Lyme Planning Board Minutes
October 13, 2005
Board Members & Staff:
Present: Freda Swan, Dick Jones, Jeanie McIntyre, Don Dwight, Ben Kilham, Dan Brand, and Victoria Davis Absent: Dave Swanz and Jack Elliott
Public: Skip Nalette, Hathorn Surveying; Bill Wohlforth; Lee & Kathy Larson; Joanne Wise; Lisa Hoffmeister & Chris Sweitzer (high school civics observation); Bob & Sarah Barnum; Hoyt Alverson; and Charlie Hirshberg, CLD Consulting Engineers.
Freda Swan called the meeting to order at 7:30 pm. She appointed Dan Brand to sit for Jack Elliott and Don Dwight to sit for Dave Swanz.
Item 1: Approval of Minutes: Dick Jones made a motion to approve the minutes for the September 22, 2005 meeting with minor amendments. Don Dwight seconded the motion, and unanimous agreement followed.
Item 2: Benedictine Congregation Minor Subdivision Hearing; Application #05-14; Map 414, Lot 9: Dick Jones recused himself as he is an abutter. Skip Nalette introduced the application for subdivision. The Benedictine Congregation would like to subdivide 12.2 acres for a building lot from the 50.7 acre lot (shown on the tax map as 45.1 acres) leaving a remainder of 38.5 acres. Jeanie McIntyre pointed out that there is another parcel across Cline Road (Map 414, Lot 4) which should be included as part of the lot since it is a contiguous parcel with the same owner according to the current zoning ordinance. Dick Jones pulled the old subdivision file for the lot and found a plan dated August 31, 1983 which showed a one lot subdivision of 14.9 acres which is now Map 414, Lot 10. It
also showed “Lands Remaining to Curti” which is the subject property of Map 414, Lot 9. In addition, there were two other contiguous parcels labeled “Curti” shown: currently Map 414, Lots 4 and 27. The Board determined that this map overrides the tax map which they determined to be incorrect showing Lot 9 as a separate lot. The Board requested that the plan be amended to show an inset map indicating that Lot 9 is a lot including Lots 4 and 27 on the tax map.
Freda Swan reviewed the checklist completed by Victoria Davis. Jeanie McIntyre pointed out that II.B.3. to show complete boundaries could be approved by showing the inset map. It was determined that II.7. location of existing septic system, etc. could be waived as the building on Lot 27 (which was determined to be part of the subject lot) was far from the proposal; that II.D.13. could be waived as the surface water bodies are not shown within 200’ from the property lines on abutters’ properties; and part of IV. as the septic system and replacement area are not shown. There is not information about V. Surface Water Runoff, Sedimentation, and Erosion or VI. Preservation of Significant Natural and Historic Features. The Board determined they could ask the attending public if they
knew of any significant features. Jeanie McIntyre made a motion to approve the waivers. Dan Brand seconded the motion, and unanimous approval followed. Don Dwight made a motion to deem the application complete subject to the revision to the map showing all parcels of the lot. Dan Brand seconded the motion, and unanimous agreement followed.
Freda Swan opened up the public hearing. Dick Jones stated the wetlands have running water. Joanne Wise asked the applicant not to use explosives in developing the lot as it could damage a fire pond and their basement. Freda Swan pointed out that a curb cut permit had not been submitted. This is not on the checklist form, and it was asked that it be added. Although it could not be found in the regulations, the Board felt the curb cut permit should be included in their review. Ben Kilham confirmed that he has not visited this site to issue the permit. Lee Larson stated he looked for a boundary marker labeled “Thrall capped rebar” on the map and could not find it. Kathy Larson expressed concern about the proposed driveway as it is very steep down to the building
envelope. Ben Kilham described the curb cut requirements and stated he would be visiting the site with the Highway Agent. Jeanie McIntyre asked if the public could note any significant features on the property. Dick Jones stated he had not observed any listed plants on the property. He added there is substantial ledge and streams, but nothing environmentally significant that would be harmed by the proposed development. Kathy Larson pointed out that there is a significant wildlife corridor through the property. Ben Kilham added the bears use the wetlands for jack-in-the-pulpit and goshawks nest there, but these were not reasons to disapprove the application. Jeanie McIntyre asked the applicant if he is confident that he could fit all his desired development into the building envelope. Bill Wohlforth responded that he was sure. Freda Swan asked what the applicant might propose if the proposed curb cut could not be approved.
Skip Nalette suggested they could shift the access to the west. Dick Jones responded that area is a blind area of the road. There was no other public comment.
Jeanie McIntyre made a motion to approve the application subject to the following conditions:
1. the entire lot with all parcels (Tax Map 414, Lots 4, 9, and 27) should be shown on the plan as an inset map to clearly show them as one lot per the zoning ordinance;
2. the applicant shall obtain a curb cut permit and show the approved driveway on Map 1 of 2 of the plan;
3. “Conditions of Approval” notes put on the plan by the consultant should be revised by striking note 2 and replacing it with, “all development shall take place inside the building envelope except the driveway;”
4. “Conditions of Approval” note 3. put on the plan by the consultant should be changed to read, “septic systems to be built per State regulations at the time of construction.”
