Wolfeboro ZBA delays Atwell on Elm variance hearing amid notice and rehearing questions

The Wolfeboro Zoning Board of Adjustment on July 7 deferred consideration of a variance application from Atwell on Elm LLC after members disagreed about whether to open the public hearing and continue it or to reschedule and re-notice a fresh hearing.

Board Chair Suzanne Ryan opened the agenda item for Atwell on Elm LLC (Case 11-V-25) and described that the applicant’s attorney had requested a continuance because the attorney assigned to the case had been called away for medical reasons and had not received the large packet of material submitted by the abutters. Ryan said she had been contacted by the applicant’s counsel and read an email requesting continuance to August 7. “This is Cainan. Good afternoon, Shauna,” Ryan read from the attorney’s message.

The central dispute among board members was procedural: whether to open the hearing tonight and continue it to a time, date and place certain or to re-notice a new hearing so all parties and the public would be…