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					                                                                               Unapproved PB 9/9/08 minutes see
                                                                                       Minutes of October 2008
                                                                                       for Corrections/approval.




                                     Rye Planning Board
                                            Rye Town Hall
                                              7:00 P.M.

                                  MINUTES OF THE MEETING
                                      September 9, 2008

Members Presents:       Chairman, Donald Cavallaro; Vice- Chairman Mel Low; Jaci Grote,
                        Clerk; Martin Zivic; Mark Galvin; Samuel Winebaum.

Absent:                 Priscilla Jenness, Selectmen Representative; Patricia Weathersby, Alt;
                        Bob Brown, Alt. and Bill Zechel, Alt.

Also Present:           Kimberly Reed, Planning Administrator and Heather Austin,
                        Stenographer.

Chairman Cavallaro called the meeting to order at 7:00 pm and the Pledge of Allegiance was
conducted.

Designation of sitting alternates-none.

Approval of the August 12, 2008 Minutes.

Chairman Cavallaro requested the following corrections to the August 12, 2008 minutes as
follows:

Page 9, nine paragraphs down revise to read “Chairman Cavallaro stated the Board wanted the
applicant to be aware of Rye's demographics. -strike the next sentence-(add) "There was discussion
of the 2000 Census and that as a whole, the town was trending older and that school enrollment, at
least in the elementary school, was trending downward. Attorney McNeill discussed how residents
were concerned about projects changing the feel of a town. Chairman Cavallaro discussed why it was
more than a feeling and that the concerns came from the off setting of services, i.e., off setting school
services for emergency response services. The great thing about Rye is that it's a mix of ages, and
everyone pulls together. So that is an over riding concern".

Page 9, Para. 11 -... is zoned SR (add) "historically".

Page 9, Para. 12 , Discussion was had regarding the Growth Ordinance (add) "and how the applicant
was going to reconcile a project of this size when the ordinance only allows perhaps 35 units a year".

Page 9, Para. 13, sentence “Chairman Cavallaro stated that the Board could recommend changes,
however, we have all seen the reaction to (delete "changes") "proposals" like this from the residents
and other Boards. (add)"We are elected representatives of the people of Rye. Based on the board's
recommendation, you could be seeing a lot of new faces [on the board] in the future."

Page 1 of 7
                                                                                Unapproved PB 9/9/08 minutes see
                                                                                        Minutes of October 2008
                                                                                        for Corrections/approval.



Page 10 -third paragraph down -Attorney McNeill replied that the project is unique compared to the
other referenced projects. (add) "There was discussion that it could be argued in the future that
additional projects were also unique and deserved special consideration. There were concerns that
this project could be precedent setting and used as a basis to justify any large project in the future."

Samuel Winebaum requested page 8, 2nd to last para. 2nd sentence to read “He referred to the
same type of structure in Exeter having four (4) stories.” Page 10, 5th para. To read “Bill Tucker
stated that this site used to be an old dump site and it would be nice if it was re-zoned for
workforce (affordable) housing.”

Chairman Cavallaro hearing no further corrections requested a motion to approve the August 12,
2008 minutes.

Motion by Martin Zivic to approve the minutes of August 12, 2008 with the requested
corrections. Second by Mel Low. All in favor.

Public Hearings:

Applicant requests a continuance to the October 14, 2008 meeting for the Major Site
Development Plan for Webster at Rye Skilled Rehabilitation Addition for property located
at 795 Washington Road, Tax Map 11, Lots 006 & 052 construct a single story addition to
the existing nursing home for a new skilled care rehabilitation gym, dining room and
sitting room with 4,000 sq ft of new construction and additional parking; File No.: 03-08.

Chairman Cavallaro opened the hearing and stated that the applicant has requested a continuance
to the October 14, 2008 meeting for the Major Site Development Plan for Webster at Rye Skilled
Rehabilitation Addition.

