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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 9, 2012

TOWN OF WILTON

ZONING BOARD OF ADJUSTMENT

Board MembersChairman Neil Faiman, members: Carol Roberts, Andy Hoar, Bill Carnduff, Joe Poisson, alternate Jim Tuttle, and Secretary Heather Loewy Nichols.
Agenda
  • Minutes of September 18, 2012
  • Minutes of October 7, 2012
  • Case #9/18/12-1
  • Adjournment

Chairman Faiman called the meeting to order at 7:30 p.m. and introduced the Board Members.

Minutes

A MOTION was made by Mr. Carnduff and SECONDED Mr. Tuttle to approve the minutes of September 18, 2012 as written.

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

A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to approve the minutes of October 7, 2012 as written.

Voting: 3 ayes; motion carried with Mr. Poisson, Mr. Tuttle, and Mr. Carnduff abstaining.

Case #9/18/12–1 — Dennis Veins

Mr. Faiman explained that Denis R. Veins has applied for a special exception, under the terms of section 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a driveway which will cross a wetland area in order to access a new single-family residence, in connection with the proposed subdivision of Lot E-37, 172 Russell Hill Road, into two lots.

Chris Guida, of Fieldstone Land Consultants, appeared before the Board for the applicant and submitted the state wetland crossing approval. He explained that this application is for a two lot subdivision, but in order to access the second lot they will need to cross a small wetland area along the route of a small woods road. He further explained that they will be utilizing an old stone crossing and disturbing 650 SF of wetland in order to bring the drive up to town standards. He stated that they have proposed the crossing at the narrowest point of the wetland tract and met the standards of the town in order to minimize erosion and impact.

In response to a question from Mr. Tuttle, Mr. Guida stated that currently the crossing is made out of stone but that they are proposing a 15" culvert.

Mr. Poisson noted that he visited the site after a hard rain and did not see any flow.

Mr. Faiman called for abutter comment and heard none.

A MOTION was made by Mr. Tuttle and SECONDED by Mr. Carnduff to close the public portion of the hearing.

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. Carnduff and SECONDED by Ms. Roberts to grant the special exception as requested.

Mr. Faiman noted that the Board Members voting on this case will be Mr. Poisson, Mr. Carnduff, Mr. Tuttle, Ms. Roberts, and himself.

Voting: 5 ayes; motion carried unanimously.

Case #10/9/12–1 — Advanced Building Performance Solutions LLC

Mr. Faiman explained that Advanced Building Performance Solutions, LLC, and the Ronald P. Fournier Revocable Trust have applied for variances to sections 5.2.1 and 5.2.2 of the Wilton Zoning Ordinance to permit a lot consolidation and lot line adjustment that would merge Lot K-79 into Lots K-78 and K-82 at 174 and 180 Main Street, and adjust the lot line between Lots K-78 and K-82, leaving both lots with less than the area and frontage required by the Ordinance and Lot K-78 with less frontage than it has now.

Ms. Tuomala explained that decades ago there was a house on Lot K-79 and more recently a shed which has been removed. She stated that the applicants would like to add Parcel A of Lot K-79 to K-78 and Parcel B of K-79 to Lot K-82. She noted that Lot K-78 has a single family home on it and Lot K-82 has a duplex. She further explained that the tax cards show Lot K-78 as being built in 1840 and Lot K-82 as being built in 1900 and noted that both are on town sewer and water. Ms. Tuomala submitted tax maps, with the lots highlighted, noting that the other lots in the area have 48? - 62? of frontage so her proposal will be keeping with the neighborhood character. She stated that Lot K-78 will be 6,789 SF, Lot K-82 will have 9,510 SF, and both will be zoned residential. She further stated that 9SF in the back of the lot will be transferred from Lot K-82 to K-78 and also 45SF and 1.25? of frontage will be transferred from Lot K-78 to Lot K-82. She noted that neither lots are within the 100 year flood hazard but both are within the Aquifer District and partly in the 250? shoreline protection area. She further noted that they will not be doing any construction which would warrant special permits.

Ms. Tuomala explained that she is applying for a variance of Section 5.2.2 and 5.2.1 for frontage and area non conformities.

Ms. Tuomala stated that granting the variance would not be contrary to public interest because there will not be any visible changes to the lot and the public would assume that the fence line would be the property line. She also stated that granting the variance would be consistent with the spirit of the ordinance as these lots are existing non-conforming lots of record to which the changes would be minimal and would create no negative environmental effect on the neighbors. She further explained that granting the variance would do substantial justice as the variance will allow each lot owner to utilize the land that they presently think of as theirs. Ms. Tuomala stated that the proposal would not diminish the surrounding property values as the change will not be noticeable to the neighbors and the overall proposal will add value to both properties by increasing their size. She further reiterated that the change will not change the public's perception of the lots as it has always seemed that the lot boundary was the fence line; even to the owner's of the lots.

In response to a question from Mr. Carnduff, Ms. Tuomala explained that Lot K-79 is owned by the same person as Lot K-78 and she does not believe that the town will lose any revenue due to the change.

In response to a question from Ms. Roberts, Ms. Tuomala pointed out the driveways on the provided pictures and noted that each dwelling has a driveway and they will not be impacted by the proposal.

In response to a question from Mr. Hoar, Ms. Tuomala stated that the fence shown in the back of the submitted picture is the back edge of Lot K-79

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

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. Poisson and SECONDED by Mr. Carnduff to approve the variance as requested.

Voting: 5 ayes; motion carried unanimously.

Adjournment

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

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned at 8:05 p.m.

Respectfully Submitted,
Heather Loewy Nichols
Zoning Board Secretary
October 9, 2012 Page 3 of 3
Wilton ZBA
Final Revision
Approved 4/9/13