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Planning Board Minutes 2005/04/15
Lyme Planning Board Minutes
April 14, 2005

Board Members & Staff:  
Present:    Freda Swan, Dave Swanz, Dick Jones, Jack Elliott, Jeanie McIntyre, Dan Brand, and Victoria Davis    Absent:  None
Public:         Kevin & Shannon Purcell, Rod Finley, Garry Thrasher, Marcia Armstrong, Nancy Grandine, Phil Harrison, Rob McCutcheon, Lloyd Nichols, Kate Cook, Kelley Buccien, Terry Hogan, Michelle Couture, Gretchen Curtis, Ursula Slate, Tracy Cutting, Erica Wygonik, Resource Systems Group (RSG), Julie McCutcheon, Greg Spitz, Denby Coyle, and Nancy Byrd

Freda Swan opened the meeting at 7:00 PM.  The Board determined they will begin all meetings at 7:00 PM instead of 7:30 PM until activity slows down.  The Board denied a request for a special meeting to hold the LOP Minor Subdivision hearing made by the buyers’ broker.

Item 1: Approval of Minutes:  Dick Jones made a motion to approve the minutes of the March 24, 2005 meeting.  Jack Elliott seconded the motion, and unanimous agreement followed.  Dave Swanz made a motion to approve the minutes of March 31, 2005 with several minor changes.  Dick Jones seconded the motion, and unanimous agreement followed.

Item 2: Informal Meeting with Kevin & Shannon Purcell; Pond View Apartments; Map 401, Lot 15:  Kevin Purcell stated that now that they actually own the property, they need to decide what to do with it.  They would like to improve the building by possibly tearing down the building to the foundation, repairing the foundation, and rebuilding with a second story.  They may consider a different footprint to eliminate the ell, but expect to use the same footprint to keep the costs down and avoid a long planning process.  The building is currently a one-story structure with 15 units and about 17 bedrooms.  Kevin Purcell stated they would like to expand the living area of the units but not increase the number of units or number of bedrooms since they are restricted by the size of their septic system.  Freda Swan said they would need to have a site plan review with the Planning Board.  Jeanie McIntyre expressed her belief that if they are not making significant changes such as the footprint or number of units, she hopes the Planning Board will waive a number of requirements due to the “grandfathering” of the property.  Kevin Purcell responded that they should have the same number of inhabitants or even less.  He anticipates their management problems will decrease as well.  Jack Elliott added that he appreciates they are considering staying in the same footprint, but there may be requested improvements during the site plan review process such as lighting.  Jeanie McIntyre stated if the Purcells are considering other improvements anyway, it would be a good time to address them to conform to the site plan review regulations.  She added that the apartments have been a valuable town resource in providing crisis housing.  Dan Brand suggested they might consider a mixture of housing.  Dan Brand questioned if Crossroads Academy representatives had discussed the widening of Route 10 in front of the Pond View Apartments which could encroach into the area with several trees.  Rod Finley was present and stated he would discuss this with the Purcells.  Dan Brand also asked if the Purcells were aware that Crossroads Academy was planning to use the pond on the Pond View Apartments property as fire protection.  Kevin Purcell responded that he had agreed to this.



Item 3: Informal Meeting with Garry Thrasher for the Congregational Church; Map 201, Lot 54 and Map 403, Lot 2.
Garry Thrasher stated he had been before the Planning Board previously (April 8, 2004) to discuss these parcels.  He is trying to establish the best value of the “wood lot” (Map 403, Lot 2) as they will be selling it.  The Board had determined that the two parcels are actually one lot since they are contiguous and of the same ownership.  Even though Route 10 separates them, the zoning ordinance considers them to be contiguous.  Rod Finley questioned the subdivision restrictions on a lot within two zoning districts.  Freda Swan responded that then entire lot would be under the jurisdiction of the more restrictive district.  She suggested that the “wood lot” on the east side of Route 10 could be subdivided off as a “conservation lot” which could be sold to another party, or an abutter could annex the parcel.  Dick Jones pointed out that a portion of Route 10 is owned by the State in fee simple near this lot.  He felt this may make the parcel on the east side of Route 10 a separate vacant non-conforming lot which could be a building lot if approved by the ZBA.  Nancy Grandine commented that she has seen this deed as the State took a portion of land for Route 10 by eminent domain.  Victoria Davis will contact the State to inquire about the status of Route 10 throughout Lyme.  Jeanie McIntyre cautioned that the Board needs to review similar past cases to see how other lots separated by Route 10 owned in fee simple by the state have been treated.  Freda Swan recalled that the Graf property may be an example to review.  Dan Brand added that the Board will be discussing the expansion of the Lyme Common District which could include the entirety of the church parcels.

