ZBA OKs two‑lot subdivision variances on Brackett Road, imposes wetland protections

The Rye Zoning Board of Adjustment on May 6 granted variances needed to subdivide 120 Brackett Road into two lots and allow a new home on the proposed lot, but attached environmental and process conditions intended to reduce wetland impacts.

Attorney Tim Phoenix, representing owner Dolores Lintz, said the 6.2‑acre parcel has 424 feet of frontage and that the applicant revised plans after Conservation Commission feedback, reducing tree removal from 34 trees to 20 and cutting tree‑removal area by roughly 20.4% and tree count by about 41.1% from the original submission.

Conservation Commission member and abutter Michael Thiel raised concerns about potential nitrogen pollution if conventional fertilizer is used on new lawn areas near wetlands, noting his active use of a right‑of‑way that crosses or adjoins the property. "I use it two or three times a week," he told the board while pointing to the site plan, and urged protection of the wetland buffer.

Applicant representatives and the board discussed mitigation measures. Engineers said the proposed rain garden would manage runoff and that low‑nitrogen or organic fertilizer products are available; the applicant agreed to conditions but board members expressed concern about mandating seasonal or timing‑sensitive planting requirements. The board ultimately approved the variances under Sections 190‑2.3.C(3), 190‑3.1.H(2) (grading/tree removal), and 190‑5.12.C(2) (advanced treatment septic setbacks), subject to three conditions: Planning Board approval of the subdivision, submission and adherence to a rain‑garden maintenance plan, and use of low‑nitrogen organic fertilizer on the new lot.

The motion passed 5‑0‑0.