Motion by Mark Galvin to continue the Major Site Development Plan for Webster at Rye
Skilled Rehabilitation Addition to the October 14, 2008 meeting. Second by Martin Zivic.
All in favor.

Continuation for the Major Site Development Plan for a Condominium Conversion for
Sandra L. Gamache for the property located at 6-8 Cable Road, Tax Map 5.3, Lot 46 to
convert an existing two-family dwelling into a two unit condominium; File No.: 04-08.

Attorney Pelech was present representing the owner Sandra Gamache.

Chairman Cavallaro opened the continued hearing.

Attorney Pelech stated he was there to discuss the revisions completed as requested by the Board
last month. See attached “Project Summary” listing all revisions and requested waivers.
(Information on file.)

Discussion followed regarding the “Project Summary”.


Page 2 of 7
                                                                            Unapproved PB 9/9/08 minutes see
                                                                                    Minutes of October 2008
                                                                                    for Corrections/approval.


Attorney Pelech noted that the address “Cable Road Extension (EXT)” was to be revised to read
“Cable Road” on the plans however this was overlooked and could be added as a condition to be
revised on the plan, condominium documents, etc. He continued stating that a copy of the
easement deed has been submitted for the file and noted on the plan. (See attached copy of
“Easement Deed and Release” recorded, Book 3456, Page 1503 dated Feb. 24, 2000.)

Attorney Pelech stated one issue was regarding if the units were legally two separate dwelling
units. (Extensive history research was conducted for this property. See file for affidavits and
additional proof.) He continued stating that all the affidavits state that this has always been a two
dwelling unit and Jim Verra had the original Philbrick plan for this building including the
footprint of the building. The dwelling predates zoning and subdivision regulation and has been
proved with the plan and affidavits to be two (2) legal dwelling units since built in 1952. He
continued referring to Attorney Donovan’s memorandum dated September 9, 2008, Re:
Gamache Condominium Conversion. (See attached memorandum.) The memorandum states that
Attorney Donovan agrees that the exhibits appended thereto provide sufficient proof that the
units are legal existing dwelling units.

Chairman Cavallaro questioned if the Board would like to accept jurisdiction for this application.

Motion by Mark Galvin to accept jurisdiction for the Major Site Development Plan for a
Condominium Conversion for Sandra L. Gamache for the property located at 6-8 Cable
Road, Tax Map 5.3, Lot 46 to convert an existing two-family dwelling into a two unit
condominium. Second by Mel Low. All in favor.

Chairman Cavallaro opened the hearing for any public questions or comments. Hearing none, he
closed this portion of the hearing and opened for Board discussion.

Samuel Winebaum questioned the definition of a “dwelling unit”.

Attorney Pelech replied that each Town or city as their own definition version however, one
example is Portsmouth that uses the number of kitchens others use the number of overnight sleep
areas.

Chairman Cavallaro read the definition from Section 503 of the Town of Rye Zoning Ordinance.

Samuel Winebaum questioned why on the affidavit from Mr. Philbrick under Notes: #6 and #7
have different language. He would like #7 to also state that there are two kitchen areas.

Attorney Pelech stated he could add that information to the notes on the plan.

Samuel Winebaum continued stating he was concerned that the assessing card stated that a
second kitchen was added in 2004.

Mark Galvin replied that the assessing department just put this information on the card under
Notes for their own information.



Page 3 of 7
                                                                           Unapproved PB 9/9/08 minutes see
                                                                                   Minutes of October 2008
                                                                                   for Corrections/approval.


Heather Austin of the Assessing Department confirmed that this information on the assessing
card was just when the second kitchen was realized. Both kitchens were always there however
the card had listed only one kitchen area in error.

