Rye Planning Board by accinent

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									Rye Planning Board Meeting minutes July 12, 2005 Page 1 of 12
Note: see next month’s meeting minutes for approvals and corrections

                        Rye Planning Board
           Rye Town Hall, 10 Central Road, Rye, NH 03870
            (603) 964-9800 web site: www.town.rye.nh.us
                                  MINUTES
                             Tuesday, July 12, 2005
                                  7:00 p.m.


Members Present: Robert Brown, Chairman; Mel Low; Priscilla Jenness,
                 Selectmens Rep; Bill Zechel; Priscilla Patrick, Alt; Mark
                 Galvin; Kim Reed.

Also Present:        John Elsden.


1. Call to Order

2. Approval of Minutes: Review/approve minutes of the Planning Board meeting
   of June 14 2005.

Reed makes a “motion to accept the minutes as changed (prior to meeting.)”
Seconded by Jenness. All favored.

3. Public Hearings: Action required.

              1. James Golick, 14 Sagamore Road, Minor Site Plan
                 Application, Golick’s Dairy Bar.


Brown states that this application was previously continued because of a DOT
objection to layout. The obstruction was removed that the DOT opposed.

Mr. Smith, representing the applicant, stated that there is no letter from DOT and
they will not provide one. He discusses the driveway permit and the denial. He
states that if there is no construction in the state ROW there will be no state
permit required so the state said that they would not issue a letter. The islands
were narrowed so they were removed from the state ROW. He addresses other
revisions. He states that the hours of operation will be 11 AM to 11 PM from
April 1 to October 30 and he will put that in his legend on the plans. He states
that Brit bits is year round and is open 7 to 7. He states that the dry cleaners that
are a tenant and will be moved to another area in the building operate Mon
through Fri. from 7 to 7 and Sat. from 8 to noon.
Rye Planning Board Meeting minutes July 12, 2005 Page 2 of 12
Note: see next month’s meeting minutes for approvals and corrections
He addresses parking. The ice cream shop will have 15 spaces, the dry cleaner
has 3 spaces and the repair shop has 12 spaces. He addresses the plans where
this is shown.

Reed addresses the parking lot issues and addresses customers driving straight
over to park when they see ice cream.

Discussion on parking and lay out.

Jenness addresses frontage and the Foyes corner signal possibility.

Mr. Smith states that he went to the Foyes Corner meeting and is not sure of the
plan that will be used yet.

Jenness addresses the DOT plans.

Brown states that backing out onto Sagamore Road is still a concern. He
addresses parking at an angle instead of perpendicular.

Mr. Smith states that they can accommodate that but in actuality they do not
back into the road.

Brown addresses the DOT uncertainty.

Mr. Smith states that the dairy bar parking is controlled because of the islands.
He states that the Golicks own a dairy bar in Dover and they have 15 spaces.
They use 5 to 12 spaces during the week.

Atty. Donovan states that he has a concern regarding the change of use being
covered by the zoning and it would be a requirement for parking compliance.
The maneuverability has to be off street. He addresses compliance with zoning
and states that it is not grandfathered because of the change in use.

Brown questions the measurement of the fog line to the ROW line. He states
that when the state widens the road they own to the edge of the ROW so the
applicant cannot include that space to the white line. He states that in back there
is ledge, wetlands and upland in back of the building. Can they rearrange the
parking out back?

Mr. Smith states that there is a possibility but because of the wetland he feels
that it would require a lot of engineering.

Galvin states that the spaces in the front have front yard zoning issues.

Atty. Donovan addresses the generation of parking demand.
Rye Planning Board Meeting minutes July 12, 2005 Page 3 of 12
Note: see next month’s meeting minutes for approvals and corrections
Brown states that people will want to zip into available spaces.

Gavin states that they want easy in easy out. He addresses the issues with the
Ice House.

Brown states that it is a heavily traveled road too.

Atty. Donovan addresses wetland setbacks. If it is less than 1 acre they may not
have issues.

Mr. Smith states that he thinks that the wetlands is less than ½ acre but has not
measured it.

Brown addresses parking and access. He states that they could have a
landscape buffer and have Laura Lane for access.

Mr. Smith states that they would still have to get the cars in and out and they
have big doors. He states that they had initially wanted to extend the parking
back but thought it would cause a problem because of the wet area (per survey).

Brown states that he should get the surveyors back to determine the size of the
wetland.

Low questions how much parking is needed.

