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Case 06/12/18–2
Tuesday, June 12, 2018 — Notice
Gareth Dimery has applied for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance, to allow an accessory dwelling unit in a detached garage on Lot F–37–2, 142 Intervale Road, where the Ordinance requieres that the accessory dwelling unit and the primary dwelling unit be in the same dwelling and share a common interior wall.
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 12, 2018 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 12, 2018 — Site Visit
The Town of Wilton Zoning Board of Adjustment will meet on Tuesday, June 12, 2018 at 6:30 p.m. at 142 Intervale Road to hold a site visit.
The site visit is part of the public hearing on this case, and is open to the public. Its purpose is to assist the Board members and other interested parties to become familiar with the property involved in the application. Board members and other interested parties may, through the Board chairperson, ask questions about, and the applicant may point out, site details pertaining to the application, such as boundaries, contours, proposed buffers, driveways, etc. No other testimony will be taken, and no other discussion should occur.
Tuesday, June 12, 2018 — Decision
The application by Gareth Dimery for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance has been denied. If granted, the variance would have allowed an accessory dwelling unit in a detached garage on Lot F–37–2, 142 Intervale Road, where the Ordinance requieres that the accessory dwelling unit and the primary dwelling unit be in the same dwelling and share a common interior wall.
The Zoning Board found that the variance would not be consistent with the spirit of the Ordinance because the restriction to a single dwelling per lot has always been part of the ordinance, is consistent across all zoning districts, and has been explicitly included in the Accessory Dwelling Unit requirements.
The Zoning Board also found that literal enforcement of the ordinance would not result in unnecessary hardship, because the presence of a detached out-building that would be suitable for a second dwelling unit on a lot is not uncommon in the town, because the upstairs area of the detached garage has many other possible uses, and because the arguments for hardship presented by the applicant all related to personal circumstances rather than characteriatics of the property.
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, May 10, 2017, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Monday, July 30, 2018 — Request for Rehearing
Gareth Dimery has requested that the Town of Wilton Zoning Board of Adjustment hold a new hearing to reconsider its denial of his application for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance, which would have allowed an accessory dwelling unit in a detached garage on Lot F–37–2, 142 Intervale Road.
The Zoning Board will meet in the Building and Land Use Office in the Wilton Town Hall at 7:30 p.m. on Monday, July 30, to decide whether to grant 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 rehearing as a PDF file.
Monday, July 30, 2018 — Decision
The request by Gareth Dimery for a new hearing to reconsider the Zoning Board’s denial of his application has been granted. The new hearing will be held on Tuesday, August 14, 2018 at 7:30 p.m. in the Wilton Town Hall Courtroom.
Tuesday, Augst 14, 2018 — Rehearing
Gareth Dimery has applied for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance, to allow an accessory dwelling unit in a detached garage on Lot F–37–2, 142 Intervale Road, where the Ordinance requieres that the accessory dwelling unit and the primary dwelling unit be in the same dwelling and share a common interior wall.
The Town of Wilton Zoning Board of Adjustment will hold a public hearing in the Wilton Town Hall Courtroom on Tuesday, August 14, 2018 at 7:30 p.m. to reconsider its denial of this application on June 12, 2018.
Tuesday, August 14,2018 — Continuation
At the request of the applicant, the rehearing on ZBA Case 6/12/2018–2 has been rescheduled for Tuesday, September 18, 2018.
Tuesday, September 18, 2018 — Rehearing
Gareth Dimery has applied for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance, to allow an accessory dwelling unit in a detached garage on Lot F–37–2, 142 Intervale Road, where the Ordinance requieres that the accessory dwelling unit and the primary dwelling unit be in the same dwelling and share a common interior wall.
The Town of Wilton Zoning Board of Adjustment will hold a public hearing in the Wilton Town Hall Courtroom on Tuesday, September 18, 2018 at 7:30 p.m. to reconsider its denial of this application on June 12, 2018.
Tuesday, September 18, 2018 — Decision
The application by Gareth Dimery for a variance to section 5.5.3(b) of the Wilton Zoning Ordinance has been granted. The variance will allow an accessory dwelling unit in a detached barn/garage on Lot F–37–2, 142 Intervale Road, as shown on the plans submitted with the application, where the Ordinance requieres that the accessory dwelling unit and the primary dwelling unit be in the same dwelling and share a common interior wall.
This decision does not address any potential encroachment in the wetland setback area that might be peripheral to the creation of the proposed accessory dwelling unit.
This decision shall expire if the construction or use permitted by it has not begun by Friday, September 18, 2020. (Wilton Zoning Ordinance section 17.4)
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 18, 2018, and must fully specify all grounds on which the rehearing is requested. (N.H RSA 677:2)