Lyme Planning Board Minutes
July 8, 2004
Board Member & Staff: Present: Jeanie McIntyre, Jack Elliott, Pete Bleyler, Dan Karnes, Jesse Seaman, and Victoria Davis Absent: Freda Swan, Dave Swanz, Dan Brand
Public: Dick Ramsden, Danny Bailey, Colin Robinson, Debra Mayers, Steve Maker, and Mike Hinsley, Fire Chief
Jeanie McIntyre opened the meeting at 7:30 PM and appointed Dan Karnes to replace Freda Swan and Jesse Seaman to replace Dave Swanz.
Item 1: Approval of Minutes: Jack Elliott made a motion to approve the minutes of June 10, 2004. Jeanie McIntyre seconded the motion, and unanimous agreement followed. Jack Elliott made a motion to approve the minutes of the June 24, 2004 meeting. Dan Karnes seconded the motion, and unanimous agreement followed.
Item 2: Richard & Sallie Ramsden Lot Line Adjustment Hearing; 125 Breck Hill Road; Map 405, Lot 7; Case 03-09
This case had been heard initially on September 11, 2003, and it was continued several times to allow for completion of the survey. The Board had accepted the application and tentatively approved it subject to submittals required under Appendix B. The location of the spring and water supply were also to be shown on the map.
This hearing was separately noticed. Jeanie McIntyre recused herself as she is the Executive Director of the Upper Valley Land Trust which holds a conservation easement on the property. Jack Elliott opened the hearing at 7:40 PM. Dick Ramsden presented his survey for Board approval. Jack Elliott went through the requirements of the lot line adjustment application. Pete Bleyler made a motion to waive the requirement to survey the entire property since the critical boundary line had been surveyed. Dan Karnes seconded the motion, and unanimous agreement followed. Pete Bleyler made a motion to deem the application complete. Dan Karnes seconded the motion, and unanimous agreement followed. Pete Bleyler made a motion to approve the application with the following conditions:
1. The map should have a note stating, “This land subject to a conservation easement held by the Upper Valley Land Trust recorded as Book ___ and Page ___ and dated _____ at the Grafton County Registry of Deeds” indicating the appropriate lot.
2. The map should have a note stating that the location of the spring is shown on another survey as indicated by Dick Ramsden. The note should include the name and date of the map and any recording information.
3. The names “Hartmann” and “Elder” should be corrected on the map.
4. The requirements III. Title Matters of the application (Appendix B of the Subdivision Regulations) shall be met when drafting the deed or other transfer instrument.
Item 3: Daniel & Mildred Bailey Major Subdivision; 294 Dartmouth College Highway, Map 401, Lot 1; Case 04-01
Jeanie McIntyre opened the hearing at 8:00 PM. She stated the Upper Valley Land Trust has a conservation easement on a lot kitty corner to the Bailey property, but she did not feel there was a conflict of interest. After consultation with Danny Bailey, Colin Robinson agreed that there was no conflict of interest. Colin Robinson, Applicant for the Baileys presented the application. The Baileys propose to subdivide the remaining land of this lot into two more lots. They had subdivided this property last year which makes the current application for a major subdivision rather than a minor subdivision. He presented the survey stating the proposed lot 1 will have a “lot size” of just over 3 acres and lot 2 will have a “lot size.” Both lots are to have access from
Preston Road, and driveway access permits have been issued.
