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Decision notices posted at this web site have not been checked for consistency with the printed decision notices that are available in the Wilton Town Offices. If you need the definitive text of a decision, please obtain the printed notice from the town offices.

Case 12/16/03–1

You are hereby informed that the Town of Wilton Zoning Board of Adjustment has denied the appeal of the Blagbrough Family Realty Trust and affirmed the decision of the Wilton Board of Selectmen to authorize the issuance of a building permit for Lot A–30, Stiles Farm Road / Frye Mill Road, which does not have frontage on a Class V road.

The Zoning Board agreed with the appellant that the Selectmen’s authority under RSA 674:41 to authorize issuance of a building permit on a Class VI road does not negate the requirement that the issuance of the building permit be consistent with the Wilton Zoning Ordinance, but the Board found the issuance of building permit for Lot A–30 is permitted by Section 17.2 of the Zoning Ordinance, which provides that “… a lot of record at the time of the effective date of this Ordinance [which] has less area and/or frontage than herein required in the District in which it is located … may be used for a single family dwelling if permitted in that district subject to New Hampshire Water Supply and Pollution Control Division approval and subject to all district regulations applicable to lots within the district wherein the lot is located with the exception of lot size and/or frontage.”

The Board found that all of the issues raised in the appeal, other than the question of whether the issuance of a building permit for Lot A–30 was permitted by the Wilton Zoning Ordinance, did not involve “construction, interpretation or application of the terms of the ordinance,” and that the Board therefore had no jurisdiction or authority to consider them. (RSA 676:5)

Minutes of the hearing.

On January 12, 2004, Corinne Blagbrough requested that the Zoning Board reconsider its decision. On February 10, 2004, the Zoning Board denied the request for a rehearing and reaffirmed its December 13 denial of the appeal.

This decision may be appealed to Superior Court no later than Thursday, March 11, 2004.

Text of the decision
Minutes of the meeting.

On February 28, 2007, the New Hampshire Supreme Court issued a decision upholding the ZBA decision.