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 5/11/10–1
Tuesday, May 11, 2010 — Notice
Sylvia W. Horsley has appealed a decision of the Wilton Building Inspector that an apartment in the dwelling at Lot J–13, 21 Dale Street, is not a legal nonconforming use due to discontinuance.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, May 11, 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.
- The application as a PDF file.
- The building inspector’s decision as a PDF file.
Tuesday, May 11, 2010 — Continuation
The hearing on the appeal by Sylvia W. Horsley of a decision of the Wilton Building Inspector has been continued to the June 8, 2010 meeting of the Zoning Board.
Tuesday, June 8, 2010 — Decision
The Zoning Board has granted the appeal by Sylvia Horsley, determining that the apartment in the dwelling at Lot J–13, 21 Dale Street, was a legal nonconforming second dwelling unit when Ms. Horsley acquired the property, and has not been abandoned, and therefore is still a legal nonconforming second dwelling unit. The Board found that the apartment may not be occupied unless the property satisfies the standard town requirement for two off-street parking spaces per dwelling unit, and meets building code requirements with regard to egress.
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, July 8, 2010, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Thursday, July 8, 2010 — Request for Rehearing
The Wilton Building Inspector has requested that the Zoning Board hold a new hearing to reconsider its decision that the apartment in the dwelling at Lot J–13, 21 Dale Street, was a legal nonconforming second dwelling unit when the current owner acquired the property, and has not been abandoned, and therefore is still a legal nonconforming second dwelling unit.
The Town of Wilton Zoning Board of Adjustment will meet in the Wilton Town Hall Courtroom on Thursday, July 8, 2010 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.
- The request for a rehearing, with supporting documentation, as a PDF file.
Thursday, July 8, 2010 — Rehearing
In response to a request from the Wilton Building Inspector, the Wilton Zoning Board will hold a new hearing to reconsider its decision of June 8, 2010, in which it granted the appeal of Sylvia W. Horsley and found that the apartment in her property at Lot J–13, 21 Dale Street, was a legal nonconforming second dwelling unit when Ms. Horsley acquired the property, and has not been abandoned, and therefore is still a legal nonconforming second dwelling unit. The purpose of the rehearing is specifically to consider whether the apartment was a legal nonconforming second dwelling unit when Ms. Horsley acquired the property.
The rehearing will be held in the Wilton Town Hall courtroom on Tuesday, August 10, 2010, at 7:30 p.m.
Tuesday, August 10, 2010 — Decision
The Zoning Board has vacated its decision of June 8, 2010, to grant an appeal by Sylvia W. Horsley. The original decision ruled that the apartment in the dwelling at Lot J–13, 21 Dale Street, was a legal nonconforming second dwelling unit when Ms. Horsley acquired the property, and has not been abandoned, and therefore is still a legal nonconforming second dwelling unit. On reconsideration of the available evidence, the Zoning Board has concluded that the dwelling has never been a legal two-family dwelling.
To the extent that this decision upholds the previous decision, it may be appealed to the superior court. To the extent that it reverses or modifies the previous decision, it is subject to a request for rehearing. All appeals and requests for rehearing must be filed on or before Thursday, September 9, 2010. (N.H. RSA 677:2 and 677:4)