NOTES OF APRIL 28, 2014 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present: Selectmen Mills. Musselman and Jenness. Also present: Town Administrator Michael Magnant, Fire Chief Skip Sullivan, Police Chief Kevin Walsh.
Persons present from the public included Peter Crawford, Victor Azzi, Cecilia Azzi, Sam Winebaum, Dominique Winebaum, Joanne Price and Daniel Philbrick.
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 begins
at 6:31:08 p.m. (0:00 elapsed).
Summary
3.
New flood maps are introduced. More properties are in the Velocity Zone
(subject to wave action).
Consent agenda
There was discussion
regarding the five items on the consent agenda and the process. Items C and E regarding disposal of manure
and water pressure at the Wentworth-by-the-Sea respectively, were removed at
the request of Selectman Mills and will be addressed along with other items of
correspondence. The other items were
approved without discussion.
Approval of minutes
The minutes of the
April 14, 2014 meeting were approved with minor changes. The minutes of the two non-public sessions of
the same date were approved without changes.
Abatements (7:15 elapsed)
Assessor David Hynes
addressed Sean Clarke, 64 Wallis Rd., map 173, lot 015, block 001 which had
been tabled at the prior meeting. Mr. Hynes explained that he had broken out
the land value per unit. However, he
emphasized that, with a condo, one cannot sell the land and keep the building,
or keep the land and sell the building, as one can with a single family
house. All were in favor of granting the
abatement.
The abatement for the
Lawton Family Trust, 160 Love Ln., map/lot 004-046-001-PR4 was unanimously
granted. Mr. Hynes explained that there
had been confusion regarding which properties had pools after some neighboring
land was placed in conservation and the house addresses renumbered. This property was assessed as though it had a
pool, which it did not.
There was also
discussion about the number of years during which the owner had been paying
taxes based on a pool that he did not have.
Mr. Hynes stated that the Selectmen have the legal ability to go back to
the inception, however Selectman Mills stated that that had never been done
while he was a Selectman.
Police Chief Walsh
stated that three applications had been received. The insurance is in order with respect to
each. He said that he assumed that this
year the process would only involve documenting activities unless there is a
violation of a current ordinance or State law.
With regard to The
Shack, Chief Walsh stated that he had asked Wesley to be present, but he is
not. They have used 50 rental surfboards
and paddleboards as a placeholder. There
was also an issue with the insurance policy expiring as of May 30, 2014. Because of the unanswered questions and a
representative not having shown up, the matter was tabled.
The application by
Cinnamon Rainbows was then addressed. Editor’s note: Although the person was not identified, he
was referred to as Dave later. It is
believed that Dave Cropper was representing them at this meeting. Selectman
Musselman stated that the location and frequency of use were not
identified. Dave stated that he did not
fill this out as he did not know the answer.
They start when the water temperature reaches the upper 50s which will
be later than normal this year, probably late May. Their activity is mostly at North Beach. They come to Jenness Beach when the tide is
too high at North Beach and it breaks on the rocks. They average 12 kids, with 4 per
instructor. For those under 11, the
ratio is 1:1. They are in Rye daily
during the summer, at least with private lessons. The kids camps are limited to 20, but with
friends requesting to be added, they often increase to 25. When they come to Rye, a truck transports the
surfboards and the parents drive the kids up.
Group lessons are not conducted on weekends, only private lessons occur
at that time.
The permit for Cinnamon
Rainbows was approved with four conditions:
(1) the activity is similar to that last year; (2) groups are limited to
25; (3) weekday use in Rye is limited to high tide; and (4) weekend lessons are
limited to a maximum of three people, and a maximum of three groups, generally
occurring at high tide. All were in
favor.
Ryan McGill of Summer
Sessions then addressed their application, which requested a maximum of 35 in a
group. There was also a request for “SUP
Yoga” activities at Rye Harbor or Bass Beach.
Editor’s note: SUP is an apparent reference to stand up
paddleboards.
In response to a
question from Selectman Musselman, Mr. McGill said that they had approximately
25 rental boards. Dave interjected that
Cinnamon Rainbows stocks 50 boards, however some of those are for lessons. Foam boards are used for lessons so they
don’t hurt people in the event of a collision.
The question arose as
to whether the Town has jurisdiction over the areas at which the SUP Yoga was
to be conducted and whether a permit might be needed from the State. Selectman Mills stated that, near the bridge
on Route 1A adjacent to the Harbor is Town marsh. Selectman Jenness pointed out
that Jane Holway used to teach swimming there.
