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Case 3/11/14–1
Tuesday, March 11, 2014 — Notice
NTV, LLC has appealed a a decision of the Wilton Building Inspector prohibiting the reconstruction of a building on Lot D–155, Forest Road, on the grounds that it does not meet the lot area, width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance. The applicant asserts that the building is a fishing camp and therefore, according to Article II of the Wilton Building Code, does not require a building permit.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Selectmen’s Office in the Wilton Town Hall on Tuesday, March 11, 2014 at 7:30 p.m.
The application for this case, and any other documents submitted with it, are available for inspection in the Wilton Town Offices.
The application as a PDF file.
The Building Inspector’s letter as a PDF file.
Tuesday, March 11, 2014 — Continuation
The hearing on the appeal by NTV, LLC has been continued until Tuesday, May 13, 2014. This is an appeal of a letter from the Wilton Building Inspector prohibiting the reconstruction of a building on Lot D–155, Forest Road, on the grounds that it does not meet the lot area, width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance. The applicant asserts that the building is a fishing camp and therefore, according to Article II of the Wilton Building Code, does not require a building permit.
Sunday, April 27, 2014 — Continuation
At the request of the applicant, the hearing on the appeal by NTV, LLC has been continued until Tuesday, June 10, 2014. This is an appeal of a letter from the Wilton Building Inspector prohibiting the reconstruction of a building on Lot D–155, Forest Road, on the grounds that it does not meet the lot area, width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance. The applicant asserts that the building is a fishing camp and therefore, according to Article II of the Wilton Building Code, does not require a building permit.
Tuesday, May 12 — Continuation
At the request of the applicant, the hearing on the appeal by NTV, LLC has been continued until Tuesday, July 8, 2014. This is an appeal of a letter from the Wilton Building Inspector prohibiting the reconstruction of a building on Lot D–155, Forest Road, on the grounds that it does not meet the lot area, width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance. The applicant asserts that the building is a fishing camp and therefore, according to Article II of the Wilton Building Code, does not require a building permit.
Tuesday, July 8, 2014 — Decision
In response to an appeal by NTV, LLC, the Wilton Zoning Board has reversed a decision of the Wilton Building Inspector, by letter dated July 30, 2012, that existing structures on Lot D–155, Forest Road, could not be rebuilt or replaced, on the grounds that the lot and structures were nonconforming with regard to the lot area, lot width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance, and that the structures were not grandfathered under section 17.1 of the Ordinance.
The Zoning Board found that the structures, although severely dilapidated, had not been “destroyed” or “demolished”, and therefore that section 17.1(d) allows them to be rebuilt or replaced.
The selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Thursday, August 7, 2014, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, August 12, 2014 — Request for Rehearing
The Town of Wilton Board of Selectmen has requested that the Town of Wilton Zoning Board of Adjustment hold a new hearing to answer the question, raised in the original appeal and not addressed in the Zoning Board decision, of whether the reconstruction by NTV, LLC of a fishing camp on Lot D–155, Forest Road, requires a building permit.
The Zoning Board will hold a meeting at 7:00 p.m. on Tuesday, August 12 in the Wilton Town Hall courtroom, to decide whether to grant the requested rehearing. The meeting will be open to the public, but the decision on this request will be made on the basis of the written request and the history of the case; no evidence, testimony, or other input will be taken at the meeting.
Request for rehearing received Thursday, August 7, 2014 (PDF).
Monday, September 15, 2014 — Rehearing
On Tuesday, July 8, 2014, the Town of Wilton Wilton Zoning Board of Adjustment reversed a decision of the Wilton Building Inspector that existing structures owned by NTV, LLC, on Lot D–155, Forest Road, could not be rebuilt or replaced, on the grounds that the lot and structures were nonconforming with regard to the lot area, lot width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance, and that the structures were not grandfathered under section 17.1 of the Ordinance. The Zoning Board found that the structures, although severely dilapidated, had not been “destroyed” or “demolished”, and therefore that section 17.1(d) allows them to be rebuilt or replaced.
At the request of the Town of Wilton Board of Selectmen, the Wilton Zoning Board of Adjustment will hold a rehearing on Monday, September 15, 2014, with the limited purpose of augmenting this decision with an answer to the question, “Is NTV required to obtain a building permit for the rebuilding or replacement of the structures on Lot D–155, Forest Road?”
The application for this case, and any other documents submitted with it, are available for inspection in the Wilton Town Offices.
Monday, September 15, 2014 — Decision
On Tuesday, July 8, 2014, the Wilton Zoning Board ruled that the existing structures on Lot D–55, Forest Road, may be rebuilt or replaced in accordance with section 17.1(d) of the Wilton Zoning Ordinance.
The Zoning Board further finds that the rebuilding or replacement will require a Building Permit if and only if the area of the resulting structure exceeds 200 square feet. This decision does not in any way deprecate the previous decision.
The reasons for this decision are as follows:
- RSA 155–A:1, IV defines the New Hampshire building code to be the International Building Code 2009 (and others).
- RSA 155-A:2, I requires that all structures constructed in New Hampshire comply with the state building code.
- RSA 155–A:2, V allows towns to adopt additional regulations provided that they are not less stringent than the state building code.
- RSA 155–A:2, VIII states that RSA 155–A supersedes local code requirements that are less stringent than the state building code.
- RSA 155–A:4 and Section R105.11 of the International Building Code 2009 require a building code for any new construction or renovations.
- The second paragraph of Article II of the Wilton Building Code, which exempts “fishing camps” and certain other structures, is less stringent than state building code, and is therefore superseded per RSA 155:A–2, V and VIII.
- Section R105.2 of the International Building Code 2009 exempts “one-story detached accessory structures such as storage sheds, playhouses and similar uses” from requiring building permits, “provided that the floor area does not exceed 200 square feet.”
- The first paragraph of Article II of the Wilton Building Code requires building permits for accessory buildings over 100 square feet. This requirement,being more stringent than the state building code, is not superseded by RSA 155–A:2, but the proposed construction on lot D–55 is for the primary building on the lot, not an accessory building, and the 100 square foot restriction therefor does not apply to it.