Third-Party Appeal of Administrative Decision

Instructions

If the Selectmen, Planning Board, Building Inspector, or any other town board or official has made a decision to allow someone else to do something with their property that you don’t think they should be allowed to do, and the decision or action is based on what you believe to be an incorrect interpretation or application of the terms of the Wilton Zoning Ordinance, you may use this form to appeal that decision to the Zoning Board of Adjustment.

The Zoning Board does not have any authority to review a discretionary decision to commence formal or informal enforcement proceedings, or a decision based on any law or regulation other than the Wilton Zoning Ordinance.

For more information, please refer to RSA 674:33, I(a), RSA 676:5, and RSA 676:6.

(If a Town official or board has denied you permission to do something, refused to issue you a permit or other approval, or has taken enforcement action against you, you can appeal that decision using the “Appeal of Administrative Decision” section of the Application to the Zoning Board of Adjustment form.)

This application must be complete and filed in the Wilton Town Office, along with an abutter list, and with all fees paid, no more than 30 days from when the decision was made.

If you have any questions about how to complete this application, please contact the Zoning Board chairperson or clerk, whose names and phone numbers you can get at the Wilton Town Office.

We will be happy to help you understand the Zoning Board application process and legal requirements, but we cannot advise you on your personal situation. If you are uncertain about how the zoning laws apply to your case, we recommend that you obtain professional advice.

You must submit a copy of this application to the official or board who made the decision that you are appealing.

Fee

The fee is $125 for the application, plus $10 for each abutter.

Abutter List

The abutter list must include the name and mailing address of

• the applicant,
• the property owner or owners,
• every person who owns property which touches any lot involved in the application (even at a corner) or is directly or diagonally across a road, stream, river, or railway right-of-way from a lot involved in the application, and
• the holders of any conservation, preservation, or agricultural preservation restrictions on any of the lots involved in the application.

Include the lot numbers of the all the abutting lots owned by each abutter.

You must also provide the abutter list (without the lot numbers) on two sets of adhesive mailing labels, no larger than 1½ × 3¼ inches.

It is your responsibility to provide an accurate abutter list. A Zoning Board decision that is made without notifying all abutters may not be valid, and an abutter who was not properly notified may be able to have the decision overturned.

Burden of Proof

The applicant shall have the burden of proving any historical facts relevant to an appeal before the Board. Such relevant historical facts include, but are not limited to, the date on which a lot, structure, or use came into existence.

Proof that a lot existed as a Lot of Record (Zoning Ordinance Section 3.1.19) on a particular date shall require signed certification to that effect by an attorney or licensed land surveyor, accompanied by copies of the deed or deeds from the Hillsborough County Registry of Deeds that support that conclusion.

The existence of a structure or use on a particular date may be established by testimony or by documentary evidence.