NOTES OF NOVEMBER 12, 2014 RYE PLANNING BOARD MEETING

Final Revision B – Provided by the Rye Civic League

Present and seated clockwise around the table (Regular Planning Board members except as noted): Alternate Ann Crotty, Jerry Gittlein, Keriann Roman, Ray Tweedie, Bill Epperson, Planning Administrator Kim Reed, Mel Low, Priscilla Jenness, Jay Lord.

Persons present in the audience included: Peter Crawford, Sam Winebaum

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 7:00:05 p.m. (0:00 elapsed)

Summary

1. Subdivision at Rye Farm, 561 South Rd. continued to December 9.

2. Retaining wall at Wentworth-by-the-Sea Country Club approved.

3. Tear down and rebuild of former MB facility on Lafayette Rd. discussed.

4. Eleven lot subdivision at 464 Brackett Rd. discussed.

5. Lighting, Flood Plain and clerical corrections moved to public hearing on December 9.

Minutes (3:00 elapsed)

The minutes were discussed and approved.

Major Subdivision, 561 South Rd. (Rye Farm) (8:35 elapsed)

This application by D.D. Cook was continued to the December 9, 2014 meeting, which will be held at Rye Junior High School.

Major Site Development, Seafarer Condominiums (9:26 elapsed)

Application was withdrawn without prejudice by the Planning Board.

Minor Site Development, Wentworth-by-the-Sea Country Club (10:15 elapsed)

This is an application to repair retaining wall a bring in fill to alleviate a problem with sea water having a negative impact on Fairway 14, which is within the wetlands buffer. The DES has approved. There was discussion regarding the amount of fill, which was estimated to be two truck loads. There was also discussion about the appearance of the completed wall and an assurance that it would look the same.

(22:30 elapsed)

The application was approved.

Conceptual Consultation, Rye Atlantic Properties (23:24 elapsed)

Corey Colwell explained the proposed redevelopment at 72 Lafayette Rd. Mr. Colwell explained that this is former location of MB. Some oil cleanup will be required. No evidence of migration from the Coakley Landfill was found. Currently the drainage sheet flows into the wetlands. The plan is to remove the existing building and to replace it with one from 3200 to 3800 sq. ft. Impervious surface would be reduced from 20,000 to 17,000 sq. ft. Storm water treatment would be added. Currently the septic system is on the edge of the wetlands. The only place to put it on the new site would be under the parking area.

Ray Tweedie asked if a waiver would be needed for encroachment into the 75 foot wetlands buffer. Mr. Colwell responded affirmatively, indicating that only 297 sq. ft. is technically buildable. The property is in the Commercial District.

There was further discussion about impervious surface and whether hazardous materials might have been sealed in.

The Planning Board appeared to react favorably to the plan. Chairman Epperson stated that if the applicant wanted to rehab the facility there was nothing that they could do. They would much rather see the facility torn down and rebuilt.

Conceptual Consultation, 11 lot subdivision at 464 Brackett Rd. (49:15 elapsed)

Attorney Peter Loughlin introduced the plan. He stated that Mr. Falzone, Mark Johnson and Christian Smith were present with him along with Jim Gove from Gove Environmental. The property in question is 19 acres owned by the Worden family, which has been for sale “forever.” He has been talking with Dean Worden about the property for 15 years. Now, an agreement has been reached with Mr. Falzone to sell the property. Even though this is a conceptual consultation, the neighbors have been notified.

Editor’s note: The two parcels involved Map 19, lots 141 and 141-1 are adjacent and a portion is behind four other parcels on the east side of Brackett Rd. There are two areas of frontage on Brackett Rd. according to the tax map. The northernmost has approximately 320 ft. of frontage, and the southernmost approximately 45 ft. of frontage.

Christian Smith then presented three options for development and showed initial plans for each. The first showed a loop connecting with Brackett Rd. in two places. The southernmost connection would require a waiver as a 50 foot right-of-way is required and only 40 feet is available. Editor’s note: There is an existing dirt road between two other lots, owned by abutters, in this location, one of which is the Arbor Inn Bed and Breakfast. The second plan showed two cul-de-sacs, each connecting to Brackett Rd. through one of the areas of frontage. The third plan showed a “P” shaped cul-de-sac with a large loop at the end, which included two single family lots inside of the loop. That plan (Plan C) would connect to Brackett Rd. through only the northernmost frontage.

