Town of Wilton, NH

Zoning Board Minutes

November 9, 2004

Voting BoardChairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Jim Tuttle& Bob Spear; alternate member Eric Fowler.
ClerkDiane Nilsson
AgendaWilliam Jordan & Linda Bravo – equitable waiver (continued)
Donald & Maria Nadeau – variance
Arthur W. and Margaret E. Carnduff - variance
Thomas M. Quinn and James W. Quinn, Jr. - variance

Mr. Faiman called the meeting to order at 7:30 p.m. and explained that Board members had met with Town Counsel regarding the Equitable Waiver statute as it applied to the application of William Jordan and Linda Bravo. It was the attorney’s opinion that the statute applies strictly to dimensional issues such as setbacks, building heights, lot coverage and the like and that the conversion of a house from one-family to two-family use is a change of use, which the statue explicitly excludes. Mr. Faiman said that he sent Mr. Jordan and Ms. Bravo a letter explaining the above and also informing them that if they wish to continue to pursue relief from the Zoning Board to allow two-family use of their Pleasant Street property, they could apply for a variance. He received an email from them asking the Board to withdraw their request for an equitable waiver , and informing him that they will apply for a variance in time for the December meeting.

MotionMr. Tuttle moved to withdraw the equitable waiver request of William Jordan and Linda Bravo. Mr. Spear seconded the motion and five were in favor. Mr. Fowler voted and Ms. Eckstrom did not.

From this point on in the meeting Ms. Eckstrom voted and Mr. Fowler did not. Mr. Faiman read a letter from Thomas Quinn requesting a continuance of his scheduled hearing to the December 14th meeting.

MotionMs. Eckstrom moved to continue the Quinn variance request to December 14th, seconded by Mr. Tuttle with all in favor.

Mr. Faiman introduced the board members and explained the procedure for hearing applications.

Case # 11/09/04-1 – 1 NADEAU

Donald and Maria Nadeau have applied for a variance to the terms of Section 5.2.3 of the Wilton Zoning Ordinance to permit the construction of a garage on Lot F – 48 – 3, 86 Intervale Road, which would be closer to a lot line than otherwise permitted by the Ordinance.

Abutter Bill Burns, Lot F – 48 – 2, 84 Intervale Road, represented the Nadeaus. He explained that the Nadeaus would like to build a garage attached to their house on the side of their property next to his lot. The problem is the developer made the lot only 100' wide and the builder built a 48' wide house and put it right in the middle of the lot so that there is only 26' to work with on either side of the house and the Ordinance calls for 15' side setbacks, allowing only 11' for an attached garage.

Mr. Burns argued that since the driveway is 20' wide, it would look odd if the garage was less than 20' wide. A 20' wide garage is a two-car garage. He said that since he is the abutter, and he doesn’t mind if the garage is 6' from his property line, the Board should grant the variance.

Lynn Draper, with the Wilton Conservation Commission, said that the Commission was concerned only that any building on the lot be done within the building envelope that the Planning Board defined on the subdivision plan. Mr. Faiman got the plans and the envelope was found. It was quite large didn’t come near the house.

There was discussion among Board members about various options. The Nadeaus could build a 12' wide one-car attached garage if the Board would grant a 1' variance into the setback or they could build a detached garage behind their house without a variance.

Mr. Faiman noted that no other houses in this neighborhood are as close to each other as these would be if this variance were to be granted as requested.

Mr. Spear and Ms. Roberts felt that any hardship was self-created thus allowing a building 9' into the setback was unjustified.

Ms. Eckstrom felt that the hardship was that the developer made the lot only 100' wide and the builder built the house in a way that made it impossible to have an attached two-car garage.

MotionMs. Eckstrom moved to grant the variance request, second by Mr. Tuttle. Three voted no and Ms. Eckstron and Mr. Tuttle voted in favor.
MotionMr. Spear moved to grant a variance to construct a garage which would be 14' from the side lot line, a 1' reduction in the required setback, and no more than 28' deep. Ms. Roberts seconded the motion. Four voted in favor, Ms. Eckstrom voted no.


The Zoning Board found that granting the variance as requested would have been inconsistent with the intent of the restrictions imposed on the subdivision that created Lot F–48–3 and the conditions surrounding it; that it is possible to construct a garage on the lot which satisfies the Zoning Ordinance; that the proposed setback reductions would have been inconsistent with the character of the neighborhood; and that any hardship was self-created by the actions of the developer and builder in creating a lot with a width of only 100 feet and constructing a 48 foot house in the middle of that lot.

The Board found that the revised variance would accommodate the applicant without overburdening the area, and would balance the needs of the homeowner with the spirit of the Zoning Ordinance and the subdivision plan.

MotionMr. Spear Moved, Ms. Roberts seconded, a motion to adopt the above reasons. Four voted in favor and Ms. Eckstrom voted no.

Case #11/9/04–2 — ARTHUR W. & MARGARET E. CARNDUFF

Arthur W. and Margaret E. Carnduff have applied for a variance to Section 6.2.4 of the Wilton Zoning Ordinance, to permit the construction of a storage shed on Lot D–136, 195 Wilson Road, which would be closer to a lot line than otherwise permitted by the Ordinance.

Arthur (Bill) Carnduff explained that he and his wife would like to build a 16' x 20' storage shed for a utility trailer, snow blower, riding lawn mower, leaf blower and other tools and equipment. There is a small 18' x 24' historic barn next to the driveway but Mr. Carnduff keeps his electric woodworking equipment there and felt it would be a hazard to keep gasoline in there too. He didn’t want to build the shed in front of the barn because it would block the view of the historic barn. And although the Carnduffs have 6 acres, much of the land is sloping, heavily wooded, and to the rear of the lot. Their road frontage is only 207' with 35' side setbacks. They feel they have selected the only reasonable site on the lot contiguous to Wilton Road access. Granting the variance would facilitate storage of snow blower where it can easily be accessed in case of severe winter weather – potentially a safety issue for older people.

MotionMr. Spear moved to grant the variance as requested, seconded by Mr. Tuttle with all in favor.


The Board agreed to accept the reasons outlined in the Carnduff’s application. (See file.)


Minutes — October 12, 2004

MotionMr. Spear moved to accept the 10/12/04 minutes as written, seconded by Mr. Tuttle with all in favor.

Minutes — October 19, 2004

MotionMs. Eckstrom moved to accept the 10/19/04 minutes as written, seconded by Mr. Spear with four in favor and Mr. Tuttle abstaining.

There was a motion to adjourn. The meeting was adjourned at 9:15 p.m.

Minutes submitted by Diane Nilsson
Posted: November 15, 2004