Lyme Planning Board Minutes
June 23, 2005
Board Members & Staff:
Present: Freda Swan, Dave Swanz, Dick Jones, Dan Brand, and Victoria Davis. Absent: Jack Elliott and Jeanie McIntyre.
Public: Don Dwight, Bill Wohlforth, Cynthia Bognolo, Becky Wheeler, Earl & Beverly Strout, Robert Franco, William Thomas, Ray Clark, Chris Graham, and Kathleen Allden.
Freda Swan called the meeting to order at 7:00 PM. She appointed Dan Brand to sit for Jeanie McIntyre.
Item 1: Curbcut Regulations Amendments Public Hearing: Freda Swan called the hearing to order at 7:00 PM. The only public was Don Dwight. Dan Brand suggested several minor grammatical corrections which were not considered substantive. Dick Jones made a motion to approve the Curbcut Regulations (formerly the Driveway Access Regulations). Dave Swanz seconded the motion, and unanimous agreement followed.
Item 2: Subdivision Regulations Amendments Public Hearing: Freda Swan called the hearing to order at 7:10 PM. The only public was Don Dwight. There was little discussion as this was the 10th draft of the regulations. Dick Jones made a motion to adopt the amended Subdivision Regulations. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 3: Approval of Minutes: Several minor amendments were made to the minutes of June 16, 2005. Dick Jones made a motion to approve the minutes as amended. Dan Brand seconded the motion, and unanimous agreement followed.
Item 4: Informal Meeting with Dan Wohlforth; Map 414, Lot 9; Possible subdivision of lot owned by the Benedictine Congregation at 60 Pout Pond Lane: Dan Wohlforth explained that his family had given property to the Benedictine Congregation years ago. He asked the Congregation if they would allow him to subdivide off about 12 acres for a home for himself. They agreed. He stated he had reviewed the conservation districts map with Victoria Davis, and although there are no hydric soils shown on the property, there are areas which are quite wet. Freda Swan asked if the property had been surveyed, and Dan Wohlforth responded it had been around 1985. He stated the property had not been part of a subdivision in over 10 years so the “lot size” would not be reduced by
conservation districts. Victoria Davis asked if the property should have a wetlands delineation to ensure that development does not occur within the Wetlands Conservation District. The Board determined there should be a wetlands delineation, a survey of the new lines, appropriate road frontage for both lots, septic testing, delineation of conservation and zoning districts, and other requirements within the application. Generally, the Board did not see a problem with this subdivision.
Item 5: Informal Meeting with Cynthia Bognolo; Map 201, Lot 12.2; Possible office conversion from residential at 5 Market Street: Cynthia Bognolo stated she is having a difficult time renting out her little house (formerly a market and later space for the Lyme Historians) as a residence. She would like to know if it would be possible to convert the house to an office. The Board pointed out her biggest hurdle is having only two parking spaces. Cynthia Bognolo pointed out that the Alden Inn uses parking off-site at the Lyme Computers building (formerly the Simi building). There was some discussion about there possibly being an agreement between the former Alden Inn owner and the owner of the Lyme Computers building. However, it was noted that the Site Plan Review
regulations state there must be “on-site” parking. Appendix A of the regulations requires four parking spaces for every 1,000 square feet of office space. Cynthia Bognolo stated her house is about 1,700 square feet. Her preference is to have someone live at the property. The Board explored renting it to someone who could live and work there with a home occupation which is allowed by right in the zoning ordinance and does not require Site Plan Review. However, there is a contradiction in the zoning ordinance which classifies a home occupation as a business and requires two parking spaces per dwelling and additional parking spaces for businesses (see section 7.21). Freda Swan wondered if the use by right would outweigh the parking requirement. When Cynthia Bognolo inquired if she could have parking at the neighboring house which she also owns, she was told she could not as this would not be “on-site,” meaning on the
same lot as the business.
