March 2016 Meeting Notes from the RCL:Â RyeConComNotes031716revBfinal
File for Civic News: Â RCL CC Notes Feb. 20 2016
RCL Notes, Conservation Commission, Meeting Thursday, February 18th, 2016.
- Wetland Applications: 1313 Ocean Blvd, Lot 1, Ocean Wave, LLC – Ambit Engineering.
Steve Riker, from Ambit Engineering, stated that the proposal is to tear down the existing structure, which is a rental unit with 8 bedrooms, and to build 3 units: two of them 3 bedroom units and one of them a 2 bedroom unit. Each unit has a deck in the rear and a balcony in the front. There is a reconfiguration of the driveway and parking area. All 3 units have their own garage.
Member Jaci Grote asked if the units are going to be condominiums?
Steve Riker implied that the plan is to build the units with the intent of turning them into condos in the future; each unit is being built with its separate utilities: separate gas, water, and electricity service. The septic tank will be removed and a new “advanced†septic tank will be put in place to meet the needs of 8 bedrooms.
Chair Sally King asked if there were a reason why they were not turning them as condos upfront. Steve Riker replied that he did not know for sure, that “it was kind of a legal thing†stating that Attorney Peter Loughlin will be representing the applicant. He stated that the property is located in the commercial district. (Editor’s notes: see March 2, 2016 ZBA agenda, item 2, for the variance relief requested from the applicant. The agenda indicates that the property is located in the business and coastal overlay districts. ) http://www.town.rye.nh.us/Pages/RyeNH_ZBAAgenda/2016%20Agenda/BOA%20March%202%202016.pdf
Steve Riker stated that the current septic is 48.5 feet away from the wetlands and that the proposed will be 76 feet away from the wetlands.  The current structure is 7.4 away and the proposed structure will be 46.6 feet away from the wetlands.
Member Suzanne McFarland stated that there were some issues with the existing structure in terms of the use, such as too many occupants.
Steve Riker went over the plan in regards to the storm water management stating that there will be a rain garden collecting the runoff as well a buffer planting area between the marsh and the structure.
Members of the board asked questions about the outdoor showers. Steve Riker replied that “they did not expect a ton of use from them†and that they will be only used for 3-4 months out of the year. The outdoor showers are located underneath the decks. The water from the showers will be draining on the ground. No provision has been made to collect the water.
Steve Riker stated that the applicant is interested in having a landscape buffer with an abutting property but does not want to commit yet.
Steve Riker stated that another concern is regarding the existing parking. The new plan will make it better.
Chair Sally King stated that it was large [the structure].
Member Suzanne McFarland stated that she had seen the ZBA notice regarding the property and that the height would be increased. Â The request is for 33 feet, which requires variance relief, as the maximum height allowed is 28 feet in the overlay district.
Stever Riker stated that the current structure is 4275 square feet and that the proposed structure will be 3041 square feet, which is smaller. However, members noted that the height of the building is increasing, which makes it look bigger.
The proposed structure is Fema compliant, with no basement and to be built on a slab.
A site walk was planned for Tuesday, March 1st, at 5:00 PM.
- Wetland application: 2250 Ocean Boulevard – Ambit Engineering.
Steve Riker began by describing the plan. It is a site redevelopment with a tear down and a rebuilt.  There were some questions about the location of the proposed propane tank.  Steve Riker stated that it was a good question as it should be located on the plan. It should be buried. Steve Riker did not know what was the extent of the variance relief request as the applicant is coming before the ZBA on March 2nd, for variance relief. (Editor’s notes: see ZBA March 2, 2016, item 4, for the variance relief requested from the applicant) http://www.town.rye.nh.us/Pages/RyeNH_ZBAAgenda/2016%20Agenda/BOA%20March%202%202016.pdf
There were more questions regarding the location of the propane gas tank. Member Jaci Grote pulled out the ZBA agenda for March 2nd from her iPhone, which was difficult to read, to find out what was the extent of the variance relief and if it included a variance for the propane tank.
A site walk was planned for Tuesday, March 1st, at 5:45 PM.
- Town Forest Trail Committee.  This item was moved ahead of “Monitoring Town Properties†to allow a member of the public, Shawn Joyce, to express his interest in joining the Town Forest Trail Committee, which is to be created as a subcommittee of the Conservation Commission.
Shawn Joyce stated that he would like to join the Town Forest Trail Committee. (Editor’s notes: Shawn Joyce was in attendance at the January meeting and had written a letter to the CC voicing a number of complaints/concerns regarding the management and the public use of the Town Forest, in particular expressing his concerns for the recent addition of bog bridges on the trails). Chair Sally King stated that it is the first time that the CC is creating a subcommittee and that she is not sure on how to go about it. She is planning for at least one member of the CC to be part of the subcommittee and will reach out to other people who have demonstrated an interest in joining.
