Town of Wilton, NH

Zoning Board of Adjustment

Case 5/12/20–1

Summary

Lot
B–39–3
Address
303 Curtis Farm Road
Owner
The John and Kristen Marois Revocable Trust
Description
The John and Kristen Marois Revocable Trust has appealed a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance.
Application
The application
Decisions
Denied Tuesday, May 12, 2020
Rehearing granted Tuesday, June 30, 2020
Appeal granted Tuesday, July 14, 2020
Status
Rehearing request deadline is Thursday, August 13, 2020

Documents

Tuesday, May 12, 2020 — Hearing

Notice

The John and Kristen Marois Revocable Trust has appealed a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, May 12, 2020 at 7:30 p.m.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.

You can participate in one of two ways:

Read more details on the electronic meetings page.

If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.

The application, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.

Decision

The administrative appeal by the John and Kristen Marois Revocable Trust has been denied. The applicant appealed a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance. The applicant argued that the fee should be waived because it was not assessed prior to issuance of the building permit as required by the Ordinance. The Zoning Board found that the fee was assessed when the rate was specified in the Impact Fee Schedule in Appendix VIII of the Wilton Land Use Laws and Regulations. The Zoning Board further found that because the impact fee was legally imposed, the Board had no authority to waive or modify it.

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, June 11, 2020, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Minutes

Minutes of the hearing

Tuesday, June 16 — Request for Rehearing

Request for Rehearing

The John and Kristen Marois Revocable Trust has requested that the Zoning Board hold a rehearing on its decision to deny the Trust’s administrative appeal of a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance.

The Town of Wilton Zoning Board of Adjustment will consider whether to grant a rehearing in a public meeting on Tuesday, June 16, 2020 at 7:00 p.m.

Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.

You can participate in one of two ways:

Read more details on the electronic meetings page.

If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.

Continued

The meeting to decide whether to grant a rehearing of the denial of the administrative appeal in ZBA Case 5/12/20–1 has been continued until Tuesday, June 30.

Minutes

Minutes of the hearing

Tuesday, June 30 — Request for Rehearing — Continuation

Request for Rehearing

The John and Kristen Marois Revocable Trust has requested that the Zoning Board hold a rehearing on its decision to deny the Trust’s administrative appeal of a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance.

The Town of Wilton Zoning Board of Adjustment will consider whether to grant a rehearing in a public meeting on Tuesday, June 30, 2020 at 7:30 p.m.

Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.

You can participate in one of two ways:

Read more details on the electronic meetings page.

If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.

Decision

The Zoning Board has granted the request by the John and Kristen Marois Revocable Trust for a rehearing on the Trust’s administrative appeal of a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance. The appeal was originally denied by the Zoning Board in a hearing on May 12, 2020.

Tuesday, July 14, 2020 — Rehearing

Notice

The John and Kristen Marois Revocable Trust has appealed a decision of the Wilton Building Inspector that a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road, requires payment of an impact fee pursuant to Article 25 of the Wilton Zoning Ordinance.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public rehearing on Tuesday, July 14, 2020 at 7:30 p.m.

The original application, the request for a rehearing, and all testimony from the May 12, 2020 hearing will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision. Any relevant new evidence or arguments may be presented at the rehearing.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.

You can participate in one of two ways:

Read more details on the electronic meetings page.

If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.

Decision

Following a rehearing, the administrative appeal by the John and Kristen Marois Revocable Trust has been granted. The applicant will not be required to pay an impact fee for a newly constructed accessory dwelling unit in the existing home at Lot B–39–3, 303 Curtis Farm Road. This decision reverses the Zoning Board’s May 12 denial of the appeal.

In accordance with Section 25.10(a) of the Wilton Zoning Ordinance, which gives the Zoning Board broad authority to consider appeals of impact fees, the Board found that, regardless of whether an impact fee for the construction was properly “assessed” when the Planning Board adopted the impact fee schedule, the failure, not just when the building permit was issued, but at any time up through completion of construction, to inform the applicant that the project would be subject to a multi-thousand dollar fee, was so fundamentally unfair that the imposition of the fee cannot be allowed to stand.

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 13, 2020, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Minutes

Minutes of the hearing