Town of Wilton, NH

Zoning Board of Adjustment

Case 3/12/2024–1

Summary

Lot
H-132
Address
291 Captain Clark Highway
Owner
Michaelann Murphy
Relief Requested
Special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance
Purpose
To operate a licensed family group child care as a home.
Application
The application
Site Plan (sketch)
Site Plan submitted to the Planning Board
Proposed Driveway Plan
Application with amended first page, April 15, 2024
Status
Rehearing request deadline is Thursday, May 30, 2024

Documents

Abutter Comments

Applicant Submissions

Submissions by abutter Thomas Ryan at the Tuesday, April 30 Hearing

Tuesday, March 12, 2024 — Hearing

Notice

Michaelann Murphy has requested special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance to operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, March 12, 2024 at 7:00 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.

Case Continued

The hearing on the request by Michaelann Murphy for special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance has been continued to Tuesday, April 9, 2024. If granted, the requested relief would operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

Minutes

Minutes of the hearing.

Tuesday, April 9, 2024 — Continuation

Notice

Michaelann Murphy has requested special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance to operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, April 9, 2024 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.

Case Continued

The hearing on the request by Michaelann Murphy for special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance has been continued to Tuesday, April 30, 2024. If granted, the requested relief would operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

Minutes

Minutes of the hearing.

Saturday, April 13, 2024 — Site Visit

Notice

Michaelann Murphy has requested special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance to operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

The Town of Wilton Zoning Board of Adjustment will meet on Saturday, April 13, 2024 at 9:00 a.m. at 291 Captain Clark Highway 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, April 30, 2024 — Continuation

Notice

Michaelann Murphy has requested special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance to operate a licensed family group child care as a home occupation Lot H-132, 291 Captain Clark Highway.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, April 30, 2024 at 7:00 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).

Notice of Decision

(Download the formal decision notice as a PDF file.)

The request by Michaelann Murphy for special exceptions under sections 5.3.1 and 6.6.1 of the Wilton Zoning Ordinance has been granted. It will allow a licensed family group child care as a home occupation at Lot H-132, 291 Captain Clark Highway.

This decision shall expire if the construction or use permitted by it has not begun by Thursday, April 30, 2026. (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, May 30, 2024, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Findings of Fact

Reasons for the Decision

The Zoning Board considered the requirements of Sections 6.6.1, 5.3.1, and 4.12 of the Zoning Ordinance, and found that the proposed use satisfies each of them. Most are fairly obvious. Requirements which required additional discussion by the Board are addressed below.

Additional Comments

The Board received a number of specific objections from Abutter Thomas Ryan, but did not find that any of them justified denial of the application. They are summarized below.

Minutes

Minutes of the hearing.