Lyme Planning Board Minutes
January 13, 2005
Board Member & Staff: Present: Freda Swan, Dave Swanz, Jeanie McIntyre, Jack Elliott, and Victoria Davis Absent: Pete Bleyler, Dan Karnes, and Dan Brand
Public: Ross McIntyre, Dave Roby, Tony & Sue Ryan, Lindsay & Dave Mather, Bill Nichols, Tom Carlson, Alison Wagner, and Todd Wagner
Freda Swan called the meeting to order at 7:30 PM.
Item 1: Approval of Minutes: Jack Elliott made a motion to approve the minutes of the December 9, 2004 meeting. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 2: Zoning Amendment Public Hearing: Freda Swan called the hearing to order at 7:30 PM. She requested that the Board members take turns reviewing each of the proposed amendments for public review. The 15 proposed amendments are attached.
Amendment #1: This is the “clean-up” amendment with several additions and revisions to definitions as well as a couple other minor issues. Tony Ryan stated there were too many items in this amendment. The Board determined that four of the definitions should be moved to other amendment items where they area applicable: Conditional Use Approval, Conversion, Outdoor Recreation Activities, and Planned Development. There were no other comments on this amendment.
Amendment #2: Add definition of “Parent Lot” and amend 4.64 Agricultural Soils Conservation District to clarify that the agricultural soils 25% development restriction applies to the “parent lot.” Dave Roby pointed out that this would restrict the application of this section to only lots in a subdivision and not an existing lot. The Board agreed and will have to modify this amendment.
Amendment #3: Section 3.27.1 Wetlands Conservation District is amended to state the publications are the “most recent” and the town maps are referenced for hydric soils. Dave Roby pointed out a sentence had been left out. The Board stated this will be added back as it was in error. Sue Ryan said she does not agree that the Board should accept State or Federal publications without review first. There was some discussion about retaining control versus not having the knowledge to make the determination if the technical manuals were acceptable or not.
Amendment #4: Section 3.27.2 Steep Slopes Conservation District was modified to clearly state the horizontal distance is 100’. There was no public comment.
Amendment #5: Table 4.1 is to be amended to require conditional use approvals by the Planning Board instead of special exceptions by the ZBA. The definition for “Outdoor Recreation Activities” will be added to this amendment from Amendment #1. The “Outdoor Recreation Activities” definition will be revised to include hunting and fishing as requested by Sue Ryan. The Board determined the table should be provided to the public in the town warrant, and Jack Elliott requested that SEs be struck through to make it clear what is being changed. The Board requested that the article be noted as “recommended by the Planning Board and ZBA.”
Amendment #6: Section 4.46 Conversions is to be amended to include institutions and more clearly reference Table 4.1 without trying to reiterate the table in text. Dave Roby pointed out that there used to be a restriction on the minimum living area of each dwelling unit. There was some discussion about adding it back in or dropping the minimum to 500 square feet to match section 11.40 for affordable housing. Dave Roby said not providing a minimum area could create slums. Bill Nichols pointed out that his apartment building has small studio apartments which would not be considered slums. Jeanie McIntyre stated she used to live in a tiny apartment which was quite nice, and there is a need to provide modest housing for the elderly. Ross McIntyre stated the owners and tenants make a
slum, not the living area size. The definition of Conversions will be added to this amendment from Amendment #1.
Amendment #7: Section 4.49 Planned Development is proposed to be amended to change its definition to mixed use within more than one building. The definition will be moved to this amendment from Amendment #1. There was discussion of adding a minimum living area to match whatever is chosen for the Conversions section.
Amendment #8: Section 4.50 Forestry and Timber is proposed to be amended to make it clear that all logging operations including logging roads are allowed in all zoning and conservation districts by right. It also clarified that all logging operations including logging roads are subject to Best Management Practices requirements. Bill Nichols stated he did not believe the Planning Board should make the timber harvesting industry more difficult. The Board explained that this was clarifying that there were few restrictions except ones already imposed by the State.
Amendment #9: Section 4.53 Driveways is proposed to be amended to reference the U.S. EPA for design and construction methods rather than the publication by the Rockingham County Conservation District (the “green book”) which has not been updated. It also states, the Low-Impact Development design shall be considered…. Tony Ryan suggested that instead of “considered” it should say “encouraged.” Dave Roby felt the language should be stronger. The Board determined they are introducing a new concept in design and do not want to immediately require it until they understand it better. Bill Nichols pointed out there may be projects where the Board does not want to require this method.
Amendment #10: Section 4.61 Wetlands Conservation District is proposed to be amended to allow “water storage tanks for fire protection” in the district by right and to not allow by special exception any water impoundments under an acre not supported by the Conservation Commission. There was no public comment.
Amendment #11: Section 4.63 Shoreland Conservation District is proposed to be amended to provide for the change in the State’s permitting language. There was no public comment.
Amendment #12: Section 6.22 Size of Signs is proposed to be amended to include institutions and provide the possibility of increased sign allowance through Site Plan Review or Conditional Use Approval. Ross McIntyre stated the ZBA is happy with this proposal. No other public comment.
Amendment #13: Section 9.25 Permit Fees is proposed to be amended to charge $500 or double the permit fee if the applicant has built without a permit. Victoria Davis stated she discussed this with Town Counsel, and this is not appropriate. The Town cannot impose a penalty fee but can impose a fee to cover additional administrative and legal fees caused by the violation. The Board determined they could change this to allow the Selectboard to impose additional administrative and legal fees upon the applicant above the regular permit fee depending on the difficulty of the case.
