Conservation commission rescinds pergola approval at 1090 Washington Road, cites easement limits

The Rye Conservation Commission on June 2 rescinded a prior vote that had expressed no objection to a pergola planned at 1090 Washington Road, after receiving advice that the conservation easement for the property does not permit the specific structure proposed.

David Tromp, owner of the Driftwood Equestrian property at 1090 Washington Road, asked the Commission to clarify the earlier action and told members he is "looking to grow a vining plant, which is a horticultural use of the property and is permitted," reading from the easement language on permitted uses. Tromp said he has grown tomatoes that required trellis support previously without issue.

Acting Chair Hugh Lee moved that the Commission rescind the May 14 vote that had expressed no objection to the pergola; the motion was seconded and passed by roll call with all members voting in the affirmative. Lee said that while horticultural uses such as vining plants can be allowed "as long as what is done is in accordance with the easement," the easement's terms control whether a freestanding pergola is permissible and the Commission will not override easement restrictions. Member Glenn Suchocki asked whether the Commission would seek further counsel; Lee said the Commission had sufficient information from counsel and noted that a building permit may still be required.

The rescission removes the Commission's earlier formal 'no objection' finding; any future work at the site will need to comply with the easement terms and local permitting requirements.