Shawn Joyce would like to make sure that more kiosks would be added so people who walk the woods are better informed. Some discussion followed about how to move some of the trails away from the wetlands so that there would less need for bog bridges.
Member Jaci Grote suggested that it would be a good idea if one of the members who participated in the work done installing the bog bridges would be part of the subcommittee. As an expert from the Appalachian Mountain Club (AMC) directed the work/construction of the bog bridges, she suggested having that person come back to guide them. Chair Sally King replied that they come from the North Country and that you would have to pay them [the AMC experts].
Member Jeff Gardner stated that the subcommittee could assess what has been done and what has been proposed and start to prioritize, and then have an expert for one session and then present a plan/proposal to the Commission. He stated that he would like to be involved.
Shawn Joyce would like to take the town map and locate the bob bridges and take into consideration what would be the best location for them.
Chair Sally King stated that they try very hard to not have trails close to abutting properties.
Shawn Joyce is concerned that the Rye woods are being turned into the Rye parks. In the middle of the winter, dogs are popping on the trails. He believes there is a need for more education and to spread the use of the Town Forest, as opposed to concentrate the use in one location.
Chair Sally King stated that people are using the woods.
Member Jim Raynes talked about the Rand parcel. Chair Sally King followed by stating that there are almost 30 abutters to the Rand parcel, which is the reason that they have concerned with such activity, as hunting.
Sally King has talked to DPW, Dennis McCarthy, to increase parking in some areas to improve accessibility in other parts of the Town Forest.
A motion was made to elect member Jeff Gardner as a representative of the CC serving on the Town Trail Forest subcommittee.
- Monitoring Town Properties.
Chair Sally King stated that the Southeast Land Trust (SELT) has written a letter stating that they will no longer monitor the easements in which the Town of Rye are the grantees. In the past, SELT has monitored the easements on a yearly basis.
She stated that the CC needs to be better organized and that they have a duty to monitor the properties on a yearly basis.
Member Jaci Grote offered to be responsible for this task.
Peter Crawford, a member of the public asked if photos are going be taken to document the land. He also made a case for having well documented files for each property.
- Correspondence
Member Jeff Gardner read the letter into the record. Rob Wright, who is an abutter to the Rand Lumber property, wrote a letter to the CC, which was copied to the Board of Selectmen, stating that he was unable to attend the February 18th CC meeting but that he would be attending the March meeting to answer any questions. He asked that his letter be read into the record. In his letter, he requested that the soon to be accepted conservation easement on the parcel adjacent to the new Sea Glass Development include a use provision including hunting. He understands that this is not the current intent and he petitions the members of the CC to do the following. Namely, he is proposing a shared used with hunting allowed during specific times during hunting season. In his letter, Rob Wright makes a case for controlling the population of Eastern coyotes in this parcel stating that recently there have been a number of incidents where pets have been attacked and killed. It would help reduce nuisance specie by allowing hunting. He also makes a case that hunting would help reduce the deer population and the incidence of tick born illness, stating that his son has had Lyme disease twice. Responsible hunting is a proven method of managing wildlife resources. The letter concludes by encouraging the CC members to enact his proposal for a shared used of this conservation parcel, by allowing hunting, which he describes as a historical rural activity.
Chair Sally King stated that allowing hunting would be an issue on this property.  Her parents lived for 37 years in proximity of this parcel and historically there have been few instances of hunting on this property, as it was private land. She went on to say that the property is surrounded by properties, estimating that there were 27 abutters around a 73 acres parcel of land, and even if it seems like a large parcel, it is surrounded by properties.
Member Jaci Grote stated that her concerns are that the intent for this land is to take some of the traffic away from the Town Forest to the new conservation land. She felt that there are responsible hunters, however, it would be hard to determine which parts of the forest are safe or not for hunting.
Members discussed at length issues regarding hunting on a parcel that is surrounded by properties.  Member Jeff Gardner asked if the CC could ask Fish and Game what are the guidelines in regards to hunting in a densely populated area. Chair Sally King will be contacting Fish and Game as well as the Selectmen.
- New Business
Member Susanne MacFarland suggested that it would be helpful for the members to have more information describing the items on the agenda, specifically in regards to variance relief for applicants coming before the ZBA with a wetland application. Chair Sally King replied that Diana Ledger write the agenda for the CC. She will contact Kim Reed, Planning and Zoning Administrator, or Peter Rowell, to ask that they receive such information.
7.  Non-Public Session per RSA 91-A:3. II (d) Acquisition.
