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Applicant withdraws Sewell Road variance after board, counsel question ordinance citation
Summary
An application to expand two single-family structures at 180 Sewell Road was withdrawn without prejudice after the Wolfeboro Zoning Board of Adjustment and legal counsel concluded the filing cited the wrong subsection of the town ordinance; the board encouraged resubmission and waived the reapplication fee.
The Wolfeboro Zoning Board of Adjustment on May 7 accepted a withdrawal of the variance application for 180 Sewell Road after staff and legal counsel concluded the permit request had been filed under the wrong ordinance citation.
The withdrawal followed discussion with interim planner Shauna Saunders and the board about whether the application should proceed under the ordinance language for nonconforming structures or the separate provision for nonconforming uses. Saunders told the board the attorney had advised that because the project would rebuild the structures to meet setbacks, the structural subsection (175-43 A1C) did not apply and that the correct analysis involved the nonconforming-use provision of the Zoning Ordinance.
That interpretation mattered…
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