Mr. Smith states that the parking on the plan conforms according to Altus
Engineers.

Brown states that they need 18 spaces.

The Board has a parking relocation discussion.

Mr. Galvin states that it would be nice to have a landscaped buffer in the front
instead of parking for aesthetics.

Reed discuses snow storage area and “No parking” signs.

Mr. Smith states that the dairy bar closes in the winter.

Brown states that if the wetland is less than 1 acre they can get 3 or 4 spaces in
back.

Atty. Donovan states that if there is adequate width parking they do not need a
turn around.
Rye Planning Board Meeting minutes July 12, 2005 Page 4 of 12
Note: see next month’s meeting minutes for approvals and corrections
Mr. Smith addresses the use of the DOT ROW for turning, etc. He states that the
parking spaces facing the building are existing.

Parking discussion.

Brown opens the session to the public and since there are no questions he
closes the public session at 7:30 PM.

Zechel states that he likes the plan as is.

Brown states that the parking spaces are contrary to zoning.

Atty. Donovan addresses possible variations and issues. He states that some
paces are grandfathered. He states that it is the Planning Boards decision if
there are zoning issues and the applicant needs to go to the BOA.

Mr. Smith states that the parking in the front was approved by the Planning
Board in 1991.

Reed ascertains that it has been a garage retail business since 1991. Parking
was Okay at that time.

Brown states that the amount of traffic has changed

Mr. Smith states that they have been on site for 12 years and he can recall no
accidents.

Brown looks at Atty. Donovan s parking calculation sheet.

Discussion.

Brown states that it looks like they could do some angle parking in the front and
then some in the back. He states that they need to determine the size of the
wetland area.

Mr. Smith states that several spaces have been removed.

Atty. Donovan states that he feels that the wetland is OK because the engineer
shows new construction within 10 ft. of the wetlands.

Low addresses parking issues. He states that the area is paved now.

Mr. Smith states that he cannot see ripping up pavement and planting grass.

Atty. Donovan addresses issues and planning. He states that they can add four
spaces, move the dry cleaning parking to the end, look at having the auto repair
Rye Planning Board Meeting minutes July 12, 2005 Page 5 of 12
Note: see next month’s meeting minutes for approvals and corrections
spaces out back, and eliminate some spaces north to south and go to angled
parking.

Mr. Smith states that the front of the garage bays has to be paved. He states
that they can angle park on the south side.

Parking compliance discussion.

Galvin states that the parking is still in the front yard whether angled or not.

Reed states that people will park where they want to but the plan has to adhere
to the law. She states that she is not comfortable approving this because of the
state unsurety.

Jenness states that the DOT decision will be at the end of August.

Brown states that they need to rearrange the parking or get zoning relief for
parking out front and backing into the road.

Low states that they should delay this for 60 days to see what the State and DOT
do. He states that he should propose parking in the back but he is not in favor of
eliminating the parking out front.

Jenness addresses the angled parking with the island.

Mr. Smith addresses more construction and paving and what exists. He states
that the abutters were concerned about traffic on Laura Lane.

Reed states that they will have to renotify abutters because of the significant
changes if they have parking in the back.

Atty. Donovan addresses angle spaces and existing onto Laura Lane. He states
that he does not want a travel lane out back.

Mr. Smith states that he is not in favor of that because of traffic on Laura Lane.
He does not ant a traffic lane out back.

Atty. Donovan addresses RSA 674:19 which discuss grandfathering. He
questions if this use is substantially different t than before. If it is the zoning
ordinance applies. The change is a creation of an ice cream stand and the
moving of the dry cleaners.

Jenness states that there will be quick traffic turn over.

Reed states that she feels that this is a substantially different use so she feels
that the zoning would apply.
Rye Planning Board Meeting minutes July 12, 2005 Page 6 of 12
Note: see next month’s meeting minutes for approvals and corrections


Low makes a “motion to accept jurisdiction.” Seconded by Brown.

Galvin states that they are starting the clock on the 65 days.

Brown states that they will have to start over if the plan changes because of the
DOT.

Atty. Donovan sates that the DOT/state will have to take some parking spaces so
they are enhancing the value of the land that the state is taking.

Mr. Smith states that the DOT existing plans do not show that they will be taking
land.

Atty. Donovan states that if that is the case then he takes back his prior
statement, he did not realize that.

Galvin states that it should not be accepted because of the uncertainty with the
DOT.

