Alton ZBA says ‘final approval’ starts with board decision; finds special‑exception rights lapsed in Z2532

The Alton Town Zoning Board of Adjustment voted to interpret “final approval” under Article 500, §5.20(e) of the town zoning ordinance and RSA 674:33 as the approval issued by the zoning board itself rather than the later outcome of court appeals.

The interpretation and decision came in administrative appeal Z2532 (applicant Pauline Monzioni; Map 9, Lot 33‑2, New Hampshire Route 112 / Wilson Highway). During deliberations board members said the two‑year period for seeking site‑plan approval or extensions begins with the zoning board’s decision, and that subsequent court action does not reset that clock. Several board members also said the applicant had not sought the planning‑board approvals or a formal extension required to preserve special‑exception rights within the two‑year period.

Based on that finding the board voted that the applicant did not exercise the rights granted by the special exception in a timely manner. The board then granted the administrative appeal in case Z2532. The recorded roll call on the definition of final approval was 4 in favor, 1 opposed; Paul LaRochelle was recorded as the dissenting vote. Subsequent motions finding the special exception lapsed and granting the appeal were recorded as carried by the board.

What the board decided

- Interpretation: For purposes of RSA 674:33 and §5.20(e) of Alton’s zoning ordinance, “final approval” begins with the zoning board’s approval, not with later court decisions. - Exercise of rights: The board found the applicant did not pursue site‑plan approval nor request an extension within the two‑year window and therefore had not lawfully exercised the special‑exception rights. - Outcome: The board granted the administrative appeal in case Z2532.

Next steps and context

The decision is limited to the interpretation of the ordinance and the record before the ZBA. The board noted that if an applicant believes more time will be required the proper course is to seek an extension from the zoning board or planning board; without that formal step a two‑year deadline may run.

Speakers (selected)

- Ryan Heath, Alton Town Administrator (presented town administration context during other cases) - Norma (staff), ZBA staff

Provenance (transcript evidence)

- topicintro: 00:03:11 — “An administrative appeal is requested for article 500 section 5 5 20‑e …” - topfinish: 00:13:56 — motion to find the applicant did not exercise rights and subsequent votes.