Town of Wilton, NH

Zoning Board Minutes

November 8, 2005

Voting BoardChairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Jim Tuttle & Bob Spear.
ClerkDiane Nilsson
  • Carol and Matt Ballou - variance
  • Mark Gabel – special exception
  • Consideration of new application forms

Faiman called the meeting to order at 7:30 p.m.


Minutes — October 11, 2005

Corrections: On Page 2, after the 4th paragraph and before the motion, Faiman asked that the following sentence be inserted. Faiman explained that he would be voting against the motion because he felt that it was a preference variance rather than a real hardship. On Page 3, paragraph 10, it should be Roy Stone. On Page 4, in the first motion, on the second line, it should read… on a Class V or better road.

MotionSpear/Tuttle to table 10/11/05 minutes until later in the meeting when Eckstrom is present. All in favor.

New Application Forms

Board members discussed the proposed application forms and instructions and made suggestions.

When Eckstrom arrived, Faiman explained the procedures for hearing a case and introduced the

Board members.

Case #11/8/05–1 — Ballou

Carol and Matt Ballou have applied for a variance to section 5.2.3 of the Wilton Zoning Ordinance, to legitimize an existing porch on Lot L – 58, 14 Kennedy Street, which was constructed closer to the front lot line than is permitted by the Ordinance.

Carol Ballou explained that there are 5 houses on Kennedy Street and most, if not all of them sit within the 35’ front setback. In addition, she said, the houses on either side of hers also have porches that are within 12’ to 14’ of the road. So while her deck is non-conforming, it is in keeping with the structural landscape of the street. She said that she would like to be able to keep the deck, that it was part of the purchase price that she paid for the house. She said that she was aware that the deck had been built without a building permit before she purchased the house, but it was already built. She purchased the house in June, 2005.

Eckstrom said that she drove by the property and confirmed that other houses on the street also had decks or porches in the front setback.

No one in the audience spoke for or against this request.

MotionEckstrom/Tuttle to close the public hearing. All in favor.

Roberts asked how close to the road the front of the house was. Ballou answered approximately 17’ to 20’ and the deck is about 6’ deep.

MotionSpear/Tuttle to grant the variance as submitted. All in favor.
MotionSpear/Eckstrom to adopt the reasons stated in the application as grounds for granting the variance. All in favor.

Case #11/8/05–2 — Gabel

Mark Gabel has applied for a special exception under section 17.3 of the Wilton Zoning Ordinance to permit the construction of a barn on Lot K – 177, 106 Maple Street, which would be closer to a lot line than is otherwise permitted by the Ordinance.

Mark Gabel explained that he has a very small lot, 70’ x 77’ but is in the Res/Ag District so that he has 35’ setbacks on all sides. He wants to build a 24’ x 26’ barn in line with the side of his house that abuts Lot K – 178, 110 Maple Street which is owned by Ethan and Joan Salisbury. Gabel’s house is 15’ from this lot line. Gabel said that Salisbury’s house is also 15’ from the lot line, so there is a total of 30’ separating them.

Abutter Ethan Salisbury said he had no problem with the request.

Tuttle and Gabel testified that the house predates the adoption of the setback requirement by the Town. Gabel was asked how close to the back lot line the garage will be. Gabel didn’t know but he guessed it would be about 20 ‘. It was clear that the garage would be within the 35’ back setback as well. Not shown on the drawing was how close to the road the front of the house is.

Spencer Brooks, member of the Conservation Commission explained that the land abutting Gabel’s property behind and on the other side is owned by the Town of Wilton and managed by the Con Com. Mr. Spear asked if the Town had any objection to the request. There was no one from the Select Board to answer that question, and Brooks said that the CC had not discussed it, but he, personally, had no objection.

MotionEckstrom/Tuttle to close hearing. All in favor.

The Board found that:

• The lot dimensions and/or existing structures which result in the difficulty were in existence prior to the adoption of the setback requirements.

• That the setback to be reduced is a lot line setback.

• The proposed structure and the proposed placement would be in keeping with the existing development of the neighborhood.

• The special exception specifically identifies the permitted location of the proposed structure as shown on a site plan, which is to become part of the decision.

• The dimensions reasonably balance the use of the property with the spirit of the Zoning Ordinance.

MotionEckstrom/Spear to grant the special exception. All in favor.


Minutes — October 11, 2005

MotionEckstrom/Tuttle to approve 10/11/05 minutes with corrections noted on Page 1. All in favor.

New Application Forms

There was continued discussion about the new forms. It was decided to adopt the forms now so they could be put into use right away, and modify them if any issues with them arose.

MotionSpear/Roberts to adopt the proposed new application forms with the suggested changes and subject to review at the next meeting.

January, 2006 Meeting

Neil said that he will be out of town from the day after Christmas until the middle of January. He suggested moving up the deadline for that meeting from Tuesday the 27th to Friday the 23rd, if the office will be open that day, so that he can write public and abutter notices. Board members agreed and he will check on the date with the office members.

MotionTuttle/Spear to adjourn. All in favor. The meeting adjourned at 9:05 p.m.

Minutes submitted by Diane Nilsson
Posted November 18, 2005