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January 29, 2001
|Voting Board||Chairperson Neil Faiman; member Bob Spear; alternate members Joanna Eckstrom & Ron Hanisch.|
|Agenda||Rehearing of case # 11/8/00–2 William and Kelly Hoff|
Case# 11/8/00–2 — William and Kelly Hoff
Ellen O’Shea and Joanne Dufour have requested that the Zoning Board reconsider its decision of December 13, 2000 to grant a special exception to William and Kelly Hoff under the terms of section 6.6.1 of the Wilton Zoning Ordinance, to permit a machine shop as a home occupation in a garage on Lot H-93, 1001 Mason Road. The rehearing is to consider whether restrictions the board imposed with regard to noise levels and deliveries and pickups should be amended. The board will hear any new arguments or evidence pertaining thereto.
Chairperson Neil Faiman called the meeting to order at 7:30 p.m. and read the above reason for the rehearing. Attorney Daniel Donovan, representing Ms. O’Shea and Ms. Dufour, argued that the restriction that states that only an abutter can request the enforcement of the noise restriction is too narrow an interpretation and would, in fact, not allow the selectmen to bring a complaint. He also argued that the restriction stating that noise levels are not to exceed 40 dBA did not take into consideration other performance standards such as beat, frequency and shrillness, and instead only addressed volume.
Abutter Hal Melcher stated that he had no problem with a machine shop next to his property.
Abutter O’Shea stated that at the first Hoff hearing in November, 2000, Mr. Hoff stated that his planned machine shop would not make any perceptible noise. If that is the case then there should be no problem. Why are hours of operation even needed if there will be no noise? She also reminded the board that she and the Hoffs have a shared driveway where there are current maintenance issues. Any increase in traffic due to the home occupation may change the intent of the driveway easement. Mr. Hoff said that at the 11/8/00 meeting he stated that there would be no noise, smoke or vibrations from the operation of the machine shop.
As to the restriction addressing pickups and deliveries, the current language states: “Deliveries and pickups are to be limited to five visits total per week.” Ms. Eckstrom felt that the language should be made more clear in regards to what types of vehicles this restriction pertains to.
|Motion||Mr. Spear moved and Ms. Eckstrom seconded a motion to amend the restriction to the following: Third party pickups and deliveries pertaining of the operation of the business are to be limited to five visits total per week. The vote was unanimously in favor.|
The current noise restriction language states: “Noise levels from the machine shop operation are not to exceed 40 dBA at any point on any abutting property: this restriction is to be enforced only at the request of the owner of the abutting property on which the excessive noise levels occur.” The board agreed that the 40 dBA standard was a difficult measure to enforce, and agreed that people other than abutters should have the right to seek enforcement.
|Motion||Mr. Spear moved, and Mr. Hanisch seconded a motion to amend the noise restriction to the following: “There will be no perceptible noise from the operation of the machinery in the machine shop on any property other than Lot H–93.” Three board members voted in favor and Ms. Eckstrom abstained.|
Mr. Faiman stated that The Hoffs may apply for a rehearing of the decision to amend the original decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Wednesday, February 28, 2001, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
He further stated that Because the rehearing confirmed the original decision of the Zoning Board to grant the requested special exception, Ellen O’Shea and Joanne Dufour, who requested this rehearing, may appeal the decision to grant the special exception to the Superior Court no later than Wednesday, February 28. (N.H. RHS 677:4)
This special exception shall expire on December 13, 2002, if the use permitted by it has not begun by that date. (Wilton Zoning Ordinance section 17.4).
Minutes — December 13, 2000
|Motion||Ms. Eckstrom moved to approve the 12/13/00 minutes as written. Mr. Hanisch seconded the motion and three were in favor and Mr. Spear abstained.|
Minutes — January 4, 2001
|Motion||Mr. Spear moved to approve the 1/4/01 minutes as written. Ms. Eckstrom seconded the motion and all were in favor.|
A motion was made, seconded, and all were in favor, to adjourn the meeting. The meeting was adjourned at 8:30 p.m.
Diane Nilsson, Clerk