Lyme Planning Board Minutes
January 8, 2004
Board Member & Staff: Present: Freda Swan, Dave Swanz, Jeanie McIntyre, Pete Bleyler, Jack Elliott, Dan Brand, Dan Karnes, and Victoria Davis Absent: John North
Public: Dave Roby, Roland Smith, Ross McIntyre, Tony & Sue Ryan, Allan Newton, and Steve Maddock
Freda Swan opened the meeting at 7:30 PM.
Item 1: Approval of Minutes: The minutes of the meeting for December 11, 2003 were amended. Victoria Davis pointed out that in Item 3, “5.26 Road Frontage” should be changed to “5.22 E.” In Item 6, Jeanie McIntyre pointed out that “The Board agreed.” should be added where Crossroads was told their economically feasible subdivision calculations were final. Jeanie McIntyre made a motion to approve the minutes as amended. Dan Brand seconded the motion and unanimous agreement followed.
Item 2: Other Business: Victoria Davis presented a State Dredge and Fill application by NH DOT near the intersection of Route 10 and Goose Pond Road. Freda Swan stated John North would not be running for Planning Board member in March, and she hoped one of the alternates would consider running for this position.
Item 3: Ramsden Lot Line Adjustment Hearing Continuation: Victoria Davis reported that Dick Ramsden had let her know that his surveyor, Robert Pantel, was not returning calls and had not finished the survey. Since the Ramsdens are leaving for Florida shortly, he asked that the hearing be continued to mid-2004. Jeanie McIntyre made a motion to continue the hearing to June 10, 2004. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 4: Zoning Ordinance Amendment Public Hearing: Freda Swan appointed Jack Elliott to sit on the Board for John North and opened the hearing at 7:40 PM. Freda Swan reviewed each proposed zoning amendment for public comment as follows:
#1 – The definitions of single family and multi family dwelling change. No public comment.
#2 – Measurement of gross floor area change. No public comment.
#3 – Change footnotes of Table 5.1 to sections. Move “lot size averaging” section to be included in “lot size” section in Article V. Delete requirement that no special exceptions needed for “paper subdivision.” Much public comment followed.
The Board questioned when it is appropriate to rely on definitions rather than having restrictions spelled out in the body of the ordinance and asked Victoria Davis to run this by Town Counsel. (Note: 01-09-04 Town Counsel stated any restrictions should be placed in the body of the ordinance, but a reference to the definitions would be just as good and cut down on repetitious language.) Section 5.11B. should reference the Affordable Housing section. The Board determined the language of section 5.25 “Road Frontage” should be
maintained. The Board determined “front setback” should be changed to “road setback” throughout the ordinance. The definition will be changed including a subsection proposed by Dave Roby, “where a lot fronts on two or more roads, the minimum road setback shall apply to each of the roads.” It was discussed that a lot with no road frontage would not have a road (front) setback.
In regard to proposed section 5.13B., Sue Ryan commented that a 2500 square foot wetland is just a “puddle” and should not have a 100’ buffer. Victoria Davis responded the 2500 square feet comes from existing section 3.27.1 as the establishment of the wetlands district. Sue Ryan asked the Board to consider changing this to a larger area such as 5000 square feet. The Board agreed to look into it after consultation with the Conservation Commission. Any change would not occur this year.
It was determined that section 7.22 A. “no off-street parking area shall be located within a required front yard” should be changed to “off-street parking proposed to be located in the road setback shall require a special exception if not subject site plan review.”
Dave Roby felt driveway access should be considered in lot size averaging. Jeanie McIntyre explained it had not been a major consideration in past Planning Board review of “paper subdivisions.”
#4 - Amend section 8.30 to allow annexation to lots of record without losing right to build. Much discussion followed.
Freda Swan pointed out this section should clearly only apply to nonconforming lots which remain nonconforming after annexation. Jeanie McIntyre suggested that a lot of record which is nonconforming due to a lack of required road frontage could take undue advantage of this change. She added the intent of the change is to help owners of small lots of record to make the lot more reasonable for building such as providing them an appropriate area for a septic system and well. She suggested restricting the area allowed for annexation. The Board discussed several options and determined the annexation could be for up to one acre under this circumstance and at the time of annexation, the Board may determine a required development area and other conditions upon the entire lot.
#5 – Change Affordable Housing section. Dave Swanz presented the following proposed changes: reference RSA 204-C:56 in the definition, change the title of section 11.30 from “Rural District” to “Dimensional Controls,” allow affordable housing in the Commercial District, delete sections 11.32 “Location” and 11.33 “Phasing,” and provide that the Planning Board rather than the ZBA determine dimensional controls.
#6 – Miscellaneous Housekeeping Amendments. Freda Swan requested that “homestead” remain in the definition of “Cottage Industry.” Definitions of “conservation easement” and “zoning easement” were written by Jeanie McIntyre during the meeting.
Freda Swan closed the public hearing and asked for motions on the proposed amendments. Dave Swanz made a motion to put amendment #1 on the ballot. Pete Bleyler seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to put amendment #2 on the ballot. Jack Elliott seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to take amendment #3 to a second public hearing with the proposed changes. Jeanie McIntyre seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to take amendment #4 to a second public hearing with the proposed changes. Pete Bleyler seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to take amendment #5 to a second public hearing with the proposed
changes. Jack Elliott seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to take amendment #6 to a second public hearing with the proposed changes. Jack Elliott seconded the motion, and unanimous agreement followed.
Proposed amendments developed since the last hearing were presented for a definition of “lot,” “lot size,” “lot size averaging,” and “setback.” Several changes for clarification to Article VI: Sign Regulations were made including reference to the State’s directional signs which are outside the jurisdiction of the town.
A new Appendix A “Wetlands Vegetation” was proposed to replace Appendices A, B, and C. This provides a vegetation list which can be linked to known references unlike the previous appendices.
Jeanie McIntyre made a motion to take the additional proposed amendments to public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
The meeting adjourned at 11:00 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for January 22, 2004:
7:30 Approve minutes for meeting of January 8, 2004
7:40 Zoning Amendment Hearing
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