Case 10/9/1991–1
Summary
- Lot
- H-125
- Address
- Captain Clark Road
- Owner
- Gary A. Crosby
- Relief Requested
- Variance to section 5.3.1 of the Wilton Zoning Ordinance
- Purpose
- To permit a classic car restoration business as a home occupation in an existing garage at .
- Status
- Final
Documents
Wednesday, October 9, 1991 — Hearing
Notice
Gary A. Crosby has requested a variance to section 5.3.1 of the Wilton Zoning Ordinance to permit a classic car restoration business as a home occupation in an existing garage at Lot H-125, Captain Clark Road.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Wednesday, October 9, 1991 at 7:30 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.
Decision
You are hereby notified that the application of Gary A. Crosby for a special exception under the terms of Section 5.3.1 of the Wilton Zoning Ordinance has been denied.
If granted, the special exception would have permitted the operation of a classic car restoration business as a home occupation in an existing garage at Lot H-125, Captain Clark Road.
The application has been denied for the following reasons:
- Insufficient evidence was presented to indicate that the business would meet performance standards, and evidence was presented to indicate that it may not meet performance standards as it is presently conducted, with regard to noise, odors, and the disposal of wastes, as specified in sections 4.5.2, 4.5.3, and 4.5.5, respectively, of the Zoning Ordinance.
- The business has involved, and would likely continue to involve, the storage of cars on the property, in violation of the prohibition on outside storage of materials in Section 5.3.1(f) of the Zoning Ordinance.
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 Friday, November 8, 1991, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Minutes
Wednesday, October 30, 1991 — Request for Rehearing
Notice
Gary A. Crosby has requested a variance to section 5.3.1 of the Wilton Zoning Ordinance to permit a classic car restoration business as a home occupation in an existing garage at Lot H-125, Captain Clark Road.
The Zoning Board will meet on Wednesday, October 30, 1991 at 7:30 p.m. in the Wilton Town Hall Courtroom, 42 Main Street to consider a request by Gary A. Crosby that it hold a new hearing to reconsider its October 9 decision to deny the request.
The decision on whether to grant a rehearing is made on the basis of the written request and the case record. No additional testimony, evidence, or other input will be taken.
Minutes
Wednesday, November 13, 1991 — Rehearing
Notice
Because of an error in the notification of abutters, the Board will reconsider its denial of the application of Gary A. Crosby for a special exception under the terms of Section 5.3.1 of the Wilton Zoning Ordinance to permit a classic car restoration business as a home occupation in an existing garage at Lot H-125, Captain Clark Road. All evidence and testimony presented at the original hearing on October 10, 1991, will be part of the record for the rehearing, and need not be resubmitted. Additional evidence which could not be presented at the original hearing may be presented at the rehearing. Any person desiring to examine the minutes of and evidence presented at the original hearing should call the Wilton Town Offices
Decision
You are hereby notified that the application of Gary A. Crosby for a special exception under the terms of Section 5.3.1 of the Wllton Zoning Ordinance has been denied.
If granted, the special exception would have permitted the operation of a classic car restoration business as a home occupation in an existing garage at Lot H-125, Captain Clark Road.
The application has been denied for the following reasons:
- Auto repair work does not fall within the definition of a home occupation.
- The potential for violation of the performance standards with respect to fumes, noise, and outside storage of materials is inherent in the nature of an auto repair and restoration occupation.
This confirmation upon rehearing of the original decision of October 9, 1991 is not subject to further rehearing by the ZBA. It may be appealed to the superior court on or before Monday, December 16,1991, as provided in N.H. RSA 677.