The permit was approved
with the following conditions: (1) the
activity level is similar to last year; (2) group lessons are limited to 35
persons; (3) weekend lessons are limited to a maximum of three people, and a
maximum of three groups at a time; (4) the issue of SUP Yoga would be “played
by ear.”
Tuttle lot un-merger request (71:23 elapsed)
Beth Tuttle, 50 Jenness
Ave., responded to the opinion of Town Counsel that the separate lots on
Jenness Ave. had been merged at the request of a prior owner, and that State
law therefore prevents them from being un-merged. She stated that the ZBA minutes support her
position. Pat Dowling had acquired four
lots from her mother in 1986. Two
applications were before the ZBA: first,
an administrative appeal from the Town’s merger of lots, and second, a request
for a variance if the applicant lost on the first request. The Town admitted that the merger had been
done in error and the second request was never addressed. Thus, the owner had never acquiesced to a
merger.
Ms. Tuttle stated that
she wanted to end up with two 5000 sq. ft. lots. She knows that this would leave them with a
non-conforming lot for which a variance would be needed, however, they would
like the ability to request one.
As it appeared that
Town Counsel Donovan may not have had the additional information provided by
Ms. Tuttle, it was agreed that the information would be provided to him.
Enforcement action, Daniel Philbrick, 32
Cable Rd. (80:11 elapsed)
Building Inspector
Peter Rowell addressed the issue. The
cottages have permits issued for seasonal use.
He has found no approval for year-round use in the file. The next step would be to have Town Attorney
Donovan file an action in court.
Selectman Mills then
asked Police Chief Walsh whether the cottages had been in use year round. He stated that his daughter had once rented a
cottage there and referred to an incident where Chief Walsh had been at the
location trapping skunks. Chief Walsh
responded vaguely. Selectman Mills
stated that he did not know what the fuss was, as the cottages have been rented
out year round since 1964. Selectman
Jenness stated that they did not used to be.
Selectman Mills stated that he had delivered the mail to the cabins. If this goes to court he will be on the other
side.
Mr. Rowell stated that
the ordinance needed to be enforced as written.
There is no evidence that the cabins were ever converted to year round
use.
Daniel Philbrick then
spoke, stating that he was the owner. Editor’s note: visionappraisal.com has Mark Kearns, as
trustee for Three Rivers Farm Irrev. Sec. Trust, as the owner. He stated that, when a case involving the
property was before the ZBA, Mr. Drake had stated that the cabins could be used
in the manner in which they had previously been used. There were 42 letters in support when they
went for a variance. If the town
prevails the town will lose out. The
cottages are occupied by six single women.
There are no kids in the schools and no loud parties. The ZBA minutes reflect that he stated that
the cottages would be used year-round.
Selectman Jenness asked
when the use had changed. Selectman
Mills interjected that he had been a handyman at the property.
Selectman Musselman
suggested that Mr. Philbrick seek a variance from the ZBA.
Selectman Mills asked
why former building inspector Susan Zarlengo had required thermo pane windows
if the use was to be seasonal. Mr.
Rowell responded that the building code does not recognize seasonal use.
Mr. Philbrick stated
that his attorney had advised him not to seek a variance from the ZBA. Mr. Rowell stated that, if the cottages are
approved as single family dwellings they can be rented on a weekly basis. Mr. Rowell stated that his decision can be
appealed to the ZBA or a variance can be sought. A variance is needed as the cottages are 75
sq. ft. too small.
Selectman Musselman
pointed out that what the ZBA voted on was what was important, not what the
Chairman of the ZBA had said.
Selectman Musselman moved to approve the
enforcement action. Selectman Jenness
stated that she needed to second the motion so that the issue can be
resolved. Mr. Philbrick indicated that
he might turn the property into a motel and rent it out by the night. The motion carried 2-1, Selectman Mills
voting against.
Editor’s
note: This case will not be the first
time that the issue of tourist cabins in Rye has been before the courts. See Rye Board of Selectmen v. Rye Zoning
Board of Adjustment, 155 N.H. 622 (2007) or http://www.courts.state.nh.us/supreme/opinions/2007/rye092.pdf.
Mr. Rowell projected
certain of the new flood maps on the back wall of the room. The biggest change
is that a lot more properties are in the “VE Zone,” which is the “velocity
zone,” subject to wave action. Other
properties have moved in and out of flood zones based on more accurate
topographic data. In the VE Zone piers
may be required to permit waves to pass underneath the buildings. This would be required when renovations or
damage result in expenditures exceeding half of the value of the building.
