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October 13, 2009
BOARD MEMBERS: Chairperson Neil Faiman; members Andy Hoar, Joe Poisson, Carol Roberts and Jim Tuttle.
Chairman Faiman called the meeting to order at 7:45 p.m. and noted that there are three cases on tonight’s agenda.
Minutes — August 11, 2009
After review, a MOTION was made by Mr. Hoar and SECONDED by Mr. Poisson to approve the minutes from August 11, 2009 as written.
Voting 4 ayes; motion carried unanimously.
Mr. Faiman introduced the members present and the new secretary, Heather Loewy Nichols, and noted that he is expecting Carol Roberts to arrive shortly.
Case #10/13/09–1 — Pierre E. Provost IV 1993 Trust & Lura S. Provost 1993 Trust
After Mr. Faiman explained that a four member Board represents a legal quorum but three positive votes are still required for approval, Attorney McKenney decided to be heard. Mr. Faiman noted that a four member Board is not grounds to request a rehearing, should the vote be negative.
Chairman Faiman read the public notice as follows:
The Pierre E. Provost IV 1993 Trust & Lura S. Provost 1993 Trust have applied for a two year extension of a special exception granted on December 17, 2007 in Case #11/13/07–3. The special exception under section 11.4 of the Wilton Zoning Ordinance permits a wetland impact resulting from the construction of a roadway as part of a proposed subdivision of Lot B–14, Cram Hill Road (Lyndeborough) and Lyndeborough Tax Map 238, Lot 19 into 14 residential lots.
Carol Roberts arrived at 7:50 p.m.
Chairman Faiman explained that there is a provision of the Wilton Ordinance that all special exceptions are valid for two years and can be extended for good cause.
Robert McKenney appeared before the Board for the applicant and stated that he attached his justification for the extension to the application. He noted that between the Wilton Zoning Board, the Wilton Planning Board, and the Lyndeborough Planning Board this case has been heard at 27 or 28 meetings and the plan has been vetted with excruciating detail. He explained that in 2007 the Board allowed for a 2,700 feet of wetland impact and since then the impact has been lessened. He explained that at the final joint meeting of the Wilton Planning Board and the Lyndeborough Planning Board the Boards agreed to extend their approvals through May of 2012. He explained that a two year extension of this approval would still end prior to the Planning Board approval and that this case seems to be the type of case that is appropriate for extension.
Chairman Faiman called for public comment and heard none.
In response to a question from Mr. Hoar, Mr. McKenney explained that this extension would allow for the project construction to be planned out better.
A MOTION was made by Ms. Roberts and SECONDED by Mr. Hoar to grant the requested extension for two years.
Voting: 4 ayes; motion carried with Mr. Poisson opposed.
Case #10/13/09–2 — Sweezy Real Estate Trust and Philip F. and Sharon Dumont
Chairman Faiman reviewed the Board procedure and read the public notice as follows:
The Sweezy Real Estate Trust and Philip F. and Sharon Dumont have applied for variances to sections 6.2.1, 6.2.2. 6.2.3, and 6.2.4 of the Wilton Zoning Ordinance, to permit the transfer of a 12,144 square foot portion of Lot D–130, 48 Wilson Road to become part of Lot D–142, 97 Wilson Road, on the other side of the road.
Mr. Poisson left the Board as a voting member at 8:00 p.m.
Chairman Faiman explained that the case will now be heard by a four member Board and confirmed that the applicant still wants to proceed.
Chairman Faiman noted that he had previously suggested that the Board Members drive by the site and the Board confirmed that they had done so.
Ms. Tuomala appeared before the Board for the applicant, and supplied the Board with photos of the site. She explained that the lot on Wilson Road is owned by the Sweezey Trust, and that the applicant originally came to her for a subdivision of the two lots, which is not included in tonight’s application, and while doing the subdivision she discovered that there is a garage across the Dupont’s existing house that goes with their house. She explained that she is asking to take the 12,000 SF, which is the area around the garage and combine it with lot D-130, the Dupont’s property. She noted that the Lot D-142, owned by the Sweezey’s, currently is 43 acres in area and the existing house is down near Wilson Road. She submitted a reduction of the plan to the Board and stated that one can clearly see the lot to be taken out. Ms. Tuomala also submitted a tax card for Lot D-130 from the 1940’s and noted that the card includes, and the owners were taxed for, the garage across the street and the bull house. She then submitted a current assessment which does not include the garage or shed. Mr. Tuomala then submitted a tax card for Lot D-142 from the 1940’s and noted that it includes the house, main garage, and guest cottage but not the other garage, but today they are being taxed for the additional garage and shed. She next submitted a photo to the Board so that they can get a feel for the relationship of the garage and the house and can see that they are similar in design with the same shakes, colors, and outside details. She explained that the garage and house have always been thought of as going together and the proposal to subdivide creates a non conforming parcel A which will then be combined with Lot D -130. She explained that a non-buildable lot would be created and it would not meet lot area, frontage, or configuration requirements. She explained that this lot would not be used as a separate lot or for residential purposes and no new construction will be allowed except for the possible reconstruction of the garage on the same foundation. Ms. Tuomala also noted that the Board allowed something similar with a barn on Stiles Farm Road. She further noted that part of D-142 is in the Aquifer Protection area but not in the area of the garage lot, neither area is within the 100 flood line, and both lots are serviced by town water.
