Lyme Planning Board Minutes
March 10, 2005
Board Members & Staff:
Present: Freda Swan, Dave Swanz, Jack Elliott, Dick Jones, Dan Brand, and Victoria Davis. Absent: Jeanie McIntyre.
Public: David Roby.
Rod Finley & Scott Hazelton, Pathways Consulting; Greg Hemberger, Banwell Architects;
Phil Harrington & Jean Behnke, Crossroads Academy; Ed Gray, Connecticut River
Watershed Council; Cathy Cramer; and Hebe Quinton.
Colin Robinson, Dan Bailey, and Deb & James Mayers.
Freda Swan opened the meeting at 7:30 PM. She appointed Dan Brand, Alternate to sit in the place of Jeanie McIntyre.
Item 1: Approval of Minutes: Dave Swanz made a motion to approve the February 24, 2005 meeting minutes. Jack Elliott seconded the motion, and unanimous approval followed.
Item 2: Deerlove Realty Trust (David & Cristin Roby II) Subdivision Revocation; Map 410, Lots 4 & 5, Baker Hill Road: David Roby, Sr. requested that the Board review his son’s application for revocation during the few minutes before the noticed hearing. He asked Rod Finley if he could have a few minutes of his allotted time. The Board agreed to discuss the revocation, but expressed serious regret in providing this revocation. Freda Swan stated she felt it was wrong to allow this revocation, but Town Counsel had advised that the Board should proceed. Jack Elliott stated David Roby’s initial claim was that there had never been a valid subdivision because the plan had not been recorded and now he was asking that the subdivision be revoked. Town
Counsel had advised at that time that the subdivision was valid, but later suggested the lack of recording could be a reason to declare the subdivision invalid by public hearing. Jack Elliott added this could set a bad precedent for future revocation requests. Dave Swanz stated the revocation might lead to unintended consequences and should not be granted lightly. The revocation will place the 1979 Stockmayer subdivision of the Roby property back to its “lot of record” status and eligible for a first minor subdivision excluding any lot size reduction for conservation districts. There was some discussion weighing the consequences of holding a hearing to deem the subdivision invalid versus granting a revocation. David Roby provided a revocation document which could be used and suggested the Board could add language stating one of the reasons for the revocation was the lack of a recorded plan. Dave Swanz made a motion to approve the
revocation. Jack Elliott seconded the motion. Dick Jones and Dan Brand abstained as they had not been involved in previous discussions. The remaining three members voted to approve the revocation.
Item 3: Arthur Stout/Tom & Sarah Estes Lot Line Adjustment Continued Hearing; Map 409, Lots 45 and 52 & 84, Baker Hill Road: Freda Swan called the hearing to order at 7:55 PM. The hearing had been continued from November 23, 2003 when the Planning Board had tabled the hearing until after town meeting. There had been some confusion if the road frontage on Baker Hill Road would be usable to Arthur Stout’s lot since the lot 52 and 45 are separated by a Class VI road. Lot 84 is on the other side (west) of Baker Hill Road and considered one lot with lot 52 due to the same ownership. It was also discussed that the Class VI road might represent separate ownership which would separate the lots. The Board had advised the applicant to request at town meeting that the
Class VI road be discontinued so there would be no question. However, the warrant article failed at town meeting. Advice was sought from town counsel who stated the Class VI road should not impede the annexation since it is simply a right of way and did not represent separate ownership by the town between the lots. In addition the zoning ordinance definition of “road” is a Class V or better highway. So frontage on a Class VI road would not count as road frontage under the zoning ordinance. This means Arthur Stout’s new frontage on Baker Hill Road (Class V) after the annexation would provide him with additional road frontage to be used for a possible future subdivision.