Don Dwight seconded the motion, and unanimous agreement followed.
Item 3: Natural Resources Inventory: Lee Larson, Chair of the Conservation Commission explained to the Planning Board that there would be a meeting with the Audubon Society at 7:00 pm on Wednesday, October 26th in the town offices. Audubon has proposed to do an area by area assessment of the Town indicating those critical to conserve. He stated that timing is important since Audubon would begin with mapping in the winter before they could do the field work. Dick Jones added that Jordan Associates would be a subcontractor to evaluate social pressures. Jeanie McIntyre expressed concern that there were other more pressing issues to address such as the aquifer study. Freda Swan expressed concern that the project was so expensive. Dick Jones stated there needed
to be another meeting with Audubon to fully understand the scope of the study.
Item 4: Barnum, Alverson, et al Lot Line Adjustment Hearing; Application #05-15; Map 402, Lots 97, 98, 99, & 100: Bob Barnum presented the application. He explained that he and Sarah Barnum own lot 100 with their home and that Sarah Barnum solely owns lot 99. They would like to combine these lots as well as half of lot 98 which is owned by the former Sweet sisters. The Alversons, who own lot 97, would like to annex the remaining half of lot 98. This would eliminate lots 98 & 99 completely leaving two lots where there are now four. He further elaborated that the Alversons would like to protect their home by adding land. The Barnums have been to the ZBA and obtained a variance to increase their house footprint if the lot line adjustment is approved. He
added that the Conservation Commission had said in a statement to the ZBA dated June 15, 2005 that it supports the proposal to increase the house footprint with the conditions that 1.) the river bank should not be disturbed and vegetation should remain with woody plants encouraged to keep the bank stable; 2.) construction should only take place outside the 100-year flood zone, either by adjusting the building location or by filling to above this level; and 3.) special care should be taken to minimize impermeable surfaces, and runoff should be managed carefully. Bob Barnum stated the Sweet sisters are anxious to conclude the process and have given a deadline of the next day. He had brought the mylar in case the Board could approve the plan that evening. When questioned, Bob Barnum stated if he had to do any revetment of the river bank on any part of the property, he would do so through the NH DES permitting process.
Dick Jones inquired about the Connecticut Valley Electric Company right-of-way referenced in note 7 on the plan. Charlie Hirshberg responded that the right-of-way is referenced in the deed, but there is no specific description which could be mapped. The Board reviewed the application checklist. Don Dwight made a motion to deem the application complete. Dan Brand seconded the motion, and unanimous agreement followed.
Freda Swan called the public hearing to order. There was no public comment. Freda Swan stated the Planning Board should include the Conservation Commission concerns since they were not included in the ZBA decision.
Jeanie McIntyre made a motion to approve the application with the following conditions:
1.) The shoreline from the water to the top of the slope shall be maintained to be stable and vegetated in accordance with practices recommended by the Conservation Commission.
2.) “Parcel A” shall become part and parcel with Map 402, Lot 97.
3.) “Parcel B” shall become part and parcel with Map 402, Lot 99, and both shall become part and parcel with Map 402, Lot 100.
Dan Brand seconded the motion, and unanimous agreement followed. Dick Jones made a motion to allow the applicant to hand-carry the signed mylar to the registry of deeds. Don Dwight seconded the motion, and unanimous agreement followed.
Item 5: Lindsay Mather Lot Merger; Map 407, Lots 120 & 121: Lindsay Sawyer Mather submitted a voluntary merger form to combine her home lot with the half-acre lot she had recently purchased from the Town. Don Dwight made a motion to approve the merger. Dick Jones seconded the motion, and unanimous agreement followed.
Item 6: Site Plan Review Regulations Amendments: Dick Jones made a motion to take to public hearing the amendments the Board had proposed at their September 22, 2005 meeting. Don Dwight seconded the motion, and unanimous agreement followed. The Board determined that non-substantive changes could be made prior to the hearing.
Item 7: Other Business: Freda Swan asked if the community attitude survey had been reviewed. Jeanie McIntyre reported she had not reviewed it as yet. Dan Brand reminded the Board that he had submitted to each of them at a previous meeting the Norwich proposed regulations which address hillside and ridgeline protection as a model for the zoning ordinance section on the Hillside & Ridgeline Conservation District. It was determined that the Board should discuss this district at their next meeting.
The meeting adjourned at 10:00 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for October 27, 2005:
7:30 Zoning Ordinance discussion (Richard Mann will stop by for comments)
8:00 Site Plan Review Amendments Hearing
8:15 Hillside/Ridgeline Conservation District discussion
Tentative Meeting Agenda for November 10, 2005
Zoning Ordinance Amendments
(probable hearing with Crossroads though no application as of 10/14/05)
Discuss if and when to have 2nd meeting due to Thanksgiving
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