ZBA April 3, 2014 RCL Notes


Final Revision A – Provided by the Rye Civic League

Present from ZBA:  Ray Jarvis, Paul Goldman, Patty Weathersby, Burt Dibble, Alternate Charles Hoyt.

6:59 Pledge of Allegiance

7:00 Goldman nominates Jarvis as Chairman.

Motion passes no dissent.

Jarvis nominates Goldman as Vice-Chairman.

Motion passes no dissent.

Jarvis nominates Dibble as Clerk.

Motion passes no dissent.

7:02 March minutes review. Errors fixed.

7:07 Sean Crapo arrives — not in official vote.

7:08 Postponements announced:

Webster at Rye, 795 Washington Rd., Map 11 Lot 52 and 56.  Variance Article III s. 301.8 A , B1 and B7 13 feet further into wetlands vs. 75 foot buffer needed, 62 feet proposed.  Special exception Article II 203.2 C.

William Toner, 1296 Ocean Blvd., Map 17.3 lot 65.  0 foot setback proposed 20 feet needed. Coverage 43.9% proposed 30% allowed.

First case heard:

Petralia, 25 Appledore Ave., Map 19.4, Lot 52. Variances to Article VI, Section 603.2, to remove an existing non-conforming building and construct new; Article II, Section 204.3C front yard setback where 13.4’ exists, 13,8’ is proposed and 30’ is required; Article II, Section 204.3B side yard setback where 3.6’ exists, 6’ is proposed and 20’ is required; Article III, Section 304.5 building coverage where 100’ is 13.4% exists, 16.4% is proposed and 15% is permitted; Article III, Section 301.8B (1) for fill 90’ from wetland buffer where 100’ is required; and Building Code Relief from Section to permit septic system approximately 8’ from side line where 20’ is required.  Property is in the General Residence, Coastal Overlay and Wetlands Conservation Districts.  Case #06-2014.

7:09 Weathersby recuses herself – Hoyt sits instead.

Atty Tim Phoenix, John Chagnon,  Ambit Engineering, Builder Gray.

7:11 Atty- small lot 11,000 sq. ft. hard to do anything without relief.

7:13 Ledge forces septic.

7:14 Brought back from last month due to bulking concerns.

7:16 New roof essentially the same height.

7:18 re:  bulking from street view analysis.

7:20 Atty: solicits comments from builder/engineer.

7:22 Recital of Items of Consideration.

7:28 It remains a residence.

7:29 Goldman- changes in runoff?

7:30 Gravel driveway taken out smaller/focused.

7:31 Perviousness won’t change.

7:32 Dibble: garage close to street. Cupola imposing?

7:33 Jarvis: 1500 sq. ft. to 1841 sq. ft.

7:34 Two sets of figures?

7:38 Anyone opposed?

John McKuen 30 Appledore –not aware of last month’s mtg.

Petralias said simple cape. Not so. Too large. What’s a bonus room?

Wife worried about view — marsh gone.

7:39 Judy Krespack 26 Appledore not opposed to house — what about

Garage? 11 ft becomes 22 ft garage.

Kathyrn Kuhn 30 Appledore concurs with Judy. Total view block.

31 Appledore – Sue – Don’t know much about things. “I look through

his house” – My light totally affected — cellar floods.

7:45 “Petralias want tasteful”. Views to the marsh — can’t see the marsh.

2/3rds of work can be done as of right. Fair and reasonable, surprised

by neighbors.

7:46 Mara Helen Hill 14 Appledore — letter — neither supports nor opposes —

has not seen plan. Her summer of 2009 teardown — she was tasteful and


7:53 Some Atty mention of support. Street has variety of sizes — big/small


7:56 18,000 cubic ft to 29,000 cubic ft.  1516 sq. ft. to 2866 sq. ft. heated. Significant

bulking  — from bd member.

Atty – section 603 somewhat internally inconsistent. Doesn’t contemplate


8:01 Questions on definition of half-story.

8:03 Public hearing closed.

Judy shows a picture. The ‘simple cape’ gentleman restates views.

8:06 Hoyt: ambitious but better than 1st go around.

8:07 Dibble:  after construction consideration to biggest house on street.

8:09 Shawn:  questions of reasonableness.

Over domineering, view impacted. Not modest, Other big house did not impact view.

Only supporting neighbor has no view impact.

8:14 Goldman:  problem with garage not house.

8:21 List of variances requested.

Contrary to public interest? Spirit observed? Substantial justice done? Diminishes

Other values? Special conditions? Relationship of public interest. Reasonableness of

proposal.  Therefore is there hardship?

6 603.2 All no votes causes Dibble to ask if other variance requests are moot. Jarvis points

out applicant entitled to full vote as that has value to applicant.

8:26 Front yard setback all no votes.

8:27 Side yard setback- lost.

8:28 Building coverage of lot – Goldman yes, others no.

8:31 “fill”  3-301.8.b.1  Dibble, Crapo no others yes.

8:34 Septic – majority approves.

8:36 Shawn Crapo motion to deny variances that did not get majority of yes votes. Dibble seconds.

8:37 Goldman motion to approve fill and buiding code septic.

8:41 Kim Reed. Weathersby seated, Hoyt out. Cummins Realty Map 19.4 lot 46.

Allen Cummings, 46 Appledore lot line adjustment.

8:43 Jarvis notices an error.

8:46 Peter Laughlin starts. Crapo — motion to grant relief per corrected notice.

Dibble- unanimous vote in favor.

Second case heard:

Derby – 11 Manor Drive

8:51 desire for generator, back yard all ledge. Just inside fence. Russ Buckholz prop. Mgr.

Power outages. Needs 5 feet from building for safety.

8:56 question on fuel tank.

9:02 Weathersby – motion to approve variance — unanimous.

9:03 Toner continued.

Third case heard:

9:04 Carters 620 Wallis rd . Atty Phoenix.– thus Hoyt in, Weathersby out.

Sarah Hoerihan – Chagnon presents site plan. All conforming healthy changes except small

sliver piece.

9:06 Tasteful.

9:12 Motion to approve unanimously.

Fourth case heard:

Craig Layman for property owned and located at 81 Central Road, Tax Map 12,

Lot 32 requests Variances to Article VI, Section 603.2 to demolish an existing barn

and replace it with a garage and connector; and Article II, Section 203.3B side yard

setback for addition 5.6’ from the side stonewall where 20’ is required. Property is in

the Single Residence District. Case #: 12-2014.

9:13 Weathersby reseated. Hoyt out. Craig Layman – spelling?

9:15 Barn to garage. Has very small barn/shed on narrow lot.

9:18 talk of siding and septic.

9:20 question of old vs. new right on top of each other.

9:23 lot line 492 feet deep. Pavement?

9:24 Weathersby – connector height relief.

9:28 Question of complete application. Is demo involved. Peter’s denial letter.

9:33 Dan Schwegle letter. Concerns on vertical wall, impression, debris, rock wall.

9:39 Discussion of conditional approval.

9:41 Massing and length of one wall.

9:45 Dibble motion to approve conditioned on septic — unanimous.

Appointment of Alternates

9:46 Questions on alternates. Last year Driscoll wanted to be one. Dibble

Motion to nominate Driscoll. Goldman : how many, we only have Charlie.

Crapo seconds — unanimous approval Driscoll as alt.

Greg Mikolaities asks to be alternate. Engineering company owner. Kim Reed

Recommends. Crapo motions to appoint – passes unanimously. Kim question

on process. Stagger terms. Weathersby – 3 years. Jarvis – keep it simple.

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