Harrisville Zoning Board of Adjustment
Cucchi Family Revocable Trust
Notice of Decision
Wednesday, June 18, 2025
The Cucchi Family Revocable Trust, Dublin Road (Map 30 – Lot 32-11-1) has applied for (1) a special exception under Article 12.9.4 to construct a 45-foot by 60-foot dwelling within the 100’ wetland setback and (2) a variance under Article 6.1.3. to construct the dwelling within the 40’ side property line.
The applicant has a contingent purchase and sales agreement for the undeveloped property with the abutter to the west, William Gordon, for the purchase of this lot if the applicant obtains the special exception to locate a 60 by 45-foot house 40 feet from the designated wetlands on the property. The agreement also requires that the applicant obtain the variance so that the structure can be located 20 feet from the side setback to the Gordon abutting property. It is the prospective buyer who will build the dwelling. The applicant has supplied the board with a copy of the signed purchase and sale agreement.
The applicant and prospective buyer have obtained a shared driveway permit issued by the NH Department of Transportation. The applicant must also obtain approval for the location of a septic system from the NH Department of Environmental Services.
The applicant explained that the Dublin Road lot was considered buildable prior to the enactment of the 2021 Wetlands Conservation ordinance Article 12.6.1 that established a 100-foot buffer for wetlands of 3,000 square feet or more. The wetland, as depicted on the applicant’s site plan, was delineated in 2006 by a certified wetland soil scientist. The applicant stated that the wetland is seasonal and man-made, deriving primarily from spring snow and rain runoff draining onto the lot through a Department of Transportation-installed culvert under Dublin Road. The applicant indicated that the wetland conditions have remained as they are today since the 1970s when the culvert was built.
As a result of the buffer ordinance, the applicant maintains that the lot is effectively unbuildable without a special exception under Article 12.9.4. The applicant noted on the plat submitted how the wetland buffer requirements restrict development options and submitted photos to show the location of the culvert and wetlands relative to the proposed location of the dwelling.
Special Exception Criteria for a 40-feet Set Back from the Wetland
To obtain a special exception to allow a house to be built within 40 feet of the wetland here the applicant must meet the requirements of Articles 12.9 and 20.1.2 of the Harrisville Zoning Ordinances. The board has applied these provisions and concludes as follows:
12.9.4.1. The lot upon which an exception is sought was an official lot of record, as recorded in the Cheshire County Registry of Deeds, prior to the date on which this amendment was posted and published in the Town.
The board concludes this condition is met. The lot was approved by the Harrisville Planning Board in 2018 and recorded in May 2019 at the Cheshire Co. Registry of Deeds, two years prior to the 2021 adoption of the Wetlands Conservation District ordinance instituting a 100’ wetland setback.
12.9.4.2. The use for which the exception is sought cannot feasibly be carried out on a portion or portions of the lot, which are outside the wetlands conservation district.
The board agrees. The applicants noted that the buffer encompasses nearly the entire buildable area of the lot, as the average distance between the wetland and the 40’ side setback requirement is only 80 feet, leaving no feasible area for a compliant structure other than possibly on the far northern area of the lot. The board concludes that building on the northern portion of the lot would be burdensome and less desirable due to the existing sloped topography, possible additional runoff into Lake Skatutakee and development requirements.
12.9.4.3. Because of the provisions of the District, no reasonable and economically viable use of the lot can be made without the exception.
The board agrees. The applicant asserted that, without the relief, the 100’ buffer effectively prohibits reasonable and economically viable use of the lot. Locating the house outside the 100 feet buffer would result in a long driveway and encroachments into steep slopes. Board members noted that the costs of construction would increase considerably, and a greater environmental impact would result if the proposed dwelling were located where a special exception would not be required.
12.9.4.4. The design and construction of the proposed use will, to the extent practical, be consistent with the purpose and intent of this article.
The board has reviewed the specific purposes of the ordinance outlined in Article 12.2 and notes that the proposed construction and its location address the factors outlined in the article, including avoiding pollution of groundwater or any adverse effect on the wetland or water resource supplies. The board has determined that the application materials and review of the special exception criteria further address the purposes of the ordinances. Members also note that the wetland is drainage, not naturally occurring, and the result of the DOT’s installation of the culvert which included no provisions for where and how the water would exit on the north side of Dublin Road.
12.9.4.5. The proposed use will not create a hazard to individual or public health, safety and welfare, due to the loss of wetland, the contamination of groundwater, or other reason.
The board agrees. The applicant reiterated that the wetlands are seasonal and due to the culvert under Dublin Road as depicted in the wetland delineation. The applicant is not proposing to build within the wetland area, or drain, dredge or disturb it any way. The septic system will be designed by a licensed designer and reviewed by DES, ensuring no contamination to groundwater. Submitted with the application is a soil survey conducted in 2004 by Brackett Geosciences to ascertain any risk from development. The report indicated no risk to health or safety or to nearby wells or groundwater, due to modern septic design, soil makeup, and natural geology which directs groundwater flow.