Ms. Tuomala explained that Parcel A will only be 12,000SF or .279 acres and two of the lot lines are within the 35’ set back. She stated that the proposed use will not diminish the surrounding property values and will not be contrary to public interest. She also noted that the purpose of the plan is to promote the welfare of the inhabitant and it has good civic design. She stated that granting the variance will allow for the garage as it is presently used and has been used in the past. She stated that the variance is needed to put the house and garage together and noted that the construction pre dates any zoning. She also explained that an easement could be written but since the buildings already exist it could devalue the lots. She stated that the variance would allow for the people to use the lot without the need to create any easements or cross easements. She stated that the Dumonts only utilize the garage; they do not have an interest in purchasing fields and this variance would mean that the taxes would be paid by the people who use the garage. She noted that the change will clean up a situation on paper that currently exists.
Mr. Tuttle stated that Ms. Tuomala’s history is correct, the garage has always been a part of the house across the street and there is a stone wall so the parcel is defined and does not encroach on the neighbors. He feels that the request for a variance is reasonable.
In response to a question from Mr. Hoar, Mr. Faiman explained that he assumes that the request for the variance is instead of fighting for the determination that the variance is not necessary.
Chairman Faiman asked for public comment and heard none.
A MOTION was made by Mr. Tuttle and SECONDED by Mr. Hoar to approve the variance as proposed.
In response to a question from Mr. Tuttle, Ms. Tuomala stated that the driveway will need to be moved and she received approval to do so from the Road Agent today.
Voting: 4 ayes; motion carried unanimously.
Case #10/13/09–3 — James K. and Kaye S. Tyler
Mr. Poisson returned to the Board as a voting member at 8:25 p.m.
Chairman Faiman read the public notice as follows:
James K. and Kaye S. Tyler have applied for variances to sections 5.2.1, 5.2.3, 5.3.7, and 7.2.2 of the Wilton Zoning Ordinance, to permit an adjustment of the lot line between Lots K–163 and K–164, 337 Main Street, where both lots are non-conforming now and will remain non-conforming after the lot line adjustment.
Ms. Tuomala appeared before the Board and introduced the applicants noting that they own both properties in question. She explained that the Tyler’s came into her to sell the existing house on Lot K-164 because they want to move to Lot K-163. She explained that lot K- 164 is a single family house on lower Main Street. Ms. Tuomala submitted a tax map and photos of the property to the Board. Ms. Tuomala submitted that the present tax card to the Board and explained that the property was purchased in 1985 from Mrs. Tyler’s mother and father who purchased the property in 1945. Ms. Tuomala stated that lot K-163 has a four unit on it of which three units are residential and one is a commercial unit. She submitted photos of Lot K-163, noting that the house has been recently added to, and explained that the lot was purchased from Mrs. Tyler’s mother in 2004, just before she passed away. She stated that the house was erected in 1825 and when the railroad was put in they took a piece of land. She explained that the railroad lot line now goes through the back side of the house, which is a civil matter, but also the lot line runs through the building on lot K-164. She explained that the applicants would like to move the lot line over to accommodate for the building and the parking. Ms. Tuomala explained that they are proposing moving 949SF and thereby increasing Lot K-163 from 3,382SF to 4,331SF, well under the minimum required. She stated that Lot K-163 is zoned both residential and commercial and therefore will need both residential and commercial variances. She stated that lot K-164 is only zoned residential and both properties are in the Aquifer District, within the 250' Shoreland Protection Area, and serviced by town sewer and water. She also noted that she went before the Wilton Conversation Commission and they unanimously voted that they had no issue with the plan because there are no exterior changes proposed.
Ms. Toumala reviewed her previously submitted reasons that the variances should be granted. She noted that the change will put the lots in compliance with frontage and the 15' setback requirements.
In response to a question from Mr. Tuttle, Ms. Tuomala stated that there is a total of 220' of frontage.
In response to a question from Mr. Tuttle, Ms. Tuomala stated that the right of way goes into the building but it is not well defined in the deeds so she has shown it on Lot K-164 even though it was suppose to be on Lot K-163.
In response to a question from Ms. Roberts, Ms. Tuomala stated that this issue has existed for 100 years and the one lot will be smaller but not out of character for the rest of the lots in that area.
In response to a question from Mr. Tuttle, Ms. Tuomala stated that the applicants do not intend to change the commercial unit at this time.
Ms. Tuomala noted that the applicants own both properties currently and now is the time to get the situation corrected.
A MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to approve the variances as requested and represented on the plan dated September 17, 2009, as amended in response to requests from the Wilton Planning Board.
Voting: 5 ayes; motion carried unanimously.
A MOTION was made by Mr. Tuttle and SECONDED by Mr. Hoar to adjourn the meeting.
Voting: 5 ayes; motion carried unanimously.
Chairman Faiman declared the meeting adjourned at 8:55 p.m.
Submitted by Heather Loewy Nichols