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ZBA approves Dudleys’ garage variance near wetlands at 147 Mitchell Road
Summary
The Nottingham Zoning Board approved a variance allowing Robert and Angela Dudley to build a garage closer to wetland soils than the ordinance allows, after the applicants submitted a wetland assessment and mitigation measures including infiltration trenches and habitat features.
The Nottingham Zoning Board of Adjustment voted unanimously July 21 to grant Robert and Angela Dudley a variance to build a two-car garage at 147 Mitchell Road, placing the structure 21.7 feet from poorly drained soils and 25.4 feet from very poorly drained soils where the town’s ordinance requires 50-foot and 75-foot setbacks, respectively.
Brett Allard, attorney for the Dudleys, told the board the applicants sought “two variances to be within the wetland buffer” and presented new materials following a prior continuance. Eric Salovich of Northam Survey said the team engaged wetland scientist Sergio Bonilla of Mission Wetland to prepare a wetland function-and-value assessment and to meet with the conservation commission. “We did engage Sergio Bonilla to do some additional analysis and assessment and then also provide recommendation,” Salovich said, describing plan revisions that add infiltration trenches on both sides of the garage to capture roof runoff and proposed brush piles and nesting boxes to enhance habitat.
The conservation commission’s July 15 letter—distributed to the board and entered into the record—recommended leaving the existing shed in place in some scenarios because moving it could cause greater disturbance, though the applicant’s plans show both the existing and a relocated shed option. A builder for the Dudleys spoke in support of the application during the public comment period.
After board members confirmed the conservation commission’s recommendations and reviewed variance criteria, member Terry Bonzer moved to approve Case 26-004; the motion was seconded and the board voted to approve. The chair noted the standard 30-day appeal period. The approved plans incorporate the proposed infiltration detail and mitigation plantings described to the board.
The ordinance citation in the application is Article 3, Section B.2 of Nottingham’s zoning ordinance; the variance approval, as read into the record, covers the construction of the accessory structure as requested.