Item 4: Crossroads Academy Site Plan Review Application Review; Application #05-06; Map 401, Lot 56:  Jeanie McIntyre recused herself as the Executive Director of UVLT, an easement holder of the property.  Freda Swan appointed Dan Brand to sit as a full member.  The Board reviewed each item which had been found missing or inadequate at the previous meeting.  Under section 9.2.11.4 the Board had requested the lumens of the lights.  Although this was not provided, the plans now show the illumination area of each light which the Board found acceptable.  Section 9.2.16 was found incomplete because the project does not have all its local, state, and federal permits as yet.  Under section 9.4, the Board had requested the FEMA flood elevations and an equation to make them comparable to the field determined elevations.  Rod Finley responded that the FEMA elevations are only provided for the Route 10 crossing and the Connecticut River which is a 200’ drop in elevation.  The Board determined FEMA has not provided enough elevations to make them valuable on this plan.

Dick Jones made a motion to waive the requirements of section 9.2.16 which requires all local, state, and federal permits for a complete application with the stipulation that the permits must be submitted prior to any plan approval.  Jack Elliot seconded the motion and unanimous agreement followed.  Dave Swanz made a motion to deem the application complete.  Jack Elliott seconded the motion, and unanimous agreement followed.

Dan Brand stated he felt the Board should walk the site.  Phil Harrison stated it was fine for members to walk the site individually or as a group.  Dan Brand commented that the ski trail bridge is built for a heavy truck.  He also pointed out a recent Valley News article which stated the school would be breaking ground in the spring or summer.  Phil Harrison responded that this must have come from a letter sent to students’ parents.

The site plan review hearing will have to be noticed due to the use of an outdated list of Village Association Board members for the application submittal notice.  Victoria Davis told Rod Finley there would be another fee.  Freda Swan pointed out the Board must review the Crossroads Academy proposal within 60 days.  A hearing date for June 9th at 7:00 PM was scheduled.  This should give the Board time to hire consultants and obtain their input.

Item 5:  Mary Nichols Living Trust Lot Line Adjustment Hearing; Map 402, Lots 51 & 52; Application #05-08:  Freda Swan called the hearing to order at 8:30 PM.  She pointed out that the map does not show the access to the Nichols Tree Farm on Lot 52 off the proposed driveway to Lot 51.  Rod Finley stated he would add this to the map.  Jeanie McIntyre pointed out that the language of the access easement shown on the map had not been provided.

Jack Elliott reviewed the application for completeness.  A waiver was requested from II. A. 4. for the perimeter survey as Lot 32 is quite large.  The utilities are not shown as required under section II. A. 7.  The Board determined they will consider waiving the display of existing utilities, but require the proposed utilities to be shown.  Section III. A. 2 requires a copy of the easement which was not provided.  Section III. C. will be waived as the Board does not wish to have the Chair sign the deed.  Jeanie McIntyre made a motion to grant the waivers.  Jack Elliott seconded the motion, and unanimous agreement followed.  Jeanie McIntyre made a motion to deem the application complete pending receipt of the easement document.  Dave Swanz seconded the motion, and unanimous agreement followed.  Rod Finley stated they have the NH DOT driveway permit and the State approved septic system design.  Dick Jones made a motion to approve the lot line adjustment subject to the following conditions:

1.      Parcel “A” (0.30 acre) shall become part and parcel with Map 402, Lot 51.
2.      Test pits must be shown on the plan and test pit data provided to the Board.
3.      The proposed utilities must be shown on the plan.
4.      Spelling errors on the plan must be corrected in the abutters list.
5.      The easement must be referenced on the plan and a copy provided to the Town.
6.      The access to Lot 52 must be shown off the proposed driveway to Lot 51.

Dave Swanz seconded the motion, and unanimous agreement followed.

Item 6: Lyme Nursery School Site Plan Review Hearing; Map 402, Lot 51; Application #05-09:  Freda Swan stated the access to Lot 52 must be shown on the plan as noted in the previous hearing.  She added that a submitted letter states there are no conservation districts on the lot, but the intent must have been there are no conservation easements.  Rod Finley responded that there are certainly conservation districts on the lot.  Dick Jones reviewed the application for completeness.  No scale or dimensions are provided for the building, and directional indication should be provided to meet section 9.2.7.  A waiver is requested from section 9.2.8 for the 200’ extension of topographic lines.  Rod Finley stated it is difficult to survey on an abutter’s property.  Section 9.2.10 also mentions the building dimensions which are missing and there are no exterior dimensions of the parking lot.  When asked about a trash collection area, Julie McCutcheon responded that they only have about one bag of garbage per week.  She added that they would have a paved bicycle path around the play area.  The Board requested that this be added to the plan.  The exterior lights were not shown as required in section 9.2.11.4.  The Board suggested that lighting should be placed in the parking lot even if they are not used often.  It was also pointed out that any lighting should be “dark sky friendly.”  Julie McCutcheon stated they would put two lights on the building.  She added that there would be no air conditioning.  The Board noted that the landscape plan does not match the site plan drawing.  Section 9.2.12 requires a landscaping plan, and the Board requested that the drawings be reworked to match.  Freda Swan also suggested that they not show specific playground equipment, but only the area for a playground.  Section 9.2.16 requires local, state, and federal permits.  The NH DOT driveway permit and the septic design are on file.  Julie McCutcheon submitted a letter of licensure for the school from the State.

