Lyme Planning Board Minutes
March 24, 2005
Board Members & Staff:
Present: Freda Swan, Jeanie McIntyre, Dick Jones, Jack Elliott, Dan Brand, and Victoria Davis. Absent: Dave Swanz.
Public: Doug Holler, Dartmouth Skiway; Tim Dickey, Allan Newton, and Attorney Steve Girdwood; Harvey & Judy Brotman and Attorney Christa Canty; Dave Crane, Arborist for Public Service of New Hampshire
Freda Swan called the meeting to order at 7:30 PM and appointed Dan Brand to sit for Dave Swanz.
Item 1: Approval of Minutes: Jack Elliott made a motion to approve the minutes of the March 10, 2005 meeting. Dick Jones seconded the motion, and unanimous agreement followed.
Item 2: Dartmouth College Skiway Informal Meeting: Doug Holler spoke for a few minutes to let the Board know that the Skiway would soon be presenting a “conglomeration of plans” for several prioritized projects over the next several years. They will schedule an appointment, but wanted the Board to know they are coming. He also mentioned that a pair of falcons are back on Holt’s Ledge.
Item 3: Curt Vinson Informal Meeting: The Board had asked Curt Vinson to meet with the Board to discuss the need for a Site Plan Review for 18 On the Common (Map 201, Lot 29). Curt Vinson did not appear, and after a phone call to his home it was found that he was on a business trip.
Item 4: Crossroads Academy Site Plan Review Application Discussion: Since the Board had time for this discussion, they reviewed their concerns with the Crossroads Academy application. Freda Swan and Dick Jones had developed lists of inadequacies of the application. It was noted that State law requires the Board to determine if the application is complete or incomplete within 30 days of application submission. The Board determined they should vote on the application now instead of waiting until the continued hearing on
March 31st. Jeanie McIntyre recused herself since UVLT is an easement holder on the abutting property. Dick Jones made a motion to deem the application incomplete due to several missing elements including drainage information which the Board considers important for this project in the midst of wetlands and Hewes Brook. The motion carried 4 – 0. The Board asked Victoria Davis to compile a list from the Board members’ submitted input and provide this to the applicant. There was also discussion about how many maps applicants should provide to the Board. It was determined that however many maps are required to provided the all the required application information should be included on the plats submitted and recorded.
Item 5: Newton/Dickey Lot Line Adjustment (Map 407 Lots 139 & 136) and Newton/Paolino (Map 407 Lots 139 & 140) Lot Line Adjustment Hearings: Freda Swan called the hearing to order at 8:10 PM. Tim Dickey presented the application for the Newton/Dickey Lot Line Adjustment. He stated they are proposing to annex one acre to lot 136 due to the requirements of section 8.32 of the zoning ordinance. However, he stated the Newtons would like to allow them to annex more land and probably will in the future after the house is built. Freda Swan stated they could annex more acreage now although the property would no longer be considered a nonconforming vacant lot per the zoning ordinance. Tim Dickey agreed, but stated if that were the case they still would not meet the lot size
requirement of three acres due to the conservation district reductions and would lose their nonconforming lot status which allows them to build a house on the property. Dick Jones stated they could build on the lot as it is now according to the zoning ordinance although the topography might inhibit where a building could be constructed. Victoria Davis stated the Planning Board cannot assume that the existing 0.69 acre lot is buildable. Even if the ZBA were inclined to grant a special exception to build on the nonconforming vacant lot under section 8.31 of the zoning ordinance, this did not mean they would grant other variances and special exceptions which might be needed to build the house in the conservation districts. The lot is within the Agricultural Soils and Shoreland Conservation Districts. It was also noted that since the topography map had been produced by the applicant, it now appears that at least part of the proposed annexation land
