Lyme Planning Board Minutes
March 11, 2004
Board Member & Staff: Present: Freda Swan, Dave Swanz, Pete Bleyler, Dan Karnes, and Dan Brand Absent: Jeanie McIntyre, John North, and Jack Elliott
Public: Jesse Seaman; Tim Dickey, Allan Newton, and Attorney Anne Duncan Cooleyl Judy Brotman and Attorney Krista Canty; Rod Finley, Pathways Consulting and Phil Harrison
Freda Swan opened the meeting at 7:30 pm and appointed Dan Karnes and Dan Brand to site for Jeanie McIntyre and John North.
Item 1: Approval of Minutes: Dave Swanz made a motion to approve the minutes of February 12, 2004. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Crossroads Academy Site Plan Hearing: Freda Swan stated the hearing was requested by the ZBA so the Planning Board could reaffirm its decision to approve the lot coverage and footprint calculations. These calculations had been based upon a submitted “paper subdivision” to determine the maximum dimensional controls for a Planned Development. The ZBA questioned if the area in the Rural District could be used in calculations for a use only allowed within the Commercial District.
After much discussion, it was determined that the Planned Development section 4.50 D. states the paper subdivision relates to “the property in question” and this could be interpreted to mean the entire lot. In addition, section 3.32 states if a lot is crossed by district lines, the owner may choose to be governed by the most restrictive district. This is an ambiguous determination, and the Board felt the Commercial District restrictions could be considered most restrictions due to the greater oversight required for a Planned Development.
Phil Harrison pointed out that he is aware that the residential development shown in the Rural District on the previously submitted map must be moved to the Commercial District as it is part of the Planned Development.
Dave Swanz made a motion to reaffirm the decision of the December 11, 2003 meeting to accept the calculations presented by Crossroads Academy. Dan Karnes seconded the motion, and unanimous agreement followed.
Item 3: Newton/Dickey Informal Meeting: Tim Dickey presented his proposal to annex property from his wife’s parents, the Newtons. He had submitted a zoning permit application in March 2003 for a variance to add 1.7 acres from the Newton lot (Map 407 Lot 139) to his nonconforming vacant lot of .7 acre (Map 407 Lot 136). Due to an incomplete application, he did not have a ZBA hearing until October 16, 2003 which was continued eventually to March 18, 2004. In the meantime, a zoning ordinance amendment to Article VIII was proposed and then passed at Town Meeting. This amendment allows the addition of one acre to a vacant nonconforming lot subject to the possibility that the Planning Board may designate a development area. Tim Dickey came to the Planning Board to inquire
what configuration of the one acre would be acceptable to the Board since the Newton lot is already so oddly laid out, and the annexation could potentially make it more so. Dave Swanz suggested that the one acre does not necessarily need to be contiguous, so it might be more appropriate to add the acre in pieces.
Freda Swan asked if a septic system could be placed on the existing .7 acre lot, and Tim Dickey responded that it could although the better soils are on the previously proposed annexation land. Freda Swan expressed concern that enough land on the Newton lot be left to allow a potential right of way from Pinnacle Road. She also pointed out that the Subdivision Regulations do not allow the creation of oddly shaped lots.
Item 3: Other Business: The Board reviewed the “protection priority” map provided by the Upper Valley Lake Sunapee Regional Planning Commission. They went through the original list devised in 1998-1999 by the Planning Board and crossed out previous priorities now protected.
Dave Swanz suggested another potential amendment to the Subdivision Regulations. He and Freda Swan determined section III.C in the Appendix B is not needed since the chair does not need to sign deeds. Freda Swan also stated section III. B. should be included on the deed and approved plan rather than reference to “part and parcel” which she determined with Colin Robinson is not appropriate for lot line adjustment approval.
Dan Brand stated he has scheduled a meeting to work with Dick Jones on the Master Plan’s Transportation chapter. He felt some items in the original master plan should be included in Dick’s update.
Jesse Seaman introduced himself as interested in a Planning Board alternate position. He said he was not ready to commit that evening, but would come to the next meeting and decide. Victoria Davis stated Frank Bowles, a new resident to Lyme, is also interested in serving as alternate. The Board had previously appointed Simon Carr as alternate, but since he is not a U.S. citizen, he cannot serve.
The meeting adjourned at 9:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for March 25, 2004:
No meeting is anticipated.
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