RCL Notes, Conservation Commission, Meeting Thursday, June 16, 2016
WETLANDS:
1.    Odiorne Drive Condominiums, David Pelletier, 22 and 26 Odiorne Drive, Tax Map 17.3 Lots 11-3 and 11-4 Altus Engineering, Eric Weinrub, P.E. Project #4775 “The applicants are proposing to replace the existing single family detached condominium with a new condominium residence in a slightly different configuration. As part of the additional site improvements a shared driveway will be used for the location of a new septic leach field and the driveway will be located on the opposite side of the structure along with the attached garage. Septic system improvements will include new state of the art pre-treatment tanks and separation of the waste from units #3 and #4.”
James Verra spoke on behalf of the applicant, David Pelletier, as Eric Weinreb from Altus Engineering, could not attend the meeting. Mr. Verra stated that they will be going before the ZBA for variance relief to reconstruct the current house and install a new septic system. ((See ZBA agenda, July 6th, 2016 : http://www.town.rye.nh.us/Pages/RyeNH_ZBAAgenda/2016%20Agenda/BOA%20July%206%202016.pdf)
Mr. Verra stated that various wetland setbacks are required. The proposal is to reconstruct the house and move the septic system further away from the wetlands. The septic system is designed to accommodate both number 22 and number 26 (of the condo), with number 26 for a later date if that unit were to be reconstructed. The septic system report states that it is operating properly and there is no evidence of failure in the current system. Mr. Verra stated that there will be a small increase in impervious coverage and that there will be some re-grading in the back of the property. In his opinion, the site consists mostly of wetlands that have been filled. Drip edges around the house will help promote treatment of runoff
There was some discussion about the pumping ordinance that just went into effect and the fact that the house abuts the Marsh and is Town property.
Member Suzanne McFarland asked if the house was going to be any bigger. The applicant, David Pelletier, replied that the current house is 1400 square feet and the proposed structure is 1800 square feet. Mr. Verra stated that it also includes expansion on the second floor.
A site walk was planned.  The site walk was scheduled forThursday, June 23, at 5:30 PM.
2.    20 Brackett Road, Edward Theobald, Tax Map 22 Lot 87
“To fill in an old man-made fire pond and to return to original open field as pond does not now hold water and is a habitat for ticks, mosquito larvae and invasive plants i.e. purple loostrife in stagnant pools of shallow intermittent and remaining low spots – property now has fire hydrant on site.”
Mr. Theobald, the applicant, explained that they would like to fill the pond with gravel and loam and bring back the area to the original open field. He stated that runoff from the roof has been collected via a number of pipes than went into the pond, to keep the water away from the Marsh.
Chair Sally King stated that it was a type of detention pond.
The board looked at pictures provided by the applicant.
A site walk was planned. The site walk was scheduled for Thursday, June 23, at 6:00 PM.
3.    1314 Ocean Blvd, Jay and Suzanne McFarland owners, Kimberly and Joseph Army, applicants, Tax Map 17.4 Lot 38 TMS Architects, Shannon Alther and attorney Tim Phoenix. Tear down existing house and build new home, new septic, northeast corner of lot take away cement patio and replace with rip rap and native plantings.
Member Suzanne McFarland recused herself.
Shannon Alther from TMS presented the project on behalf of Kimberly and Joseph Army. He stated that the existing house is on the Northeast corner of the lot and just about all the house and patio are within the high tide line setbacks. They are moving the septic system 40 feet away from its current location, which will be closer to the road. There will be a new house and they are maintaining the existing dune grass adding new saltwater tolerant vegetation and riprap. They are going to re-engage/create a riprap vegetation zone throughout but for the beach access. There is an existing concrete pad, which is part of the existing house, that will be removed entirely and they will do some repairing of the riprap.
Sally King asked that if the variance relief was for the height alone. Shannon Alther replied in the affirmative. (Editor’s notes: see July 6, 2016 ZBA agenda, seeking a variance relief for building height: http://www.town.rye.nh.us/Pages/RyeNH_ZBAAgenda/2016%20Agenda/BOA%20July%206%202016.pdf)
They are working with impervious material. He mentioned that there would a “DES setback†in regards to the location of the house. He believes this plan is a good adjustment to the existing site, which is challenging.