Member Ray Tweedie stated that Plan C would have the least impact. Chairman Bill Epperson stated that Brackett Rd. is narrow, and that they would want to see a traffic study.

Concern was expressed about the southernmost right-of-way being only 10 feet from the Arbor Inn.

Peter Crawford asked how far the property was from the marsh and where the wetlands were on the property. Some small areas of wetland were pointed out and it was asserted that the property was hundreds of feet from the marsh.

Mrs. Ring, 400 Brackett Rd., stated that the dining room of the Arbor Inn is only 20 feet from the property line of the Inn. She prefers Plan C as the Inn would not be viable with a street close to it.

Don Catino, 377 Brackett Rd., stated that he lives 200 ft. down, on the other side of the street. Brackett Rd. has a “country” feeling. He expressed concern about the traffic from 10 houses.

Jody Worden, 366 Brackett Rd., expressed concern with houses on 3 sides and the blasting that might be needed in the ledgy area. Mr. Epperson stated that bonding is required and insurance would cover any damage. Mr. Smith spoke about blasting requiring a survey within a 500 ft. radius.

A resident at 410 Brackett Rd. stated that Plan C was the only viable one. Sherry Kane, 412 Brackett Rd. said that the road is nice and quiet, but there is a lot of traffic in the summer and the road is narrow. She also expressed concern about the increase in pupils for the schools.

Payment of escrows (80:31 elapsed)

Payments of $896.35 to Attorney Donovan for 561 South Rd. and $2314 to AMEC for 561 South Rd. were approved. Kim Reed commented that Don Cook will be providing additional funds for the escrow account related to 561 South Rd. Editor’s note: This is also known as the Rye Farm. See the notes of the Conservation Commission meeting on November 20, 2014. Mr. Cook has proposed that the back portion of the parcel be given to the Town for conservation, provided that a variance for a wetlands crossing is granted in order to access a fifth single family lot.

Ms. Reed stated that the payment to Danna Truslow for a second hydrogeological study would come from the Planning Board budget as it would not be fair to “double dip” as there was another such study.

There was discussion about $715 remaining in the Seaglass escrow (i.e. former Rand Lumber parcel RCD) and $494 in the Moorings at Rye Harbor escrow. There was also discussion regarding a payment to AMEC associated with the Webster at Rye.

Zoning amendment on lighting (111:42 elapsed)

Keriann Roman reported that changes in the lighting provision had been sent to Attorney Donovan. For now, the changes will be limited to business and commercial developments. Next year they would look at doing it right, with dark sky analysis included.

There was further discussion about the agenda for December, and whether a separate meeting might be needed.

All were in favor of moving amendment 2015-03 on lighting to a public hearing at the December 9 meeting.

Impervious surfaces (118:25 elapsed)

Keriann Roman pointed out that the terms “impermeable” and “impervious” are used interchangeably in the Zoning Ordinance. This would be corrected. There was discussion as to which of three options to select for the definition (1) a definition from the New Hampshire Shoreland Protection Statute; (2) a definition from Maine which is more limiting; or (3) a proposal melding some aspects of (2) into (1) based on public input.

There was discussion about whether the New Hampshire statute language might be better since State assistance might be sought and State officials would be familiar with that definition.

There was no resolution as to which definition was best.

Renumbering of section relating to wetlands buffer (137:20 elapsed)

This changed a section number reference and was quickly approved to be moved to a public hearing.

Rules of Procedure

The motion to adopt the rules, having been automatically tabled at the prior meeting, carried unanimously.

Appointment of Gail Hughes as an Alternate

Kim Reed reported that Ms. Hughes had withdrawn her name as there are presently three very competent alternates. She will revisit this issue in April, after the election.

Flood Plain Ordinance Amendment

The motion to move this Zoning Amendment to a public hearing on December 9 carried unanimously.

Adjournment (143:15 elapsed)

The motion to adjourn carried unanimously.