Zoning Board of Adjustment
Wednesday, August 19, 2026
Notice of Decision
211 Breed Road, LLC, Breed Road (Map 40-102-17)
211 Breed Road, LLC, Breed Road (Map 40-102-17), applied for special exceptions under Articles 5.4., 12.9, and 20.1.2. to construct a 3-bedroom dwelling on a nonconforming lot and within 100’ of the wetland setback. The footprint of the dwelling, breezeway, and garage is 2970 square feet. The lot is in the Residential Agricultural District and is nonconforming due to its 1.46 acre size in a district with a 2-acre minimum.
On August 12, 2026 the Harrisville Planning Board granted a request by the applicant to remove the building limitation contained in a 1981 Planning Board Decision affecting Tax Map 40, Lot 102-17. As a result, the lot became eligible for consideration under town ordinances for a special exception to allow construction of a residence on the lot.
On August 19, 2026 the Harrisville Zoning Board met at 6:15 pm for a site visit at the Breed Road property owned by 211 Breed Road, LLC, followed by a public hearing at Town Hall.
The Zoning Board of Adjustment members walked the property, noting the stakes delineating the location of the proposed structures and the wetland boundary at the rear of the lot. Some also walked through the wetland delineation area to the boundary of the abutting parcel. Jason Bolduc, the engineer and Wetland Scientist representing the owners, described the wetlands on the subject lot as being on the fringe of the larger prime wetland that descends toward the Seaver Reservoir watershed. He noted there is no plan for any tree removal or vegetation disturbance between the proposed dwelling and the wetland boundary.
Meeting and public hearing
At the public hearing immediately following the site visit, applicant’s representative, Jason Bolduc of ACER Environmental LLC, presented the revised site plan (dated August 17, 2026) being submitted August 19, 2026, which outlined the project. He noted this is a partially forested lot, currently vacant, but on which a barn was located approximately 20 years ago and where cows had pastured for many years. Mr. Bolduc conducted the test pit and the wetland delineation. The owners propose to build a single-family residence, as far as possible (55 feet) from the wetland boundary while conforming to the road and side setbacks. The proposed plan also must be submitted to DES for septic approval. A well location is proposed for the area between the back of the house and the wetland boundary. The lot’s topography is relatively flat and forested all around, with one house visible through the trees on the abutting lot to the south.
Special exception criteria, Article 12
As to the request for a special exception to allow the structure 55 feet from the wetland, instead of the normally required 100 feet, the board applied Article 12.9., which sets forth the following:
12.9. SPECIAL EXCEPTION USES. Upon application to the Zoning Board of Adjustment (ZBA), a special exception may be granted for certain uses, set forth in 12.9.1. through 12.9.4., provided the following conditions are 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 board found this condition would be met. Alluding to the August 17, 2026 plan, Mr. Bolduc noted the water retention barriers would include siltation fencing directly below development areas, 12-15’ away, and as denoted on the plan. In addition, the least amount of natural vegetation will be disturbed, and siltation controls will remain until the disturbed areas have a healthy stand of vegetation.
- 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 board concluded that the project does not involve a culvert and that the planned drainage system will capture the runoff. Asked where the driveway runoff would be directed, the applicant noted the existing culvert in the southwest corner of the parcel, where the runoff would be directed. The applicant also proposed that a 1’x1’ stone trench could be installed on the lower side of the gravel driveway. The board determined that the stone trench along the lower side of the driveway would be required to capture runoff.
- Stormwater infiltration systems are installed to reduce surface water runoff. The applicant proposes a roof runoff stone trench, 30” wide and 1’ deep, around the perimeter of the dwelling and eaves of the structures. The trench will be filled with crushed stone and will prevent stormwater from running off downgrade either into the wetlands or onto neighboring properties. The trench will be installed in areas outside the 100’ buffer as well including the unpaved driveway, which is not within the 100’ wetland buffer. The board agreed that given the relatively flat slope of the area immediately surrounding the proposed structures, the stone infiltration trenches should capture surface runoff.
- No new drainage ways shall be created, nor additional runoff directed to existing wetlands or to adjacent properties, unless necessary easements are obtained. The board raised no concerns as to this provision given the information provided.
The board then applied Article 12.9.4., allowing Development on vacant nonconforming lots provided that all of the following conditions are found to exist:
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. An abutter questioned that the lot was a pre-existing lot of record, referring to the condition placed on it when it was created through from the 1981 subdivision that it remain one lot with the lot across the street. The board concluded that the record, including the original delineation of the lot, the tax treatment by the Town, and the Planning Board August 12, 2026 decision removing the proscription on development of the lot indicated that it was a separate pre-existing lot of record at the time the Article 12 wetland restrictions were adopted.
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 (4-1) agreed with the applicant that, while meeting the road and property side setbacks, this is the furthest from the wetland the house could go without asking for a variance from the dimensional setbacks that would likely not be available.
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 asked if a reasonable and economically viable use could be made of the parcel without a residence – e.g., with a barn or other agricultural use. Abutter Bob Wiita shared a proposed site plan showing where a structure could be built that would be outside the wetland setback. It was unclear given the location and size of the proposed building envelope whether it would provide for a practical, reasonable and economically viable use or would still require other zoning relief.
The applicant argued that a special exception would still be required to accommodate a use for a barn or other agricultural use such as pasturing, which would occur adjacent, and closer, to the wetlands. With the goal of being least offensive, the applicant argued a residence is the least offensive and preferred use, and that it is an improvement on the prior use, which included storing junk. The board agreed that a reasonable and economically viable use of the lot requires a special exception.
Because Articles 12.9.4.4 and 12.9.4.5 (set out below) essentially focus on the impact of the project on the wetlands, they will be addressed together.
