TOWN OF RYE - PLANNING BOARD MEETING Tuesday, December 8, :00 p.m. Rye Town Hall

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1 TOWN OF RYE - PLANNING BOARD MEETING Tuesday, December 8, :00 p.m. Rye Town Hall Members Present: Chairman Bill Epperson, Vice-Chair Phil Winslow, Mel Low, Selectman Priscilla Jenness, Alternates J. M. Lord and Jeffrey Quinn (arrived 7:30 p.m.) Others Present: Planning/Zoning Administrator Kimberly Reed I. Call to Order and Pledge of Allegiance Chairman Epperson called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. II. Designation of sitting alternates - Action Required Chairman Epperson seated J.M. Lord for Keriann Roman and noted that a quorum was present. III. Approval of the November 10, 2015 Minutes - Action Required The following corrections were noted: Page 1 it should be noted that Jeffrey Lord under 'Members Present' should be Jeffrey Quinn. Page 2, 3rd paragraph, 2nd sentence should read: He pointed out that there is a letter in the Board's packets from the President of the Seafarer's Association, Page 2, 4th paragraph from bottom, 2nd sentence should read: It is difficult to know in the line of chronology where some of the items are presented and what they represent, especially when it comes to pictures. Page 2, last paragraph, 2nd sentence should read: There are also two gutters that come together. Page 3, 2nd paragraph, the motion should read: Motion by Keriann Roman to grant a waiver for requiring final site plan drawings given the specific circumstances of this application, Plan 3, last paragraph, 4th sentence should read: The Public Works Director noted that approval of the plan would preclude the application for a driveway permit. Page 5, last paragraph, last sentence should read: She noted that her house is in the middle of three lots. 1

2 Page 6, 3rd paragraph from bottom, 3rd sentence should read: However, if the Planning Board accepts jurisdiction it would be stepping into the realm of what the Board of Selectmen have said that they would not grant because it was a voluntary merger by the Town. Motion: Mel Low moved to accept the minutes of November 10, 2015 as amended. Seconded by Priscilla Jenness. Vote: 3-0. Abstained: Phil Winslow Site Walk Minutes of November 14, 2015 Site should be sight in the following locations: - Page 2, 5th paragraph, last line - Page 2, 6th paragraph, last line - Page 3, 2nd paragraph, 1st & 2nd line Page 3, 1st sentence should read: Member Quinn asked how much the owner feels they are compromising away by going with the alternate plan. Motion: Phil Winslow moved to accept the minutes of the site walk of November 14, 2015 as amended. Seconded by Mel Low. All in favor. IV. Public Hearings - Action Required: Lot Line Revision Plan by MSC Engineering on behalf of the applicant Stephen Binnie of 126 Daniel Street, Suite 200, Portsmouth, NH for property owned by Edmund J. Mulcahy 4134 Richmond Park Drive East, Jacksonville, FL, property located at 0 Wentworth Road, Tax Map 24, Lot 68, and with Wentworth by the Sea Country Club, 60 Wentworth Rd, Tax Map 24, Lot File No.: Corey Colwell, MSC Engineering, presented the proposal for a lot line revision between Wentworth by the Sea Country Club and property currently owned by Edmund Mulcahy, which Stephen Binnie plans to purchase. Mr. Colwell reviewed the plan showing the existing boundary lines of the Country Club, which consists of 110 acres. He also reviewed the location of the boundary line adjustment, which consists of a triangular piece of property currently owned by Wentworth by the Sea Country Club that will be conveyed to Stephen Binnie upon his purchase of the Mulcahy property. The property to be conveyed is 48,598sf. The Mulcahy property will become a total of acres. No issues or concerns were noted by the Board. The chairman opened to the public for comments or questions. Hearing none, the public hearing was closed at 7:20 p.m. 2

3 Motion by Phil Winslow to take jurisdiction over Lot Line Revision Plan by MSC Engineering on behalf of the applicant Stephen Binnie for property owned by Edmund J. Mulcahy and located at 0 Wentworth Road, Tax Map 24, Lot 68, and with Wentworth by the Sea Country Club, 60 Wentworth Road, Tax Map 24, Lot 61-26; File No: Seconded by J. M. Lord. All in favor. Motion by Phil Winslow to approve the Lot Line Revision Plan by MSC Engineering on behalf of Stephen Binnie for property owned by Edmund J. Mulcahy and located at 0 Wentworth Road, Tax Map 24, Lot 68, and with Wentworth by the Sea Country Club, 60 Wentworth Road, Tax Map 24, Lot 61-26; File No: Seconded by J. M. Lord. All in favor. V. Public Hearings on Proposed Zoning Amendments - Action Required: Amendment : Amends the frontage requirement for multi-family dwellings and developments with workforce housing to allow frontage on a private street if certain requirements are met. Chairman Epperson read Amendment (attached). No issues were noted by the Board. The chairman opened to the public for comments or questions. Dan Philbrick, 185 Three Rivers Farm, Dover, property owner in Rye, asked if the chairman could explain the purpose for the amendment. Chairman Epperson explained that there is a proposal from the NH Housing Partnership to build a section of Work Force Housing in Town. There are 10 acres on Airfield Drive that is being considered for the location. The Town has adequate room in the schools and community services. The Board feels it may be a good time to move forward on the amendment. No further comments or questions were heard from the public. The public hearing was closed at 7:26 p.m. Motion by Mel Low to move Proposed Zoning Amendment to the ballot. Seconded by Phil Winslow. All in favor. Amendment : Adds a definition of "Prohibited" to the ordinance which states that a prohibited use is contrary to the public interest and not consistent with the spirit and intent of the ordinance. Chairman Epperson explained that it had come to the attention of the Planning Board that a lot of the prohibited items that were in the Land Development Regulations and Zoning Ordinance were being overridden by the ZBA. He brought this to the Rules and Regulations Committee with the hopes of creating an ordinance that says "prohibited is not permitted at all". Since that time, there has been a lot of discussion about the wetlands. He recommends that this not be put on the 3

