Town of Wilton, NH

Zoning Board Minutes

November 30, 2000

Voting Board Chairperson Neil Faiman; member Bob Spear; & alternate members Ron Hanisch and Joanna Eckstrom.
Clerk Diane Nilsson
Agenda To consider a reconsideration of the Board’s decision to grant an equitable waiver to William and Kelly Hoff on November 8.

Chairperson Neil Faiman called the meeting to order at 7:30 p.m.

Case# 11/8/002 – Hoff equitable waiver (request for reconsideration)

Mr. Faiman called the meeting to order at 7:32 p.m. and stated that this meeting was properly noticed, as notices were placed in the Town Hall office and the post office on Tuesday morning, November 28. He then explained that the board received a letter from lawyers representing Ellen O’Shea and Joanne Dufour, who are abutters of the Hoff’s, asking that the board reconsider the decision. In the letter, the attorneys allege that one of the facts stated by Mr. Hoff at the 11/8 meeting may not be true.

The board determined that the request did meet one of the standards required to grant a rehearing, in that the new evidence was not available at the 11/8 meeting. Then the board asked themselves if this evidence had been available at the 11/8 hearing, would they have decided the case differently? Ultimately they decided that regardless of what the building inspector might or might not have said to the Hoff’s regarding the set back requirement in the Res/Ag district, the fact that the Hoff’s were issued a building permit, on which they stated that the garage would be built 20 feet from the lot line, was enough evidence upon which to grant the equitable waiver.

Motion Ms. Eckstrom made a motion to deny the reconsideration request based on the fact that the board decision to grant the equitable waiver was sufficiently justified by the objective evidence of the building permit for the garage, and that additional testimony about the circumstances of the granting of the permit was unlikely to affect that decision. The motion was seconded by Mr. Hanisch and all were in favor.
Motion Mr. Hanisch moved to adjourn the meeting, seconded by Mr. Spear, with all in favor.

The meeting was adjourned at 7:20 p.m.
Diane Nilsson, Clerk