Town of Wilton, NH

Zoning Board Minutes

January 8, 2008

BOARD MEMBERS: Chairperson Neil Faiman; members Carol Roberts, Jim Tuttle and Bob Spear; alternate member Andy Hoar.

  • E&T’s United Venture, Inc./L.A. Limousine – variances
  • Kevin J. DeGroot – special exception
  • Randy & Catherine Caswell – special exception and variances

Faiman called the meeting to order at 7:30 p.m. and introduced the board members. All five members present made up the voting board.

Minutes — December 11, 2007

MotionHoar/Spear To approve the 12/11/07 minutes as written. All were in favor,

Case #12/11/07–1 — E&T’s United Venture, Inc./L.A. Limousine Service, Inc.

E&T‘s United Venture, Inc. (owner) and L.A. Limousine Service, Inc. (applicant) have applied for variances to sections 5.2.3 and of the Wilton Zoning Ordinance, to allow for the construction of a sign on the property larger than allowed by the Ordinance on Lot L–27, 223 Gibbons Highway.

Dawn Tuomala represented the applicant and presented board members with a plan showing placement of the proposed sign just before the beginning of the fence, at the edge of the westerly property line. She also presented a scale drawing of the sign showing that it is 4’ wide and 4.5’ tall. They want the distance from the bottom of the sign to the ground to be 7.5’ and they want the sign to be 13’ high. Ms. Tuomala also presented a photo of the actual sign and photos of a mock up of the sign in its proposed location.

Board members discussed the different sign requirements since this is a commercial building in a residential district. The Residential District allows signs to be 4 SF and no taller than 6’. The Commercial District allows signs to be 100 SF and up to 16’ tall. This proposal is for a 20 SF sign at 13’ tall.

MotionSpear/Hoar To close the hearing in order to deliberate. All were in favor.
MotionSpear/Roberts To grant the requested variances. The variances will permit the erection of a sign on Lot L–27, 223 Gibbons Highway (NH Route 101). A photograph of the proposed sign was presented to the Zoning Board and is in the ZBA case file. The sign is approximately 4.4 by 4.8 feet in size and is to be located in the proposed location, as shown on the plan labeled “Non-residential Site Plan / Lot L–27 / L.A. Limousine Service, Inc. / Wilton, NH / December 17, 2007.” The top of the sign is to be no more than 13 feet above the ground, and the sign is not to be illuminated after 10:00 p.m. All voted in favor.

Case #12/11/07–2 — DeGroot

Kevin J. DeGroot has applied for a special exception under the terms of Section 11.4 of the Wilton Zoning Ordinance, to permit the construction of catch basins, piping, subdrains, and a wooden walkway which would affect wetland areas on Lot J–16, 9 Dale Street. Continued from December 11.

Dawn Tuomala represented the applicant and presented a slightly revised site plan where she brought the drains on the north side of the property much closer to the building so as to protect the root system of the maple tree belonging to abutter Paul Askew as much as possible. Since this plan has the same 12/11/07 date as the plan from the previous month, Ms. Tuomala wrote “1/8/08 Revise

Drainage and Grading” and signed the plan which is in the ZBA file. She also presented a letter from Certified Soil Scientist Richard W. Bond, President of Merrimack Soils Consultants Inc. which confirmed that the jurisdictional wetlands delineated on the plan dated 12/11/07 are accurately delineated.

Spear asked how much material would be removed from the back in order to place the drains. Ms. Tuomala said that as much as possible, whatever was taken out would be put back in. Spear asked if anything was going to be done to keep the hillside behind the property from eroding. Ms. Tuomala said there would be silt fencing and other measures.

MotionSpear/Tuttle To close hearing in order to deliberate. All were in favor.
MotionHoar/Spear To approve the application as requested. All were in favor.

Case #1/8/08–1 — Randy and Catherine Caswell

Randy and Catherine Caswell have applied for a special exception under Chapter 17 and for a variance to sections 17.2 and/or 17.3 of the Wilton Zoning Ordinance, to permit the reconstruction of a nonconforming multi-family residence that was destroyed by fire on Lot J–124, 4 Barry Court, in a different location than the original structure.

Randy Caswell explained that his three-family home burned down in November. When he rebuilds, he would like to move the house a little further away from the road. Currently it sits 19’ from the road. He is proposing to build the house 22’ from the road. He said he would like to build it even further from the road, but because he needs to build exterior stairwells to the second and thirds floors, there isn’t enough room. As the plans show, the southern corner of the house will be only 9.3’ from Grayson Parker’s property.

Abutter Grayson Parker said he is in favor of everything Mr. Caswell is proposing. He said the driveway will be safer and that will benefit the town.

Faiman said if Mr. Caswell wanted to reconstruct the building on the exact same footprint, he would not need ZBA approval, but because he wants to relocate the building he needs variances because it is a non-conforming residence and it does not meet the setback requirements.

MotionSpear/Tuttle To close the hearing in order to deliberate. All were in favor.
MotionSpear/Tuttle To grant the application for variances to sections 17.2 and 17.3. All were in favor.
MotionRoberts/Spear to adjourn the meeting. All were in favor.

The meeting adjourned at 8:45 p.m.

Submitted by Diane Nilsson

Posted January 15, 2008