Lyme Planning Board Minutes
October 14, 2004
Board Member & Staff: Present: Freda Swan, Dave Swanz, Jeanie McIntyre, Jack Elliott, Dan Brand, Dan Karnes, and Victoria Davis Absent: Pete Bleyler
Public: Alan Greatorex, Mike Smith, 6 high school and junior high students
Item 1: Approval of Minutes: Jack Elliott made a motion to approve the minutes from the September 23, 2004 meeting. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Item 2: Steep Slopes Review for Gravel Pit Restoration - Crossroads Academy; 101 Dartmouth College Highway, Map 401, Lot 56: The Crossroads Academy will be going before the ZBA for special exceptions to encroach into conservation districts. One of the conservation districts is steep slopes which requires Planning Board review prior to the ZBA hearing. The Conservation Commission will also be reviewing this site for wetlands and shoreland conservation district encroachment. Dan Brand stated he had walked the site recently and noted there had already been excavation on the property including filling of wetlands. Victoria Davis said they do not have permit for this, and she will alert the ZBA to this prior to their hearing.
Victoria Davis explained the permit application is for gravel pit reclamation only which is designated by a red line on the map. The Board noted there were indications of plans to excavate outside the gravel pit within a small area of the steep slopes, but this would have to be addressed during site plan review when Crossroads comes back with their plan for the new school. They also noted that they were not approving the proposed access way as this also should be part of the site plan review, and an existing access way is available to reach the gravel pit for reclamation.
The Board determined that the encroachment into the steep slopes district was unavoidable in reclaiming the gravel pit, so they have no issue with this work. Some members expressed concerns about the wetland and shoreland districts encroachment, but this will be reviewed by the Conservation Commission prior to the ZBA hearing.
Item 3: Lot Line Adjustment - Stuart (Mike) Smith; 44 Britton Lane, Map 408, Lot 1.01/James (Sandy) Kelsey; 39 Pleasant Street, Map 408, Lot 2: Jeanie McIntyre recused herself as the Upper Valley Land Trust has an easement on this property. Freda Swan appointed Dan Brand to sit for Jeanie. Mike Smith presented his survey of the lot line adjustment. He proposes to annex 2.27 acres from Sandy Kelsey to protect a viewshed near where Mike’s daughter plans to build her house. In exchange, he will give Sandy 1.79 acres to annex to his lot. He provided an e-mail from the UVLT approving this lot line adjustment. UVLT will remove their easement on the 1.79 acres and place an easement on the 2.27 acres.
Jack Elliott reviewed the application requirements for the Board. A waiver was needed for IIA2. as the scale is 1:200 rather than 1:100. The Board felt the existing map adequately represented the properties and proposed annexations. A waiver was needed for IIA5. as the monuments were not shown for the entire Kelsey existing 42 acre lot. The Board determined the unsurveyed lines were not relevant to the proposed annexation pieces. The Board questioned if there is an easement for a new dry hydrant on the Kelsey lot. Mike Smith was not sure about this and will ask Sandy Kelsey. The Board determined if there is an easement, it should be shown on the map.
(Note: On October 15, 2004, Mike stopped by the town office and said he had spoken with Sandy, and although there would be an easement in the near future, there is no easement at this time.) A waiver was needed for IIA7. as the existing structures were not shown, and the Board determined they are not relevant in this case. A waiver was needed for IIA8. as the monuments are not shown for the Kelsey lot, but the Board determined these were not needed in this case. A waiver was needed for IIIC. As the Board does not feel it is necessary for the Chair to sign any deeds related to lot line adjustments. (This section will be deleted when Subdivision Regulations are amended.) The Board also noted
that the names of the easement holders have not been provided on the map. The Board asked that these be shown. Jeanie McIntyre added the easement recording information should also be provided.
