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Rye Planning Board February 8, 2005 Page 1 of 9

    Note: See next month’s meeting minutes for approval and corrections


    Rye, New Hampshire

    MINUTES 7:00PM Rye Town Hall February 8, 2005

Members Present: Robert Brown, Chairman; Mel Low; Priscilla Jenness, Selectmens

    Rep; Kevin Mills; Bill Zechel; Mark Galvin, Alt. For Kim Reed;

    Robert Hablutzel arrives at 7:14 PM.

Also Present: John Elsden, Alt. Priscilla Patrick.

Call to Order

1. Approval of Minutes:

    Regular monthly meeting January 11, 2005; and two special meeting

    minutesLow makes a ―motion to accept the minutes as written. Seconded by

    Jenness. All Favored. Mills abstained. MOTION CARRIED

2. Public Hearings:

A. Malcolm Smith, 311 Washington Road, Major Site Plan Application to locate

    two manufactured homes as office units, zoned Commercial. Septic system

    design required. Engineering is Altus Engineering.

Jeff Clifford of Altus Engineering presents the case.

Mr. Clifford addresses the last meeting and the slight adjustments that had to be made.

    He addresses septic system approval from the state. He states that approval letters from

    the state have been provided to John.

Brown ascertains that they were here previously on December 14. The application was

    not accepted at that time because there were some things that were needed.

Mr. Clifford addresses the site plan. He addresses the trailer locations, septic location,

    parking (they are providing 6 spaces), lighting, small enclosure for solid waste, signage

    (―STOP‖ sign and ―NO ENTRY‖), one way traffic circulation through the site, and

    ―ENTRANCE ONLY‖ sign and a business sign that meets the ordinance requirements.

    He states that they requested waivers. They provided the cut sheets for the lights, photos

    of the mobile units in lieu of elevations, they have developed a Use Intensity statement

    (explains proposed uses and intent, ie. minimal visitors 2 per day on average), growth

    potential, traffic generation (11 trip ends per average weekday including employees), 8

    am to 8 pm hours of operation, wastewater explanation (approved by state), public


Mr. Clifford addresses the waivers. (Assisted by Brown, page 5 of Staff Report).

Rye Planning Board February 8, 2005 Page 2 of 9

    Note: See next month’s meeting minutes for approval and corrections


    ? 403.2B10- Existing/Proposed sidewalks and curb cuts none proposed, they are

    really existing sidewalks curbed together;

    Mel makes a ―motion to grant the waiver.‖ Seconded by Zechel. All Favored. MOTION CARRIED.

    ? Final Topographic and soils plan. He states that soils maps are used for intensive

    septic systems and are also used for storm water calculation. After testing, they do

    not feel that this is needed. They are not changing the impervious on the site. He

    states that the soils are identified as 510A. Test pit discussion

    Mel makes a ―motion to grant the waiver.‖ Seconded by Zechel. All Favored. MOTION CARRIED.

    ? Storm Water Drainage Mgmt. Plan water drains onto abutting property which is

    the same land owner, there is not much run off from the site, there is a roadside

    swale on Rt. 1 that does function. There is no erosion out there at all. He states

    that they are not changing the amount of pervious on the site; everything is on the

    existing pavement.

    Mel makes a ―motion to grant the waiver.‖ Seconded by Zechel. All Favored. MOTION CARRIED.

    ? Elevation drawings. Applicant states that they have submitted photographs. The

    buildings will remain on wheels and will be on a concrete pad.

Brown states that the units do not exist because there was never a permit issued for them.

    They were on the site but they did not legally exist.

Mel makes a ―motion to grant the waiver.‖ Seconded by Jenness. All Favored.


Brown asks if there are any public or board comments. There being none he closes the

    public hearing.

    Galvin makes a ―motion to accept jurisdiction over the application.‖ Seconded by Low. All Favored. MOTION CARRIED.

    Galvin ascertains that there are no violations on this property. The violations are on the

    abutting property owned by the same owner.

Brown states that they cannot hold a hostage.

Rye Planning Board February 8, 2005 Page 3 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Galvin makes a ―motion to accept the application.‖ Seconded by Low. All Favored.


