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Case 4/8/08–1
Tuesday, April 8, 2008 — Notice
Kenneth Cadrain has applied for a variance to section 5.2.2 of the Wilton Zoning Ordinance, to permit the conversion of the existing barn on Lot L–5, Seagroves Street, for use as a single-family dwelling, where the lot does not have any frontage on a public right-of-way, Class V or better.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, April 8, 2008 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 8, 2008 — Decision
The Wilton Zoning Board has found that the application by Kenneth Cadrain for a variance to section 5.2.2 of the Wilton Zoning Ordinance is unnecessary. The variance was requested to permit the conversion of the existing barn on Lot L–5, Seagroves Street, for use as a single-family dwelling, where the lot does not have any frontage on a public right-of-way, Class V or better.
Interpreting section 5.2 of the Zoning Ordinance, the Zoning Board observed that the frontage requirement of section 5.2.2, unlike the area requirement of section 5.2.1, is applicable to all lots in the Residential District, regardless of whether they are used for a dwelling. Therefore, the frontage requirement was necessarily waived by the 1979 variance that permitted the subdivision that created the present Lot L–5 with no frontage, and that waiver is unaffected by the proposed conversion of the barn for use as a dwelling, so no new variance from the frontage requirement is needed.
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 8, 2008, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)