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Case 3/9/10–2
Tuesday, March 9, 2010 — Notice
DJF Properties, LLC, has appealed the issuance of a Cease and Desist Order by the Wilton Building Inspector which finds that the existing dwelling on Lot J–23, 14 Whiting Hill Road, is limited to two dwelling units, requires the applicant to cease work on the building without a building permit, and indicates that no building permit will be issued for work on more than two apartments in the building. The applicant asserts that the building has been used and can continue to be used for five dwelling units, and further asserts that the decision of the Building Inspector is inconsistent with section 19.3 of the Wilton Zoning Ordinance.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Selectmen’s Office in the Wilton Town Hall on Tuesday, March 9, 2010 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, March 9, 2010 — Continuation
The hearing on the appeal by DJF Properties, LLC, of a Cease and Desist Order by the Wilton Building Inspector has been continued to Tuesday, April 13, 2010. The appealed order finds that the existing dwelling on Lot J–23, 14 Whiting Hill Road, is limited to two dwelling units, requires the applicant to cease work on the building without a building permit, and indicates that no building permit will be issued for work on more than two apartments in the building. The applicant asserts that the building has been used and can continue to be used for five dwelling units, and further asserts that the decision of the Building Inspector is inconsistent with section 19.3 of the Wilton Zoning Ordinance.
Tuesday, April 13, 2010 — Continuation
The hearing on the appeal by DJF Properties, LLC, of a Cease and Desist Order by the Wilton Building Inspector has been continued to the Tuesday, May 11 meeting of the Zoning Board at the request of the applicant. The order being appealed finds that the existing dwelling on Lot J–23, 14 Whiting Hill Road, is limited to two dwelling units, requires the applicant to cease work on the building without a building permit, and indicates that no building permit will be issued for work on more than two apartments in the building. The applicant asserts that the building has been used and can continue to be used for five dwelling units, and further asserts that the decision of the Building Inspector is inconsistent with section 19.3 of the Wilton Zoning Ordinance.
Tuesday, May 11, 2010 — Decision
The appeal by DJF properties, LlC, of a decision by the Wilton Building Inspector is denied.
With regard to the applicant’s claim that the issuance of the Cease and Desist order should be barred by Municipal Estoppel, the Board finds that that consideration of a claim of Municipal Estoppel falls outside its jurisdiction as defined by RSA 674:33,I(a) and 676:5.
With regard to the applicant's claim that section 19.3 of the Wilton Zoning Ordinance does not require a building permit for the renovation work, the Board finds that RSA 676:11 and 676:13 directly contradict section 19.3 of the Ordinance, and that according to Chapter 23 of the Ordinance and RSA 676:14, the stricter standard shall apply.
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, June 10, 2010, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)