Atty. Donovan states that even if they get the variance it does not resolve all of
the issues. They still have site planning issues (parking and maneuverability)

Brown questions accepting jurisdiction.

Atty. Donovan states that they should not accept because it does not comply with
the ordinance. He suggests that Smith tries to address the maneuverability
issues and then come back to this board. He feels that a balance needs to be
achieved by the applicant and the board.

VOTE ON ABOVE MOTION: Low, Patrick- Favored; Galvin, Reed, Jenness,
Zechel – Not in favor. MOTION DENIED.

Brown states that the applicant should come back with a plan that addresses
some of the issues addressed tonight.

 Atty. Donovan states that they should have a new application but waive some of
the fees.

Smith states that he would rather have it continued because of the DOT issues.
Rye Planning Board Meeting minutes July 12, 2005 Page 7 of 12
Note: see next month’s meeting minutes for approvals and corrections
              2. Margaret L. and Leonard J. Bernard, 64 Wallis Road, Rye,
                 NH 03870, 64 Wallis Road for a Condominium Conversion.
                 Relief from Article VI, Section 602.1 and a Special
                 Exception to Article V Section 503 for a Condominium
                 Conversion for two existing separate dwellings granted by
                 the BOA on April 6.

Continued from June 14, 2005.

Brown states that this is the final application.

Brown addresses the points that were made at the last meeting which are: the
BOA approval, the septic and leach field, and the water service line. He states
that the new system is to be installed or reserve design. If it is the later the
common area should include pump tank.

Atty. Donovan states that he thought that the water was taken care of and the
water line separated as requested.

Mr. Bernard states that they are removing the septic system and putting the new
one in the common area. They are not redoing the leach field.

Atty. Donovan states that the intent needs to be clarified on the plan notes.

Mr. Bernard states that there are easements and the Association is to take care
of the landscaping, driveways, etc.

Brown states that the Limited Common Area (LCA) will cause a problem for
plowing and landscaping, etc.

Reed questions if there is a mediation contingency in the condo. Documents.

Mr. Bernard states that they have to look at that.

Brown addresses the “proposed extension” and ascertains that it was approved
by the BOA in April.

Galvin questions why there is so much LCA rather than common area.

Mr. Bernard states that 1/3 of the total property has to be common area per
minimum. They divided up the LCA so each unit had lawn, etc.

Brown states that they are making it LCA which limits the use. He states that this
is more like a subdivision.

Low states that it is like a subdivision.
Rye Planning Board Meeting minutes July 12, 2005 Page 8 of 12
Note: see next month’s meeting minutes for approvals and corrections


Mr. Bernard states that common area is limited to the use of one area.

Brown states that is contrary to condominium ordinance.

Atty. Donovan states that the Board is grappling with this because it is a way
around subdividing.

Low states that it is a loop hole in zoning created by condominiums.

Atty. Donovan states that it is state law. How much authority does the town have
to limit the LCA?

Reed states that it sets precedence.

Atty. Donovan addresses the Sayers case and the zoning amendment that stated
that they had to have at least 1/3 of the area in common. He addresses LCA and
states that the owners of the unit control the use.

Brown addresses the well house and ascertains that the pump has been
removed and it is now a kid’s play house. He ascertains that the diamond on the
plan in front of the home is a perennial garden.

The public session is opened and then closed at 8:30 PM.

Zechel makes a “motion to approve the request subject to the condition that a
note be added to the plan to explain the holding tank construction in the common
area and the abandonment of the existing tank. The chairman is permitted to
sign the plans once the note is added.” Seconded by Low. All favored.
MOTION CARRIED.

Atty. Donovan states that the easements for the sewer lines are pretty straight
forward but he will look at them if the board wants him to.


          3.     Review Temporary Land Use Permit. MIKE WILL
                 SUPPLY INFO

Atty. Donovan has the documents and he gives them to the board to review and
he discusses them. This would amend the LDR. He asks the board to look at
the holiday tree revisions.

The Board will review the amendment which is on file at Town Hall.
Rye Planning Board Meeting minutes July 12, 2005 Page 9 of 12
Note: see next month’s meeting minutes for approvals and corrections


             4. Modification of LDR, Section 611.5 E.

The public hearing was advertised for tonight.

There are no public comments.

Brown closes the public session.

Brown makes a “motion to adopt the amendment to the LDR.” Galvin seconded.

Reed ascertains that it is Okay for the chairman to make motions.

VOTE: All Favored. Motion carried.