4 ballot until the Board has an opportunity to see the proposed changes to the wetlands regulations and act on it next year. He read the proposed zoning amendment (attached). After some discussion, the members agreed that they would like to address this again at the January meeting. Chairman Epperson opened to the public for comments or questions. Hearing none, he closed the public hearing at 7:29 p.m. Motion by Phil Winslow to move Proposed Amendment to the January 12th Meeting. Seconded by J. M. Lord. All in favor. Note: Jeffrey Quinn arrived at 7:30 p.m. and was seated for Tom McCormick. Amendment : Adds a new Section 802-A requirement for Certificates of Unit Occupancy to the ordinance. Such certificates would be required for all existing and future units which are rented or leased, including dwelling units and hotel/motel units. Section 504 regulating tourist cabins and hotel/motel units is amended to provide for such certificates and to require containers for collecting recyclables. Chairman Epperson reviewed the changes (attached). This is to make sure rental units comply with the rules and regulations for safety and would be an annual application process. Planning Administrator Reed noted that this change was brought forward by the Building Inspector. The chair of the Rules and Regulations Committee, Keriann Roman, worked diligently with the Building Inspector on drafting the proposed amendment. The draft has been vetted by Attorney Donovan. The Board reviewed the amendment. Chairman Epperson opened to the public for comments or questions. Dan Philbrick stated that he owns quite a few units in Rye. He has some concerns with the amendment. This is applying for a Certificate of Occupancy every year. The certificates are usually approved at the time the unit is built so the unit has to meet the code at that time. This amendment seems to address every rental in Town. He is not sure that all the rentals in Town would meet today's C/O requirements. This will be a lot more impacting than it may seem at a glance. He is in support of having safe dwellings; however, this is something that is going to require a lot more work. There are a lot of places that do not meet today's code that are safe to stay in. If the Fire Department follows through on permitting it would make perfect sense. However, this is overreaching and calls for inspections from both departments. Chairman Epperson explained that they are trying to make sure the rental units are safe and are inspected on a yearly basis. The Town has to start somewhere in making sure the safety regulations are adhered to. 4

5 Mr. Philbrick further expressed his concerns. Mark Kearns, Trustee of Three Rivers Farm Irrevocable Security Trust, Rye property owner, stated that an ordinance must apply to every single unit in Town. The term "otherwise occupied" brings in every residential unit in Town and every unit has to be inspected. The regulation to see if the units have "any code violations" apply to all codes; FEMA, energy, lead paint, etc. The Code Enforcement Officer has to inspect every unit for any code violation. If there is an accident because something was missed that is opening up the Town to liability. The term "adequate construction" has to have standards. What may be adequate for one person may not be adequate for another. As written, a judge would determine that this applies to every single rental unit in Town.. John Murphy, 28 Gray Court, stated that his property on Gray Court would not pass what is being proposed. He also owns a property at 2225 Ocean Boulevard, which is a 1940's beach house and it would not pass. The primary concern is to preserve the public health safety and welfare of the occupants and public. He asked if there is data that indicates that there have been problems. There are close to 100 homes that are for rent in the summer. He wished that there was a collaborative effort on determining what would work for the Town and the property owners. Chairman Epperson explained that there was a collaborative effort with the Planning Board, Rules and Regulations Committee and Town Counsel. The Planning Board Members are elected to do work on behalf of the people of Rye. Jennifer Madden, resident and realtor, stated that a lot of her clients own rental property in Rye. She asked if the burden will be on the property owner to approach the Town. Chairman Epperson explained that if it is a unit of record the Town will notify the property owner. Ms. Madden asked if this will apply to everyone going forward with no grandfathering. Chairman Epperson confirmed. Ms. Madden noted that she owns rental units in other towns and is not required to go back to the town on an annual basis. Mr. Philbrick expressed more concerns regarding the Town being opened up to liability. Chairman Epperson asked the thoughts of the Board. Member Lord stated that he is a little concerned about unintended consequences. He would like more input from Attorney Donovan and the Building Inspector. 5

