Lyme Planning Board Minutes
July 22, 2004
Board Member & Staff: Present: Freda Swan, Jeanie McIntyre, Jack Elliott, Pete Bleyler, Dan Karnes, Dan Brand, and Victoria Davis Absent: Dave Swanz
Public: Steve Sargent, Craig Hervey, Dan Bailey, and Colin Robinson
Freda Swan opened the meeting at 7:30 PM. She appointed Dan Brand, Alternate to sit for Dave Swanz.
Item 1: Approval of Minutes: Jeanie McIntyre made a motion to approve the July 8, 2004 meeting minutes. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 2: : Informal Meeting with Steve Sargent: Steve Sargent explained that he lives with his wife at the end of Masa Morey Lane on Map 407, Lot 131. He and his wife will be separating, and he would like to build a home for himself on about 10 acres of this 85 acre lot (per the tax map). He and his builder, Craig Hervey, presented a sketch of the approximate location of this proposed lot. This was on a survey which showed the lot to be 113 acres. The proposed lot is located at the northwest corner of the existing lot and would use about 600 feet of the 2800 plus feet of total lot road frontage (on both sides) on Masa Morey Lane which is a town road.
Craig Hervey explained the proposed lot is a series of terraces with the highest terrace along Masa Morey Road. Steve Sargent would like to build on the upper terrace along the road. Craig Hervey estimated the upper terrace is about a 5% slope for about 125 feet back from the road. There was some discussion about steep slopes since there is a steep decline between terraces. Jeanie McIntyre explained they needed to show that the house is within a 100 foot horizontal distance parallel to contour lines and with an average slope of less than 20%. The applicant felt this was possible. They also discussed putting the house within the 75 foot road setback. The Board explained this would require a variance which is difficult to obtain, and they are reluctant to consider plan approval for
lots requiring ZBA approval.
The Board pointed out that this is a minor subdivision that is a “freebie” as delineated in the “lot size” definition of the zoning ordinance since it has not been subdivided within the last 10 years. Freda Swan also pointed out that since the land is in the current use taxation program, the applicant should consider the tax penalty ramifications if the proposed lot has less than 10 undeveloped acres available to remain in the program. A penalty will be imposed upon all land removed from the program such as the building site, septic area, lawn, driveway….
Item 3: Dan Bailey Major Subdivision Hearing Continuation from 07-08-04: Colin Robinson presented information requested from the original hearing to complete his application: watershed map; letter from Harry Burgess stating he will amend the legend of the map to indicate the test pit symbol includes the percolation pit areas; a letter from the Police Chief which stated the subdivision would present a negligible impact; and confirmation that he had submitted a copy of the deed describing a view easement on the property.
Dan Bailey stated he had forgotten to look into the history of the Preston Road repair, but he remembered that improvement was made about when the Andersons moved to the area. Jeanie McIntyre was concerned that at a previous hearing a few years ago, the residents of that area were very concerned about the condition, width, and safety of the road for more development. The waivers requests were reviewed again for a vote: 1.) II. A. 2’topo interval; 2.) II. D. height of moderate water level; 3.) VI. Water Supply; 4.) VII. Surface Water Runoff B. – E.; 5.) XIII. Impact of Subdivision; and 6.) XIV. Construction Plans. Freda Swan felt the Impact of Subdivision should be addressed. Colin Robinson stated the impact would be negligible so he was requesting
waivers for the detailed requirements of this section. Jack Elliott made a motion to approve the waivers and deem the application complete. Pete Bleyler seconded the motion, and unanimous agreement followed.
There was much discussion about the interpretation of section 4.64 B. of the zoning ordinance regarding special exceptions for developing in the Agricultural Soils Conservation District. Jeanie McIntyre and Freda Swan explained only a contiguous 25% of the agricultural soils could be developed on any parent lot. Colin Robinson disagreed with the interpretation stating the 25% refers to each proposed lot. The Planning Board discussed if the town allowed development of 25% of each proposed lot, the agricultural lands would be broken up making them less usable for farming, and the whole point of this section is to conserve agricultural soils. Newer members were unsure about this interpretation. Colin Robinson stated only the ZBA could make this interpretation, and that he had
requested a joint hearing with the ZBA in his application. Victoria Davis pointed out that Colin Robinson had been very anxious to get on the Planning Board’s agenda when he submitted his application and had been accommodated.
There was also discussion about the order of Planning Board and ZBA approvals for a subdivision. The Board felt if they approved the plan subject to ZBA approval, it would be practically guaranteed that the approvals would be granted, and some of the Board wanted to emphasize to the ZBA that the intent of the zoning ordinance is to protect contiguous agricultural soils and not just within individual building lots. There has also been precedent to support this interpretation. Dan Brand made a motion to table the hearing until it could be determined how to proceed and to schedule a joint hearing with the ZBA. Jack Elliott seconded the motion, but before a vote could be taken, Colin Robinson interjected that the Board only had 65 days from submission of a complete application in which to make a
decision. After some discussion and consultation with Dan Bailey it was determined that the applicant and Board would agree to extend this period to 65 days from the Planning Board meeting on August 26th. This would allow the applicant to apply for a ZBA hearing and obtain a determination about special exceptions required to build on agricultural soils and at the same time, the ZBA will make an interpretation of “contiguous” in Section 4.64. Freda Swan questioned if a joint hearing was necessary. Colin Robinson agreed. He will apply for a special exception from the ZBA. Dan Brand withdrew his motion, and Jack Elliott withdrew his second. Jeanie McIntyre made a motion to continue the hearing to August 26, 2004 at 7:40 PM. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 4 : Other Business: Victoria Davis stated she had sent a letter to Rusty & Noreen Estes to maintain their fire pond at the Boyce’s Bend Subdivision or come in to discuss it with the Planning Board. There had been no response to the letter although Noreen Estes had told Victoria Davis (by phone prior to the letter) that the pond could not maintain water. The Board requested that Town Counsel be consulted to see how to proceed.
Victoria Davis reported that Dick Ramsden had submitted his final plan for his lot line adjustment, but had left off a notation required at the Planning Board hearing. She had contacted Dick Ramsden who did not feel he should have to add this notation though he had agreed to do so during a public hearing. Victoria Davis contacted the Registry of Deeds and obtained the appropriate plan information needed to add the notation. She will provide this information to Dick Ramsden and tell him to add it to his final map to obtain final approval. Jeanie McIntyre and Freda Swan pointed out that title matters must be put on the map by the surveyor since s/he stamps the map with a seal of certification.
The meeting adjourned at 10:00 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for August 12, 2004:
7:30 Approve Minutes
7:40 Finish the Subdivision Regulations
Assign tasks for zoning ordinance amendment
Tentative Meeting Agenda for August 26, 2004:
7:30 Approve Minutes
7:40 Continue Dan Bailey hearing
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