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. Under Article 12.2 the specific purposes of wetlands article include preventing destruction of wetland and “[t]o provide a buffer around the wetland in order to protect the essential functions of wetlands, which are: ecological integrity; aquatic habitat; flood storage; groundwater recharge/discharge; nutrient removal; sediment stabilization; wildlife habitat; nutrient reduction; and sediment retention/trapping. Mr. Bolduc for the applicant asserted that there is no impact to flood storage as no filling of wetlands will occur. Groundwater recharge is not affected as, based on the test pits, this is not an aquifer or groundwater recharge area. Similarly, nutrient removal is not relevant as there is no surface water in this wetland until you get off the lot and down below. Regarding wildlife habitat, the parcel is surrounded by forest, and the dwelling will be as close as possible to the road and won’t cut off a wildlife corridor. Sediment trapping and retention, similar to conditions for nutrient removal, refers to a larger water system entering wetlands, conditions not present on the subject lot.
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. Mr. Bolduc asserted there are no direct wetland impacts from this construction project and that no hazards will result given stormwater management provisions proposed.
The board focused closely on these proposed measures and whether they were likely to ameliorate negative impact on wetlands and groundwater. As discussed above, the applicant proposes a roof runoff stone trench, 30” wide and 1’ deep, around the perimeter of the dwelling and eaves of the structures. The trench will be filled with crushed stone and will prevent stormwater from running off downgrade either into the wetlands or onto neighboring properties. The trench will be installed in areas outside the 100’ buffer as well, including the unpaved driveway, which is not within the 100’ wetland buffer. In response to a concern raised about soft soil and abundance of ferns in the area of the lot between the prosed structures and the wetlands, Mr. Bolduc responded that he augured down into the soil and found a thick loam layer with no groundwater coming up, and the aroma of manure present. He added that the soils are not hydric down below; they are upland soils.
No trees are proposed to be removed adjacent to the wetland; only trees in front of the house where the septic would be located would come down. The board considers this a condition of granting the special exception. Moreover, the board noted the need to preserve natural vegetation between the dwelling and the wetland and imposed as conditions of a special exception that not only must natural vegetation be preserved, but water absorbent plantings, such as blueberry bushes specifically should be planted in that area.
While abutters expressed concerns about the impact of the project on the wetland, the board concluded (4-1) that 12.9.4 and 12.9.5 were met and that the project would not cause loss of wetland, or contamination of wetland or groundwater or cause any comparable hazard.
12.9.4.6. The ZBA shall themselves, or upon petition from the Select Board, conservation commission or abutters, hire a qualified consultant or consultants to prepare such studies as are necessary to determine whether the conditions set forth above have been met. The cost of such studies shall be borne by the applicant. The board did not believe that an additional wetlands scientist was necessary. Mr. Bolduc stated that he is certifying the wetland boundary, and that he can speak to the wetland and do studies on the wetland, as this is what his license allows him to do. Speaking to the purpose of Article 12 and 12.9.4.4., Mr. Bolduc reiterated that the project poses no direct impact to the wetland.
Special exception criteria under Article 20
Article 20 set out the general special exception criteria which cover the question of a special exception to build generally on a non-conforming lot pursuant to Article 5.4 provided that local and state health and sanitary regulations for water and sewage systems are met.
20.1.2.1. The specific site is an appropriate location for such use. The board agreed that the site, assuming it meets the requirements of 12.9 discussed above, is appropriate for a residential structure and will be an improvement of the existing conditions.
20.1.2.2. The use as developed will not adversely affect the adjacent area. The applicant argued that residential use of the property in the residential district is very appropriate and will enhance the neighborhood, considering what had been there or what could be there. Significant screening exists between the lot and the closest house. The possible impact on the adjacent area as a result of the location of a wetland has been previously addressed. Article 12 Wetlands Conservation Overlay District allows the Zoning Board to permit exceptions to the 100 feet wetlands setback when the board believes that a project won’t have an adverse effect on the wetlands. Here the board has concluded that the infiltration trenches and that the stormwater management measures required will preserve the natural condition of the wetlands as they are.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians. The board agreed.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The state has jurisdiction over the location and adequacy of proposed sewage disposal and water supply. DES must approve the septic plan before the special exception can take effect and a building permit can be issued.
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. Here the board is granting a special exception to build a residence on a 1.46 acre lot that is non-conforming because it does not meet the minimum 2 acre requirement for the residential/agricultural district. The board is also waiving by special exception the 100 feet wetlands buffer to allow location of a dwelling no closer than 55 feet from the wetland. The lot meets Article 6 requirement of at least 250’ of frontage. The project also meets the 50 feet public way setback and the 40 feet side and rear setbacks.
Therefore, the board granted (4-0-1(abstain)) special exceptions for the construction of a 2970 square feet house, breezeway and garage in accordance with the plans dated August 17, 2026 and submitted August 19, 2026 by the applicants and presented at this meeting by the applicants and their representative. The project shall comply with the plans regarding the location of the structures no closer than 55 feet from the wetland and the infiltration trenches around the structures as well as the driveway. It shall also comply with the following conditions for the special exceptions imposed by the board: there should be no tree cutting to the sides and rear of the proposed structures; natural vegetation between the structures and the wetlands should be preserved, and additional water absorbing plantings, such as blueberry bushes should be planted in the area between the structures and the wetland. The viability of the special exception depends on the continued viability of the decision by Planning Board to remove the development proscription as to map 40, lot 102-17.
Respectfully Submitted,
Charles Sorenson
Chair, Harrisville Zoning Board of Adjustment
August 27, 2026