Town Meetings Zoning Board of Adjustment

ZBA RCL Meeting Notes Oct 1, 2014

NOTES OF OCTOBER 1, 2014 RYE ZONING BOARD OF ADJUSTMENT MEETING

Final Revision B – Provided by theRyeCivic League

Present from the ZBA (clockwise around table):  Clerk Burt Dibble, Shawn Crapo, Chairman Ray Jarvis, Vice Chairman Paul Goldman, Patty Weathersby.

Also present:  Planning Administrator Kim Reed.

Editor’s note:  For ease in finding particular sections using the archived video and audio on the Town website, the elapsed time is indicated.  Use the slider and the elapsed time indicated at the bottom of the video window to fast forward to the desired section.  Videos on the Town website may currently be accessed at www.town.rye.nh.us by clicking on “Town Hall Streaming” at the bottom left of the screen.  Follow the link for “Town Hall Live Streaming,” then find the meeting by date under “Previous.”

The video starts at 7:01:48 p.m. (0:00 elapsed)

Preliminary matters (0:00 elapsed)

Pledge of allegiance, approval of minutes and ground rules.

Case 40-2014 Dan Holt for property at 306 Pioneer Rd. (0:17 elapsed)

Zoning Ordinance 301.8 B 1, B 7, demolish house and garage, rebuild 68 feet from buffer where 100 feet is required.  Board votes to grant variance approval.

Case 30-2104. Dwight Tuttle for property at 50 Jenness Ave. (0:41 elapsed)

Administrative appeal per Zoning Ordinance section 701.1 of request to restore lots 63 and 100 to their pre-merger status per RSA 674:39-aa, Restoration of Involuntarily Merged Lots.  Attorney Keane argues that, had Patricia Dowling not had to have an attorney reverse in part the Town’s forced merger of four nonconforming lots of 5000 sq. ft., ultimately leaving two 10,000 foot lots, each with a structure, in 1991, they would not be here tonight.  Board questions center on Dowling actions and whether she implicitly acquiesced to the merger action by the Town.

(1:13 elapsed)

Town Attorney Donovan makes arguments in opposition to administrative appeal, supporting denial of the unmerger.  He argues that the Supreme Court ruled that physical characteristics can show an intent to treat merged lot as one lot.  Board denies administrative appeal.

Case 41-2014 Kreyciks for property at 19 Triton Drive (2:00 elapsed)

Zoning Ordinance section 603.1 to add to a non-conforming deck and section 204.3 B deck within 10 feet of line where 20 feet is required.  Board approves variances.

Case 42-2014 Carter and Stone for property at 3 Cable Rd. (2:11 elapsed)

Variance to Zoning Ordinance section 204.3 B.  Existing 8 foot by 8 foot shed has been built 5 feet from the property line where 20 feet is required.  Applicant installed not knowing of need to get a variance and that was noticed.  Letter in opposition from neighbor Keane at5 Cable Rd.  He wants shed to be shorter than the fence.

(2:37 elapsed)

Board votes to grant variance stating that applicant needs space and the lot is small.

Case 43-2014 Nathan Dunn, 27 Huntervale Ave. (2:38 elapsed)

Variance to Zoning Ordinance section 204.3 B to relocate shed and add generator four feet from the lot line where 20 feet is required.

(2:50 elapsed)

The Board approved the variance request.

Case 44-2014 Kristen Underwood, 45 Locke Rd. (2:51 elapsed)

Variances to Zoning Ordinance section 603.2 to rebuild non-conforming building and section 203.3C for a shed 3 feet from lot line where 30 feet is required. A neighbor supports. Lightning has taken a heavy toll.

(3:03 elapsed)

The Board approves the application.

Approve signage (3:04 elapsed)

Must be up 7 days before hearing or no hearing. 18×22 inch sign.  Cost:  eight dollars.

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