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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.

October 11, 2011

Board MembersChairman Neil Faiman; members, Carol Roberts, Joe Poisson, Bill Carnduff, Andy Hoar, and alternates Joanna Eckstrom and Jim Tuttle.
Agenda
  • 9/13/11-1 Celia E. Lorden Revocable Trust
  • 10/11/11- 1 Jared Brown

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

Minutes

A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to approve the minutes of September 19, 2011 as written.

Voting: 5 ayes; motion carried unanimously.

Case #9/13/11–1 — Celia E. Lorden Revocable Trust

Mr. Faiman explained that the Celia E. Lorden Revocable Trust has applied for a variance to sections 6.2.3 and 14.3.2 of the Wilton Zoning Ordinance, to allow a lot line adjustment between lots C-52, Scott Rd, and C-37, back lot off Isaac Frye Highway, which would result in inadequate frontage on both lots as permitted by the ordinances. He noted that at the meeting on September 13, 2011 only himself, Ms. Roberts, Mr. Hoar, and Mr. Tuttle were present so he is proposing putting Mr. Carnduff on and leaving Mr. Poisson off the case. After more discussion the Board decided to place Mr. Poisson, Mr. Tuttle, Ms. Roberts, Mr. Hoar, and Mr. Faiman on the case.

Mr. Faiman explained that at the last meeting the Board heard the applicant's presentation and continued the case specifically to hold a site visit in order to view the potential location of a road and secondly to obtain a letter from the town Road Agent. He stated that Board Members and abutters were present and Ms. Tuomala showed them the proposed driveway location which was well flagged.

Ms. Tuomala explained that the applicant has two tracks of land, one which is 72 acres and one which is 7 acres, landlocked and has no frontage. She also noted that the Aquifer District runs through the parcel. She explained that she would like to create one 39 acre lot and one 40 acre lot but the Planning Board had sent a letter to Town Council who suggested that she get a variance since the existing house would be left with only 29? of frontage on Scott Road. She further explained that since then she has been to the Board of Selectmen and proved that Scott Road is a town road and therefore the house has enough frontage so she would like to give 217? of frontage from Issac Frye to the land locked lot. She noted that this lot will still fall short of the required frontage as it is in the Watershed District and therefore requires 300? of frontage. Ms. Tuomala also read a letter from the Road Agent stating that he found there to be 371? and 500? feet of sight distance in either direction which is beyond the required distance criteria.

Mr. Faiman called for questions from the public and heard none.

In response to a question from Poisson, Mr. Tuomala explained that the access would have to be improved but she is proposing the same entry point. She also noted that the owners are not interested in building on the enlarged lot; they just want to get rid of the properties and both lots have been on the market awhile. She noted that the lot could be developed further but any development would require going through the Planning Board.

A MOITON was made by Ms. Roberts and SECONDED by Mr. Tuttle to close the public hearing in order to deliberate.

Voting: 5 ayes; motion carried unanimously.

Mr. Faiman explained that the Board discussed at the last meeting that they do not feel that the frontage on Isaac Frye counts as access for Lot C-037. He also noted that under discussion was the fact that the small lot is currently unbuildable and allowing the variance would be creating a lot that would be substandard with regard to its frontage. Mr. Faiman noted that the basic function of the 300? frontage requirement in the Watershed District is to control density and this lot would have 39 acres and therefore not be a density issue.

Ms. Roberts stated that she was not concerned about approving this application, especially since her main concern about the access has been alleviated.

Mr. Faiman read a proposed draft decision approving the variance allowing the possibly substandard frontage on Lot C-052 and the creation of buildable lot with only 217? of frontage on Isaac Frye Highway.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Hoar to approve the variance with Mr. Faiman's proposed language.

Voting: 5 ayes; motion carried unanimously.

Case #10/11/11–1 — Jacob Brown

Mr. Faiman stated that Mr. Poisson, Ms. Roberts, Mr. Hoar, Mr. Carnduff and himself will sit on the case.

Mr. Faiman explained that Jared Brown has applied for a variance to section 5.2.3 of the Wilton Zoning Ordinance, to permit the relocation of an existing shed to the north (back right) corner of Lot K-110, 10 Putnam Street, where it would be closer to the side and back lot lines than is permitted by the ordinance.