Amendment #14: Section 10.50 Special Exceptions is proposed to be amended to allow the ZBA to consider and request Conservation Commission input for cases related to natural resources. No public comment.
Amendment #15: Section 12.20 Conditional Use Approvals is proposed to be added to the zoning ordinance as criteria for issuing a conditional use approval. The “Conditional Use Approval” definition will be added to this amendment from Amendment #1. There was no public comment.
The public hearing ended at 9:30 PM. The public was leaving so the Planning Board determined they should move on to the scheduled informal meeting before coming back to the zoning amendments.
Item 3: Informal Meeting with Alison and Todd Wagner; Map 402, Lot 15: Alison Wagner presented their proposal. Their mother, Judy Wagner, had begun the subdivision process but had passed away before she had finished. The Wagners propose to subdivide the 56 acre lot with an existing home into two lots. They would like to provide a shared driveway to accommodate the existing home with 12-18 acres and a second house site on the remaining acreage. There is a wetland and deer yard in the northwest corner of the property which they would like to avoid. There is a power line along the edge of a field which they feel might make an appropriate lot line and access to power for the second home. The Board pointed out this would be a minor subdivision of a lot of record so the
conservation districts would not be used to reduce the land areas for “lot size.” Jack Elliott pointed out that they might be able to get more than two lots out of the land, but the Wagners were aware of this and did not want more lots. Freda Swan pointed out that they could put a conservation easement on some of the land to reduce their tax burden since they won’t be developing it anyway. Jeanie McIntyre suggested that the Planning Board may not require the topographic mapping of a substantial area of the property which may not be developed. Alison Wagner asked what would be needed if a second driveway was to be built. The Board advised it would depend on its location, but it might require ZBA review if crossing a conservation district.
Item 4: Review and Amendment of Current Proposed Zoning Ordinance Amendments:
Amendment #1: The Board determined that moving four of the definitions to other locations was not a substantial change since there were no comments on the remaining parts of the amendment. Dave Swanz made a motion to take the amendment to town meeting. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Amendment #2: The Board determined to add a sentence after the second sentence, “If the lot is being subdivided or has been subdivided within the last 10 years, this 25% area shall be applied to the parent lot.” The second sentence will end after “shape” and the remainder of the sentence will be struck. Jeanie McIntyre made a motion to take the revised amendment to a second public meeting. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #3: The Board determined to revise the amendment to refer to the most current State regulations and delete the references to documents. These are technical documents which the Board does not have the expertise to review and wetlands delineation are required to follow certain State requirements over which the Town has no control. Jeanie McIntyre made a motion to take the revised amendment to a second public hearing. Jack Elliott seconded the motion and unanimous agreement followed.
Amendment #4: Jack Elliott made a motion to take the amendment to town meeting. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Amendment #5: Jeanie McIntyre made a motion to take the revised amendment to a second public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
Amendment #6 – The Board determined not to require a minimum dwelling unit size. Since section 11.40 refers to a minimum dwelling unit size, the Board determined to add the deletion of that section to this amendment. Jeanie McIntyre made a motion to take the revised amendment to a second public hearing. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #7 – Jeanie McIntyre made a motion to take the amendment to town meeting. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #8 – Dave Swanz made a motion to take the amendment to town meeting. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Amendment #9 – Dave Swanz made a motion to take the revised amendment to a second public hearing. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Amendment #10 – Dave Swanz made a motion to take the amendment to town meeting. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #11 – Dave Swanz made a motion to take the amendment to town meeting. Jeanie McIntyre seconded the amendment, and unanimous agreement followed.
Amendment #12 – Jeanie McIntyre made a motion to take the amendment to town meeting. Dave Swanz seconded the motion, and unanimous agreement followed.
Amendment #13 – Dave Swanz made a motion to take the revised amendment to a second public hearing. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #14 – Jeanie McIntyre made a motion to take the amendment to town meeting. Dave Swanz seconded the motion, and unanimous agreement followed.
Amendment #15 – Jeanie McIntyre made a motion to take the amendment to town meeting. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 4: Other Business: Dave Swanz made a motion to reappoint Margot Maddock as a ZBA Alternate with a term expiring on March 1, 2008. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
The Board discussed an affidavit necessary to clear up a confusing subdivision approval in 1983 by the Planning Board. Don Metz was the Chair of the Board at that time which approved a subdivision proposed by Don Metz. No plan of the approved subdivision was recorded at that time, although Don Metz signed a plan as Planning Board Chair in 1985 and submitted it to the Registry of Deeds for recording. The recorded plan references the 1983 approval, but the plan was not done by a licensed surveyor and it only shows a portion of the subdivision. The Board reviewed the affidavit and agreed it should be signed by the current Chair, Freda Swan and sent to the Registry of Deeds.
Victoria Davis stated the Crossroads Academy had applied for an “after-the-fact” State Wetlands permit for ski trails made in the wetlands. An application for a February 10th Preliminary Site Plan Review hearing was distributed.
The Board asked that the definition of “Outdoor Recreation Activities” be added for discussion during next year’s zoning ordinance review. It was questioned if the Town could deny particular businesses from developing in Lyme.
The meeting adjourned at 10:30 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for January 27, 2005:
7:30 Zoning Ordinance Amendment Hearing
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