WILTON PLANNING BOARD
Work Session
January 12, 2005

Members present: Selectmen’s Rep. Jerry Greene, Matt Fish, Mark Whitehill, Alec MacMartin, Neil Faiman, Brian Sullivan, Alt. Dawn Tuomala, acting secretary.

Meeting called to order at 7:34 pm by Chairperson Matt Fish.

Agenda shall consist of zoning changes for the March Ballot.

Jerry Greene Moved to add the 2 new definitions to the Zoning Ordinance.  Alex MacMartin seconded; All in favor; Motion Passed.

Neil Faiman stated that the Building Codes exceeds state code.  Mr. Faiman suggested not to have anything more than what the state requires.  We need a provision for a board to grant variances to the building code.  There has only been one case in known history for a variance to the building code.  It is not worth having a whole separate board for something that has only been used once in the past.  Article 7 will change completely (see attached recommendations).

Alex MacMartin explains under State Law the board will have the power to change or grant variances when the building inspector has denied an application.  The building code is separate from the Zoning ordinance.

In the amendment Mr. Faiman changed 15 days to 30 days on appeal.  Someone has to appeal the application before it has been granted.  With the amendment the building code of appeal will work the same as the ZBA appeals which follows a logical approach.

Mr. MacMartin on the 30 days vs. 15 days the downfall for the owner is in the building industry; holding up the building of a project.  Only the party that wants the building permit and that it doesn’t get it has the right to appeal.  After discussion the Board decided to go back to the 15 days instead of the 30 days.

Alex MacMartin made a motion to change the 30 days back to 15 days; Jerry Greene seconded; All in favor; Motion passed.

Jerry Greene made a motion to accept the Board of Appeals with the change; Alex MacMartin seconded; All in favor; Motion passed.

There will be NO hearing on January 19th   The notice for the public hearing on January 31st must be in the January 20th paper.

Mark Whitehill had a question regarding the appeal process for Granite State.  This process is covered in 155-E:9 Appeal that any person affected by the decision can appeal to the regulator and it must be filed within 10 days of the decision.  The board must meet within 10 days to decide upon the request for a rehearing.  If granted the meeting must be held within 15 days.  The motion for rehearing shall describe every item in the decision that is unlawful or unreasonable.

Jerry Greene moved to adjourn Alex MacMartin seconded; all in favor.

Meeting Adjourned at 8:15 PM

Respectfully submitted,

Dawn Tuomala
Acting Secretary
 


<Return to Planning Board Home Page>