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Zoning board approves Chapel Tractor variance to place display area inside 65‑foot wetland buffer
Summary
Brentwood's ZBA granted Chapel Tractor a variance to expand a vehicle display area within a 65‑foot wetland buffer to a man‑made pond, conditioned on distances shown in the plan set and further planning/engineering review; the applicant proposed removing existing structures and invasive vegetation.
The Brentwood Zoning Board of Adjustment approved a variance allowing Chapel Tractor (owners Don and Ted Higgley) to extend a vehicle display area into a 65‑foot wetland buffer around a man‑made pond, subject to conditions tied to the plan set and subsequent site‑plan review.
Christian Smith, an engineer for the applicant, told the board the pond was excavated decades ago and that existing buildings and an older septic system currently occupy portions of the buffer. Smith said the proposal would remove the house and ancillary commercial building, expand a gravel display area (not paved), and include invasive‑species removal and wetland‑appropriate plantings "to improve the overall health of the pond."
Smith argued the request would not be contrary to the public interest because the plan removes older, nonconforming structures and proposes gravel rather than impervious pavement; he emphasized there would be no fueling or mechanical work in the display area and that vehicles would be new inventory with low leakage risk. He said the Conservation Commission's letter did not oppose the application and that the proposed mitigation planting uses a New England erosion control mix suitable for buffer planting.
Board members queried whether other zoning rules (a 125‑foot pavement setback and rules limiting outside storage of goods near the road) would apply once the project advances to planning board site‑plan review. Christian Smith and staff said site‑plan and engineering questions would be vetted later by the planning board and the town engineer; the variance before the ZBA addressed only the wetland‑buffer provision cited in the application.
A member moved to approve the variance from section 002006.001B with distances and conditions shown on the plan set; the motion was seconded and the board voted in favor. The approval was recorded on the record; the transcript logs vocal assent and notes that the town engineer and planning board will review site‑plan details.
What happens next: the applicant must return to the planning board for site‑plan review and obtain any required state or DOT approvals for driveway/driveway access and tree/line‑of‑sight issues noted by DOT.
