RYE "" Opposition is lining up over a proposed retirement community on South Road.

Webster Continuing Care will present its application to build a continuing care retirement community to the Zoning Board of Adjustment at 7 p.m. Wednesday at Rye Elementary School.

Opponents took out an ad in Monday's Herald urging residents to attend. Also on Monday, a group calling itself the "Concerned Citizens" delivered a pre-emptive strike: an appeal claiming the proposed CCRC does not meet the definition of a nursing home and that the decision to hear the request for a special exception is incorrect.

Whatever happens, the project appears to be heading for a court battle.

The board of the Rannie Webster Foundation, which operates Webster at Rye, a nursing home on Washington Road, is looking to build 160 independent apartments, 40 assisted-living apartments and 20 skilled-nursing units.

Abutters are worried about wetlands, traffic and changing the character of Rye.

Attorney Timothy Phoenix, who filed the appeal the with the town, said there is nothing in court. He filed his motion on behalf the Barbara A. Henson Revocable Trust and more than 60 other residents.

"If the applicant or the abutters believe the ZBA decision is incorrect, they first ask the board to reconsider, and the next step is Superior Court," said Phoenix. "Our position is that the CCRC, due to size, scope and the number of uses, does not meet the definition of a convalescent or nursing home or a home for the elderly. Webster Continuing Care went to the town and said, We want to do this; what do we do?'"

Phoenix said developers were told by the building inspector that they needed a special exception, and the opponents feel that decision is incorrect.

The ZBA must first decide if that decision is wrong, he said, and added, "If I am right, the board will not hear the merits of the case."

Tom Argue, chief executive officer for Webster at Rye, said Wednesday's hearing will also be represented by people who support the project.

"We'll be looking to the Zoning Board for a favorable outcome: a special exception to build the retirement community in a residential zone," said Argue.

Responding to suggestions and questions voiced at earlier meetings of the ZBA, Webster made changes to its application and will present detailed traffic and engineering studies. The major difference is that the West Road access is now proposed to be a gated emergency-only entrance.

Argue said New Hampshire traffic expert Stephen Pernaw will show that the proposed CCRC is not a major traffic generator. Eric Wienrieb, a civil engineer, will present reports on storm water drainage, suitability of soils for septic systems, availability of town water and wetlands impacts.

"We have gone to great lengths to make sure the buildings are set back from surrounding roads and houses, so as to not be visible," said Argue. "We are using what's called a dark sky initiative so light will not spill out. We've taken steps to ensure there's no impact on surrounding waterways."

Argue said he and developers have been working diligently to try and address any perceived concerns of abutters by providing information as quickly as possible.

"Closing the West Road entrance does not impact my feelings about the overall inappropriateness of the project," said William Henson, who spearheaded the opposition. "We have 220 units, 160 of them independent living. Most independents will move in as a couple "" and they drive, impacting traffic. Then there's 130 to 150 employees and all the visitors and ancillary services to run the project."