Freda Swan stated Judy Brotman, Selectboard Member thought the Planning Board should hold off on any decisions until a law suit between the Town and Arthur Stout could be resolved. The law suit is in regard to an easement requirement imposed by the ZBA at an earlier hearing. Dick Jones, Selectboard representative stated this should not impede the Planning Board’s approval of the lot line adjustment. He added that town counsel is aware of both the law suit and the lot line adjustment proceedings. Dick Jones made a motion to approve the lot line adjustment with the condition that Map 409, Lot 52 become part and parcel with Map 409, Lot 45. Jack Elliott seconded the motion, and unanimous approval followed.
Item 4: Crossroads Academy Final Site Plan Review Hearing: Freda Swan called the hearing to order at 8:15 PM. Phil Harrison, Trustee for Crossroads Academy gave a brief history of the school. The school moved from Hanover to the current site in 1992 taking over a commercial building and adding trailers for classrooms. Jean Behnke, also of Crossroads Academy stated the school is currently for classes K-8 with a capacity of 160 students and an enrollment of 136. She added that the commercial building they are using does not facilitate an education facility well, and the design for the new facility will be much better suited to the school. Rod Finley of Pathways Consulting gave a summary of the permitting process Crossroads Academy has already achieved:
1. 12/11/03 & 03/11/04 – Planning Board hearings for Preliminary Site Plan Review of “Master Plan” and Final Site Plan Review of “Economically Feasible Conventional Subdivision Plan.” At the hearings the calculations of 150,435 square feet for lot coverage, 62,728 square feet for building footprint, and 112,000 square feet for gross floor area were approved.
2. 01/15/04 & 02/19/04 - ZBA hearing which granted special exceptions for a planned development in the commercial district, an institutional use in the commercial district, locating an accessway in the wetlands conservation district, locating a well in the wetlands district, and building a bridge in the wetlands and shoreland conservation districts. A variance was granted to allow a parking area in the road setback. (The zoning ordinance was since amended and a parking lot is allowed in the road setback if approved during site plan review.) The ZBA requested that the Planning Board review its approval of maximum footprint, lot coverage, and gross floor area figures.
3. 08/26/04 – A Planning Board meeting was held to review the gravel reclamation plan. It was approved subject to State and ZBA approvals.
4. 10/21/04 – A ZBA hearing resulted in variances for gravel pit reclamation activities within the Wetlands, Shoreland, and Steep Slopes Conservation Districts.
5. 02/10/05 – A Planning Board hearing for Preliminary Site Plan Review was cancelled due to the weather. The application was withdrawn and an application for Final Site Plan Review was submitted.
Rod Finley summarized other permitting processes the school has begun: preliminary approval to drill well; continuing design of water system; sewage system design complete and to be submitted to the Town for preliminary approval; EPA notice of intent filed for Stormwater Pollution Prevention Plan; Site Specific application being reviewed by the State; and NH DOT reviewing proposed Route 10 upgrade. When questioned about the access from Route 10, Rod Finley responded that the State is happy with the approximately 300’ of separation between the existing accessway to the current school and the proposed accessway to the new school. It is anticipated that the school will sell its old facility and the existing accessway will continue to be used. Freda Swan added that originally the access was
through The Village at 85 Dartmouth College Highway to the current facility when it was in commercial use and not by the existing separate accessway. Dan Brand commented that the residents would probably not allow this again. Rod Finley added that the current accessway to the new site is temporary for access to extend the fire hydrant system from Pond View Apartments across Route 10 as well as other utilities. It will be closed once the final accessway is installed. He stated that Mike Hinsley and Pete Mulvihill of the Lyme Fire Department had located the hydrants about a month and a half ago. He said Mike Hinsley, Fire Chief had indicated that he is generally happy with the site plan layout. The Board expressed concern that the building was not designed with a sprinkler system for fire protection. It was pointed out that having a building full of children should be well designed for fire protection. Rod Finley suggested this would be
an excellent condition for approval.
Rod Finley stated there is an existing boundary survey of the entire property which was done by T&M. It had been done for the Lyme Hill & Valley Association, and Put Blodgett has allowed Crossroads Academy access to this plan. It will be submitted to the Planning Board once it has been redrafted.