Mr. Clifford states that he will bring the Mylar to be signed.

Hablutzel arrives.

B. Kenneth and Paula Moore, convert a yet to be constructed duplex into 2

    condominiums at 27-29 Wentworth Road, Tax Map 26, Lot 11:

    Brown discusses the special exception and variance that were granted. This application was continued from last month’s regular meeting.

    Mr. Elsden summarizes the Staff Report. He states that Mr. Moore did bring in the soils plan. He addresses the application. He has received construction approval from DES and a driveway permit from DOT. 4 parking spaces are indicated on the plan; Atty. Donovan has some comments on that. The Condo. Declarations are in Atty. Donovan’s possession

    for review. The floor plans had been submitted but Atty. Donovan stated that they were inadequate. They did label the water shed off.

    Brown ascertains that they have the DOT permit for the driveway because of the curb cut. The driveway had to be moved because of the septic location.

    Mr. Moore discusses his submissions. He addresses the Storm Water Management plan and drainage. He discusses the site plan - parking, ingress and egress, snow removal and storage, storage areas (solid waste, recycle bins, propane tanks).

Unintelligible discussion.

Jenness discusses the fire ratings on the doors, storage areas, etc.

    Mr. Moore addresses architectural issues, foundation, etc. He states that under the porch there would be a half wall and the LPG will be stored there. Discussion on site plan. There will be a basement floor level area under there with a slab with a wall that will probably be 4 or 5 feet high. It will be open porch under there but it will be an area that has a slab on it.

Patrick questions the layout of the units.

Unintelligible discussion.

    Discussion on parking, turnarounds, guest parking, and separation of the garages underneath into separate units.

Rye Planning Board February 8, 2005 Page 4 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Mr. Moore states that the basic dimension of the building is 40 by 60 ft. (not including the alcoves). He states that they tried to do everything to comply with all of the setbacks, height, etc.

    Low questions why he chose to go condominium which is contrary to the zoning.

Brown states that condominium is not really contrary to the zoning.

    Low states that they need to go to the BOA. There are not any other condos in the whole neighborhood. It is all single family. He can see why he would request a duplex because there were two units there before. This will change the whole zoning structure that they have that they try to maintain.

    Galvin states that he was surprised in the minutes to read the section that says Drake questions if there are any variances needed to build a new building and Atty. DuCharme states that no variances are needed for the applicant. As a result of this discussion there was an approval requiring that it would only occur if the Planning Board approved the site plan. It does not seem to him that based on that information, when later it was found out that a variance was needed, that that conditional approval was invalid. It is important that the representations of the applicant and applicant’s agents are accurate so that the

    members of the board can rely on the information. He has not seen the BOA minutes for the subsequent meeting. How was the position when it went back? The Planning Board wants you to provide a zoning variance vs. the zoning board saying they cannot approve it because it violates the zoning. He feels that this is potentially for commercial gain creation of a greatly enhanced duplex property is a single residence zone and that seems to be a pretty direct violation of what the Planning Board was here to sit on.

Brown addresses the variances granted on January 7.

    Galvin states that the special exception was approved based on the representations of the applicant that no variances were needed, which was not accurate. He feels that would negate the special exception.

    Brown states that he is not sure that the BOA would go solely on the representations of the applicant’s attorney.

    Atty. Donovan states that there is a rule that the attorney is not supposed to mislead any……

    Galvin states that the ordinance states that representations of the applicants become conditions of approval.


    Brown states that the bottom line net result is that they got the variances.

Rye Planning Board February 8, 2005 Page 5 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Atty. Donovan discusses the misunderstanding that because there were two SF dwelling

    units on that lot that entitled them to a duplex and that was not the case because the

    zoning ordinance prohibits two dwelling units from being on the same lot. So they have a

    non-conforming use situation. If one wants to rid themselves of the nonconformity then

    they have to go back to conformity.

Galvin voices concern on the communication between the boards.

Low discusses the condominium aspect. He states that this is the first case that he has

    seen on a residential lot and not a commercial lot that the applicant has come in and

    requested construction of condominiums. He states that if they approve this then they are

    weakening their zoning. The next person is going to come in and say ―he did it I want

    it.‖ How are they going to say that they cannot?

