Town of Wilton, NH

Zoning Board Minutes

August 12, 2014

Board MembersChairman Neil Faiman; members, Bill Carnduff and Joanna Eckstrom and Alternates Bob Spear, John Jowders, and Paul Levesque.
  • Case #3/11/14-1 NTV, LLC Rehearing Request
  • Adjournment
  • Case # 3/11/14 NTV, LLC Rehearing Request

Mr. Faiman explained that the Wilton Board of Selectmen have requested a rehearing of the NTV, LLC case and noted that the Zoning Board has had time to review the request prior to this meeting.

At the Board's request, the Clerk read the Board's previous decision as follows:

In response to an appeal by NTV, LLC, the Wilton Zoning Board has reversed a decision of the Wilton Building Inspector, by letter dated July 30, 2012, that existing structures on Lot D-155, Forest Road, could not be rebuilt or replaced, on the grounds that the lot and structures were nonconforming with regard to the lot area, lot width, and setback requirements of section 6.2 of the Wilton Zoning Ordinance, and that the structures were not grandfathered under section 17.1 of the Ordinance.

The Zoning Board found that the structures, although severely dilapidated, had not been "destroyed" or "demolished", and therefore that section 17.1(d) allows them to be rebuilt or replaced.

Mr. Faiman submitted his reasons for finding in favor of the re-hearing to the Board noting specifically that he agrees with the Board of Selectmen's argument that the Zoning Board did not make a finding as to whether or not NTV, LLC required a Building Permit.

Ms. Eckstrom noted that the Board discussed it but did not state a decision either way.

Mr. Spear stated that he feels the issue needs to be addressed.

Mr. Faiman stated that one cannot tell from the minutes whether the Board felt a permit was required or not.

Mr. Spear stated that for completeness and clarity he feels that the Zoning Board needs to amend their decision.

Mr. Faiman agreed, noting that the Board needs to be clear, also, in order to avoid conflict, with regards to this site, in the future. He stated that he feels that the there was an omission on the part of the Board with regard to whether NTV, LLC was required to get a Building Permit as stated in Article 2 of the Building Code.

In response to questions, Mr. Faiman noted that the Board has the right to hold a re-hearing with a limited scope.

A MOTION was made by Mr. Spear to hold a re-hearing with the limited purpose of augmenting the original decision with an answer to the question, "Is NTV required to obtain a building permit for the rebuilding or replacement of the structures on Lot D-155, Forest Road?"

A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Jowders to amend the motion so that the re-hearing discussion is based on the 2012 Zoning Ordinance and Building Code.

Voting: 2 ayes; Motion failed with Eckstrom and Jowders in favor and Faiman, Spear, and Carnduff against.

Ms. Eckstrom SECONDED the original motion.

Voting: 5 ayes; motion carried unanimously.

After discussion, a MOTION was made by Ms. Eckstrom and SECONDED by Mr. Carnduff to hold the re-hearing on September 15, 2014.

Voting: 5 ayes; motion carried unanimously.


A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Spear to adjourn the meeting.

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting to be adjourned.

Respectfully Submitted,
Heather Loewy Nichols
8/12/14 Page 2 of 2
Wilton ZBA
Revision 2