6 Member Quinn stated that he is sympathetic to what he has heard from the public. He is unclear as to the situation that compels this kind of regulation. There is property of all ages throughout the Town. To put this kind of onerous on everyone is going to be added pressure for the Town and each individual property owner. Vice-Chair Winslow stated that if this goes into effect it would be disrupting the substance of commerce and people's lives. This will be impacting 100 units over 13 weeks which is about 1300 families from the standpoint of their vacations that they have contracts for. The other concern is the liability. If this is not done consistently across the Board and something happens in a unit that was not inspected the Town will have double liability. Member Low commented that the inspections before were for safety. The issues of the energy code, etc., gets more complicated; however, somewhere in between the Town has to maintain safety. Selectman Jenness noted that a lot of places need to be upgraded. The Board is not going to throw this out. The Board will just need to take a longer look at it. Chairman Epperson stated that there are clearly hesitations on this amendment. He recommended that the Board continue this to the January meeting and prior to that he will try to arrange a special Rules and Regulations meeting to address the amendment with public input. The public hearing was closed at 8:20 p.m. Motion by Phil Winslow to continue Proposed Zoning Amendment to the January Planning Board Meeting with the consideration of having a special Rules and Regulations Committee Meeting, which will be open to the public, to discuss some of the controversially items in the amendment. Seconded by J. M. Lord. All in favor. VI. New Business: A. Third request for reduction in letter of credit by The Meadows at South & West Developer for development at 561 South Rd, the Rye Farm Subdivision in the amount of $42, Motion by Jeffrey Quinn to approve the request for reduction in letter of credit. Seconded by Mel Low. All in favor. B. Proposed Amendments for Consideration for the December Public Hearing: Proposed Zoning Amendments by the Conservation Commission Tracy Degnan, RCCD, and members of the Conservation Commission were present to discuss the proposed Zoning Amendments. 6

7 Tracy Degnan, Rockingham County Conservation District, explained that she has been working with the Rules and Regulations Committee since August on amendments to the Wetlands Ordinance. The goal is to protect the water quality in the Town and to make the ordinance more efficient and clear. The Conservation Commission has seen a lot of infringements on the wetland resources, as well as the buffers in the last few years. There have also been a lot of requests for prohibited uses within the wetland buffers. She noted that since August she has reviewed eight other coastal communities regulations. She has also had two planners review the ordinance and changes, along with a wetlands scientist and other resources agencies, NH PREP and NH Audubon. She has received and reviewed the comments from Attorney Donovan and feel that most of them can be easily addressed. She reviewed the proposed changes to the ordinance. Size of wetlands change from 1 acre to 3,000sf - (3,000sf triggers a Minimum Impact Permit w/nh DES); 100ft buffer for all resources greater than 3,000sf - (PREP promotes 100ft for all wetland resources); Title change to Section 301; Wetlands and Surface Waters-Conservation Overlay District - (authorized as an Innovative Land Use Control adopted under 674:16 and 674:21); 301.2; Purpose was moved to front of ordinance; Objectives added that tie into the goals of the master plan and the goal of protecting the buffers; Definitions added that are specific to the ordinance; New Section 301.4; Definition of the Overlay District; Section (formerly 301.4) has been reworded; Former Sections and were consolidated into a new Section 301.6; Permitted Uses of the Overlay District; Added to Section that the Conservation Commission shall complete a preliminary review and offer a written recommendation prior to the Zoning Board's final decision. Also for the Planning Board prior to making a decision about a road. Section 301.8; Conditional Use Permits - New; Section 301.9; Overlay District Buffers (formerly 301.8) amended; Section ; Permitted Uses (formerly 301.8) to allow improvements to the public right-of-ways, as long as Best Management Practices are used; Section ; Restrictions (formerly 301.8); Section ; Pre-existing uses in the overlay district where there is no expansion of use (new section); Section ; Pre-existing uses in the overlay district where there is an expansion of use (new section); New Section added for violations. After review, it was agreed that Mrs. Degnan will (1) refine the draft; (2) make sure Attorney Donovan's items have been addressed; (3) send a cover letter to Attorney Donovan and the Planning Administrator explaining refined changes; (4) turn in a copy of the completed draft to the Planning Administrator by Friday, December 11th. Planning Administrator Reed will send 7

8 the legal notice to the newspaper for posting in the paper on Friday, December 11th for a public hearing on December 22nd. Motion by Phil Winslow to schedule the first public hearing on the Wetlands and Surface Waters-Conservation Overlay District Proposed Zoning Amendment for December 22nd, 7:00 p.m. Seconded by Mel Low. All in favor. Other None VII. Payment of Escrows: Payment to Sebago Technics South Road - $ Motion by Phil Winslow to pay Sebago Technics in the amount of $ Seconded by Mel Low. All in favor. VIII. Old Business/Communications/Miscellaneous/Other A Long Range Planning Meeting is tentatively scheduled for January 7th. Next Rules and Regulations Committee Meeting to be scheduled upon confirmation of Keriann Roman, R&R Chair. Adjournment Motion by Mel Low to adjourn at 10:00 p.m. Seconded by Jeffrey Quinn. All in favor. Respectfully Submitted, Dyana F. Ledger 8

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