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Minutes posted at this web site have not been checked for consistency with the printed minutes that are available in the Wilton Town Offices. If you need the definitive minutes of a ZBA meeting, please obtain the printed minutes from the town offices.

December 14, 2010

Board MembersChairman Neil Faiman; members, Carol Roberts, Jim Tuttle, Joe Poisson, Andy Hoar, and alternates John Jowders and Bill Carnduff.
Agenda
  • 12/14/10-1 Yonika
  • 12/14/10-2 Dale Coye and Beverly Boyer
  • 10/12/10-1 Sylvia W. Horsley Trust

Chairman Faiman opened the meeting at 7:35 p.m.

A MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to approve the minutes of October 12, 2010 as written.

Voting: 4 ayes; motion carried with Mr. Hoar abstaining.

Case #12/14/10–1 — Yonika

Mr. Faiman explained that Mary Lyn Yonika has applied for a special exception under section 17.3 of the Wilton Zoning Ordinance, or alternatively for a variance to section 7.2.2(b) of the Ordinance, to permit the construction of a deck and staircase to the rear of the existing building on Lot L-54, 39 Main Street, which would be closer to the side lot lines than is permitted by the Ordinance.

Don Yonika appeared before the Board, for the applicant and explained that 39 Main Street is a unique lot in that the lot lines follow the abutting walls. He stated that building is 115' in length and 22' in width and he would like to put on a deck that is almost the entire width of the building. He explained that the side yard setback would be beyond the other lot line and therefore he could do nothing without a special exception or variance. He stated that he will be following the front and back set backs but he would like to have no setback from the side lot lines.

In response to a question from Ms. Roberts, Mr. Yonika stated that in the lower level there are three windows and an exit which is where the deck would be. He further noted that he found remnants of several old piers that indicate that there was a structure there previously.

Ms. Roberts stated that she did a site visit and it seems like the tree line is closer in real life than on the plan. Mr. Yonika explained the drawings he presented and noted that they have been removing invasive vegetation behind the building.

In response to a question from Ms. Roberts, Mr. Yonika stated that it's not possible to do anything out back currently due to the vegetation.

In response to a question from Mr. Faiman, Mr. Yonika stated that the Shoreline Protection Act states that one can add a deck.

Mr. Faiman reviewed the provisions of Section 17.3.

In response to a question from Mr. Poisson, Mr. Yonika stated that there is nothing on the deed that indicates any right of way.

In response to a question from Ms. Roberts, Mr. Yonika stated that the deck would be 33? from the edge of the Souhegan but the deck would be on piers and the river edge is much lower there.

In response to a question from Mr. Hoar, Mr. Tuttle stated that there is not usually an issue in that area with flooding due to ice building up.

Mr. Faiman asked for public comment and heard none.

Ms. Roberts stated that she is concerned about egress from the building and feels that this would be an improvement.

In response to a question from Mr. Tuttle, Mr. Yonika stated that the deck will be off the basement level.

A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to close the public hearing.

Voting: 5 ayes; motion carried unanimously.

In response to a question from Mr. Hoar, Mr. Faiman explained that the Shoreland Protection Act has a provision which grandfathers the shoreline setback and noted that if there is a shoreline issue the Zoning Board vote would have no effect on that.

Ms. Roberts noted that she thinks that the 22? width is not encroaching on the abutters.

A MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to grant relief from the side setbacks through Section 17.3 providing that the deck is attached to the lower level exit and does not extend beyond the width of the building.

Voting: 5 ayes; motion carried unanimously.

Case #12/14/10–2 — Dale Coye and Beverly Boyer

Mr. Faiman explained that Dale Coye and Beverly Boyer have applied for a special exception under section 5.3.1 of the Wilton Zoning Ordinance, to permit the operation of an in-home child care business in the residence on Lot H-114-1, 629 Abbot Hill Road.

Ms. Boyer explained that she and her daughter intend to work together out of their house on Abbot Hill Road. She explained that they have a big house and big yard in the back and they would like to have 8 to 12 children in the daycare. She stated that the house is well suited for a daycare because there is a bit of a wing that could be devoted to the business, a back yard, adequate parking and a pull through circular drive with extra parking on the side. She stated that there would be no changes to the building including no new lighting or construction. She also noted that she does not think that it will have any impact on the neighborhood.

In response to a question from Mr. Hoar, Ms. Boyer stated that the state will allow up to 12 children so she is holding that amount as a possibility.

In response to a question from Mr. Tuttle, Ms. Boyer stated that the hours of operation will be from 8 a.m. to 4 p.m.

In response to a question from Mr. Poisson, Ms. Boyer stated she will not be installing a sign.

In response to a question from Mr. Tuttle, Mr. Faiman stated that the site is 7.5 acres in area so he does not feel that there will be any conflict with the neighbors.

In response to a question from Mr. Carnduff, Ms. Boyer explained that the state will review issues like fencing in the back to contain the children but there is currently no fence.

In response to a question from Mr. Jowders, Mr. Faiman stated that he believes the Board's role is to review safety and impact to the neighborhood rather than to the children themselves.

Mr. Jowders and Mr. Faiman noted that this will increase traffic but it will not have a significant impact on Abbot Hill Road because of the existing traffic.

After discussion, Ms. Boyer decided to change the proposed hours to 7 a.m. through 6 p.m.

A MOTION was made by Ms. Roberts and SECONDED by Mr. Tuttle to allow the home occupation daycare for up to 12 children and with the hours of operation being 7 a.m. to 6 p.m. Monday through Friday.

Voting: 5 ayes; motion carried unanimously.

Case #10/12/10–1 — Sylvia Horsley Trust

Mr. Faiman explained that that a revised parking plan was submitted with four 9? by 18? parking spaces side by side.

The Board reviewed the submitted parking plan.

A MOTION was made by Mr. Tuttle and SECONDED by Mr. Poisson that the Board find that the submitted plan satisfies the conditions of the original approval.

Voting: 5 ayes; motion carried unanimously.

Additional Business

Mr. Faiman stated that he attended the Budget Committee meeting last week and they approved the Board's budget for the next year. He explained that it is essentially the same as this year and noted that the income does not cover the expenses however it is not too far off. He stated that the Budget Committee asked that the Board consider increasing the application fee from $75 to $100. The Board also discussed increasing the abutter fee to $6.

Adjournment

A MOTION was made by Ms. Roberts and SECONDED by Mr. Tuttle to adjourn the meeting.

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned at 8:35 p.m.

Respectfully Submitted,
Heather Loewy Nichols
Clerk
Page 3 of 3
Wilton ZBA
12/14/10
Final Draft Approved 1/11/11