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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.

May 13, 2014

Board MembersChairman Neil Faiman; members, Carol Roberts, Bill Carnduff, Andy Hoar, and Joanna Eckstrom.
Agenda
  • Minutes of March 11, 2014
  • Elections
  • Case #5/13/14-1 Roni A Conlon
  • Case #5/13/14-2 Dorothy Cleaves Trust
  • Adjournment

Minutes

A MOTION was made by Mr. Hoar and SECONDED by Ms. Eckstrom to accept the minutes of March 11, 2014 with the following amendments:

- Change "NTV, LLV" to "NTV, LLC" throughout

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

Elections

A MOTION was made by Ms. Roberts and SECONDED by Mr. Faiman to nominate Bill Carnduff and Andy Hoar as Co Vice Chairs of the Wilton Zoning Board.

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. Hoar and SECONDED by Ms. Eckstrom to nominate Neil Faiman as Chairman of the Wilton Zoning Board.

Voting: 5 ayes; motion carried unanimously.

Case #5/13/14–1 — Roni A. Conlon

Mr. Faiman explained that Roni A. Conlon has applied for a variance to Section 5.2.3 of the Wilton Zoning Ordinance, or alternatively for a special exception under Section 17.3 of the Ordinance, to permit the construction of a garage on Lot L-3, 60 Burns Hill Road, which would be closer to the front lot line than is otherwise allowed by the Ordinance.

Ms. Conlon appeared before the Board and explained that she is looking to be allowed to place a garage 20? from the front lot line and the other corners will be 38? and 45? from the lot line. She further explained that the proposed location is the only angle that works because most of the yard is below road level and moving the garage back would mean moving an existing propane tank.

In response to a question from Ms. Roberts, Mr. Faiman stated that this lot is in the residential district which requires a 35? front setback and a 15? side setback.

In response to a question from Ms. Roberts, Ms. Conlon explained that she wanted the garage angled for easier access.

In response to a question from Mr. Carnduff, Ms. Conlon explained that moving the garage would require a lot of driveway and make access to the garage difficult.

Ken Cadrain, appeared before the Board for the applicant, and explained that they would like to keep the driveway access the same because moving the garage would require moving the driveway closer to a dangerous corner.

In response to a question from Mr. Faiman, Ms. Conlon stated that the house was built in 1942 and the propane tank was installed before she bought it in 2009.

In response to a question from Mr. Carnduff, Mr. Cadrain explained that moving the proposed location of the garage would block the view of the yard from the applicant's home. He also noted that encroaching on the setback will not change the character of the neighborhood as the abutters' homes also sit close to the road.

In response to a question from Ms. Eckstrom, Mr. Cadrain stated that there will be 10 to 12 feet between the corner of the house and the garage which will allow vehicle access in between if necessary.

Spencer Brooks, an abutter, noted that he had no problem with the application.

In response to a question from Mr. Carnduff, Ms. Conlon stated that Bill Condra is an abutter and he is fine with the proposed.

In a response to a question from Ms. Roberts, Mr. Cadrain stated that the proposed garage will be a one car oversized garage, 20? by 22?, with no second story.

In response to a question from Ms. Roberts, Mr. Cadrain explained that there is an existing small garage on the property that is being converted to a bathroom and laundry area. He also noted that having enough space for snow removal is another concern with putting the garage parallel to the house.

Mr. Faiman summarized the case thus far.

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

Voting: 5 ayes; motion carried unanimously.

Ms. Roberts stated that the proposed is within the character of the neighborhood.

Ms. Eckstrom stated that she would want to make sure enough space was kept between the garage and the house to allow a vehicle to get in between for emergency access.

Mr. Faiman noted that Section 17.3 might apply with concern to the topography of the lot.

A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Carnduff to re-open the public hearing.

Voting: 5 ayes; Motion carried unanimously.

In response to a suggestion from Mr. Carnduff that the proposed location of the garage be moved back 5 feet, Mr. Cadrain and Ms. Conlon explained that moving the proposed location of the garage would increase the distance from the house to the garage and also it would block the view from the bay window of the house.

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

Voting: 5 ayes; motion carried unanimously.

Mr. Faiman noted that the argument might be classified as a preference rather than a need.

In response to a question from Ms. Roberts, Mr. Faiman stated that it might be undesirable to place the garage further back but not necessarily unreasonable.

In response to a question from Ms. Roberts, Mr. Carnduff stated that he would like to see the garage placed 5? further back so as to only impose on the set back 10? which would only impact the view from the bay window and not the porch.

Ms. Eckstrom expressed concern over impacting the view.

The Board discussed different options for moving or changing the proposed garage.

Ms. Eckstrom stated that she is averse to making a decision without a site walk.

Mr. Hoar suggested that given the location of the abutters, with relation to their setbacks, the proposed is acceptable.

A MOTION was made by Ms. Eckstrom and SECONDED by Ms. Roberts to approve the

Special Exception, as submitted, under Section 17.3 contingent upon the garage being less than 20? from the front lot line and the side corner of the garage be no less than 12? from the house.

Voting: Eckstrom, Roberts, Hoar, and Faiman in favor, Carnduff opposed. Motion carried.

The Board declined to make a decision with regards to the requested Variance.

Case #5/13/14–2 — Dorothy M. Cleaves

Mr. Faiman explained that the Dorothy M. Cleaves Trust (Ann Lorden, Trustee) has applied for variances to Sections 5.2.1, 6.2.1, and 6.2.3 of the Wilton Zoning Ordinance to allow a lot line adjustment between Lots J-134 and J-139, 49 Burns Hill Road, so that two houses currently on a single lot would be on separate lots. He further noted that the lots currently have less area and/or frontage than required by the Ordinance, and would continue to have less area and/or frontage than required after the lot line adjustment.

Mr. Faiman noted that the application states that the address is 9 Burns Hill Road however the application is actually for 49 Burns Hill Road. The Board confirmed that the correct abutters were notified and Mr. Faiman suggested that it could be grounds for a re-hearing.

Ms. Tuomala explained that Lot J-134 has two houses on it currently and Lot J-139 does not have a house on it currently.

The Board noted that the map shows a piece of Lot J-135 extending between Lots J-134 /139 and School Road.

Ms. Tuomala stated that the brown house in the back fronts onto School Road, was built in 1904, and will have 0.513 acres and the front yellow house will have 0.422 acres. She noted that the lots are in the residential district and that she created the lot line 15? from the building.

Mr. Hoar stated that he has an issue with the way the tax map is drawn because it looks as if there is a portion of Lot J-135 between Lot J-139 and School Road. The Board and Ms. Tuomala discussed access and frontage and the creation of School Road. The Board suggested that Ms. Tuomala should change her variance application to show that Lot J-139 will have no frontage on School Road.

A MOTION was made by Mr. Carnduff and SECONDED by Ms. Eckstrom to re-close the public hearing.

Voting: 5 ayes; motion carried unanimously.

The Board stated that the proposed would improve the situation and not approving the variance would not protect anyone from anything.

A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Carnduff to re-open the hearing.

Voting: 5 ayes; motion carried unanimously.

In response to a question from the Board, Ms. Conlon agreed to the proposed restriction that Lot J-139 not take its access from School Road.

A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Carnduff to grant the variance with the restriction that Lot J-139 only take access over Lot J-134 via the existing driveway and not from School Road.

Voting: 5 ayes; motion carried unanimously.

Adjournment

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

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting to be adjourned.

Respectfully Submitted,
Heather Loewy Nichols
Clerk
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