Chairman Cavallaro passed around the photos submitted this evening from Attorney Pelech for
the file and after further discussion requested a motion regarding the requested waivers. He read
through the list of waivers discussed as follows:
         Sect 403.2I no plans for water and sewer extensions
         Sect 403.2H no change to elevations
         Sect 403.2F and 403.1G will not in any way change surface water
         Sect 403.2E and 403.1E no alteration of topo
         Sect 403.2D and 405.2D
         Sect 405.3C and 404.5C no terrain alteration, no sediment control plan needed
         Final 505.3A
         Final 505.3B
         Final 405.3E

Motion by Mark Galvin to accept all waivers as requested for the Major Site Development
Plan for a Condominium Conversion for Sandra L. Gamache for the property located at 6-
8 Cable Road, Tax Map 5.3, Lot 46 to convert an existing two-family dwelling into a two
unit condominium due to the pictures, affidavits, plan and all other information submitted.
Second by Mel Low. All in favor.

Chairman Cavallaro stated the following conditions are to remove the word “Extension (EXT)
from the address on all information, to add that the fire equipment will be hard wired with
battery backup, utilities be shown on the plan with the meter and shut off locations with an
easement granted to Aquarian to access, the condominium documents to state that the owners or
association are responsible for all utility fees, add a NOTE to the plan referring to the Board of
Adjustments Decisions/approvals and an escrow account of $500.00 to be established for
Attorney Donovan’s review of all information.

Attorney Pelech agreed to all conditions stated.

Motion by Jaci Grote to accept the Major Site Development Plan for a Condominium
Conversion for Sandra L. Gamache for the property located at 6-8 Cable Road, Tax Map
5.3, Lot 46 to convert an existing two-family dwelling into a two unit condominium with the
following conditions: remove the word “Extension (EXT) from the address on all
information, to add that the fire equipment will be hard wired with battery backup,
utilities be shown on the plan with the meter and shut off locations with an easement
granted to Aquarian to access, the condominium documents to state that the owners or
association are responsible for all utility fees, add a NOTE to the plan referring to the
Board of Adjustments Decisions/approvals and an escrow account of $500.00 to be
established for Attorney Donovan’s review of all information with permission for the
Chairman to sign plans once all requirements are fulfilled. Second by Mark Galvin. All in
favor.



Page 4 of 7
                                                                         Unapproved PB 9/9/08 minutes see
                                                                                 Minutes of October 2008
                                                                                 for Corrections/approval.


Non-Public Hearings:

Release of the Rand Lumber Surety.

Chairman Cavallaro stated that there is a request to release the Rand Lumber Surety in place for
completion of the topsoil, seeding with the understanding that the vegetation was to be
established. He continued stating according to Susan Labrie the top soil and seeding have been
completed however there is no established vegetation as of yet.

Discussion by the Board was followed by the recommendation to wait another month for the
vegetation progress to be reevaluated before releasing the surety.

Motion by Samuel Winebaum to continue the requested Release of the Rand Lumber
Surety to the October 12th meeting for reevaluation of the vegetation. Second by Jaci Grote.
All in favor

Committee Reports.

Kim Reed stated that the Zoning Committee would like the Planning Board to put “Home for the
Elderly” on the next meeting for the first Public Hearing on the October 14, 2008 meeting.

All members agreed.

Motion by Jaci Grote to accept the request from the Zoning Committee to have the first
agenda item of the October 14, 2008 meeting is the “Home for the Elderly”. Second by
Martin Zivic. All in favor.

Kim Reed stated that the Selectmen heard testimony from Mark West, an Environmental
Engineer at their Monday, September 8, 2008 meeting. She continued stating that the Selectmen
would like the Planning Board to make a motion to work with the Conservation Commission to
review designating prime wetlands further with a recommendation given to the Selectmen within
a few months on whether this type of project is worth pursuing. (See memo dated 9/8/2008 and
presentation information attached.)

Samuel Winebaum questioned what transpired to start this request.

Kim Reed replied that the presentation by Mark West, request by the Selectmen and the fact that
other areas have already done this type of project.