is also within the Steep Slopes Conservation District. The proposed house and septic system location are shown in slopes of greater than 25%. The zoning ordinance does not allow building in areas of 20% or greater slope. Tim Dickey stated they could move the house closer toward the road out of the steep slopes district. It was pointed out that this would put the building into the Shoreland Conservation District as well as the road setback. Dick Jones stated he has walked the lot, and the proposed annexation piece and the proposed location are about where the obvious building site would be due to the topography. Jeanie McIntyre responded that it might be an obvious spot for the pleasure of the applicant, but it violated the zoning ordinance. Attorney Girdwood said the applicant is making the lot more buildable. He added that the plan on the topographical map is conceptual, and they are simply at the hearing for a lot line adjustment. Board members responded that the board
tries to avoid creating nonbuildable lots, and they have a right to require a building envelope. Jack Elliott thought there is a difference between an application for annexation if the original lot is buildable or not. He wondered why the house was not being built where the garage is proposed on the original lot where fewer zoning violations would occur. Dick Jones felt it would be a better site if the land was annexed because in either case, a proposed house would require special exceptions and variances. Victoria Davis reiterated that they could not assume that the original lot would be considered buildable by the ZBA. Dick Jones questioned if a lot line adjustment is a subdivision and what authority
the Board has in approving a lot line adjustment. Other Board members stated that a lot line adjustment is a type of subdivision.
Christa Canty, attorney for the Brotmans, submitted a letter to the Board. Freda Swan suggested she submit them ahead of time in the future so the Board has time to read them before a meeting. Christa Canty stated the proposal would required four special exceptions and two variances. Freda Swan expressed concern about the odd shape of the lot with the 10’ strip. Freda Swan stated the applicant should come back with a building envelope with the least amount of impact upon conservation districts and setbacks as possible. They should also map out the conservation districts. Dick Jones pointed out the Newton/Paolino lot adjustment might also have steep slopes.
Allan Newton asked that the Board review the Newton/Paolino application. The Board determined both hearings must be continued as they did not have time to thoroughly review the application. Allan Newton and Tim Dickey agreed to extend the evaluation period of the application review until the next available hearing date (May 12). Attorney Girdwood stated he would provide this in writing. Both hearings were continued to May 12th at 8:45 PM.
Item 5: Public Service of New Hampshire Tree Trimming on Scenic Roads Hearing: David Crane of PSNH stated the last time the trees were trimmed along their power lines in Lyme was around 1997. Their service area is primarily the western portion of Lyme and includes portions of four “scenic roads”: Breck Hill Road, Washburn Hill Road, River Road, and Acorn Hill Road. They would like to cut three trees: a rotting pine at the edge of a driveway a mile north of East Thetford Road; a rotted locust tree just south of North Thetford Road along the river; and a willow in a front yard about a mile north of North Thetford Road (the Board concluded it might be by the Sterns house). In addition he stated that on scenic roads they would only trim any other trees that
are 15” in circumference 4’ above the ground. Dick Jones made a motion to approve the cutting subject to (1) Conservation Commission approval of any re-vegetation that may be required to stabilize the river bank due to the locust tree cutting and (2) approval from property owners of their trees. Jack Elliott seconded the motion, and unanimous agreement followed. Freda Swan asked Victoria Davis to contact Lee Larson, Conservation Commission Chair.
The meeting adjourned at 9:45 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for March 31, 2005:
7:40 Meeting with Crossroads Academy
Tentative Meeting Agenda for April 14, 2005:
7:40 Kevin Purcell, Pond View Apts. Informal Meeting
8:10 David & Karen Keane Informal Meeting
8:30 Lyme Nursery School Lot Line Adjustment & Site Plan Review Hearing
9:30 Congregational Church Informal Meeting
Tentative Meeting Agenda for April 28, 2005:
Work Session for Regulations amendments
Tentative Meeting Agenda for May 12, 2005:
7:40 Continued LLA hearing for Newton/Dickey/Paolino
Tentative Meeting Agenda for May 26, 2005:
7:40 Informal Meeting with Lois Huntington (Map 407, Lot 80)
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