Member Jim Raynes asked what was the footprint of the house. Shannon Alther replied that he believes it is around 2640 square feet. The proposed lot coverage is 14.7 % and the proposed building coverage is 10.3 %.
Chair Sally King stated that it was a bigger house but that it was a bigger lot. (Editor’s notes: a lot line adjustment between 1324 and 1314 Ocean Boulevard, owners Suzanne and Jay McFarland, was approved by the Planning Board on March 4th, 2014: see minutes: http://www.town.rye.nh.us/pages/RyeNH_PlanningMin/2014%20PB%20Minutes/PB_Minutes_3_4_14.pdf)
There was some discussion about the cobblestones and the patio material, distinguishing what was impervious and pervious on the plan.
Shannon Alther explained that one of the challenges of the property is regarding potential changes to the Fema regulations.  He stated that currently the existing house is in the X zone while the East side of the property, is in the VE 12 Zone. The lot for the most part is at elevation 10. He stated that he had been using VE 12 as a data point, as there are going to be up to VE 20, but in reality he should have been using 10 as the elevation of the existing site. As a result, the height variance was originally based on using the VE 12, and he had to reduce the height of the building a little bit. They are still maintaining the bottom, the joist for the framing of the first floor, a few inches higher than VE 12, trying to be in compliance with future Fema regulations. The height of the building will be at a maximum 34 foot high and he is still working on the height aiming for 33 feet using 10 feet as the base elevation.
Member Jaci Grote asked if there was going to be a propane tank. Shannon Alther replied it was going to be buried and for this reason, no variance was needed.
A site walk was planned. The site walk was scheduled for Thursday, June 23, at 6:30 PM.
4.    Status undetermined and to be determined
a. 32 Old Beach Road – Tax Map 84 Lot 107 Stephen Frost
b. 17 Straw’s Point – Tax Map 091 Lot 008 previous owner Kevin King
Suzanne McFarland stated that she has been working with DES and Town Hall and they are now going back to the “old way of doing things,†namely overseeing everything. DES is pleased about this. She stated that if member Mike Garvan would continue doing such great write-ups about the site walks, and sending them right in, then the Conservation Commission can provide both DES and the ZBA, their own reports in a timely fashion. Comments in writing from the Conservation Commission need to be sent ahead of ZBA meetings.
Suzanne McFarland included the two properties above as “status undetermined and to be determined†as the Conservation Commission was not notified of these two applications. This should not have happened. Properties in the Coastal overlay shoreline need to be reviewed by the Conservation Commission, and from now, such a process will be established with the building inspector.  Suzanne McFarland stated that she is going to continue with DES, to look at the ZBA agenda for the next couple of months, or perhaps forever, to ensure that a proper review process takes place.
There was some discussion regarding the Kolhase house on Washington Road. (Editor’s notes: see CC site walk minutes dated January 28, 2016, about the homeowner having disturbed over 20,000 square feet of wetland to create a pond: http://www.town.rye.nh.us/pages/RyeNH_ConsComMin/2016/2016%201%2028%20site%20walk%20minutes%20335%20Washington%20Road.pdf)
The applicant is planning to go before the ZBA for an after the fact application. The board was in agreement that the area should be restored as opposed to give permission to retain a portion of the pond.
There was also discussion regarding a legal matter that will be directed to the attention of the Town Administrator.
5.    TRAIL MANAGEMENT SUBCOMMITTEE
Member Mike Garvan, who has been chairing the subcommittee, stated that the Committee has been meeting on a monthly basis. He reported that they have been talking about the use of the Town Forest and the maintenance of the trails. He will be submitting a draft of the Committee’s recommendations in the near future.  One of the recommendations is regarding the bog bridges in the Forest and that no more bog bridges should be built and that some of the trails should be relocated.  The intent is not to make the Town Forest more “park like.†Mike Garvan stated that the Committee is working in keeping with the spirit of the Rockingham easement. Some portions of the Town Forest should be designated to wildlife.  The draft should be finalized at the next subcommittee meeting.
