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May 15, 2007
|Voting Board||Chairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Bob Spear & Jim Tuttle|
|Alternate members||Andy Hoar, John Jowders|
|Agenda||Heidi Blackmer Robichaud — Request for rehearing|
Mr. Faiman called the meeting to order at 7:30 p.m.
Case #4/10/07–1 — Hatfield
Ms. Eckstrom presented the Board with a written statement of her opinions about the request. A copy of her statement will be placed in the case file.
Ms. Eckstrom questioned whether the request was filed on time. Mr. Faiman stated that he had received a phone call from the Town Office on Thursday, May 10 (the rehearing request deadline) that the request had been received and was in the office.
Mr. Jowders questioned whether Ms. Robichaud had already exercised her right to request a rehearing when she signed the “Joinder To and Support Of Motion For Rehearing” document that was submitted in conjunction with the Selectmen’s request for a rehearing.
The Board discussed the request, and particularly the definitions of “Commercial Activity,” “Business,” “Hobby,” and “Home Occupation” at length.
|Motion||Moved by Ms. Eckstrom, seconded by Mr. Tuttle to deny the request on the grounds that there is no new information and that absent a definition or a limitation in the Wilton Zoning Ordinance of how many domestic animals and how many litters a person may have each year before it constitutes a commercial activity.|
|Vote||Eckstrom and Tuttle were in favor. Faiman, Roberts, and Spear voted no. Motion failed.|
|Motion||Moved by Ms. Roberts, seconded by Mr. Spear to rehear the case to reconsider whether the activity is commercial, and, if the board finds that it is a commercial activity, to consider the other issues raised in the Hatfields’ original application.|
|Vote||Faiman, Roberts, and Spear were in favor. Eckstrom and Tuttle voted no. Motion passed.|
The question was raised again as to whether Ms. Robichaud was entitled to request the rehearing. Mr. Faiman stated that he would seek legal advice on the question; that if Ms. Robichaud lacked standing to request the rehearing, then the Board had no jurisdiction to grant the requested rehearing, and the decision to grant the rehearing would be without effect; and therefore if he received legal advice that Ms. Robichaud's request for rehearing was improper, he would cancel the scheduled rehearing and withdraw the notice for it, and notify the parties accordingly. The Board expressed its agreement.
|Motion||Moved by Ms. Roberts, seconded by Mr. Tuttle to adjourn.|
|Vote||All in favor.|
Meeting adjourned at 8:45 p.m.
Submitted by Neil Faiman
Posted May 17, 2007