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Case 11/8/00–2
Original Decision
(This decision was amended at a rehearing on Monday, January 29, 2001 — see below.)You are hereby notified that the application of William and Kelly Hoff for a special exception under the terms of section 6.6.1 of the Wilton Zoning Ordinance has been granted.
The special exception will permit a machine shop as a home occupation in a garage on Lot H-93, 1001 Mason Road
The special exception is granted subject to the following restrictions:
- No outside employees are permitted, and only one person will engage in the actual operation of the machine shop.
- Deliveries and pickups are to be limited to five visits total per week.
- Hours of operation are restricted to 7 a.m. to 7 p.m. Monday through Friday, and 9 a.m. through 6 p.m. on Saturday.
- Noise levels from the machine shop operation are not to exceed 40 dBA at any point on any abutting property: this restriction is to be enforced only at the request of the owner of the abutting property on which the excessive noise levels occur.
- The machine shop is limited to 50% of the floor area of the garage.
- Any signage related to the business may only be placed on the garage.
This special exception shall expire on December 13, 2002, if the use permitted by it has not begun by that date. (Wilton Zoning Ordinance section 17.4).
Minutes of the November hearing.
Minutes of the December hearing.
Ellen O’Shea and Joanne Dufour have requested that the Zoning Board reconsider its decision of Wednesday, December 13 granting a special exception to William and Kelly Hoff to permit a machine shop as a home occupation in a garage on Lot H–93, 1001 Mason Road.
With regard to the first point of the request, that a machine shop is not a home occupation: the Zoning Board considered this question at the original hearing, concluded that the proposed machine shop adequately met the standards for a home occupation in the General Residence and Agricultural District, and declines to reconsider that conclusion.
With regard to the remaining four points of the request, all pertaining to the restrictions imposed with regard to noise from the proposed machine shop, the Zoning Board has decided to hold a new hearing to consider whether those restrictions, and also the restrictions pertaining to frequency of pickups and deliveries, should be amended. The Zoning Board will hold a rehearing on that portion of its decision on Monday, January 29, 2001, and will hear any new arguments or evidence pertaining to those restrictions.
Minutes of the meeting on the request for reconsideration.
You are hereby notified that the Town of Wilton Zoning Board of adjustment has amended its approval of the application of William and Kelly Hoff for a special exception under the terms of section 6.6.1 of the Wilton Zoning Ordinance. The amendment revises the restrictions pertaining to pickups and deliveries and to noise levels.
The special exception will permit a machine shop as a home occupation in a garage on Lot H-93, 1001 Mason Road.
The special exception is granted subject to the following restrictions:
- No outside employees are permitted, and only one person will engage in the actual operation of the machine shop.
- Third-party pickups and deliveries pertaining to the operation of the business are to be limited to five visits total per week. (The original restriction was: “Deliveries and pickups are to be limited to five visits total per week.”)
- Hours of operation are restricted to 7 a.m. to 7 p.m. Monday through Friday, and 9 a.m. through 6 p.m. on Saturday.
- There will be no perceptible noise from the operation of the machinery in the machine shop on any property other than Lot H–93. (The original restriction was: “Noise levels from the machine shop operation are not to exceed 40 dBA at any point on any abutting property: this restriction is to be enforced only at the request of the owner of the abutting property on which the excessive noise levels occur.”)
- The machine shop is limited to 50% of the floor area of the garage.
- Any signage related to the business may only be placed on the garage.
The Hoffs may apply for a rehearing of the decision to amend the original decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Wednesday, February 28, 2001, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Because the rehearing confirmed the original decision of the Zoning Board to grant the requested special exception, Ellen O’Shea and Joanne Dufour, who requested this rehearing, may appeal the decision to grant the special exception to the Superior Court no later than Wednesday, February 28. (N.H. RHS 677:4)
This special exception shall expire on December 13, 2002, if the use permitted by it has not begun by that date. (Wilton Zoning Ordinance section 17.4).