RCL June 4, 2014 ZBA Notes and time stamps

J une 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


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


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.


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