Jeanie McIntyre asked if the view easement had been submitted. Colin Robinson responded it had been submitted with the last application. Victoria Davis said she would make sure a copy was included in this application file. (Note: The files were reviewed and a deed found which referred to the view easement “as set forth in the Warranty Deed … recorded at Book 1736, Page 0278.” This was not found, and Victoria Davis asked Colin Robinson on 07-09-04 to provide a copy.) Jack Elliott reviewed the application for completeness. It was noted that the percolation sites were not shown on the map. It was not clear if the test pit sites shown on the map included the percolation test sites or not. Colin Robinson said he would get clarification from Harry
Burgess, Surveyor and amend the map as appropriate. A waiver was requested from II. A. from the 2’ contour interval requirement. The Board did not feel the II. B. submission of conservation district maps was adequate as it consisted of two 8-1/2”x11” maps which were of different scales. Colin Robinson submitted a larger version. A waiver was requested from II. D. the “high and moderate ground water favorability” clause. Jeanie McIntyre commented the Planning Board should review this section for amendment. The Board did not feel the II. E. submission was adequate as it did not show the watershed. Jeanie McIntyre said either a waiver could be requested or a new map submitted. Colin Robinson stated he would submit a new map. Further information was requested by the Board for IV. Traffic and Access since there have been many public complaints about traffic on this road. Jeanie McIntyre suggested
that a professional opinion be provided such as from the Police Chief or Road Agent. Mike Hinsley stated in his opinion, the access points are the safest for both lots. Danny Bailey stated work had been done on the road, and he would find out when and what had occurred. Dan Karnes pointed out the proposed driveway to one lot might be in the wetland buffer. Colin Robinson added, once the access points are definite, he will have the culverts added to the map. A waiver was requested from VI. Water Supply. A waiver was requested from VII. Surface Water Runoff B. – E. The Board noted that no letter regarding police protection was provided from the Police Chief under section X. This letter is required. The Board noted a letter from the Fire Chief was provided that evening for section XI, and although it met the requirements of the application, the Board had not had time to review it. Jeanie McIntyre added that all items
should have been provided once the application is noticed so they are on file for public review. Waivers were requested for XIII. Impact of Subdivision and XIV. Construction Plans. The section XV. Performance & Maintenance Surety was deemed not applicable. It was noted that under section XVII., the application requires ZBA approval for special exceptions. The driveway access permits have been issued, but Colin Robinson indicated that access points could change. It was also noted that section XVIII. National Flood Insurance Requirements is not applicable.
Jeanie McIntyre stated the Board wanted to be careful not to approve lots which might have to have structures within setbacks or conservation districts. Her concern is that one of the lots has substantial conservation districts, and no septic design has been submitted. Colin Robinson stated he cannot decide the location of the septic systems since he doesn’t know where the building envelopes will be. Jeanie McIntyre responded that the conservation districts may define the building envelopes. She added that even though the Board might deem the application complete, they reserve the right to ask for supplemental information. Colin Robinson responded that this is “abundantly clear.”
Jack made a motion to deem the application complete pending submittal of documents requested and approval of waivers. Dan Karnes seconded the motion, and unanimous agreement followed. The hearing was continued to July 22 at 8:00 PM.
Item 4: Other Business:
Mike Hinsley, Fire Chief discussed plans for dry hydrants throughout the Town of Lyme. The zoning ordinance appears to require a permit for dry hydrants as they are similar to wells. However, he would like to avoid the permitting process for each dry hydrant so the owners are more willing to allow the use of their land. He did not want the dry hydrants to restrict the owners by using up lot coverage or setback or conservation district encroachment allowances. He stated he had spoken with the Selectboard who determined a hearing should be held through the Planning Board. Jeanie McIntyre suggested that hearings could be held periodically and several dry hydrant proposals could be reviewed during one hearing. She added a change in the zoning ordinance might be made to accommodate the dry
hydrants which might be placed in setbacks and conservation districts.
Mike Hinsley listed several current proposed dry hydrant sites: behind Nichols Hardware, at the property of Albert Pushee, Pru Fisher, and Pond View Apartments. He added that other towns have used eminent domain and “betterment assessments.” Jeanie McIntyre stated the Board needs to determine the Board’s role in this process, and make sure any hearings are legally held.
Mike Hinsley stated the Estes fire pond for Boyce’s Bend subdivision is useless as it is so dry. Jeanie McIntyre asked Victoria Davis to send a notice to the Estes on behalf of the Board requiring them to dredge the pond. The Board recognized the problems with the current system for providing fire protection as there is no mechanism to maintain fire ponds and potentially dry hydrants. It was discussed that the Town should take over this responsibility.
The meeting adjourned at 10:00 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for July 22, 2004:
7:30 PM Approve minutes of previous meeting
7:40 PM Informal discussion w/Steve Avery about subdivision; M407, L131; Masmorey Lane
8:00 PM Bailey Major Subdivision Continuation Hearing
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