Rod Finley displayed several site design renderings and discussed the various elements of parking, lighting, landscaping, drainage, sidewalks and courtyards, Multi-Purpose Building (gym, music and art rooms, auditorium), Middle School (grades 5-8), Lower School (grades K-4 with administrative offices), multi-purpose playing field, wastewater systems, water supply system including 6,500 gallons of storage, and a propane heating system with two 1,000 gallon subsurface tanks. He described natural filtering systems before distribution of runoff to the wetlands and Hewes Brook. The stormwater will be treated by grass where it will infiltrate or evaporate before the residual water runs off. The power will be overhead for the first 300 feet and then will be buried. The Lower School will be one story.
The other two buildings will be multi-story with elevators for handicap access.
There are two loop parking lots; a back parking lot; an overflow parking lot; and parking spaces off Shoestrap Road accounting for a total of 134 parking spaces. Rod Finley stated there is a proposed maximum occupancy of 299, and the Site Plan Review Regulations require one parking lot per three people plus one parking lot per classroom. He added that according to Phil Harrison, there are only four major events at the school per year and they can shuttle attendees from the Shoestrap Road parking lot to the event.
He requested waivers for 1.) drainage calculations required under section 9.2.13.4 of the Site Plan Review Regulations; 2.) completion of federal and state permitting prior to approval required under section 9.2.16; 3.) period of construction which is two years with additional six month approvals per section 13.1; and 4.) cross grades of parking required to be 3% for gravel and 2% for pavement as required under Appendix A. Rod Finley stated their design is for 5% in some cases.
Dan Brand stated there is not nearly enough auto passenger drop off space on the site. He added there is a very serious safety problem with the turning lanes on Route 10 due to underestimated traffic volumes. He did not feel that the car occupancies assumed in the plansare reasonable. He felt a traffic consultant should be engaged to determine peaking and “storage” accommodation in the turning lanes. The traffic volume should be estimated in 15 to 20 minute increments rather than hourly because of peaking of volumes just before and after school times.. He also felt there is another serious safety problem on Route 10 with two curb cuts 300 feet or so apart, with the accessway to the current school facility clearly ignored in the design of the new turning lanes, yet the school
will benefit substantially by selling the existing facility to an occupant who will need safe and sufficient access to Route 10.. Rod Finley responded that NH DOT is currently reviewing the plan although no comments have been made yet. Dan Brand stated the Town needs to have input since that part of Route 10 is Lyme`s main connection to the commercial and employment centers of the Upper Valley, and there is a serious issue of safety to its citizens here.. Freda Swan pointed out that Lyme’s Police Chief, Pauline Field expressed similar safety concerns to the NH DOT representative who did not agree. Dan Brand pointed out that the DOT representative Alan Hanscom had stated in a letter that the 375’ sight distance between the existing accessway and the proposed accessway is adequate. Dan Brand wondered how reasonable this is for a road with a 55 mile per hour speed limit. He also felt the sidewalks should be wider in front of the
multi-purpose building.
Freda Swan expressed concern about snow removal and storage. She said snow cannot be stored along the wetland where it will melt and drain into the wetland. Any drainage system can freeze up and overflow. She pointed out a steep area along the parking lot closest to Route 10 which could send runoff directly into the wetland. Dick Jones pointed out the berm along Hewes Brook which should be sloped to keep the runoff from entering Hewes Brook, but to enter the large beaver wetland area instead. Freda Swan is concerned about granting Planning Board approval before state and federal approvals are obtained as these other approvals could require major changes to the design.
The hearing was continued to Thursday, March 31, 2005 at 7:30 PM. The Board will begin by reviewing the application for completeness. Planning Board members are to come up with questions for the applicant and e-mail them to Victoria Davis. She will compile them and forward them to Rod Finley and Planning Board members. No discussion of the questions should occur among Planning Board members.
