Hooksett Zoning Board of Adjustment Meeting – August 11, 2026

The Hooksett Zoning Board of Adjustment convened at approximately 6:37 PM on August 11, 2026, with all four regular members present (alternate absent). The meeting included a continued public hearing for Martin Bernard (case Z25-23) focusing solely on a special exception for a wetland crossing after the variance request was withdrawn, a scheduling discussion for Branton Properties (cases Z26-17 and Z26-18), and an initial hearing for Jackson McCormick (case Z26-16) seeking a side‑yard setback variance for a garage.

Consent Calendar

• Minutes of July 14, 2026: Unanimously approved on a voice vote (all ayes, no nays).

Public Comments & Testimony

• Matthew and Anne Marie Scott (north abutter, 323 Hackett Hill Road): Strongly opposed the special exception. They cited ongoing sewage dumping, trespass, encroachment, and devastation of over an acre of their land. They withdrew any permission for the applicant to enter their property and expressed that the special exception criteria had not been met. They questioned the lack of a survey and stated they would consider legal action.
• Roger and Claire Bellyle (nearby neighbor, not a direct abutter): Reported that their wetlands had been destroyed (all trees dead) due to the flooding caused by the applicant’s actions. They asked who would be responsible for removing the dead wood and replanting.

Discussion Items

• Continued Public Hearing – Martin Bernard (Z25-23):

  • Attorney Lick (new counsel for the applicant) stated that the variance request had been withdrawn; the only request before the board was a special exception for a 12‑foot wetland crossing (three 24‑inch HDPE culverts). The crossing is needed because wetlands completely bisect the 7‑acre parcel, and the rear half is dry upland without alternative access.
  • The applicant’s experts (Damon Burt of Fraggle Rock Environmental and Katie Weiss of Bedford Designs) explained that DES had approved the wetland restoration plan and the crossing. The berm that caused flooding had been removed, and water flow is being restored.
  • The town’s engineering consultant, Keach Nordstrom (Jason Lopez and Steve Keach), presented a drainage review dated August 10, 2026. They noted unresolved concerns: the pre‑ and post‑development drainage areas differed by 1.67 acres; the grading changed after the original violation; head walls/trash racks were recommended but later deemed impractical due to amphibian passage requirements; and debris accumulation in the culverts could be a long‑term issue.
  • Board members questioned whether the restoration would prevent a recurrence of the public nuisance (icing on Hackett Hill Road). The applicant’s experts assured that the lowered crossing elevation (approximately 422 ft) would keep water from backing up, and that the wetland was already recovering.
  • Special Exception Criteria (Article 18E and Article 24D): Board members deliberated at length. Some members struggled to separate the past damage (nuisance/hazard) from the proposed crossing. Ultimately, a majority found that the crossing itself would not create a new nuisance or hazard and that the criteria were satisfied.

• Branton Properties (Z26-17 & Z26-18):

  • Brandon Roy explained that he is being deployed and requested accommodations. The board agreed to schedule a site walk on August 29, 2026, at 9 AM and to continue both cases to a special meeting on September 1, 2026, to allow his participation.

• Jackson McCormick (Z26-16) – Variance for Garage Setback:

  • The applicant sought a 15‑foot side‑yard setback variance (from 20 to 5 feet) to build a 30×35‑foot garage with a 10‑foot lean‑to. During discussion, it became clear that a front setback variance was also needed (the town requires 35 feet from the property line; the garage would be about 30 feet from the centerline). The board advised that two separate variance applications are required.
  • No public testimony was offered; the applicant’s neighbors were present but did not speak.
  • The board was preparing to deliberate on the side‑yard variance when it determined the matter was not properly noticed for both variances. The item was not voted on; the meeting adjourned without a decision, implying it will be continued to a future date.

Key Outcomes

• Martin Bernard (Z25-23) – Special Exception Approved: Motion carried 4‑1 (Member Tom voted nay). Approved subject to the following conditions:
  1. Wetland and wetland buffer markers shall be installed every 50 feet or less on steel posts 36 to 48 inches high.
  2. Plantings in the wetland and wetland buffer shall be monitored by a certified wetland scientist through fall 2028, with annual reports submitted to the town in 2026, 2027, and 2028.
  3. Only native plants shall be introduced to the buffer, with no mowing or disruption.
  4. The applicant shall monitor and maintain the hydrological connectivity of the wetlands, including clearing debris from culverts and the surface of the crossing, and maintaining erosion control.
• Branton Properties (Z26-17 & Z26-18) – Continued: Cases continued to September 1, 2026; site walk scheduled for August 29, 2026, at 9 AM.
• Jackson McCormick (Z26-16) – No Decision: The board identified that a second variance application is needed. The matter was not resolved; likely to be continued to the next meeting.