Request for Rehearing
The Zoning Board cannot consider a request for a rehearing unless it is received in the Town Office, complete, with all fees paid and abutter labels included, no later than the deadline date. A Zoning Board decision cannot be appealed in court if a proper rehearing request has not been submitted.
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.
Instructions
Use this form to ask the Zoning Board to hold a new hearing to reconsider a decision that it made at a previous meeting.
Appeals process
Anyone who wants to appeal a decision of the Zoning Board must begin by requesting a rehearing.
If the Zoning Board denies your request for a rehearing, or if it holds a rehearing but reaffirms its original decision, then you can appeal the decision to Superior Court or the Housing Appeals Board.
If the Zoning Board holds a rehearing and changes its original decision, then anyone who disagrees with the changed decision can start the process over by requesting a new rehearing.
See RSA 677:2–677:4 for more details on the rehearing and appeals process.
Who can request a rehearing?
The following people can request a rehearing:
- The original applicant
- The owner of the property involved in the application
- The Board of Selectmen
- An abutter, or anyone else who was legally required to be notified of the original hearing.
- Anyone who is directly affected by the decision. (Economic competition does not count as being “directly affected.”)
Kinds of decisions
If the Zoning Board denied the original application, then someone in favor of the application might appeal the decision.
If the Zoning Board approved the original application as submitted, then someone opposed to the application might appeal the decision.
If the Zoning Board approved the original application with restrictions, conditions, or modifications, then someone in favor of the application might appeal the restrictions, conditions, or modifications, while someone opposed to the application might appeal the decision to approve the application at all.
Deadline
The request must be filed in the Town Office no later than 30 days after the day on which the Zoning Board made its decision.
If the minutes of the meeting at which the decision was made are posted more than five business days after the meeting, then you can change your request any time up to 30 days after the minutes are posted.
Fees
The original applicant, owner, or selectmen may request a rehearing without paying any additional fee.
The fee for a rehearing requested by anyone else is the same as the original application fee ($125, plus $10 for each abutter). This fee must be paid when the request for a rehearing is submitted, but will be refunded if the Zoning Board decides not to hold a rehearing.
Abutters
You must provide two sets of adhesive mailing labels, no larger than 11⁄2 × 31⁄4 inches, for all the abutters on the list that was submitted with the original application.