Item 5: Dan & Millie Bailey/James & Deb Mayers Lot Line Adjustment Hearing; Map 401, Lots 1.2 and 3, Route 10 and Preston Road: Freda Swan called the hearing to order at 9:15 PM. Colin Robinson presented the application to annex 11.32 acres from Map 401, Lot 1.2 owned by the Baileys to Map 401, Lot 3 owned by the Mayers. The Mayers current home lot is 2.55 acres on the east side of Preston Road. The 11.32 acres to be annexed to the Mayers lot is on the north and west side of Preston Road (where the road curves). Colin Robinson stated that even with the additional 11.32 acres, the Mayers lot will not be able to be subdivided due to the substantial conservation district reductions from lot size. Deb Mayers said they just want to put a barn on the lot. A
discussion of current use followed, and the Board pointed out that the area of the barn would have to be taken out of current use. Dan Brand asked why the Mayers would do a lot line adjustment instead of a subdivision. Colin Robinson responded it is because the subdivision could not meet the 25% contiguous development area within the Agricultural Soils Conservation District.
Colin Robinson stated the sales agreement is contingent upon the Planning Board agreeing that the Baileys’ remaining 12.52 acres of Map 401, Lot 1.2 meets the Planning Board criteria for having an area acceptable for a septic system and meeting the lot size requirements. Freda Swan responded that since Harry Burgess, Land Surveyor and Subsurface Designer states that after reviewing the test pit data he feels the area will support a septic system, then that is acceptable to the Board as evidence that a septic system is feasible in the building area. Colin Robinson’s lot size calculations show that the 12.52 acres has a lot size of just over three acres which is the minimum lot size in the Rural District within 1,000’ of a state road. He also pointed out a submitted sketch which shows a
building area outside the Wetlands Conservation District and property setbacks. It is, however, within the Agricultural Soils Conservation District which would require a special exception from the ZBA prior to issuance of a building permit. The driveway permit for this building area has already been issued by the Road Agent.
Jack Elliott reviewed the Subdivision Regulations Lot Line Adjustment application criteria for completion review. II. 7. requirement to show driveways must be met by adding the approved driveway to the Bailey’s remaining 12.52 acres of Map 401, Lot 1.2 off Preston Road. The building envelope should also be shown on the final map. II. 10. requires that all easement holders are shown. The conservation easement holder, Upper Valley Land Trust must be added to the abutting Crossroads Academy Map 401, Lot 56. The owner of Map 401, Lot 13.1 is Robert Franco rather than Ann C. Bracken. Scott Bailey is shown as an abutter, but he is not. Two lot line extensions to show abutters’ land are missing. The lot numbers for the Bailey lot and the Maker lot are switched on
the map. A question was raised about the well on the 11.32 acres to be annexed to the Mayers. Dan Bailey said it is dry. Colin Robinson mentioned another water rights issue which is ambiguous and not clear in the records. It is mentioned in Note 2 on the map. Dave Swanz made a motion to deem the application complete with the condition that the above corrections are made and to waive III. C. which requires the Planning Board to sign the deed. Jack seconded the motion, and unanimous agreement followed. Jack Elliott made a motion to approve the lot line adjustment subject to the following conditions: 1.) The 11.32 acres of Map 401, Lot 1.2 will be annexed to Map 401, Lot 3 and become part and parcel with Map 401, Lot 3; 2.) All structures on the remaining 12.52 acres of Map 401, Lot 1.2 shall be located in the building envelope; 3.) Any septic systems to be built shall be built according to the town’s regulations at the time of
construction. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 6: Other Business: Dave Swanz made a motion to reappoint Freda Swan as Chair. Dan Brand seconded the motion, and unanimous agreement followed. Freda Swan made a motion to reappoint Dave Swanz as Vice-Chair. Jack Elliott seconded the motion, and unanimous agreement followed.
The meeting adjourned at 10:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for March 24, 2005:
7:30 Informal w/Doug Holler, Dartmouth Skiway
7:40 Informal w/Curt Vinson, On the Common need for SPR
8:10 Newton/Dickey/Paulino Lot Line Adjustment Hearings
9:00 NH PUC scenic roads tree cutting hearing
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