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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 7/12/11–1

Tuesday, July 12, 2011 — Notice

Denis R. Viens has appealed a decision of the Wilton Building Inspector that the nonconforming two-family use of the dwelling on Lot L–7, 5 Gregoire Circle, has been abandoned. Alternatively, Mr. Viens has applied for an equitable waiver under RSA 674:33–a to permit the two-family use.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, July 12, 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.

Tuesday, July 12, 2011 — Decision

In response to an appeal by Denis R. Viens, the Wilton Zoning Board has reversed a decision of the Wilton Building Inspector. The Building Inspector had ruled that the dwelling on Lot L–7, 5 Gregoire Circle, was no longer grandfathered as a two-family dwelling because the two-family use had been discontinued for more than one year.

The Zoning Board determined that the characteristic of being a two-family dwelling is a property of the building rather than of the use of the building; that the dwelling has not been physically modified in a way that would cause it to no longer be a two-family dwelling; and that it therefore retains its status as a grandfathered non-conforming two-family dwelling.

The applicant’s request for an equitable waiver has been tabled until the September 13 meeting of the Zoning Board, and will not be considered if this decision becomes final with no appeal.

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, August 11, 2011, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Minutes of the hearing.