Town of Wilton, NH

Zoning Board of Adjustment

Case 6/14/22–1

Summary

Lot
K-89
Address
23 Clark Court
Owner
Susan M. Latham
Relief Requested
Variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance
Purpose
To allow construction of a detached garage containing an accessory dwelling unit where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.
Application
The application
Request for Rehearing, submitted September 6, 2022
Amended Request for Rehearing, submitted October 7, 2022

Documents

Tuesday, June 14, 2022 — Hearing

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, June 14, 2022 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.

Case Continued

The hearing on the request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been continued to Tuesday, July 12, 2022. If granted, the requested relief would allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Minutes

Minutes of the hearing.

Tuesday, June 21, 2022 — Site Visit

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The Town of Wilton Zoning Board of Adjustment will meet on Tuesday, June 21, 2022 at 10:00 a.m. at 23 Clark Court to hold a site visit for this application. The site visit is a continuation of the public hearing on the 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.

Minutes

Minutes of the site visit.

Tuesday, July 12, 2022 — Continuation

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, July 12, 2022 at 7:30 p.m. in the Wilton-Lyndeborough Cooperative High School Cafeteria, 57 School Road.

Case Continued

The hearing on the request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been continued to Tuesday, August 9, 2022. If granted, the requested relief would allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Minutes

Minutes of the hearing.

Tuesday, August 9, 2022 — Continuation

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, August 9, 2022 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.

Decision

The request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been denied. If it had been granted, it would have have allowwed construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The request was denied because there was no hardship, because there are no special conditions which distinguish the property from other properties in the area in such a way as to make the Ordinance provisions particularly unreasonable as they apply to 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, September 8, 2022, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Minutes

Minutes of the hearing.

Tuesday, October 11, 2022 — Request for Rehearing

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

The Zoning Board will meet on Tuesday, October 11, 2022 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street to consider a request by Susan Latham that it hold a new hearing to reconsider its August 9 the denial of her request.

The decision on whether to grant a rehearing is made on the basis of the written request and the case record. No additional testimony, evidence, or other input will be taken.

Decision

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Ms. Latham’s request for a rehearing following the Zoning Board’s August 9, 2022, denial of her variance request has been granted. The rehearing has been scheduled for Tuesday, November 8, 2022.

Minutes

Minutes of the hearing.

Tuesday, November 8, 2022 — Rehearing

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

On Tuesday, August 9, 2022, the Town of Wilton Zoning Board of Adjustment denied the requested variance. On Tuesday, October 11, 2022, in response to a request from the applicant, the Zoning Board granted a rehearing.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, November 8, 2022 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.

The original application, and all testimony and other information from the June 14, 2022 and August 9, 2022 hearings and the June 21, 2022 site visit will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision.

Case Continued

The rehearing on the request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been continued to Tuesday, December 13, 2022. If granted, the requested relief would allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Minutes

Minutes of the hearing.

Tuesday, December 13, 2022 — Continuation

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

On Tuesday, August 9, 2022, the Town of Wilton Zoning Board of Adjustment denied the requested variance. On Tuesday, October 11, 2022, in response to a request from the applicant, the Zoning Board granted a rehearing.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, December 13, 2022 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.

The original application, and all testimony and other information from the June 14, 2022 and August 9, 2022 hearings and the June 21, 2022 site visit will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision.

Case Continued

The rehearing on the request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been continued to Tuesday, January 10, 2023. If granted, the requested relief would allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Minutes

Minutes of the hearing.

Tuesday, January 10, 2023 — Continuation

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

On Tuesday, August 9, 2022, the Town of Wilton Zoning Board of Adjustment denied the requested variance. On Tuesday, October 11, 2022, in response to a request from the applicant, the Zoning Board granted a rehearing.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, January 10, 2023 at 7:30 p.m. in the Emergency Operations Center of the Wilton Fire Station, 102 Main Street (park across the street, NOT in the Fire Station parking lot; enter at the WEST end of the building).

The original application, and all testimony and other information from the June 14, 2022 and August 9, 2022 hearings and the June 21, 2022 site visit will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision.

Case Continued

The rehearing on the request by Susan M. Latham for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance has been continued to Tuesday, February 14, 2023. If granted, the requested relief would allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

Minutes

Minutes of the hearing.

Tuesday, February 14, 2023 — Continuation

Notice

Susan M. Latham has requested variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.

On Tuesday, August 9, 2022, the Town of Wilton Zoning Board of Adjustment denied the requested variance. On Tuesday, October 11, 2022, in response to a request from the applicant, the Zoning Board granted a rehearing.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, February 14, 2023 at 7:30 p.m. in the Wilton-Lyndeborough Cooperative High School Cafeteria, 57 School Road.

The original application, and all testimony and other information from the June 14, 2022 and August 9, 2022 hearings and the June 21, 2022 site visit will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision.

Application Withdrawn

Susan M. Latham has withdrawn her request that the Town of Wilton Zoning Board of Adjustment hold a rehearing of its Tuesday, August 9, 2022 denial of her request for variances to sections 5.1(d), 5.5.1, and 5.5.3(b) of the Wilton Zoning Ordinance to allow construction of a detached garage containing an accessory dwelling unit on Lot K-89, 23 Clark Court, where the ordinance allows accessory dwelling units only in the same dwelling as the primary dwelling unit.