Alton ZBA denies two rehearing requests, clarifies appeals process

The Town of Alton Zoning Board of Adjustment opened its Dec. 4 meeting by reviewing the appeal and rehearing process and then moved quickly to decide two pending rehearing requests. Chairman Frank Rich read the board’s appeal rules and reminded attendees that rehearings must raise new evidence or legal errors for the board to reconsider a previous ruling.

On a rehearing request tied to an appealed cease‑and‑desist (case Z25‑37), code enforcement and multiple board members said they found no new evidence in memoranda filed by the applicant’s counsel. Tim Morgan stated the matter concerned the earlier cease‑and‑desist determination, and Tom Lee said, “I don’t see any reason for a rehearing.” After discussion, the board denied the request.

The board then considered a rehearing petition for Z25‑32, which challenged a prior special‑exception decision. Board counsel and members said they had read memoranda from both sides and saw no new legal issues. “I didn’t see any new information,” Morgan said. Board members agreed the matter had been fully considered previously and denied the rehearing; members noted the applicant remains free to reapply with new evidence or a different proposal.

The board emphasized that rehearings are limited to claims of legal error or newly discovered facts. Rich said the purpose of the evening’s procedural decisions was to allow the body to move on to new and reheard applications on the agenda.