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Case 8/9/00–1
You are hereby notified that the application of John and Sharon Fuller for an equitable waiver from the terms of section 6.2.4 of the Wilton Zoning Ordinance has been granted, for the reasons given below.
The waiver will legalize an existing house on Lot B-42-2, Curtis Farm Road, which was allegedly constructed closer to a lot line than permitted by the zoning ordinance.
The selectmen, any party to the action or proceedings, or any person 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 Tuesday, August 29, 2000, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
You are hereby notified that the Town of Wilton Zoning Board of Adjustment has denied the request by Robert Dolinak and Kathleen McDonnell-Dolinak that the Zoning Board reconsider its grant of an equitable waiver to John and Sharon Fuller.
The waiver will legalize an existing house on Lot B-42-2, Curtis Farm Road, which was allegedly constructed closer to a lot line than permitted by the zoning ordinance.
With regard to points 1-3 of the request, the Zoning Board found in its decision, and Town Council concurs, that the violation was "noticed or discovered by any ... municipal official" (RSA 674:33-a,I(a)) not when complaints and allegations were made to the Selectmen and Building Inspector in April, but only when the Selectmen were presented in late July with a certified survey demonstrating the true lot lines. The municipal officials could act only in response to objective evidence of a violation.
With regard to points 4 and 6 of the request, the Zoning Board made its decision at the August 9 meeting on the basis of testimony from the applicants and abutters and documentation submitted by the applicants. That testimony and documentation formed the basis for the findings of fact enumerated in the Zoning Board's "Reasons for the Decision." Neither in the hearing nor in this request for reconsideration has there been any allegation of any specific fact inconsistent with those findings. The applicants suggest that the Zoning Board should review the minutes of Selectmen's meetings and "review ALL the evidence," but do not suggest what facts would be uncovered by such a review that might compel a change in the Board's decision.
With regard to point 5 of the request, the Zoning Board considers the opinions of abutters, but must decide a case on the basis of the facts and the law, not on the basis of personal objections.
This decision may be appealed to the Superior Court no later than Monday, September 25, 2000 (N.H. RSA 677:2-4)