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Case 10/12/10–1
Tuesday, October 12, 2010 — Notice
The Sylvia W. Horsley Trust has applied for an equitable waiver under RSA 674:33-a, to allow the continued use of the dwelling at Lot J–13, 21 Dale Street, as a duplex, where the lot does not meet the acreage requirements of section 5.2.1 of the WIlton Zoning Ordinance for two dwelling units.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, October 12, 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.
Tuesday, October 12, 2010 — Decision
The application by the Sylvia W. Horsley Trust for an equitable waiver under RSA 674:33-a has been granted. The equitable waiver will allow the continued use of the apartment in the dwelling at Lot J–13, 21 Dale Street, where the lot does not meet the acreage requirements of section 5.2.1 of the WIlton Zoning Ordinance for two dwelling units. This decision does not exempt the apartment from the building code requirements with regard to emergency egress. There must be sufficient off-street parking on the property for both dwelling units, and a drawing showing the availability of four parking spaces on the property must be submitted to the Zoning Board within three weeks for inclusion in the case file.
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, November 11, 2010, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, November 9, 2010 — Decision
The Wilton Zoning Board has reviewed the parking plan submitted by Attorney Wil Sullivan on behalf of applicant Sylvia W. Horsley to satisfy the condition that “There must be sufficient off-street parking on the property for both dwelling units, and a drawing showing the availability of four parking spaces on the property must be submitted to the Zoning Board within three weeks for inclusion in the case file,” imposed by the Board in its decision of October 12, 2010, granting an equitable waiver to Dr. Horsley in case 10/12/10–1.
In the opinion of the Board, an essential property of a parking space is accessibility, so a space which communicates with the street only through other parking spaces, which might have cars in them, cannot be counted as a parking space. Therefore, the Board has determined that the plan submitted does not satisfy the condition.
The Board has extended to Tuesday, November 30, 2010, the deadline for the submission of a plan showing four 9' x 18' parking spaces, each accessible from Dale Street without obstruction by vehicles which might be parked in the other spaces. If no such plan is submitted, the equitable waiver will become void.
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, December 9, 2010, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)