|Voting Board||Chairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts & Bob Spear|
|Acting Clerk||Neil Faiman|
|Agenda||Meet with Town Counsel Silas Little|
The Board members convened at 7:30 p.m., and met with Silas Little, Wilton Town Counsel, to discuss RSA 674:33–a (the “Equitable Waiver” statute) and how it applies to the Jordan/Bravo application.
Mr. Faiman summarized the facts in the case. Attorney Little advised that RSA 674:33–a applies specifically to violations of dimensional requirements, such as setbacks, and that it would not be applicable in this case.
In response to questions from the Board regarding a possible variance application, Attorney Little felt that the Board could consider the applicants’ action on misinformation and misunderstandings as factors in determining whether there was a hardship. The Board members and Attorney Little looked at the Building Permit application, and Attorney Little suggested that the Board could also take the incompleteness of the information on the application into account in determining how the responsibility for the mistakes should be allocated. He also told the Board members of a state Supreme Court decision (Aranosian Oil Company, Inc. v. City of Portsmouth) that might be relevant.
The Board members agreed that Mr. Faiman should send a letter to the applicants, advising them that their equitable waiver application was likely not to be approved, based on the Board’s discussions with the Town Attorney, and that they should consider applying for a variance if they wish to continue trying to obtain relief.
The meeting was adjourned at approximately 8:30 pm.
Minutes submitted by Neil Faiman
Posted: November 5, 2004