Brown discusses condos and construction and individual residences.

Low states that he just cannot remember a residential.

Atty. Donovan mentions Joe Sayers, Ocean Blvd. He states that had two dwelling units

    on it.

Brown discusses turn around, parking, snow removal, room for emergency equipment.

    He states that there are several problems with the parking. He states that it will be

    difficult to have them parking in that close proximity 9 ft a piece.

Discussion on parking, handicap accessibility, grading and elevation. The board feels

    that a turn around area is needed to prevent backing onto the street.

Discussion on oil pumping trucks can pump about 100 ft. Discussion on piping and oil


Jenness ascertains that the width of the garage is 16 ft.

Discussion on making the driveway wider. Cars cannot be parked within 10 ft. of the

    property line.

Brown states that they are wasting time trying to decide this tonight. He states that the

    driveway and spaces for cares are not adequate per the ordinance requirements. It looks

    like a safety hazard to try to negotiate the way it is now.

Atty. Donovan states that with condo project floor plans and site plans go with the

    Declarations. Those are the last step in the condo project floor plans and site plans

    comply with statutes have to get prepared by the engineer and architect and they are not

    nearly as detailed as what they have. They get recorded with the Declarations. They

    board can conditionally approve the condos subject to that being verified.

Rye Planning Board February 8, 2005 Page 6 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Hablutzel discusses the ledge on the lot and its removal.

Discussion on basement and garage and ledge.

Conversational discussion.

Galvin discusses the 203.3 Section F area of lot per family requirement states that

    66,000 SF per family is required, and the frontage of the lot shall be 200 ft. these two

    things would be violated.

Brown states that he did not get a variance for that.

Atty. Donovan discusses that variance from Section 203.1 was permitted uses so they got

    a variance for a two family dwelling and you have a 602.1.


Atty. Donovan states that it would not be grandfathered because they are demolishing the

    house. It is a tear down and rebuild not on the footprint. Just because there were two

    detached single family dwellings that that transferred to the right to have a duplex and

    that not the case because it was not existing.

Mr. Moore states that the case here is that they have two dwellings on this particular

    sized lot and that transfers to separate dwellings on a different footprint on the same lot.

Atty. Donovan states that he does not think that it does.

Conversational discussion.

Atty. Donovan addresses the BOA and the Pirates Cove condos and the condos at

    Hemingway’s restaurant. He states that all of the boards try to do the right thing and that

    is the BOA approach an outcome based approach.

Conversational discussion.

Hablutzel states that he feels that they are touching on things beyond their scope. He

    states that the underground electrical appears to go through ledge.

Brown states that they need to work on driveway access and egress and maneuverability.

    He addresses locations of gas tanks.

Discussion on parking requirements, setbacks and issues.

Conversational discussion.

Atty. Donovan will address which variances are needed for the April BOA.

Rye Planning Board February 8, 2005 Page 7 of 9

    Note: See next month’s meeting minutes for approval and corrections

Jenness makes a ―motion to continue the application to the April 12 Planning Board

    meeting.‖ Seconded by Low. All Favored. MOTION CARRIED.

    C. Mike Conley, Gardner Mattress, 135 Lafayette Road, Major Site Plan

    application to convert storage to retail space and to add storage structure to

    existing use:

Brown states that they got the application with a list of requested waivers.

Mr. Elsden states that Mike is converting the existing storage space to retail and then

    adding a building in back which is 1800 SF. Mike has added a number of items to the

    site plan which will be mentioned in his report. The bottom line on this report is that they

    had 11 items at the TRC that he still needed to put on his site plan and all of that has been

    done except for the drainage vectors and a note limiting the types of retailing uses. They

    have 4 waiver requests.

Mr. Conley discusses. He thought that Fred was actually going to show the actual

    progressive grade of where the water was going to. He states that there should be arrows

    of some sort showing where the water is. Unfortunately, Fred was out all week on

    vacation and left this in the hands of Laura and last night she said unintelligible. He asked

    to come over 1

    st thing this morning and she did and he has not had a chance to look at this.

    He discusses the plans, runoff and drainage. He states that he will get Fred to revamp

    this thing and show it.

