Hooksett Zoning Board of Adjustment Meeting - March 24, 2026: Wetland Crossing Special Exception Continued
Hooksett Zoning Board of Adjustment Meeting - March 24, 2026
The Hooksett Zoning Board of Adjustment met on March 24, 2026, to continue a public hearing on a special exception request (Z25-23) for a wetland crossing at 325 Hackett Hill Road, owned by Martin Bernard. The board also handled administrative items and heard extensive public testimony from abutters about property damage from previous unpermitted activity. After discussion, the board voted to order an independent drainage study and continued both the special exception and a related variance application (Z25-24) to May 12, 2026.
Consent Calendar
- No consent calendar items were addressed; the board opted to postpone approval of previous meeting minutes to the next session.
Public Comments & Testimony
- Anne Maurice Scott (323 Hackett Hill) – Direct abutter. Expressed concerns about trust due to a prior 2007 disturbance; worried about ongoing mitigation after DES's two-year period, encroachment of berms on her land, dead trees, and inability to use her property for hunting and recreation. Asked for recourse to have brush/debris cleared.
- Roger Bellisle (274 Hackett Hill, also owns 319 Hackett Hill) – Stated he did not create new roads; the area was historically quarried and used for timber staging. Reported dead trees on his property (about an acre) and water ponding in quarry holes, but said water does not run off his property. Noted prior flooding from the subject property caused tree damage.
- Harold Murray (311 Hackett Hill) – Lived there 93 years. Reported severe water runoff from the subject property that washed gravel into his driveway, created ice, and required town intervention. Opposed any plan that does not address where water will ultimately go.
- Doris Manning (317 Hackett Hill) – Submitted photos of unprecedented flooding in her front yard, which created ice dams and forced town to remove a culvert cover. Water entered her basement. Noted that a neighbor (Roger) spent his own money to dig a trench to mitigate flooding. Said the property owner built without permits and caused neighborhood harm.
- Claire Blyle (274 Hackett Hill) – Former zoning board employee. Stressed that laws are made to be obeyed; the owner's actions were wrong and abused neighbors.
- Michael Manning (317 Hackett Hill) – Added that the owner's representatives claimed they spent money fixing a problem they created; sought information on potential punitive damages or town cost recovery for road repairs. Expressed no sympathy for the applicant.
Discussion Items
- Special Exception Z25-23 (Wetland Crossing) – Attorney Luke Krauss and wetland scientist Damon Burt presented. They detailed the history: an NH DES wetland restoration plan approved June 2025, a DES wetland permit (file #2025-02098) issued February 20, 2026 for a 3,240 sq. ft. crossing with three 24-inch HDPE culverts. The crossing is needed to access the rear four acres of the seven-acre parcel. They argued the crossing is the least impacting option and DES concurred.
- Board Questions & Concerns – Members probed the timeline (restoration started without town approval), the adequacy of the culvert design, impact on neighboring properties, and the condition of remaining berms. Roger Duhain and Ann Stelmack raised concerns about water management, impervious surfaces (existing building and gravel areas), lack of drainage calculations, and the need for the special exception to meet eight additional criteria under Article 18E. The board noted that while DES has jurisdiction over wetlands, the town must ensure no adverse effect on neighbors.
- Letters from Planning Board and Conservation Commission – A planning board memo dated February 4, 2026, stated the mitigation plan is sufficient for granting a special exception. A conservation commission letter dated February 10, 2026 expressed concerns about ecological impacts and requested involvement; the board interpreted this as not constituting the written approval required by ordinance.
- Order for Independent Drainage Study – After extensive debate, the board voted unanimously (5-0) to request a drainage study for 325 Hackett Hill to understand water dispersion from the property, including the effect of existing berms. The study will be conducted by an independent engineer and reviewed by the town's engineer.
- Continuation of Both Applications – The board continued Z25-23 (special exception) and Z25-24 (variance from Article 18E for wetland buffer) to May 12, 2026, to allow time for the drainage study and for the applicant to obtain written approval from the Conservation Commission.
Key Outcomes
- Motion to Order Drainage Study – Passed unanimously (5-0). The study will analyze water flow on the parcel, including berm impacts.
- Continuation of Z25-23 – Continued to May 12, 2026.
- Continuation of Z25-24 – Continued to May 12, 2026 (not yet opened for public hearing).
- Administrative Note – Board discussed upcoming reappointments (several members' terms end in June) and agreed to follow up with the town administrator.
- Adjournment – Meeting adjourned after approximately 9:00 PM.
Meeting Transcript
Good evening. I like to call the Hooksit Zoning Board of Adjustment to order. If we could please rise for the Pledge of Allegiance if you're able. Okay, we'll start off with attendance and introduce the board. Tom Chestnard, Matt St. Pierre, Richard Barum. Ann Stelmack. Roger Duhain. Tim Stewart. Okay. So it looks like we have one, two, three, four, or five. So yeah, we have a full board. So better than last month. No, he's yeah. So we're good. Yeah. So okay, so we'll hold off on the minutes. We'll do all those sets next month. So I guess we'll get right to it. Um and we'll continue the public hearing for uh Martin Bernard. That's Z25-23, which is 325 Hackett Hill. This is a special exception from Article 18 section E. This is to permit a wetland crossing to allow access to the upper rear um portion of the property. So if a representative wants to come up. And what I'll have you do is just both state your names and address or affiliation. Uh and we'll put that on the record. Uh my name is Luke Krauss, and I'm an attorney with Stebbins Bradley on behalf of Mr. Bernard. Great to be here. Welcome. Damon Burt, Fragle Rock Environmental representing uh Marty. Bernard. The fourth. The fourth, yes. Okay, so we'll start with a special exception. And if my memory serves me right, we we did not we scheduled the site walk, we we took the site walk, you were at the sitewalk. Sure was, yeah. Cold, icy. It was a fun site walk. Um but we're all still standing, so that's the good news. Um, and and the three of us that attended the site work was was Matt, um Mr. Barham, myself, and Mr. Doham. So we were there. Um why don't you walk us through the special exception? Because you've never gone through the application, so we'll have you read everything into the record or or you're the attorney. I don't know who's doing what you're doing. I'll read it through. Yeah. Okay.
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