Town of Wilton, NH

Zoning Board Minutes

November 8, 2011

Board MembersChairman Neil Faiman; members, Carol Roberts, Joe Poisson, Bill Carnduff, and Andy Hoar.
Agenda10/11/11- 1 Jared Brown

Chairman Faiman opened the meeting at 7:35 p.m. and noted that the Recording Secretary was absent this evening and that he was recording the meeting in order for the minutes to be produced.


A MOTION was made by Mr. Hoar and SECONDED by Mr. Carnduff to approve the minutes of October 11, 2011 with the following corrections:

- Change "Diane Right" to "Diane Wright" throughout

- Change "Jacob Brown" to "Jared Brown" throughout

Voting: 5 ayes; motion carried unanimously.

Case #10/11/11–1 — Jacob Brown

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. He also noted that this case was continued from last month to allow the Board to hold a site visit and to allow Mr. Brown to provide the Board with a scaled drawing of the lot which he did provide at the site visit.

Mr. Faiman noted that Mr. Brown and several neighbors were present for the site visit. He stated that Mr. Brown showed those present the current location of the shed, the proposed location, and also the drainage areas on the lot.

Mr. Brown provided the Board with copies of the tax map depiction of the proposed placement.

In response to questions from the Board, Mr. Brown clarified that the shed is 8.5? by 14.5? and will sit 8? from the North lot line and between 3? - 4? from the back or Western lot line. He also noted that the shed will sit long ways being East to West.

In response to a question from Mr. Carnduff, Mr. Faiman stated that the ordinance requires a 15? set back from the back and side lot lines and 35? from the front lot line.

In response to a question from Ms. Roberts, Mr. Faiman explained that green space is not applicable in this case.

Mr. Carnduff noted that the applicant could raise the shed off the ground such as with concrete blocks and then place it over the drainage area.

In response to a question from Mr. Carnduff, Mr. Brown stated that he cannot place the shed within the setbacks as it would not look nice on the property and if the shed placement is not approved he will probably remove the shed.

In response to a question from Mr. Carnduff, Mr. Brown stated that his other shed was built with a building permit and a variance.

Mr. Hoar stated that he agreed with the applicant's opinion of the aesthetics of the lot but questioned if aesthetics qualifies as preference rather than a hardship.

Ms. Roberts noted that while neighborhood opinion is important it is not more important than the long range vision and expressed concern about setting precedence. She questioned what the limit of one's reasonable use of their property is.

Mr. Poisson stated that he feels that as long as the proposed is not imposing on other people's property then one should be able to get as much use as possible out of the property.

Mr. Brown noted that there are garages in his neighborhood that sit right on the lot line.

Mr. Faiman noted that previously he has approved variances in this part of town because that is how this part of town was already built.

Ms. Roberts stated that approving the variance would make a bad situation worse and sets a bad precedence.

The Board reviewed the required criteria for granting a variance.

A MOTION was made by Mr. Carnduff and SECONDED by Mr. Poisson to approve the requested variance to permit the movement of the shed from the present location to the location shown on the map which is 3? to 4? from the back lot line and 8? from the side lot line.

Voting: 2 ayes; motion failed with Mr. Carnduff, Mr. Hoar, and Ms. Roberts against.

A MOTION was made Ms. Roberts and SECONDED by Mr. Carnduff to deny the variance as proposed by the applicant.

Voting: 3 ayes; motion carried with Mr. Poisson and Mr. Faiman against.

The Board discussed their reasons for denying the variance including the fact that there are no exceptional circumstances to justify granting the variance and denial of the variance does not seriously damage the owner.

A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to adopt the reasons for denial as written by Mr. Faiman.

Voting: 5 ayes; motion carried unanimously.


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

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned.

Respectfully Submitted,
Heather Loewy Nichols
Page 2 of 3
Wilton ZBA
11/8/11 Rev 1