Brown states that the drainage vectors are there to protect abutters. They need to show

    where the water is going.

Mr. Conley discusses the property and the proposal and the French drain system. He

    addresses the high and low points on the property and drainage and natural grade.

    Unintelligible. There will be no increased traffic it used to be an auto parts shop. His

    traffic is limited. He gets three cars a day on average.

Brown states that if it is approved there will be a condition that the use of the proposed

    retail does not cause the parking calculation to be under requirement.

Unintelligible discussion.

Mr. Conley discusses the day spa. He discusses the buffer and landscaping.

Brown questions the drainage vectors and the drainage plan. He questions whether the

    dry well is adequate.

Conversational discussion.

Rye Planning Board February 8, 2005 Page 8 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Hablutzel makes a ―motion to accept jurisdiction over the application.‖ Seconded by

    Mills. All favored. MOTION CARRIED.

Brown states that he is requesting the waivers basically because what he is doing does not

    affect these particular sections.

WAIVERS (Page 2 of Staff Report):

    ? 403.1E - Final Topographic and soils plan.

Brown states that the affected areas are serviced by the French drain and drywells (3).

Mr. Conley states that they will probably have to put manhole covers on the unintelligible.

Hablutzel feels that this should be continued.

    Hablutzel makes a ―motion to continue this to the next Planning Board meeting (March 8) to get the final plans because these waivers are all related to drainage.‖ Seconded by

    Galvin. All Favored.

Needed on plans: Drainage vectors, location of manhole covers, and label on storage

    building ―mattress storage.‖

    D. Christian Barone, Barone’s:

Christian Barone presents the case. He states that he will be serving steak sandwiches.

    Discuses traffic flow. He states that they will have 20 cars per hour. It will not be a

    heavy traffic flow. Simple specialized diner. He discusses the plans. His months of

    operation will be 6 months, 7 days a week. Sunday through Thursday will be 10 am to 7

    pm and Friday and Saturday will be 10 am to 9 pm. They will serve cheese steaks chips

    and soda. There will be no seating. Drive in and park and get food and take it away. He

    states that the lot is large enough to accommodate 10 spots. Section 500 in the zoning

    states that each spot must be 10 ft. wide by 18 ft. long for each spot. Signage will be

    according to zoning. He will have one mobile sign that will be put away at night. It will

    not be luminated. His turn around time will be a minute and a half. He will have 4

    employees per day, 2 per shift. There will also be one manager per shift (he or his wife)

    He addresses the trash pick up service. He plans on having a 55 gallon garbage

    containers spread through out the property. He will provide a port-a-potty.

Hablutzel addresses traffic flow and people eating in their cars. He addresses foot traffic

    from the skate park. (Rep. from skate park states that they have their own

    concessions).He feels that this site will not have traffic problems like the coffee place

    would have.

    Jenness addresses parking angle parking.

Rye Planning Board February 8, 2005 Page 9 of 9

    Note: See next month’s meeting minutes for approval and corrections

    Hablutzel ascertains that the trailer would be stored in the winter.

Discussion on car projections. He studied similar establishments.

    Hablutzel states that there must be an objective measurement. He states that he feels that this is the best plan. He questions having a picnic table.

Conversational discussion.

    Mr. Elsden ascertains that the size of the building would require about 6 spaces. The spaces are 60 ft. back from the ROW.

    Brown states that they need something that shows the spaces and the dimensions.

    Discussion on car stacking and turn around time. Conversational discussion.

3. Temporary Uses

Continued to March meeting.

Brown makes a ―motion to continue until next month.‖ Seconded by Hablutzel. All

    favored. MOTION CARRIED.

Robert Hablutzel leaves at 9:30 PM

4. Senior Housing

    Low discusses Senior Housing and development services needed. Discussion on visioning session.

5. Payment of Escrow Invoices:

     A. Mike Donovan, $52.00 for review of condominium conversion

    application from Ken Moore

Galvin makes a motion to pay the invoice as listed.‖ Seconded by Mills. All Favored

    Motion Carried.

There being no further business the meeting adjourned at 9:40 PM.

    Respectfully Submitted,

Anne-Michele Scannell

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