Moving to the Article XX criteria for a special exception, the board finds as follows:
20.1.2.1. The specific site is an appropriate location for such use.
The board agrees. The subject lot is in the town’s residential / agricultural district and contains acreage and frontage that exceeds the required amounts under town ordinances. The proposed development is for a single-family residence. No excavation, filling, dredging or development will occur in or on any wetlands.
20.1.2.2. The use as developed will not adversely affect the adjacent area.
The board agrees. Regarding the adjacent area closest to the proposed structure, the board notes that it belongs to the abutter, William Gordon, who is a party to a purchase and sale agreement for the applicant’s property. The wetland on applicant’s lot 30-32-11-1 is on the property’s east side and the proposed use avoids any impact directly on them. The applicant’s geological study confirmed that risks from residential development will be mitigated through standard septic design and the site’s geological features.
Also, to minimize any impact, development will involve best practices, such as minimizing disturbed areas during construction, use of erosion and sediment controls during construction, inspection of controls, preservation of the existing tree canopy and restoration immediately after completion of construction. Stormwater management measures will be taken for runoff from the structures being built. The owner will install a 30’L x 2’W x 3’D infiltration trench of crushed stone on north side of the house and a dry well adjacent to the garage. These features are designed for a 4”, 25-year rainstorm event. The driveway will contain pervious gravel for infiltration and existing vegetation will help reduce runoff and erosion.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The board agrees. The driveway permit was approved by the state Department of Transportation and adequate parking will be located on the lot.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The board agrees that the state approved septic and well, and proposed stormwater management measures satisfy the appropriate facilities needed.
20.1.2.5. The proposed use shall comply with all the frontage, setbacks, minimum land area, sanitary protection, signs, and parking requirements for itself or its most similar use, except where specifically waived by the board, the reasons for such waiver to be set forth in writing by the board.
The board is not waiving any requirements other than for the 100 feet wetland buffer. Any proposed structure cannot be closer than 40 feet as submitted in the plans. Waiving the setback from the wetland does not include a waiver for the side setback, which requires a variance.
Accordingly, the board grants a special exception from the 100’ wetland buffer zone for the proposed structure which cannot be built closer than 40 feet from the delineated wetland depicted in the application. The special exception is contingent upon the submission of a signed Purchase and Sales Agreement between the applicant and William Gordon. It is also contingent upon the project’s compliance with the plans as submitted and represented by the applicant with respect to stormwater management and all aspects addressed in their narrative.
Variance from 40’ side setback
Applicant seeks a variance from the 40 feet setback requirement under Article 6.1.3. to locate the dwelling 20’ from the side property line, to avoid any closer proximity to the wetland. The board has applied the Article 20.1.3 variance criteria and concludes as follows:
20.1.3.1. There would not be a diminution in value of the surrounding properties as a result of the grant of the variance requested.
The board agrees.
20.1.3.2. The grant of the variance requested would not be contrary to the public interests.
The grant of the variance allowing the house to be constructed closer to the side setback and away from the wetland is deemed by the board to be in the public interest.
20.1.3.3. By granting the variance requested, substantial justice would be done.
In the balancing test for substantial justice, the board agrees it would be done. Granting the variance will allow reasonable use of the land and denial would cause hardship to the applicant with no noticeable public gain.
20.1.3.4. The requested variance would not be contrary to the spirit of the ordinance.
The board agrees. The spirit of the setback ordinance is to avoid intrusion onto neighboring properties and control density. In this case, the neighbor, William Gordon, does not consider it an intrusion to develop that land as proposed. There should be no significant impact on density.
20.1.3.5. Unnecessary Hardship: Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship as defined by New Hampshire Revised Statutes Annotated Chapter 674, Section 33, as amended. RSA 674:33, defines hardship as “owing to a special condition or the special conditions of the property that distinguish it from other properties, no fair and substantial relationship exists between the general public purpose of the ordinance provision and the specific application of that provision to the property, and the proposed use is a reasonable one.”
The proposed board finds the use is a reasonable one and that the case for hardship owing to the conditions of the property has been made by the applicants. The combination of the culvert’s dumping water onto the property and the resulting wetland distinguishes this property from other similarly situated properties and there is no substantial relationship between the general purpose of the ordinance and its specific application here.
Accordingly, the board grants a variance to locate the structure as depicted in the Cucchi Family Trust application no closer than 20 feet from the side property line to the west, and the location of the structure shall be 50’ from the public right of way.
Respectfully Submitted,
Charles Sorenson
Chair, Harrisville Zoning Board of Adjustment
June 29, 2025