Lyme Planning Board Minutes
August 26, 2004
Board Member & Staff: Present: Freda Swan, Dave Swanz, Dan Brand, Daniel Karnes, and Dick Jones Absent: Pete Bleyler, Jack Elliott, Jeanie McIntyre, and Victoria Davis
Public: Rod Finley, Julie McCutcheon, Phil Harrison (arrived at 8:00 p.m.)
The meeting came to order at 7:30 p.m. The Chair, Freda Swan, appointed Daniel Karnes and Dan Brand to serve in the place of Jack Elliott and Jeanie McIntyre.
Item 1: Approval of Minutes: Dave Swanz made a motion to approve the minutes of the August 12, 2004 meeting. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Acceptance of Jesse Seaman resignation: Dick Jones moved to accept Jesse Seaman’s resignation, submitted August 17. Dave Swanz seconded. The motion passed with no objection.
Item 2: Lyme Nursery School informal discussion: Rod Finley and Julie McCutcheon presented sketches of the lots owned by Lloyd Nichols and family at the Nichols’ tree farm south of the village on Route 10. The Lyme Nursery School (LNS) is considering buying a small lot at the south end of the tree farm, on which is located a single-wide mobile home. It’s a non-conforming lot, smaller than the three-acre minimum for the Rural District. It appears to be completely covered by Agricultural Soil Conservation District, in addition to a Wetlands Buffer Conservation district along the back side. The LNS desires to use the process in Section 8.34 of the Zoning Ordinance, “Creation of Non-Conforming Lot with Existing Development by Special Exception,” to create a lot of approximately one
acre in extent from the small lot on which the mobile home is located and land adjacent on the north now part of the Nichols’ tree farm. The issue is that to create a conforming lot with the required 3-acre base would require obtaining a lot of approximately 7 acres in this location, due to the amount of Agricultural Soil and Wetlands Buffer conservation districts. Rod Finley noted that the proposed new lot falls within the mobile home’s 200-foot Building Zone (defined on p. 4 of the Zoning Ordinance). Thus, there would be no deduction of buildable area due to the presence of the Agricultural Soils Conservation District. Daniel Karnes noted that the proposed use for the new lot is allowed by Special Exception, and Dick Jones stated that this would require a separate application to the ZBA. Dan Brand raised a concern about the amount of parking indicated in the sketches, and Julie McCutcheon responded that planned parking was adequate to serve employees (teachers) and
pickup/dropoff. There was agreement that provision would have to be made for parking for special events, either by designating overflow areas or by use of a shuttle service.
Other concerns discussed included the setback from Route 10 right-of-way, the requirement that a traffic assessment be made by the Police Department, and the likelihood that the proposed development would need to go under the Site Plan Review process. Freda Swan stated that the first hurdle would be obtaining a Special Exception under Section 8.34 from the ZBA. There was general agreement that there were a number of other obstacles to overcome after that.
Item 3: Crossroads Academy gravel pit reclamation review: Rod Finley and Phil Harrison presented a gravel pit reclamation plan for the old pit in the planned site for the expansion of Crossroads Academy’s campus at the north end of the Lyme Commercial District. Rod Finley noted that in discussion with the Planning and Zoning Administrator, it was determined that there is no provision in the Town’s Excavation Regulations for a formal hearing to review and approve a reclamation plan, so it was decided to use the format of an informal discussion to present the proposed plan for approval.
The plan, as contained in two large sheets, sought to address all the items listed in Section 2 of the Excavation Regulations under the heading “Required Excavation/Restoration Plan” and, after much questioning from the board and answering from Rod Finley, it was determined that the plan did indeed respond to the requirements outlined there. Dick Jones gave the opinion that the plan, as presented, was more adequate than any that had been submitted previously, and that the end result would be much better than the existing situation. Dick Jones moved, and Dave Swanz seconded, the following motion:
“The Reclamation Plan as submitted shall be approved by the Planning Board, subject to the applicant’s obtaining the appropriate Federal and State permits and Zoning Board of Adjustment approval.”
The motion was approved unanimously.
Item 4: Continue Bailey hearing to September 23rd at 7:40 pm: Dick Jones moved to continue the Bailey hearing to September 23rd at 7:40 p.m. Dave Swanz seconded. The motion passed with no objections.
Item 4: Other business: Dan Brand raised a concern about the conduct of participants at Board meetings. Freda Swan directed attention to a section in the Board’s “Rules of Procedure” that addresses how to deal with unacceptable behavior. It was agreed that the Chair has authority to enforce standards, and will do so if it becomes necessary.
There was a short discussion of the idea that had been raised at one point of putting the Driveway Regulations into the Zoning Ordinance. It was agreed that this was probably not advisable, as it would then mandate that amendments to the Driveway Regulations would have to be voted on at a Town Meeting, whereas now they can be enacted by the Board at a public hearing.
The meeting adjourned at 9:15 p.m.
Submitted by
Daniel Karnes
Planning Board Alternate
Tentative Meeting Agenda for September 9, 2004
7:30 Approve minutes of August 26, 2004
7:40 Informal meeting with Barbara Street regarding lot line adjustment at 69 Pinnacle Road (M407 L99)
8:00 Subdivision Regulations and Driveway Regulations Amendments
Other Business:
Assign Ridgeline & Hillside Conservation District delineation review
Transportation Chapter – Master Plan
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