Dave Swanz made a motion to approve the waivers. Dan Brand seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to deem the application complete. Dan Brand seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to approve the application with the following conditions: 1.) the easements be shown; 2.) the title holders be defined with addresses; and 3.) Parcel A (2.77 acres) become part and parcel with Map 408, Lot 1.01 and Parcel B (1.79 acres) become part and parcel with Map 408, Lot 2 . Jack Elliott seconded the motion, and unanimous agreement followed.
Item 3: Ridgeline and Hillside Conservation District Discussion: Jack Elliott, Dave Swanz, Dan Karnes, and Dan Brand have worked as a subcommittee to review the existing definition of the Ridgeline and Hillside Conservation District and offer suggestions for improvements. Dan Karnes presented computer generated maps he developed based on discussions of the subcommittee. He first showed the existing district as defined by the current zoning ordinance which states the district comprises “those ridgeline and hillside areas which are visible from public waters or public roads located within the Town at a distance on the USGS topographic map of ½ or more miles…. This showed that very little of the ridgelines and hillsides are protected except in the eastern part of the town. He then showed ridgelines as delineated on a town map with overlays of a 250’ or 500’ horizontal buffer area as well as a 100’ vertical elevation buffer area. Alan Greatorex suggested that there needed to be a
definitive method in determining the ridgeline for elevation and minimum length. Jeanie McIntyre suggested using different elevations for different areas of town to make sure the lower ridgelines toward the river are included.
There was much discussion about delineating the ridgelines and the hillsides. Dave Swanz stated the subcommittee feels the two areas should be separate districts. The subcommittee had discussed various restrictions such as no cutting of trees in the Ridgeline District. Jeanie McIntyre responded they should be careful because if someone clear cut up to the Ridgeline District, the remaining trees would be more susceptible to wind damage and blow downs. It was suggested that foresters’ opinions should be obtained about the cutting requirements.
Further discussion addressed the need for a site visit to each proposal within the districts. The Planning Board felt they should be the ones to perform this visit and determine potential building envelopes and other restrictions such as the use of reflective glass and the color of the house (though this topic made some members uneasy). Victoria Davis will contact town counsel to inquire how this could be done. Freda Swan stated there needed to be specific criteria so it could not be overly subjective. Dan Brand expressed concern that there is substantial open land that could be impacted by these restrictions, and he felt you cannot tell people they cannot build there. Jeanie McIntyre asked for maps with lot lines so Board members would have a better grasp of the ridgeline locations when they
drive around town.
The Board members were very impressed by all the work the subcommittee had achieved and were especially appreciative of the work Dan Karnes had accomplished with the mapping. Another discussion will take place at the next meeting. Freda Swan stated the Board should be develop a list of restrictions for these districts prior to sharing with other boards for input.
Item 4: Other Business: Victoria Davis presented a proposed article for town meeting which would authorize the Planning Board to require preliminary applications for major subdivisions. The Board questioned why this had to go to town meeting and not simply be added to the subdivision regulation amendments. Town Counsel will be consulted.
The Subdivision Regulations amendments were discussed. Freda Swan presented additions to the fire protection section she developed with Mike Hinsley, Fire Chief. Jeanie McIntyre stated she will review the building envelope language.
The Master Plan update and budget were discussed. Freda Swan, who is also on the Budget Committee, stated it will be difficult to get additional funding approved this year as the taxes will be increasing for the more modest homes this year, and the Budget Committee wants to be very conservative. The Board discussed estimated costs provided by the regional planning commission. It was determined that the Board would develop, distribute, and tabulate results on their own. It was suggested that residents could be asked for relevant questions for the survey by LymeListServe and the church newsletter. Jeanie McIntyre stated the mapping should be bid out instead of just requesting it from the RPC. Freda Swan asked Victoria Davis to develop an estimate of the cost of mailing out a survey with a
stamped return envelope.
The meeting adjourned at 10:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for October 28, 2004:
7:30 Approve minutes of October 14, 2004
7:40 Informal with Ro Wyman regarding subdivision of Shine King farm (Map 405, Lots 33 & 12)
8:00 Review Zoning Amendments
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