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Rye Planning Board approves Common Roots Café deck expansion with safety, operational conditions

Town of Rye Planning Board · May 12, 2026
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Summary

On May 12, 2026 the Rye Planning Board approved Common Roots Café’s request to extend its deck at 2203 Ocean Blvd., granting waivers for certain submission requirements while imposing safety and operational conditions including concrete bollards, hours limits, and condominium document revisions.

The Rye Planning Board on May 12 unanimously approved a Minor Non-Residential Site Development Plan allowing Common Roots Café (2203 Ocean Blvd., Unit D) to expand its seasonal outdoor deck, subject to safety and operational conditions.

The board granted the applicant’s waiver requests for plan submittal format (LDR §202-3.5.A(1)), topographic/soils information (202-3.5.A(6)) and a stormwater management plan (202-3.5.A(5)), finding the project is small, located on existing pavement and that prior stormwater infrastructure handled large storms in December 2023 and January 2024. Vice-Chair JM Lord moved to grant the application; the motion was seconded by Member Steven Borne and passed 7-0-0.

Why it matters: the approval allows the café to formalize expanded outdoor seating that the Zoning Board previously accommodated by variances, removes two parking spaces in front of the building and requires coordination with the New Hampshire Department of Transportation (NHDOT) on right-of-way work and a no-parking zone.

The Board’s written conditions require the site plan to show “no fewer than four (4) concrete bollards, or equal,” placed along Ocean Boulevard for patron protection; hours of operation fixed at 7:00 a.m.–5:00 p.m.; outdoor seating season April 15–October 15; no changes to existing lighting or signage; no outdoor liquor or amplified music; tables arranged to allow approximately 36 inches of passage for accessibility; and a revised Condominium Declaration and Bylaws be submitted and recorded reflecting any changes to common areas used by the café. The Board also required escrow for Town counsel review and stated that NHDOT approvals or permits should be included as conditions of approval.

An abutter, Cindy Mailleau of 2197 Ocean Blvd., asked about parking in front of the deck; Select Board Representative Rob Wright said the State will install 'No Parking' signs in front of the deck and that the town can enforce interim restrictions. Deputy Fire Chief Kevin Wunderly, in comments supplied to the Board, urged additional physical protection, writing that “the applicants request to expand patio space ... increases the importance in adequate protection against vehicle traffic” and recommending concrete bollards to prevent vehicle intrusion.

The Board also required the applicant to submit a revised Condominium Declaration and Bylaws for Town Counsel review before final plan-signature by the Planning Board chair; the conditional approval expires in 18 months if required conditions are not met. The Board’s approval does not replace any required building permits or state permits for work within the Route 1A right-of-way.

Next steps: Common Roots must revise and record condominium documents, submit final plans showing the bollards and other conditions, secure any necessary NHDOT permits and post escrow for Town counsel review before the chair signs the plan.