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Case 10/14/14–2
Thursday, October 16, 2014 — Notice
Judy and Leonard Peterson (owners) and Pamela and Peter Clemens (applicants) have applied for a special exception under section 6.6.1 of the Wilton Zoning Ordinance, to permit the use of a portion of the main dwelling and the barn structure on Lot C–79, 602 Isaac Frye Highway, to entertain and host private functions as a home occupation.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Thursday, October 16, 2014 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.
Thursday, October 16, 2014 — Decision
The application by Judy and Leonard Peterson (owners) and Pamela and Peter Clemens (applicants) for a special exception under section 6.6.1 of the Wilton Zoning Ordinance has been denied. The special exception would have permitted the use of a portion of the main dwelling and the barn structure on Lot C–79, 602 Isaac Frye Highway, to entertain and host private functions as a home occupation.
The Zoning Board found that:
- The magnitude of the proposed use, for regular gatherings of up to 120 guests, would be inconsistent with paragraph 5.3.1(a) of the Zoning Ordinance, which requires that a home occupation be incidental and secondary to the use of the dwelling unit as a residence.
- Serving gatherings of the proposed size would not be possible with only the two non-family employees permitted by paragraph 5.3.1(c).
- A parking area sufficient to serve gatherings of this size would be inconsistent with paragraph 5.3.1(f), which allows no more than two new parking spaces for a home occupation.
- The traffic associated with the gatherings would be substantially greater in volume than would normality be expected in the neighborhood, in violation of paragraph 5.3.1(g).
- The proposed use would not be consistent with and would substantially alter the character of the Neighborhood, in violation of paragraph 4.4(b).
In addition to these specific issues, the Zoning Board found that the proposal was not sufficiently specific and detailed to enable the Board to make an informed determination that it satisfied the requirements of the Zoning Ordinance.
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 Saturday, November 15, 2014, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Tuesday, November 18, 2014 — Request for Rehearing
Pamela and Peter Clemens have requested that the Town of Wilton Zoning Board of Adjustment hold a new hearing to reconsider its October 16, 2014 denial of their request for a special exception under section 6.6.1 of the Wilton Zoning Ordinance, to permit the use of a portion of the main dwelling and the barn structure on Lot C–79, 602 Isaac Frye Highway, to entertain and host private functions as a home occupation.
The Zoning Board will meet in the Wilton Town Hall Courtroom at 7:30 p.m. on Tuesday, November 18, 2014 to decide whether to grant the requested rehearing. The meeting will be open to the public, but the decision on this request 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 a rehearing is available for inspection in the Wilton Town Offices, and also on the Zoning Board web site at http://wiltonzba.org/cases/2014101402/rehearing_request.pdf.
If the Zoning Board decides to grant the requested rehearing, then it will hold the rehearing in the Wilton Town Hall Courtroom on the same evening, Tuesday, November 18, 2014. Like the original hearing, a rehearing, if held, will be open to participation by any interested parties.
Tuesday, November 18, 2014 — Decision
The Town of Wilton Zoning Board of Adjustment has denied a request by Pamela and Peter Clemens that it hold a new hearing to reconsider its October 16, 2014 denial of their request for a special exception under section 6.6.1 of the Wilton Zoning Ordinance, to permit the use of a portion of the main dwelling and the barn structure on Lot C–79, 602 Isaac Frye Highway, to entertain and host private functions as a home occupation.