Case 8/13/2024–1
Summary
- Lot
- F-122-11
- Address
- 17 Richfield Way
- Owners
- John and Sarah Rondeau
- Relief Requested
- Variance to section 15B.3 of the Wilton Zoning Ordinance
- Purpose
- To allow the installation of a rooftop solar collection system whose rated capacity is greater than is allowed for residential use in the General Residence and Agricultural District..
- Application
- The application
- Lot plan showing the location of the house and proposed solar system.
- The abutter list.
- Status
- Final
Tuesday, August 13, 2024 — Hearing
Notice
John and Sarah Rondeau have requested a variance to section 15B.3 of the Wilton Zoning Ordinance to allow the installation of a rooftop solar collection system on Lot F-122-11, 17 Richfield Way, whose rated capacity is greater than is allowed for residential use in the General Residence and Agricultural District..
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, August 13, 2024 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.
Case Continued
The hearing on the request by John and Sarah Rondeau for a variance to section 15B.3 of the Wilton Zoning Ordinance has been continued to Tuesday, September 10, 2024. If granted, the requested relief would allow the installation of a rooftop solar collection system on Lot F-122-11, 17 Richfield Way, whose rated capacity is greater than is allowed for residential use in the General Residence and Agricultural District..
Minutes
Tuesday, September 10, 2024 — Continuation
Notice
John and Sarah Rondeau have requested a variance to section 15B.3 of the Wilton Zoning Ordinance to allow the installation of a rooftop solar collection system on Lot F-122-11, 17 Richfield Way, whose rated capacity is greater than is allowed for residential use in the General Residence and Agricultural District..
The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, September 10, 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 John and Sarah Rondeau for a variance to section 15B.3 of the Wilton Zoning Ordinance has been granted. It will allow the installation of a rooftop solar collection system on Lot F-122-11, 17 Richfield Way, whose rated capacity is greater than is allowed for residential use in the General Residence and Agricultural District..
This decision shall expire if the construction or use permitted by it has not begun by Thursday, September 10, 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, October 10, 2024, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Findings of Fact
- Lot F-125-11 is a 0.41 acre lot at the bottom of Richfield Way, in the General Residence and Agricultural District.
- The house is a two-story single-family house built in 2018.
- The applicant’s electrical usage has been measured as 12.6 kilowatts.
- The applicants propose to install a rooftop solar collection system with a rated capacity of 12.6 kilowatts to fully cover their electrical usage.
- Installation of a solar system that would not cover the applicants’ full electrical usage would not be economically viable.
Legal Issue
- Chapter 15B of the Zoning Ordinance defines categories of Solar Collection Systems (section 15B.2) and permits only specific categories of systems in particular Zoning Districts (section 15B.3).
- Permitted systems in the General Residence and Agricultural District are Residential Systems (15B.2.6), Shared Systems (15B.2.8), and Agricultural Systems (15B.2.1). Agricultural systems are permitted to provide power for agricultural uses, and Shared systems are permitted for shared use by multiple customers. Residential systems are permitted “to reduce on-site residential consumption of utility power.” Thus, the proposed system would have be a Residential system.
- However, section 17B.2.5 further defines Residential systems as limited to a rated capacity of 12 kilowatts AC or less. Thus, the applicants’ proposed 12.6 kilowatt system does not meet the definition of a Residential system, and thus is not a permitted system.
- The applicants’ are therefore requesting a variance to section 15B.3 to allow a Solar Collection System which does fall into any category permitted in the General Residence and Agricultural District.
Reasons for the Decision
- Hardship: The power consumption of the house exceeds the solar power production allowed by the Ordinance.
- Spirit of the Ordinance, Public Interest: A rooftop solar system with a slightly greater capacity than permitted by the ordinance does not adversely affect abutters, the character of the neighborhood, or the public health, safety, or welfare, and is consistent with the general intent of section 15B of the Ordinance.
- Property Values: Rooftop solar panels are an increasingly common home improvement, explicitly permitted by the Zoning Ordinance. Many houses in the applicants’ neighborhood already have rooftop solar panels.
- Substantial justice: Enforcing the letter of the ordinance would impose a substantial inconvenience on the applicant with no corresponding public benefit.