TOWN OF WILTON
ZONING BOARD OF ADJUSTMENT
| Board Members | Chairman Neil Faiman, Vice Chair Carol Roberts, members: Joe Poisson, alternates Joanna Eckstrom and Jim Tuttle, and Secretary Heather Loewy Nichols. |
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| Agenda |
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Chairman Faiman called the meeting to order at 7:30 p.m. and introduced the Board Members.
Minutes
A MOTION was made by Ms. Eckstrom and SECONDED by Ms. Roberts to approve the minutes of July 12, 2012 as amended.
Voting: 3 ayes; motion carried with Mr. Tuttle and Mr. Poisson abstaining.
September 11, 2012 Meeting Change
After discussion the Board decided to change the September 11, 2012 meeting to September 18, 2012 due to voting on September 11, 2012.
Chairman Faiman explained that Cheryl Paro and Robert Booraem have applied for variances to sections 4.2.1(c), 12.3(c), and 17.1(d) of the Wilton Zoning Ordinance, to allow, on Lot B-97, 317 Forest Road, the construction of a septic system in highly permeable soils 93 feet from a wetland, where the ordinance would require a 125 foot setback, and the replacement of two non-conforming buildings by an enlarged and extended single-family home with attached garage, on a lot with only 0.5 acres of non-wetlands and no land outside the flood zone.
Robert Todd, of Todd Land Use Consultants, appeared before the Board for the applicant and explained that the applicant would like to replace their current dwelling with a 32? x 64? single family home and attached 30? x 24? garage. Mr. Todd reviewed the applicable setbacks including the wetland building setback, septic setback, aquifer protection zone, and the front and side building setbacks. Mr. Todd noted that there is very little space on this lot that is not within a setback. Mr. Todd also noted that the septic system for this site is on an abutting property but will need to be relocated on this site should the dwelling be enlarged or should the septic system fail.
In response to a question from the Board, Mr. Todd explained that the delineated driveway is only a proposal and the final drive may not run over the septic but if it does the septic is designed to be able to withstand vehicles on it.
The Board noted that the proposal more than triples the current living space.
In response to a comment from the Board, Mr. Todd explained that the building will be built according to the FEMA rules with breakaway flood panels underneath so as not to displace any flood waters.
Mr. Todd explained that the applicant is asking for the following waivers:
1) To allow a septic system to be located on highly permeable soils within 93 feet of the wetland in lieu of the required 125 feet.
2) To allow the proposed residential development to occur on the existing non-conforming lot with approximately 0.5 acres of land free of wetlands and no land free of a flood zone in lieu of the required 2 acres.
3) To allow the demolition of the two non-conforming buildings and construction of a new single family residence of enlarged proportions in lieu of constructing new buildings in the same location and with the same dimensions as those buildings being replaced.
Mr. Todd explained that granting these variances would not be contrary to the public interest as the new building will improve the attractiveness of the property, increase the tax base, provide a safer more modern septic system, provide adequate housing, and decrease the flood storage within the flood zone. He also stated that the proposal is consistent with the intent of the ordinance because the proposed building would be placed within the wetland setbacks, and the applicant would be replacing a 42 year old septic system with a more modern system on site, therefore becoming more complaint than currently. He also noted that no other reasonable use of the land could occur on this Industrial zoned site. Mr. Todd stated that the proposed will have no negative impact on the public and in fact the impact on public resources will be minimized. He stated that to deny the requested variances would be an injustice to the applicant. Mr. Todd explained that the proposed will result in a more attractive neighborhood and noted that the new building will at least be on par with the surrounding neighborhood character.
Mr. Todd stated that enforcement of the ordinance would result in unnecessary hardship because the property cannot be used in strict conformance with the ordinance. He explained that the current residential property has existed since 1962, before zoning laws were in effect, and therefore the existing uses are non-conforming and allowed to continue. He further explained that strict conformance to the Aquifer Protection District and flood hazard area requirements is impossible and without these variances the property would be unusable. Mr. Todd explained that the current mobile home is too small to be acceptable at 10? x 57?, is deteriorating in such a way that it is unreasonable to repair, and replacing it with the same size building is impractical. He further explained that while the property is 4.3 acres in size only .5 acre's is not wetland or a small patch of upland that is too small to use.
After discussion, a MOTION was made by Mr. Poisson and SECONDED by Ms. Eckstrom to grant the requested variances.
Voting: 5 ayes; motion carried unanimously.
