house and garage would look like but he did not have the required site plan or even a sketch of his property, so it was not clear exactly how far into the setback this proposal would actually encroach.

Abutter Allen Jowders (Lot M – 38) next door to proposed garage. Mr. Jowders said that he had no objection to the proposed setback encroachment but hoped that the buffer of trees between the two properties could remain. Mr. Despres said that he would not have to remove any trees.

Ms. Eckstrom said that she has observed that other properties in Mr. Despres’ neighborhood have setback encroachments similar to this request.

Mr. Spear felt that this was a self-created hardship. If the applicant was willing to build only the garage, and he needed a variance because he might encroach a few feet into the setback, then he would be willing to grant the variance, but the current request is unworkable.

Mr. Faiman agreed, adding that the proposed encroachment consumes 60% of the setback.

There was discussion about continuing the case so that Mr. Despres could measure his property and bring in a site plan so that the board could know what was really being requested, but Mr. Faiman explained that somehow Mr. Despres’ application was lost in the office for a month and the applicant didn’t want to wait another month, if possible, before starting his project.

Motion Mr. Spear made a motion to grant the variance request to permit the construction of an addition which may extend no more than 3’ into the 15’ side setback, for a distance of no more than 48’ along the side lot line. The motion was seconded by Mr. Tuttle and all were in favor.

The Board agreed that denial of the variance would have resulted in unnecessary hardship because the placement of the existing structure, which predates zoning, was such as to preclude an otherwise reasonable use of the property.

Case #6/8/04–2 — SULLIVAN

Joseph and Margaret Sullivan have applied for a special exception under the terms of section 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a driveway that will cross a wetland area in conjunction with a proposed subdivision of Lot H – 67, 54 Isaac Frye Highway.

Mr. Faiman noted that this special exception requires two hearings, so the case cannot be decided this evening.

Raymond Shea, with Sanford Survey, represented the Sullivans and explained that the applicants are proposing a subdivision of about a 40 acre parcel and propose 4 new lots in addition to one already developed lot. 3 of the house lots would be accessed by a private way that would need to cross a wetland. The wetland impact would be 1,380 square feet. The applicant is proposing to install a 24” culvert that is 34’ long. The 4th lot would share a driveway with the already developed lot.

It was decided that a site visit would be scheduled for Monday, June 14th, at 6:30 p.m. for Zoning Board members.

Motion Ms. Eckstrom moved to continue the case to the July meeting, seconded by Mr. Spear and all were in favor.


Talisman Properties, LLC has applied for a variance to section 8.2.2 of the Wilton Zoning Ordinance, to permit the removal of a proposed and bonded Class V road, specified in a previously approved subdivision plan and not yet built, with the consequence that Lot F – 12 – 4, Gibbons Highway (NH Route 101) would have less than the required frontage on a Class V or better road.

Attorney Wil Sullivan represented the applicant and explained that since the applicant, for the time being, does not want to create an industrial/commercial park on Lot F – 12, which was subdivided in 1997 into 6 lots for that purpose, the applicant would like to substitute access to the one lot that has been sold, F – 12 – 4, which houses the US Cellular tower, with a private deeded right-of-way instead of the Class V road that was a requirement of the subdivision. Further, the applicant wants to consolidate the six lots into two lots, one of them being F – 12 – 4.

Mr. Faiman noticed that US Cellular did not sign the application, and neither Mr. Sullivan nor Sam Proctor, of Talisman Properties, had a letter granting them authority to speak for US Cellular. Mr. Faiman said that in this case the variance would benefit Lot F – 12 – 4, which is owned by US Cellular, because the Zoning Board is being asked to remove the restriction that it have frontage on a Class V road. So even though Talisman Properties may be the one ultimately benefiting from the eventual zoning change, this particular request must come from US Cellular, Mr. Faiman concluded. Mr. Sullivan and Mr. Proctor agreed and said that they would submit a new application for the July meeting.

Motion Mr. Spear moved to continue the case to the July meeting pending re-noticing abutters, a new application & abutter fee ($135), completing the owner information on the application and obtaining legal authorization from the owner. The motion was seconded by Ms. Roberts and all were in favor.


Minutes — May 11, 2004

Corrections: Page 1, MOTION – Mr. Tittle should be Mr. Tuttle.

Page 3, paragraph 8 – Ms. Eckstrom pointed out that the permitted total hours per week are not equal to the permitted hours per day times days per week.

Motion Mr. Tuttle moved to approve the 5/11/04 minutes as amended, seconded by Ms. Roberts and all were in favor.
Motion Mr. Spear made a motion to require 3 sets of abutter mailing labels beginning with the August, 2004, applications. The abutter fee will be $ 4.00. Ms. Roberts seconded the motion and all were in favor.

Mr. Faiman will need to change the instructions on the website and possibly one of the pages of the instructions that are in the office. He can email that change to the clerk if he chooses to.

Motion Ms. Roberts made a motion to adjourn the meeting, seconded by Mr. Tuttle with all in favor.

The meeting was adjourned at 9:50 p.m.

Minutes submitted by Diane Nilsson

Posted: June 14, 2004