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Case 9/14/10–1
Tuesday, September 14, 2010 — Notice
Donald H. Sienkiewicz has appealed the denial by the Wilton Planning Board and the Wilton Board of Selectmen of a permit for a sign on Lot H–66, 110 Isaac Frye Highway, which would be located on the front lot line in the Isaac Frye Highway right-of-way. The appeal invokes the interpretation of sections 3.1.16, 3.1.18, 6.2.4, and 16.1(d) of the Wilton Zoning Ordinance.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, September 14, 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 (PDF).
Tuesday, September 14, 2010 — Decision
With regard to Donald H. Sienkiewicz’s appeal of the denial by the Wilton Planning Board and the Wilton Board of Selectmen of a permit for a sign on Lot H–66, 110 Isaac Frye Highway, which would be located on the front lot line in the Isaac Frye Highway right-of-way: The Zoning Board finds no support in the Zoning Ordinance for the denial of the sign permit. However,the Zoning Board has no jurisdiction and takes no position on the Planning Board’s and Selectmen’s application of state law as grounds for the denial of the application.
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, October 14, 2010, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, November 9, 2010 — Request for Rehearing
Donald H. Sienkiewicz has requested that the Wilton ZBA hold a new hearing to reconsider its denial of his appeal of the denial by the Wilton Planning Board and the Wilton Board of Selectmen of a permit for a sign on Lot H–66, 110 Isaac Frye Highway, which would be located on the front lot line in the Isaac Frye Highway right-of-way. The appeal invokes the interpretation of sections 3.1.16, 3.1.18, 6.2.4, and 16.1(d) of the Wilton Zoning Ordinance.
The Town of Wilton Zoning Board of Adjustment will meet in the Wilton Town Hall Courtroom on Tuesday, November 9, 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.
Tuesday, November 9, 2010 — Decision
The Wilton Zoning Board has declined to reconsider its September 14, 2010 decision on Donald H. Sienkiewicz’s appeal of the denial by the Wilton Planning Board and the Wilton Board of Selectmen of a permit for a sign on Lot H–66, 110 Isaac Frye Highway, which would be located on the front lot line in the Isaac Frye Highway right-of-way. The September 14 ZBA decision found no support in the Zoning Ordinance for the denial of the sign permit; it did not address thePlanning Board’s interpretation of state law in denying the sign permit, which falls outside the Zoning Board’s jurisdiction.
This decision may be appealed to the superior court on or before Thursday, December 9, 2010. (N.H. RSA 677:2)