Town Meetings Zoning Board of Adjustment

RCL June 4, 2014 ZBA Notes and time stamps


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 lineâ€.

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 “Nosâ€. Spirit,

Justice, Value diminshment all “Nosâ€; Special: all Yes.

Hardship all “Nosâ€.

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

projectâ€.

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.