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Rye ZBA approves outdoor seating and setback relief for Common Roots Café with conditions
Summary
The Rye Board of Adjustment approved a waiver allowing 24 outdoor seats at Common Roots Café without the 12 additional parking spaces the ordinance table would normally require, and granted related setback and nonconforming-structure variances 4–1 with conditions requiring Planning Board confirmation and DOT permits.
The Rye Board of Adjustment on March 4 approved variances that let Common Roots Café expand its outdoor seating and modify a raised patio, while attaching conditions tied to condominium and state approvals.
Attorney Tim Phoenix and owner Robin Wehbe sought relief to allow 24 outdoor seats without the 12 additional parking spaces required by §190-5.0 and to extend a raised patio closer to Ocean Boulevard and Powers Avenue under the town's setback rules (sections 190-2.10 and 190-6.3.A). The board separated the parking-seat waiver from the setback relief and approved them in two votes.
The board unanimously approved the §190-5.0 waiver permitting 24 seats without the ordinance’s calculated 12 additional parking spaces, finding the variance criteria met. Board members said the proposed use does not change the character of the business district and that the seating arrangement would not further restrict light, air or general safety beyond existing conditions.
On the setback and nonconforming-structure relief (190-2.10/190-6.3), the board approved the variances 4–1, with Chair Shawn Crapo dissenting. The board’s approval is subject to three conditions: the applicant must obtain Planning Board approval to designate the common area portion as part of the café’s unit; the applicant must receive confirmation and any permits required for improvements within the State right‑of‑way; and plan details must show a railing “incapable of balancing food or beverages” to keep patrons from placing items on the rail.
Neighbors and the police weighed in on safety and enforcement. Resident Sharron Constatino urged the board to prioritize sight lines. Police Chief Scott Blaisdell said the town and State were working to eliminate parking in front of the store and that the town intends to enforce new restrictions by summer. Wehbe described delivery practices and told the board deliveries typically take “about 10 to 12 minutes,” which he said contributed to occasional blockage of the curbside area.
Attorney Eric Maher, advising the board, noted that zoning boards are not adjudicators of title and that the board may rely on the applicant’s representation that the condominium association supports the project; the board made condo-document confirmation a condition of any approval.
The decision leaves in place enforcement and permitting steps outside the ZBA’s authority: the Planning Board must approve the common-area designation and the New Hampshire Department of Transportation must confirm or permit work in the state right‑of‑way before the applicant may begin the proposed improvements.
The board’s minutes show the setback/nonconforming relief passed 4–1, with Crapo recording the lone “no.” The seating waiver passed unanimously.
