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 4/10/07–1
Tuesday, April 10, 2007 — Notice
Roger and Sabrina Hatfield have appealed a Notice of Zoning Violation and Cease and Desist Order issued by the WIlton Board of Selectmen that asserts that they are conducting a commercial enterprise on Lot C–4–1, 1 Victoria Lane, in the General Residential and Agricultural District. The Hatfields appeal on the ground that their hobby dog-breeding activity is permitted under section 7.3.1.1 of the WIlton Zoning Ordinance. Alternatively, the Hatfields have requested a special exception under section 5.3.1 of the Ordinance to permit their dog-breeding activity as a home occupation.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in in the Wilton Town Hall Courtroom on Tuesday, April 10, 2007 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.
Tuesday, April 10, 2007 — Decision
The Wilton Zoning Board has found that the dog breeding activity conducted by Roger and Sabrina Hatfield on Lot C–4–1, 1 Victoria Lane, is not a commercial activity in the sense of the Wilton Zoning Ordinance, and therefore that the Cease and Desist Order issued to the Hatfields by the Wilton Board of Selectmen was erroneous and should not have been issued.
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, May 10, 2007, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, May 8, 2007 — Request for Rehearing
The Board of Selectmen has requested that the Zoning Board hold a rehearing of its decision that the dog breeding activity conducted by Roger and Sabrina Hatfield on Lot C–4–1, 1 Victoria Lane, is not a commercial activity in the sense of the Wilton Zoning Ordinance, and that the Cease and Desist Order issued to the Hatfields by the Wilton Board of Selectmen was erroneous and should not have been issued.
The Town of Wilton Zoning Board of Adjustment will meet in in the Wilton Town Hall Courtroom on Tuesday, May 8, 2007 at 7:30 p.m. to decide whether to hold the requested rehearing.
The meeting will be open to the public, but the decision 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.
The request for the rehearing, and any other documents associated with the case, are available for inspection in the Wilton Town Offices.
Tuesday, May 8, 2007 — Decision
The Wilton Zoning Board has denied the request by the Wilton Board of Selectmen, that the Zoning Board hold a rehearing of its decision that the dog breeding activity conducted by Roger and Sabrina Hatfield on Lot C–4–1, 1 Victoria Lane, is not a commercial activity in the sense of the Wilton Zoning Ordinance, and that the Cease and Desist Order issued to the Hatfields by the Wilton Board of Selectmen was erroneous and should not have been issued.
The original order by the Selectmen was based on the assertion that the Hatfield’s dog breeding activity was a commercial activity that is not permitted in the General Residence and Agricultural District. The Zoning Board’s decision found that it is not a commercial activity, and that the Selectmen’s order therefore ought not to have been issued. The request for a rehearing was denied because it does not address this issue at all, but instead argues that the Hatfield’s dog breeding activity is not a legitimate accessory use of their property, which is an issue that was never raised in the original Cease and Desist Order or in the Zoning Board hearing.
This decision may be appealed to the superior court on or before Thursday, June 7, 2007. (N.H. RSA 677:2)
Tuesday, May 15, 2007 — Request for Rehearing
Heidi Blackmer Robichaud has requested that the Zoning Board hold a rehearing of its decision that the dog breeding activity conducted by Roger and Sabrina Hatfield on Lot C–4–1, 1 Victoria Lane, is not a commercial activity in the sense of the Wilton Zoning Ordinance, and that the Cease and Desist Order issued to the Hatfields by the Wilton Board of Selectmen was erroneous and should not have been issued.
The request for the rehearing, and any other documents associated with the case, are available for inspection in the Wilton Town Offices.
The request for a rehearing (1.5MB PDF file).
Tuesday, May 15, 2007 — Decision
The Town of Wilton Zoning Board of Adjustment voted on Tuesday, May 15, 2007 at 7:30 p.m. to grant the request for rehearing. However, based on legal advice that Ms. Robichaud did not have standing to request a rehearing of the decision, the rehearing has been cancelled and the original decision will stand.