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Wolfeboro ZBA says it lacks authority on water disconnection; directs applicant to selectmen and DPW
Summary
The ZBA voted that it does not have jurisdiction to permit disconnection from town water and advised the applicant to pursue the Board of Selectmen, town manager and the Department of Public Works for relief.
At its Jan. 6, 2025 meeting, the Wolfeboro Zoning Board of Adjustment concluded it lacks jurisdiction to decide an application from an owner seeking to disconnect from town water and to permit a private well instead.
Suzanne Ryan, chair, read the ordinance provision the board typically enforces and told the applicant that the matter of disconnecting from town water “is not a zoning question to disconnect.” The board cited the town’s zoning ordinance section requiring hookup to town water (chapter 175-83 as referenced in the meeting packet) and said a request to disconnect falls under the authority of the Board of Selectmen, the town manager and the department head of the Department of Public Works.
Ryan moved and the board voted to find it had no jurisdiction on the request. Audrey Klein seconded the motion for discussion; the board then took a roll-call vote and found the motion carried. The chair advised the applicant to seek placement on the Board of Selectmen agenda and to consult the town manager and DPW for technical review and any request for waiver or policy change.
The ZBA also noted it had performed a site visit in advance of the meeting; Chuck Sumner was appointed as the voting member on that application for the meeting. The board encouraged the applicant to coordinate with Amy Camucci, town secretary, to secure a Selectmen’s agenda slot.
The ZBA’s ruling does not prevent the applicant from seeking administrative or selectmen-level relief; it only concludes the ZBA is not the appropriate forum under the cited zoning hookup requirement.