Case #6/12/12- Jason Dobbins
Mr. Faiman explained that the Board heard, and approved, this case in June but he then received notice from the Sweeney's, abutters of Mr. Dobbins, that they did not receive any abutter notification regarding this case. Subsequently he heard from other abutters that they had also not received abutter notifications. He explained that the Board needs to determine whether the abutters were properly notified and if they were not then the Board will need to vacate their previous decision and rehear the case this evening.
Ms. Nichols explained that she had prepared the abutter notices for this case but forgot to deliver them to the Post Office so the notices were never mailed. She noted that the other abutter notices in June did however get mailed and that this month the abutter notices for this case were mailed well before the deadline.
A MOTION was made by Ms. Roberts and SECONDED by Eckstrom to find that the abutters in case #6/12/12 (Jason Dobbins) were not properly notified.
Voting: 5 ayes; motion carried unanimously.
A MOTION was made by Ms. Roberts and SECONDED by Ms. Eckstrom to vacate the decision for case #6/12/12 (Jason Dobbins) that the Board reached on June 12, 2012.
Voting: 5 ayes; motion carried unanimously.
Mr. Faiman explained that Jason Dobbins has applied for a special exception under section 5.3.1 of the Wilton Zoning Ordinance, to permit gun sales as an internet business and by retail to family and friends as a home occupation on Lot D-58, 205 Burns Hill Road.
Jason Dobbins appeared before the Board and explained that he has an internet gun business in which customers order guns, he gets them shipped to a UPS Store in Nashua and then reships them to a gun dealer in the customer's local area. He explained that he would like to be able to sell fire arms to his friends and family but to do so he needs to transfer the guns at his home per the ATF. He submitted his License to Sell Pistols and Revolvers signed by the Wilton Chief of Police and also his Federal Firearms License.
In response to a question from the Board, Mr. Dobbins stated that he would not be selling automatic weapons.
In response to a question from an abutter, Mr. Dobbins stated that customers would not be trying out the firearms before purchasing them.
In response to questions from the public, Mr. Dobbins explained that he only wants to be able to sell firearms to his friends and family in a limited amount, that there will not be any inventory at his home unless it is his or for a specific local purchase and that ATF will review his transactions during spot checks. He explained that when a person comes to his home to purchase a firearm he calls the state police and they run a background check on the customer while the customer waits. He stated that each transaction could take up to an hour.
In response to a question from the Board, Mr. Dobbins stated that if he could not transfer firearms to his friends and family he would have to send the firearms to a local dealer and his customers would have to pay the dealer an extra fee.
An abutter expressed a concern about random strangers coming to Mr. Dobbin's home looking for weapons and possibly ending up at the neighbor's houses endangering their children. Mr. Dobbins stated that he would not be advertising his home address.
An abutter submitted a print screen of Mr. Dobbin's website, GetaFireArm.com, noting that it looks like the applicant is not selling hunting guns but rather assault weapons as his main business.
Mr. Dobbins stated that everything he sells is available in the local gun shops.
In response to a question from an abutter, Mr. Dobbins stated that he would not be making ammunition and that no one needs a permit to resell ammunition, however he only plans on selling perhaps a beginning amount of ammunition to be bought with the gun.
Mr. Dobbins noted that if any customer buys two or more weapons in the same week then his local police chief is notified within the day by the ATF.
The Board, applicant, and public discussed ways of limiting the amount of business Mr. Dobbins can do out of his home, such as only allowing four transactions a month or 20 customers a year, or 20 transactions a year.
After discussion, a MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to grant the special exception with the following conditions:
- No employees
- Sales by appointment only
- Sales regulated by the US Bureau of Alcohol, Tobacco, and Firearms
- Limited to twenty customer visits per year
- No advertising of retail sales
- No signs about the business on the property
- No inventory to be kept on the property, except guns being held for previously agreed in-home sale
- No ammunition sales except as part of a firearm sale
- No shooting on the property in connection with the sale of firearms
Voting: 4 ayes; motion carried with Mr. Poisson against.
Adjournment
A MOTION was made by Mr. Poisson and SECONDED by Ms. Roberts to adjourn the meeting.
Voting: 5 ayes; motion carried unanimously.
Chairman Faiman declared the meeting adjourned.
Respectfully Submitted,
Heather Loewy Nichols
Zoning Board Secretary
August 18, 2012 Page 3 of 3
Wilton ZBA
Final Revision
Approved 9/18/12