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Case 6/14/11–1
Tuesday, June 14, 2011 — Notice
Jared Brown has applied for a variance to section 5.2.3 of the WIlton Zoning Ordinance, to permit an addition to an existing shed on Lot K-110, 10 Putnam Street, which would be closer to a lot line than is permitted by the 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, June 14, 2011 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, June 14, 2011 — Decision
The application by Jared Brown for a variance to section 5.2.3 of the Wilton Zoning Ordinance has been denied.
The variance, if granted, would have retroactively permitted a 9' x 14' shed (“the new shed”) that was built sometime after 2002 on Lot K–110, 10 Putnam Street, along the lot line with Lot K–111, 6 Putnam Street. (The new shed is immediately behind a 9' x 18' shed (“the old shed”) that was built along the same lot line pursuant to a variance that was granted on December 14, 1994.)
The reasons for the denial of the variance are:
- The setback requirements of section 5.2.3 serve, among other things, to limit the visual and physical impact on a lot of structures on adjoining lots.
- The new shed and the old shed, taken together, constitute a 32' long building, directly along the lot line. The visual impact on Lot K–111 is significant.
- Permitting this impact would be contrary to the spirit of the ordinance.
- The Board is not persuaded that there would be no resulting effect on the value of the neighboring lot.
- There is a direct and substantial relationship between the general public purpose described above and the restriction imposed on the property, and the hardship criterion is therefore not satisfied.
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 14, 2011, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, August 9, 2011 — Request for Rehearing
Jared Brown has requested that the Zoning Board hold a new hearing to reconsider its denial of his application for a variance to section 5.2.3 of the WIlton Zoning Ordinance. If the variance had been granted, it would have permitted an addition to an existing shed on Lot K-110, 10 Putnam Street, which would be closer to a lot line than is permitted by the ordinance.
The Town of Wilton Zoning Board of Adjustment will meet in the Wilton Town Hall Courtroom on Tuesday, August 9, 2011 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 rehearing request as a PDF file.
Tuesday, August 9, 2011 — Decision
The Zoning Board’s decision not to grant the variance requested by Jared Brown in ZBA Case 6/14/11–1 was based on considerations unrelated to the oral and written testimony submitted by abutter Dianne Wright. Mr. Brown’s proposal to submit evidence impeaching Ms. Wright’s testimony is therefore irrelevant to the decision.
There is nothing else new in Mr. Brown’s request for rehearing which might cause the Zoning Board to come to a different conclusion.
The Zoning Board therefore declines to reconsider its denial of the variance.
This decision may be appealed to the superior court on or before Thursday, September 8, 2011. (N.H. RSA 677:2)