Brentwood Zoning Board approves variances to allow subsurface disposal system at REPrescott site

The Brentwood Town Zoning Board voted to approve two variances allowing a subsurface disposal system (septic) to be installed on a redevelopment site where the surface soils are not “natural” and where a 4,000-square-foot contiguous reserve area is not available.

The variances — relief from Zoning Ordinance Article 400.005, sections 0.002 and 0.007 — were granted after the applicant’s attorney and project engineer described test pits showing 24 to 52 inches of fill material above the seasonal high water table and explained that the only practical leach-field location on the property is roughly 1,000 square feet. The board also approved an extension of a variance previously granted on 12/18/2023.

The proposal comes from representatives of REPrescott Company Inc.; attorney Kevin Baum of Hoffel, Phoenix, Gormley & Roberts, PLLC, said the proposed system is state-compliant but requires local relief from the two ordinance items to obtain the final state septic permit. “The proposed design is fully state compliant,” Baum said.

Why it matters: the board’s action removes a local permitting obstacle so the applicant can pursue the final New Hampshire septic approval. Planning-board review and several state reviews were already completed, board members said; the variance addresses two technical requirements that apply differently on redevelopment sites with previously disturbed soils.

What the board heard The applicant’s team said the site was developed previously (campground and later the “castles” development) and that previous construction left a layer of engineered/fill soils rather than undisturbed natural soil. Emmanuel Engineering and Associates’ project engineer described test pits that found between about 24 and 52 inches of soil above the seasonal high water table but said much of that soil is not “natural” as the ordinance contemplates. The engineer said the chosen leach-field location is the best practical spot on the parcel and that moving the system into the larger conserved area on the property would require changing conservation restrictions.

Board members pressed on the purpose of the 4,000-square-foot reserve area and on failure scenarios. A member noted that, in practice, many failed septic systems are replaced in the same location rather than moved to an alternate site. The applicant acknowledged the site cannot meet the 4,000-square-foot reserve standard because of wetlands and other constraints but said modern systems (the applicant described an “enviroseptic” approach) can use less space and provide additional treatment.

Formal actions and votes - Extension of prior variance (variance originally granted 12/18/2023): motion approved by the board. The board recorded the motion as passed. - Variances under Article 400.005, sections 0.002 and 0.007 to permit (1) less than 12 inches of natural soil above the seasonal high water table and (2) a reserve area smaller than 4,000 square feet for a subsurface disposal system: motion to approve carried unanimously by the five members present (5-0). The board chair indicated a notice of decision would be prepared and available for signature the following week.

Discussion vs. decision Board members and staff described the matter as a redevelopment technicality: while the site meets state design standards and several state and local reviews had been favorable, the town ordinance’s literal language assumes undeveloped ground. Several board members said that, for redevelopment sites, the planning board may need to consider adjustments to future ordinance language; however, the board’s action tonight was limited to granting the requested variances. The board did not adopt any change to the ordinance.

Next steps With the local variances and the extension approved, the applicant may resume the state permitting process for the septic system. The board clerk said a formal notice of decision would be prepared for signature the next week.

Sources: meeting transcript of the Brentwood Town Zoning Board; presentations by the applicant’s attorney Kevin Baum and project engineer Bruce Scammon (Emmanuel Engineering and Associates).