Mark Galvin questioned if this would be to enhance the existing regulations and enforcement of
the wetland regulations at a local level. He continued stating that the existing regulations are
already an issue for the Town to follow and enforce.

Chairman Cavallaro suggested tabling this discussion until further information could be
obtained.



Page 5 of 7
                                                                            Unapproved PB 9/9/08 minutes see
                                                                                    Minutes of October 2008
                                                                                    for Corrections/approval.


Mark Galvin further recommended having Mark West give his presentation to this Board.

Jaci Grote stated that she had no issues with getting further information for this Board to discuss.

Motion by Mark Galvin to not entertain into a new study due to that the Town already has
adequate information/rules that are not followed or enforced. Second by Martin Zivic.

Chairman Cavallaro stated that he would be willing to get further information and investigate if
this would be beneficial to the Town.

Samuel Winebaum stated that if maps and information were going to be updated then the Town
should also go a step further and include the whole town with wetlands information as well as
uplands etc. shown.

Mark Galvin stated that he feels the Town already has adequate information and this would be a
waste of money.

Jaci Grote stated that she disagreed with Mark Gavin’s statement and feels the Board can and
should look into this information. She continued stating that she feels this is not a ridiculous
request and it should be up to the residents to consider/decide in a warrant article. She further
stated that the motion made does not represent her.

Mark Galvin clarified that he does care about the wetlands however he feels the Town already
has enough rules and information that need to be dealt with.

Chairman Cavallaro requested the members vote on the open motion.

Mark Galvin voted in favor. Chairman, Donald Cavallaro, Mel Low, Jaci Grote, Martin
Zivic, and Samuel Winebaum voted against. Motion fails.

Motion by Jaci Grote to review and send information via email for the Board to review
with no replies made regarding the information sent by any members. Second by Martin
Zivic.

Mel Low requested the Conservation Commission be contacted regarding this request.

Chairman Cavallaro requested the members to vote on the open motion.

Martin Zivic volunteered to be the person to gather all the information and find out more about
Prime Wetlands and contact the Conservation Chairman. He will email everyone information
and ask for them not to reply so as not to constitute a meeting.

Mark Galvin voted against. Chairman, Donald Cavallaro, Mel Low, Jaci Grote, Martin
Zivic and Samuel Winebaum voted in favor. Motion carries.




Page 6 of 7
                                                                          Unapproved PB 9/9/08 minutes see
                                                                                  Minutes of October 2008
                                                                                  for Corrections/approval.


Long Range Planning Committee:

Jaci Grote had nothing to report at this time.

Rules and Regulations Committee:

Chairman Cavallaro stated that Martin Zivic has submitted his resignation as a member of the
Rules and Regulations Committee. (See attached email dated August 13, 2008 from Martin Zivic
to Samuel Winebaum.)

Samuel Winebaum stated that he regretfully accepts Mr. Zivic’s resignation. He continued
stating that this committee has some openings since it is now just two members and questioned if
anyone wanted to volunteer to contact him.

Technical Review Committee
Chairman Cavallaro asked if Mark Galvin and Mel Low can be available to the Committee on a
full time basis.

Both agreed.

Communications/miscellaneous:

Reschedule the November 11th Planning Board Meeting since the Town Hall will be closed
for observance of Veteran’s Day.

Reschedule March 10, 2009 meeting, falls on Election Day.

Chairman Cavallaro stated after speaking with Priscilla Jenness it was decided that it would be
better to have the meetings after the Election Day.

Motion by Jaci Grote to Reschedule the November 11th , 2008 meeting to November 12, 2008
and the March 10, 2009 meeting to March 11, 2009 both to be at 7 p.m. Second by Mark
Galvin. All in favor.

Chairman Cavallaro hearing no further discussion requested a motion to adjourn.

Adjournment:

Motion by Jaci Grote to adjourn the meeting at 8:19 p.m. Second by Samuel Winebaum.
All in favor.

Respectfully Submitted,


Heather Austin,
Stenographer


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