Dick Jones made a motion to waive the requirement for a 200’ extension of topographic lines.  Jack McIntyre seconded the motion, and unanimous agreement followed.  Jeanie McIntyre made a motion to deem the application incomplete based upon the previous findings.  Dick Jones seconded the motion, and unanimous agreement followed.

Dan Brand expressed concern about the on-site parking stating the open space in the middle of the parking lot should be filled in.  He felt there would be congestion with the parking along the curb lines and parallel parking.  Julie McCutcheon stated the maximum capacity is 36 children and they have full capacity only two days per week.  They also have a staggered drop-off from 8:00 to 8:15 AM and 8:15 to 8:30 AM.  Rod Finley stated any event parking could overflow onto the lawn.  The Board requested that this be shown on the plan.  Erica Wygonick of RSG stated the traffic flow is one way and there is adequate aisle width.  The provided aisle width is 15’ and the standard width is 12’.  She added that there would only be one or two events requiring additional parking, and it would not be appropriate to develop parking for those two times.  Dan Brand stated the driveway width should be wider than 10’ each way.  Rod Finley responded this is the width of the access way at Centerra Park in Lebanon.  Dick Jones stated that a 20’ traveled way was the standard on most Town roads.  Dan Brand stated the trip generation is low showing two children per vehicle.  Erica Wygonick responded she had used a conservative estimate.  Jeanie McIntyre stated this parking and drop-off design is similar to the existing Crossroads Academy design.  Dan Brand suggested reserving a parking lane on the driveway.  Freda Swan suggested that only teachers park in the middle perpendicular parking spots so there are not any cars backing out blocking traffic.  Any remaining perpendicular parking spots could be blocked off only to be used for event parking.  Greg Spitz agreed saying this is logical.  Jeanie McIntyre asked how people would walk from their cars to the building, and suggested they might provide a pathway to prevent pedestrian traffic in the parking lot.  She added that snow would have to be removed from the path to keep it accessible in the winter.  Dick Jones stated the Select Board felt there needed to be more vegetative screening between the site and Route 10.  Rod Finley stated he would look into the possibility of planting in a State road right of way.  Jack Elliott suggested they might even consider sliding the proposed development back a few feet to allow landscaping if necessary.  Lloyd Nichols suggested there may be less of a traffic congestion issue if there were diagonal parking.  Greg Spitz commented that they would lose one parking spot in that case.  

When asked if the school would have a sign, Julie McCutcheon stated they would put out a sandwich board type sign.  The meeting was continued until 7:00 PM on May 12th.  The Board requested that new information be provided to the Selectboard office by May 3rd.

Item 7:  Scope of Work for Crossroads Academy Plan Consultant Review:  Dave Swanz had e-mailed a proposed scope to the Board members.  Any additional comments should be forwarded to Victoria Davis for compilation to be given to the consultants applying for the job of review.  The interview will be Monday, April 25th at 2:00 PM.  The Board also asked Victoria Davis to provide the consultants with a list of Crossroads Academy trustees.  They will also have to sign a statement that they understand they will be working for the Town of Lyme and have no conflict of interest with Pathways Consulting or Crossroads Academy including the trustees.

The meeting adjourned at 10:10 pm.

Submitted by,
Victoria Davis
Planning & Zoning Administrator

Tentative Meeting Agenda for April 28, 2005:
1)      Curbcut Regulations Amendments
2)      Subdivision Regulations Amendments
3)      Site Plan Review Amendments
4)      Excavation Regulations Amendments

Tentative Meeting Agenda for May 12, 2005:
7:00    Lyme Nursery School Application Review
7:40    Newton/Paolino Lot Line Adjustment Hearing
        Newton/Dickey Lot Line Adjustment Hearing
9:00    LOP (Wagner) Minor Subdivision Hearing

Tentative Meeting Agenda for May 26, 2005:
7:40    Lois Huntington Informal Meeting
8:10    Curt Vinson One Lyme Common Informal Meeting (Is SPR required?)
8:40    Alverson/Barnum Informal

Tentative Meeting Agenda for June 9, 2005:
7:00    Crossroads Academy Site Plan Review Hearing