Skip navigation.

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.

March 20, 2012

Board MembersChairman Neil Faiman, Vice Chair Carol Roberts, members: Joe Poisson, Bill Carnduff, and Andy Hoar, and Minute Taker Heather Loewy Nichols.
Agenda3/20/12-1 Paul and Elizabeth Levesque

3/20/12 -2 Graham Family Trust

Chairman Neil Faiman opened the meeting at 7:30 p.m. and introduced the Board Members present.

Minutes

A MOTION was made by Mr. Carnduff and SECONDED by Ms. Roberts to approve the minutes of January 17, 2012 with the following corrections:

- Change "Mr. Roberts" to "Ms. Roberts"

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

Case #3/20/12–1 — Paul and Elizabeth Levesque

Mr. Faiman explained that Paul and Elizabeth Levesque have applied for a special exception under section 17.3 of the Wilton Zoning Ordinance, to permit the construction of a storage shed ten feet from the rear lot line on Lot F-97, 171 Isaac Frye Highway, which is closer to the lot line than would otherwise be permitted by the Ordinance.

Paul Levesque appeared before the Board and explained that currently he is parking his tractor outside and he would like to put in a storage shed up for his tools so he park his tractor in the garage. He stated that most of his house is on a hill and if he follows the Zoning Ordinance he would have to put the front door of the shed in his garden. He noted that no one behind his property will object to encroaching on the set back because his current abutter is 57 pigs.

In response to a question from Ms. Roberts, Mr. Levesque stated that Lot 98-2 belongs to Mr. Moheban and is leased by Anthony Graham and Lincoln Geiger, neither of whom have any objection to his proposal.

Mr. Levesque stated that he has a three stall garage which currently houses two cars and garden equipment as well as power equipment from a previous business.

Faiman noted there is a 50? right of way for Lot 98-2.

Mr. Levesque noted that there is a 99 year lease on the property.

Mr. Faiman explained that typically with back lots there is a strip of land which gives the lot formal access and a shared drive which sometimes comes across a different lot. He noted that the 50? strip will never become someone's lawn.

Mr. Levesque showed the Board pictures of the proposed shed noting that it would be wood, red, and will look like a barn.

In response to a question from Ms. Roberts, Mr. Levesque stated that he is not planning on putting lights, running water, or a woodstove in the shed.

Mr. Levesque noted that the house was built before zoning.

Mr. Faiman read the Special Exception qualifications and asked if there was any comment from the public.

In response to a question from Bill Mahar, of the Wilton Conservation Commission, Mr. Levesque stated that this proposal would not affect any of the existing conservation easements in that area.

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

Voting: 5 ayes; motion carried unanimously.

Mr. Carnduff stated that he looked at the property and the proposal seems acceptable to him.

A MOTION was made by Mr. Carnduff and SECONDED by Ms. Roberts to open the hearing.

Voting: 5 ayes; motion carried unanimously.

In response to a question from Mr. Carnduff, Mr. Levesque stated that he has an established 25? by 60? garden. Mr. Carnduff and Mr. Levesque discussed the landscape, existing items on the property, and alternative possibilities for placing the shed.

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

Voting: 5 ayes; motion carried unanimously.

Mr. Hoar stated that placement of the shed is a convenience factor but the established beds of raspberries and rhubarb take a long time to set up and since the infringement would only affect a possible driveway it would be low impact.

Mr. Faiman stated that the necessity is minimal but so is the impact considering the right of way and the fact that this land will be farmland for at least another 80 years.

Ms. Roberts stated that because of the neighborhood, lack of congestion and the 50? right of way the proposal creates a minimal invasion.

Mr. Poisson stated that he has no problem with the proposal and noted that he does not feel that it will have any bearing on anything or anyone else.

A MOTION was made by Mr. Hoar and SECONDED by Mr. Poisson to grant the special exception to place the shed 45? from the side lot line and 10? from the rear lot line as marked on the plan as submitted with the application.

In response to a question from Mr. Poisson, Mr. Levesque stated that the septic system is on the other side of the property.

Voting: 5 ayes; motion carried unanimously.

Mr. Faiman explained the appeals process.

Case #3/20/12–2 — Graham Family Trust

Mr. Faiman explained that the Graham Family Trust has applied for a variance to section 6.3.1 of the Wilton Zoning Ordinance to permit the subdivision of Lot H-41, 608 Abbot Hill Road, into two lots under the "Alternative Lot Requirements" of section 6.3 of the Ordinance, except that the resulting lots would not have contiguous frontage.

Michael Ploof, of Fieldstone Engineering, appeared before the Board for the applicant and explained that Anthony Graham is the owner of Lot H-41, which is approximately 12 acres. He explained that he is proposing a subdivision to portion off the area of the lot which is currently under a farm easement. He explained that the proposal is for Lot H41-1 to be a normal frontage lot and for the remaining portion of the lot to be a reduced frontage however section 6.3.1 states that a reduced frontage lot must have contiguous frontage. He stated that the proposed subdivision meets all requirements except this one and asked the Board to consider the odd horseshoe shape of the lot and the fact that the portioned off section will be donated for conservation.

In response to a question from Ms. Roberts, Mr. Ploof stated that the remaining portion would be approximately 2 acres and it does contain an existing house.

In response to a question from Mr. Carnduff, Mr. Ploof explained that the separated part will be donated to the Temple Wilton Farm and there is a current easement on the property so that no building is allowed, therefore they are proposing no building and no other changes.

In response to a question from Ms. Roberts, Mr. Ploof stated that there is enough frontage to meet the requirements, it's just not contiguous frontage. He stated that he believes that the spirit of the ordinance is to prevent reduced frontage lots from being next to each other which is not possible in this case.

Mr. Faiman noted that there is over 500 feet of frontage on the conservation lot and since Mr. Faiman helped write this section of ordinance, he agrees with Mr. Ploof's interpretation of the spirit.

Ms. Roberts and Mr. Carnduff stated that they had no objection to the proposal.

A MOTION was made by Ms. Roberts and SECONDED by Mr. Hoar to grant the variance to section 6.3.1 to permit the two lots as submitted in the application.

Voting: 5 ayes; motion carried unanimously.

Other Business

The Board discussed adding procedures for extending a Zoning Board decision beyond the original two years. Mr. Faiman suggested adding to the bylaws the procedure for granting an extension including assessing noticing and abutter's fees.

Adjournment

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 at 8:35 p.m.

Respectfully Submitted,
Heather Loewy Nichols
Clerk
Page 2 of 4
Wilton ZBA
3/20/12 Final Revision
Approved 4/10/2012