RCL Notes of August 18th, 2016 Conservation Commission
WETLANDS:Â
 1.    A. Jones & Beach Engineering, 1112 Ocean Boulevard
Map Location: http://tinyurl.com/hqvu5q4
Jo Coronati from Jones & Beach Engineering representing the owner explained that there is currently a concrete patio on the property and that the intent is to replace it with a new and larger patio made with Enviro pavers.  Mr. Coronati explained that the pavers look like bricks, however, they don’t touch each other, which lets storm water filter through.  Such pavers are considered to be pervious. Also, a low retaining wall will have to be built. All the work will have to be done by hand. The patio is one foot from the property line and will remain in the same location. Mr. Coronati stated that the project requires variance relief and wetland permits from DES. They will come back once they have the wetlands permit. .
A site walk was planned for Tuesday, August 23 at 9:30 am.
2.    B. William Quirk – 1647 Ocean Blvd map/lot 013-019
Link to Map Location: http://tinyurl.com/jzt2q94
William Quirk, the applicant explained that the property is in the Fema Flood Zone. The owner wishes to tear down the existing dwelling and construct a new building. Mr. Quirk will bring a set of plan for the members of the CC at the time of the site walk. The plan is to move the septic system outside the wetland buffer zone.
A site walk was planned for Tuesday, August 23 at 9:00 am
1.    Joe Falzone and Jim Gove – South Road
 (Editor’s notes: Joe Falzone, who is the developer, came before the Commission in July to explain his intent of building 22 homes (4 parcels are being combined totaling 100 acres) and to donate to the Town roughly 36 acres of land that is in the back, some uplands some wetlands. A site walk took place at the site on August 1st– at that time, Mr. Falzone and Jim Gove, wetland scientist, demonstrated that the land was not all wetlands, but that there was some upland.)
 Mr. Falzone brought a plan showing the Open Space with trails as well as pictures of a type of crossings that could be done in order to avoid a wetland crossing. In regards to one lot, he has moved a lot line so that the driveway is now out of the buffer. He stated that it was non jurisdictional as the wetlands area is only 20.000 square feet. Mr. Falzone stated that the easy way would be to go before the ZBA if the CC supported it but he did not want to take that road.
Mr. Falzone asked for directions from the CC in regards to the back land that he plans to donate, namely whether the CC was interested or not, otherwise he will ask the Nature Conservancy.
Jim Gove showed a map stating that he used aerial photography to calculate the area of uplands in the back land (shown as wetlands on the town map) and has determined that roughly 35 to 38% is considered upland. Mr. Falzone and Jim Gove have both been referring to the back land as “Open Space.â€Â In other words, there is a fair amount of upland in the delineated zone, which is roughly 36 acres, and which Mr. Falzone is offering to donate to the Town.
Mr. Falzone stated that he would like to hear from the members of the Conservation Commission whether they are interested or not.
Member Mike Garvan stated it was worthy of the Commission’s consideration.
Chair Sally King stated that she had spoken to Priscilla Jenness (the current owner of the parcel) and was told that the land was much soggier than it is now. She asked about the Cedar swamp. She also stated members need to determine what is best for the land. The area is a wildlife corridor and this has to be taken into consideration.
Member Mike Garvan asked if they could be a designated parking in order to create an access for the public [in the event that the land would be donated and designated as recreational].
Chair Sally King stated that she has not talked to the Nature Conservancy and that it has been difficult establishing a line of communication with the agency. She commented that the land is in the wellhead protection while matters over the stewardship of the land need to be taken into consideration.
Mr. Falzone stated he will be going before the Planning Board on September 13th. His concerns are regarding his contract agreement with Priscilla Jenness who is putting a condition that the land in the back be donated to the Town.
Chair Sally King stated that they are interested but for now they need to figure out what is best for the land.
There was some discussion about the best option for the need for a wetland crossing.
WETLANDS UPDATE:
 2.    Werner – 7 Elizabeth Lane
Link to Map Location:
https://maps.apple.com/maps?address=7 Elizabeth Ln, Rye,
Chair Sally King stated that the owners of 7 Elizabeth Lane, the Werners received a notice of violation for cutting in the wetlands buffer and filling.  She stated that the complaint that she received was that on several Sundays, they were 10-wheelers out in the wetlands buffer. She stated they will need to look at it and that it would be nice if they could have an independent wetlands scientist but that they would have to pay for it.
Member Jeff Gardner asked if DES was involved and if the Commission could ask to pay for it. Steve Ricker who is representing the applicant sent some information regarding the ratio of trees. There is a proposal to remove some of the lawn and to plant some trees.
Chair Sally King stated that since there was no one present to represent the applicant, she is going to get in touch with the owner regarding a site walk.
An anonymous golfer called to report the violation.
A site walk was planned for Tuesday, August 23, at 10:00 am.
3.    Kohlhase – 335 Washington Road
Link to Map Location: http://tinyurl.com/h4zkzwu
There is a resolution regarding the property as the owner has agreed to do a full restoration.
6. “Pioneer Roadâ€Â – This item was not posted on the CC agenda but was discussed at the meeting as the applicant is going before the ZBA on September 9th.
(Editor’s notes: ZBA agenda: Alex & Joanne Zadeh for property owned and located at 245 Pioneer Road, Tax Map 24, Lot 118 request an Administrative Appeal of the July 11, 2016 Building Inspector’s Notice of Violation of the Rye Zoning Ordinance Section 301.8 (B) 5 and the August 1, 2016 Building Inspector’s Notice of Violation II of Section 301.8 (B) 5. Property is in the Single Residence District. Case #56-2016.)
Link to Map Location: http://tinyurl.com/jzshzfo
Member Jeff Gardner stated that the Conservation Commission should be providing input to the ZBA.  He went on to say this property is on the way to Odiorne and that twenty-years ago they received permission to build a house with restrictions in regards to the buffer zone. Now, three owners later, there has been extensive clearing in the buffer zone.
Chair Sally King stated that they are going to write formally to the Chair of the ZBA and ask that the applicant come to the Conservation Commission beforehand. There is a notice of violation and the members of the Commission need to provide their input prior to the ZBA hearing.
Member Mike Garvan read the letter that will be signed by the Chair of the CC, Sally King, and that will be sent to the Chair of the ZBA – it was approved unanimously.
7. Discussion regarding a ZBA approval of a variance relief abutting Town property.
Link to Map: http://tinyurl.com/zp5wole
Chair Sally King reported that members of the CC were in attendance at the August 3rd ZBA meeting to speak against granting a variance relief to applicant Matthew Williams for property located at 20 Huntervale Avenue as the property abuts Town property. She stated that she was disappointed about the outcome as the ZBA granted a variance to build a garage within 3 feet of the property line that abuts Town land. She also made a point about the applicant discharging water via a pipe on the Town’s land. (Editor’s notes: see ZBA minutes: http://www.town.rye.nh.us/Pages/RyeNH_ZBAMin/2016%20minutes/BOA_Minutes_8-03-16.pdf)
8. Discussion regarding the Rules and Regulations meeting and Wetland Subcommittee that was formed.
Chair Sally King stated that there was a confusion regarding the date of the second meeting: the CC was informed that it was taking place on Thursday when it took place on Wednesday.
Member Mike Garvan stated that at least two members of the Commission should be part of the Committee. He provided the dates of the upcoming meetings.
9. Member Mike Garvan provided an update on the Right-To-Know Law.
There are 3 points.  He would not mind getting clarified.
Member Mike Garvan stated the boundary signs are arriving tomorrow. He will be ordering the wetlands signs.
10. Discussion about the content of the Conservation Commission article to the Town’s Newsletter