Selectman Musselman
stated that they have 90 days to challenge the maps and no money. He asked whether any of them were
incorrect. Mr. Rowell responded that
some of the VE Zones may be questionable.
Individuals should have their engineers check this out, he said.
Six wheel dump truck (130:16 elapsed)
This bid, apparently
for ancillary equipment was unanimously approved. Selectman Musselman pointed out that the
truck would be under budget when combined with the chassis. Editor’s
note: At a meeting earlier in the year,
the Selectmen had approved buying the chassis off of the State bid.
Donation of piano (131:16 elapsed)
Town Administrator
Magnant indicated that an individual would like to donate a beautiful piano to
the Town. He showed photographs. Selectman Jenness stated that a professional
would need to make sure that the board was not cracked, which would prevent the
piano from holding a tune. The piano was
built by Henry Miller, a great piano builder in Boston in the 1860s and
1870s. Mae Bradshaw stated that she
knows someone who tunes pianos. She
suggested that the person might look at the piano for little or nothing. Selectman Jenness stated that the piano had
been at the Old South School building, but had not been used at the
school. The consensus appeared to be
that this would be looked into further.
Beach Committee Charge (138:16 elapsed)
Selectman Musselman
summarized the charge, which referred to the Fire Department being in overall
charge of the beach, the Committee considering the structure of the Beach
Commission and making recommendations.
There was discussion about the members not having served on committees
before and that they would need to be sworn in.
Selectman Jenness stated that there needed to be a clear chain of
command, and that no member of the Committee can act on their own.
Mae Bradshaw noted that
the members would need to sign the conflict of interest form. Selectman Jenness stated that that was part
of the swearing in. Ms. Bradshaw stated
that she had recently been sworn in for the Heritage Commission and had not had
to sign a form. There was discussion
about that not being required as she had signed a previous form. Editor’s
note: See 2012 Warrant Article 26 and
2013 Warrant Article 20.
Town Hall design contract, SMP Architecture (143:43 elapsed)
Selectman Musselman
stated that input had been obtained from him, Victor Azzi, Mr. Magnant, Town
Counsel Donovan and the full Town Hall Committee. There are still changes needed, for example
SMP has agreed to a third public meeting.
The contact will be Mr. Magnant, with him, Mr. Azzi and the Town Hall
Committee providing input. This is
procedural and does not reflect the decision making.
The contract amount is $244,000, leaving
$6000 for miscellaneous items. He
suggested that, if the Heritage Commission has some money set aside this might
come in handy.
Mr. Azzi stated that he had reviewed the
contract earlier that day. There is a
provision regarding billing for extra services after December 31. Selectman Musselman agreed that that needed
to be changed.
All were in favor of authorizing execution
of the contract with the pending changes.
Manure piles, letter from Kimberly Bosma (150:31 elapsed)
Selectman Mills
referred to an issue with a horse farm, and the fact that the piles were near a
road. Selectman Musselman suggested that
the Planning Board be asked whether setbacks were appropriate. Mr. Rowell stated that he had taken
photographs and had spoken to the property owner. There is nothing in the ordinance that he can
“jump on,” he said.
Water line to Wentworth-by-the-Sea Country Club (153:24 elapsed)
Selectman Mills stated
that the WBTSCC is a large taxable property.
If the greens are lost due to a shortage of water it will be a big
problem.
Mr. Magnant reported
that the WBTSCC is served predominantly by the main that is part of the
Sagamore Bridge, which is being reconstructed.
The feed otherwise comes from Lafayette Rd. and Elwyn Rd. There is a lot of head loss at peak
flows. One solution is for the Rye Water
District to open up a feed at the roundabout to feed Portsmouth. Editor’s
note: This is an apparent reference to
Foyes Corner. There was a meeting
with Portsmouth Water and the Rye Water District. There is another possible solution tapping
into a line off of Frontier.
Clarification of alcohol policy with regard to Town Museum
Selectman Jenness
stated that the alcohol policy provides for no alcohol in any town buildings or
on town property. At the time, the
response was that the Town Museum is owned by the Rye Historical Society and
not subject to the policy. However, the
policy also provides that there is no alcohol permitted at any town
meetings. Thus, if there is a town
meeting at the Town Museum, that policy would apply, preventing alcohol from
being served.
Heisey purchase of wetland property (157:42 elapsed)
Mr. Magnant reported
that there was further information and that action should be postponed.
Non-public session
The Board went into
non-public session under the personnel, property acquisition, and legal
provisions of RSA 91-A to address unsealing of minutes. The public portion of the meeting ended at
approximately 9:10 p.m.