Ms. Eckstrom stated that she has visited the site but since no one was home she did not walk into the site. Mr. Faiman and Mr. Carnduff stated that they walked by the site and Ms. Roberts and Mr. Hoar stated that they drove by the site.

Mr. Brown explained that he would like to move his shed within the set back and he and the affected abutters have walked the site with him. He explained that the shed would be located within the line of bushes and he read a letter stating that he has permission to place the shed within the setbacks including the woodstove. He explained that the smoke will now be blowing into his house or the Pittman's house and noted that he does not run the stove unless it is cold and also that there is a 12? stove pipe.

In response to a question from Mr. Carnduff, Mr. Brown stated that there will be 14? to 15? running along the Pittman line and the entrance would be 90 degrees to his house.

In response to a question from Mr. Hoar, Mr. Brown explained that the shed would be 6" from the back lot line where there is currently a three acre field.

Ms. Roberts stated that she is still looking for a graph paper depiction with dimensions as the presentation is too subjective for her.

In response to a question from Mr. Carnduff, Mr. Faiman explained that the three acre lot was part of a subdivision with frontage on Pine Valley Road and Maple Street.

In response to a question from Ms. Roberts, Mr. Brown explained that he provided pictures of the interior of the shed.

Mr. Faiman echoed Ms. Roberts' concern and stated that providing the pictures is great but it is not a substitute for a lot plan.

Ms. Roberts stated that at the moment she feels like she needs a site walk plus a drawn plan.

Mr. Faiman noted that neighbor preference should never be the deciding factor on a variance as people and personalities change.

Diane Right, an abutter, introduced Steve Jowie and asked him to speak for her. Mr. Jowie stated that the fact that Mr. Brown is moving the shed based upon the outcome of the June 14th meeting is encouraging but Ms. Right is concerned about the new application. He stated that she is concerned that this could be used as a segue to move the shed back. He stated that she thinks that there is an area within the acceptable boundaries that he could place the shed and suggested that the Board hold a site visit. He also noted that one of the issues previously was snow and water runoff and there is now a tarp in the same place as the shed was.

Mr. Faiman stated that whether the tarp is permitted or not is not the Zoning Board's business and the appropriate thing to do is to file a complaint with the code enforcement officer or the Board of Selectmen. He stated that he does not believe that its presence or the objections to it should be relevant to this case.

In response to a question from Ms. Roberts, Mr. Tuttle stated that a lot of drainage ditches were put in by previous owners and are no longer functional.

There Board entered into a discussion of the drainage paths.

Mr. Tuttle and Ms. Eckstrom left the meeting at 8:30 p.m.

Tina Benson, neighbor, stated that she has been in the neighborhood the longest, at 33 years, and everyone has issues with water in their basements so she does not see what the issue with the shed was. She stated that it has never been an issue with the prior tenants and she does not see what the issue is as long as the neighbors who are most affected do not mind.

A MOTION was made by Mr. Carnduff and SECONDED by Mr. Hoar to continue the application in order to allow time for a site walk and for the applicant to prepare a graphical representation of the lot.

Mr. Faiman noted that the Board is asking for a site visit and but Mr. Brown does not need to agree to do so. Mr. Brown said that he would do as requested.

Ms. Roberts stated that it should be understood that a site visit is not a forum for advice to the applicant and it does not obligate the Board into approving the plan. Mr. Faiman also noted that at site visits discussion is discouraged other than pointing out the facts such as where the shed will go.

The Board and public entered into a discussion as to abutter notification and they decided that the appropriate notifications had occurred.

The Board decided to hold a site walk on Sat October 22nd at 9:00 a.m. noting that the walk is open to the public although no testimony will be taken.

Voting: 5 ayes; motion carried unanimously.

Adjournment

A MOTION was made by Mr. Carnduff and Mr. Hoar to adjourn the meeting.

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned at 8:50 a.m.

Respectfully Submitted,
Heather Loewy Nichols
Clerk
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Wilton ZBA
10/11/11 rev 2