June 4th 2014 Meeting of ZBA Rye NH
Time stamps below indicate highlights of the meeting
members- Chair Jarvis, Clerk Dibble, members Crapo, Weathersbee, Hoyt.
0:08 1st case Toner 1296 Ocean Blvd Map 17.3 lot 65; remove non-conforming
Building, build new; side setback 0’ 20’ needed; AC and generator
9.9’ proposed, generator 6.2’ wanted 20’ needed; lot coverage 43.9%
wanted 30% needed.
0:10 Atty Phoenix; Don Quirk, manager/abutter, Chagnon of Ambit Eng.
0:12 FEMA drives building height 14’ and 4’ needed above that.
0:16 Lot coverage request slightly over.
0:17 Septic discussed. No variances though half-sized, reduced grade, no pump.
Abutter view improved.
0:19 Ch. Jarvis questions on LP tank. North side tank to be removed.
0:23 Chagnon : ‘buried tank’.
0:24 Conservation comm. Letter is read, no issues/wetland permits.
0:25 Architect presentation.
0:31 10’ floor to floor.
0:33 Member Weathersbee question on view from the west.
0:34 Atty: 28’ vs. 29’ impact.
0:34 Hoyt question on crawl space.
0:36 Question on FEMA compliance.
0:39 Architect : Hip adjustment helps height.
0:40 Atty. Phoenix recital of how ZBA must go about analysis.
0:42 Code compliance improved. Fire.
0:47 member Crapo question on LP tank placement 3’ from line.
0:52 Questions from public? Any opposed? Brady: Speaks in favor.
0:54 Closes public hearing. Hoyt likes Weathersbee echoes. No view
Block; m. Crapo: fits in.
0:58 Recital of requirements. Clerk Dibble moves to approve all with
Recital of requests. M. Hoyt seconds. Atty : 0.3’ problem a harmless
error. Approved unanimously.
1:03 Felix Ungar, 385 Sagamore Rd. Map 19, lot 59 generator 17’
while 20’ needed. Mike Greg family friend presents.
1:05 Ch. Jarvis : why not site generator where it could be 20 feet?
1:06 Worries about the Marsh.
1:20 Recital by Ch. Jarvis of requirements.
1:22 Weathersbee moves to approve. 15 feet from sideline and
Outside wetland buffer is approved.
1:23 Hollis Capital 24 Robin Rd. Map 20.2 lot 117. Split 38,000
Lot into 23,000 and 15,000 lots, where 44,000 lots required.
1:25 Atty Pelach. Shows that area has 18 larger lots than proposed
and ~ 140 lots smaller.
1:27 Says not trying to unmerge thus ZBA has jurisdiction; hear
variance request, planning to subdivide.
1:29 No deed language prohibiting applicant from seeking
Subdivision.
1:31 No public health either/or test.
1:33 No public benefit to denial.
1:38 M. Weathersbee why lot line zero feet- “just following
old lot line”.
1:46 Any public for of against? John Provincher abutter Parsons Rd.
claims property goes into wetlands.; area maxed out on septic.
Can’t see more houses..
1:50 Atty. Donovan represents Board of Selectmen. History of lots.
1:55 Fights the application will deal with motion to dismiss. Zero
setback – board has never approved such. Bigger lots could
be subdivided on precedent? 15,000 sf.
2:06 Deny variance request / table motion to dismiss.
2:09 Ch. Jarvis closes public hearing. M. Crapo has various issues.
M. Hoyt wished he had more data, echoes m. Crapo.
2:10 M. Weathersbee echoes others. Trying to get away from
small lots. Topographically challenged. M. Dibble road front
issues. M. Crapo : most other homes on smaller lots are
much smaller than applicant house.
2:13 Ch. Jarvis has no disagreement with other members.
Rear yard setback public interest are all “Nos”. Spirit,
Justice, Value diminshment all “Nos”; Special: all Yes.
Hardship all “Nos”.
2:20 M. Crapo motion to deny. Motion passes- straight denial.
2:26 Three River Farms 243 Central Road Map 8 lot 13.
Atty. P Loughlin, Dan Philbrick principal,Eric Weinraub.
2:30 Few pieces, zoned for commercial, no vernal pools. Remove
Building replace with colonial farmhouse look. 78,000 sf lot.
Remove 2300 sf footprint, replace smaller footprint but 2 story.
60’ septic vs 75’ needed. 9’ parking spaces.
2:34 Any building size a challenge. Dan Philbrick speaks.
1953 a Mobil Station built by dad. Wants ‘fitting’ building
Maybe a local bank a tenant. Parking in back for the look.
2:40 Any opposed or favor? 119 Central favors, Mike Sargent
Favors, 261 Central favors. 110 Locke Philbrick – good
Project history. 208 Central Mike Moody likes but worried
about scale.
2:42 Area behind ‘highly disturbed’. Various other bd. questions.
2:51 Has been disturbed for 50 years.
3:00 Discussion of haircut prices in old days. M. Dibble: “responsible
project”.
3:05 Recital of septic and wetland points.
3:06 Enforcement of building code manifest injustice? All ‘yes’.
M. Weathersby motions for relief. All agree.
3:07 Motion on variances.
3:08 M. Weathersbee moves to grant, 2nded and approved.
3:11 Board discussion of having applicants post signage of meeting
Similar to many other towns. Most think helpful. Who should
physically post? Will applicants post sign appropriately? Kim Reed
town planner “ need to get down to process.
3:28 Adjournment.
