Zoning Board of Adjustment
Wednesday, July 16, 2025
Tucker Notice of Decision
Ashley & Chad Tucker, 788 NH Route 137 (Map 10 – Lot 27-4) have applied for a special exception under Article 12.9 of the Harrisville Zoning Ordinances to locate a detached 2-car garage with attached carport within the 100-foot wetland buffer. The applicants also seek a variance under Article 6.1.3 to locate the 40’ x 42’ structure within the side setback.
Wetland Setback Special Exception
Applicants want to locate the accessory structure 50’ from the wetland edge, when the required setback is 100 feet under Harrisville Zoning Ordinance 12.6.1 for all wetlands, such as those involved here, that are greater than 3,000 square feet. However, under Article 12.9 of the Ordinances, the board may grant a special exception if certain conditions are met. Applicant Ashley Tucker explained that the proposed location was chosen due to several factors on the property that make alternative locations difficult. To locate the garage in front of the house and closer to the road, in full compliance with the ordinances, would require removing trees and boulders, rerouting and enlarging the driveway, and excavating for a frost-wall foundation due to the soil conditions. The applicant felt such a location would have a more detrimental environmental impact, would be far more costly and would be less directly accessible from the house. The applicant confirmed that no activity other than storage of vehicles would occur in the structure.
The abutting wetlands in this matter are controlled by the U.S. Army Corps of Engineers. A representative from the Army Corps of Engineers indicated at the hearing that the Corps did not oppose the project but wanted to notify the owners of generic concerns related to development impacts on wetlands and liability should any environmental issue arise.
The board applied Article 12.9 provisions for granting a special exception for locating a structure within the 100 feet setback from the wetlands. Under Article 12.9 the board may grant a special exception for the construction of accessory structures associated with legally preexisting primary structures if it can be demonstrated that no practical alternative exists elsewhere on the lot.
Here the applicant argued that other portions of the property cannot be reasonably used for several reasons. Other placement options would require the removal of trees and boulders and require extensive site work and a new driveway design, greatly increasing the cost of construction. The trees provide shade from the natural canopy. The location of the garage next to the house as proposed provides the most functionality with the least impact on the property; the proposed placement means that the garage would be close to the entrance of the house. Alternative locations that do not intrude into the wetlands setback are limited given that the property is surrounded by wetlands on three sides.
The board agrees that no practical alternative exists elsewhere on the lot. Members noted that the delineation of the wetlands surrounding the property and the specific site conditions on the lot, including the location of the septic and well, the soil conditions in the front of the property and flatter, more optimal conditions in the proposed location rendered the proposed garage site the most reasonable and viable. The proposed location was considered by the board to have the least impact. The cost of the project was also considered to be significantly more by trying to construct the garage in front of the house instead of to the side and rear.
In addition to the 12.9.1 requirement, the following conditions must be met:
- Sediment in the runoff water, both during and after construction, shall be trapped by the use of sediment basins or other erosion-control methods, until the disturbed area is stabilized.
The applicant will meet these criteria.
- The storm drainage system and culvert capacity shall be based on a design flow with a minimum return interval of a twenty-five year/twenty four-hour storm, and the ability to withstand a 4” rainstorm within a 24-hour period.
The project will not involve installing a culvert and the topography and soil conditions where the structure will be located should be able to absorb storm runoff. The garage roof would be pitched in a way that runoff would not travel in the direction of the wetlands.
- Stormwater infiltration systems are installed to reduce surface water runoff.
ZBA members offered stormwater treatment options, including a drainage swale or other mechanisms to direct runoff away from the wetland and foster permeability on the applicant’s lot. Such measures are conditions required as part of this special exception. Members also noted the soil conditions in the proposed location appear porous and favorable for such on site permeability.
The applicant agrees to install such systems.
- No new soil ways shall be created, nor additional runoff directed to existing wetlands or to adjacent properties, unless necessary easements are obtained.
These criteria will be met.
Turning to the special exception criteria under Article XX, the board considered the following:
20.1.2.1. The specific site is an appropriate location for such use.
The board agrees that the proposed use as a garage next to a house entrance in the residential agricultural district with adequate acreage and frontage, is appropriate.
20.1.2.2. The use as developed would not adversely affect the adjacent area
The board agrees. Natural vegetation and terrain provide a buffer between the subject lot and the closest abutters, and the proposed garage location lies on a flat area, with no slope toward the wetland. The board does not consider the expected rainwater emanating from the garage roof to have an impact on the wetland.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The board agrees. The proposed location is as far from the public way as reasonably possible.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The board agrees. The applicant will undertake measures to manage runoff, whether by a swale, catch basin or drainage trench.
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 only waiving the 100 feet setback requirement by a special exception allowing a 50 feet setback from the wetlands boundary.
Accordingly, the board grants a special exception from the 100’ wetland setback to a 50’ setback, conditioned upon the applicant’s developing a rainwater control system along the side facing the wetlands, and that the structure will be built consistently with town ordinances for foundations.
Relief for the side setback
The applicants originally sought a variance under Article 20.1.3 to allow a 20 foot side setback instead of the required 40 feet required under 6.1.3. However, by Special Exception garages may be located no less than twenty-five (25) feet from the nearest boundary of any public right-of-way or side and rear boundaries of the lot. Following up on a question raised at the site visit, the board asked the applicant if the garage could be moved 5 feet further away from the side setback such that, under 6.1.3., a special exception rather than a variance would be required. Ms. Tucker agreed that they will move it 5 feet, such that the distance from the side boundary would be 25 feet rather than 20 feet’.
With the confirmation, the board addressed the special exception criteria under Article XX.
20.1.2.1. The specific site is an appropriate location for such use.
The board agrees. In this case, the lot line is well-screened, in keeping with the purpose of side setbacks to avoid density and protect privacy.
20.1.2.2. The use as developed would not adversely affect the adjacent area.
With the setback and the screening, the board agrees there would be no adverse effect. The board also notes that there is a letter of support from the relevant abutter who had no concerns with the initial proposal to locate the garage within 20 feet; thus, it’s reasonable to assume that a 25 feet setback would be agreeable as well.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The board agrees, particularly given the distance of the structure from the road.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The board agrees.
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 agrees the proposed use is in compliance, with no waiver other than to grant the special exception to be 25 feet from the side boundary, and the special exception for the wetlands setback discussed previously.
Accordingly, the board grants a special exception to locate the garage 25 feet from the side setback to the south of the property.
Respectfully submitted,
Charles Sorenson, Chair
Harrisville ZBA
July 28, 2025