4. Conceptual Consultation:

             1. Steven’s Realty Trust, 6 Lot Major Subdivision at 1483
                Ocean Boulevard.

James Verra and Atty. Loughlin are present.

Atty. Loughlin corrects statement that he made last month regarding roadways
created in the last 10 years that were in excess of 600 ft. He states that 3 of
those were prior to 1990. One of them was the Wentworth because the tear drop
shape started within 600 ft.

Discussion on road lengths. See Attorney Loughlins hand outs in town files
dated July 12, 2005 regarding road lengths.

Atty. Donovan goes through each road listed on the handouts and gives reasons
why each was passed the way that it was – due to unique circumstances.
Hunters Run had a brook at the tear drop so they extended to avoid that. Rock
Orchard precipitated the major change. It was the beginning of the derivation of
“10 homes” rule and the definition that if they had a loop the measurement had to
begin at the beginning of the loop. He states that Forrest Green was very close
to compliance but also was affected by a brook. Whitehorse was a court
approved compromise.

James Verra addresses the two concept plans. He states that Concept # 7 is a
loop road. It has 4 lots, one existing. There were 5 lots before with one existing.
He states that the radii of the curves are OK.

Brown questions the disposition of the existing cul-de-sac.
Rye Planning Board Meeting minutes July 12, 2005 Page 10 of 12
Note: see next month’s meeting minutes for approvals and corrections
Mr. Verra addresses the deeding easement. The cul-de-sac shall be eliminated
and revert back to the abutters.

Atty. Donovan states that the lots deeded back become nonconforming.

Mr. Verra states that they will eliminate paving and extend the driveway. He
addresses Concept # 8 which is a non loop road with a tear drop. It also has 4
lots, one existing. He states that there is less road. They are 250 ft. from the
600 ft. maximum so it is about 850 ft. He states that the loop is compliant but it
has a lot more road. He states that the tear drop is better as far as land
development is concerned.

Low addresses the future and the effect of allowing them to go over 600 ft.

Mr. Verra states that no drainage calculations have been done. The loop has
1000 ft. of road.

Low states that the plowing would be better on the loop.

Brown addresses smoothing out some of the curves on the loop.

Atty. Donovan states that the reason for the cul-de-sac length rule is to control
growth. If they waive that there has to be a justification. The waiver gives no
more lots and would allow for less paving. He feels that could distinguish it.

Low states that they need to consult with the highway department.

Atty. Donovan addresses the 5 lots around the curve and none in the middle. He
states that it could have less street.

Mr. Verra sates that they have ledge and septics to think about.

Discussion.

Reed addresses Smart Growth and states that tear drops are against that.

Brown ascertains that the applicant does not object to having the highway dept.
look at this.

Galvin states that the tear drop will require longer driveways thus some additional
paving.

Atty. Donovan addresses the “inside” lot.

Discussion.
Rye Planning Board Meeting minutes July 12, 2005 Page 11 of 12
Note: see next month’s meeting minutes for approvals and corrections
Atty. Donovan addresses the lots and access and egress and the issues of the
lots being cut off by a fallen tree if there is one access.

Atty. Loughlin states that they would need two entrances. He states that they
can talk to the road agent.

Brown addresses access ways such as “linking” subdivisions. He states that the
major concern is the 600 plus foot length.

Discussion.


5. New Business:

Brown states that he would like a volunteer to write an article for the newsletter

Reed also introduces Mr. Boedecker who would like to be an alternate.

Mr. Carl Boedecker introduces himself and gives a brief talk about his
background and interest in being an alternate for the board.

Reed makes a “motion to accept Mr. Boedecker as an alternate” Seconded by
Jenness. All Favored. Motion Carried.


5. Old Business:

Brown states that they need to review proposed zoning regulations.

The Board discusses the 1/3 in common for condos. Discussion on alternatives.

Mr. Elsden states that he surveyed area lots and determined that there are about
20 Single Family lots with 2 dwellings on them.


6. Payment of Escrow Invoices: Action required.
            West Environmental --$1,128.25

Low “moves to pay invoice as listed above.” Seconded by Reed. All Favored.

7. Miscellaneous Correspondence: None


8. Adjournment

There being no further business the meeting adjourned at 10:30 PM.
Rye Planning Board Meeting minutes July 12, 2005 Page 12 of 12
Note: see next month’s meeting minutes for approvals and corrections


Respectfully Submitted,
Anne-Michele Scannell

								
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