Item 6: Informal Meeting with Becky Wheeler; Map 401, Lot 31; Possible subdivision of lot with two houses owned by Hazel Wheeler at 158 and 162 Goose Pond Road: Becky Wheeler explained that she lived on her mother’s property in one of two houses on the lot. The original house became too small for the family, so they built a larger house 1971. As well as living there as a child, Becky Wheeler has lived in the small house since 1982. Her mother has in her will that the little house is to go to Becky Wheeler and the remaining house to be sold off with the proceeds going to the brothers. Becky Wheeler stated each house has its own driveway, well, and septic system. Freda Swan recalled a law which might provide that a transfer be granted without subdivision approval.
Victoria Davis said she would call Town Counsel and inquire about this law. She added that Becky Wheeler might want to apply for a variance from the ZBA. The Board determined that if a subdivision is allowed to occur, the lot must be surveyed, and septic systems, wells, and driveways must be shown.
Item 7: Continuance of Newton/Dickey Lot Line Adjustment Hearing; Map 407, Lots 136 & 137 on Pinnacle Road: Tim Dickey had called Victoria Davis to say he was not prepared for the hearing and could not attend until August 11, 2005. Dick Jones made a motion to continue the hearing to August 11, 2005. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 8: Appointment of Don Dwight as Planning Board Alternate: Dick Jones made a motion to appoint Don Dwight as a Planning Board Alternate. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 9: Site Plan Review and Conditional Use Approval Hearing for Beverly Strout; Map 201, Lot 83; Possible conversion to retail at 4 Britton Lane: Earl Strout presented a site plan review and a conditional use application to add retail as one of the uses at Green Mountain Studios. He stated there would be up to 23 employees and the potential for up to 50 visitors per day. He stated this was his best guess based upon the past. Robert Franco is hoping to rent space from the Strouts to sell used cars including a display of up to six cars outside the building. Dave Swanz pointed out that an earlier informal discussion had indicated there would only be four vehicles displayed. Earl Strout responded he had changed it to six in the event they needed more space so they would not
have to come back to the Planning Board. Several items in the application such as “height of buildings” were “grandfathered” as the buildings have been there for years before the site plan review regulations were adopted, and they have not been changed. Freda Swan stated they know they are under the required 35’ anyway. Earl Strout stated there is potential extra future parking on the northern part of the property. He added that the ZBA had allowed him up to 42 cars. Dick Jones pointed out the old sketch shows parking areas for 5, 7, and 18 cars. Freda Swan responded that the previously submitted narrative tells the present proposal.
Several abutters expressed concern about the proposal. Chris Graham stated he felt there is a lack of information, and he did not have a sense of the proposed change. He asked if there is any benchmark information to determine the change in use. Dick Jones stated the use was there before the regulations, so there was not a previous plan submitted when the facility began operation. Kathleen Allden added there is constant traffic in and out of Britton Lane. Earl Strout responded that he is quite sensitive to the dust issue from the traffic, and he has been working with Jimmy Jenks to control the dust. William Thomas inquired about the procedures for the hearing. Freda Swan explained.
Dick Jones reviewed the site plan review application for completeness. The Board determined there were several section waivers required since this is a facility existing prior to the regulations: 9.2.7 – information about existing structures; 9.2.8 – existing grades; 9.2.11 – utility plan; 9.2.13 – drainage plan. Dick Jones made a motion to approve the waivers. Dave Swanz seconded the motion, and unanimous agreement followed. Dick Jones made a motion to deem the application complete. Dave Swanz seconded the motion, and unanimous agreement followed.
Ray Clark questioned if the proposal is conforming or legally nonconforming. Freda Swan referred to Table 4.1 of the zoning ordinance which delineates which uses are allowed by right, allowed by conditional use approval, or not allowed by zoning district. Some of the existing uses at the former Green Mountain Studios are currently conforming and some are nonconforming. However, the nonconforming uses are “grandfathered” and thus legal. Ray Clark asked if the nonconforming uses were being increased, and Freda Swan responded that the manufacturing/processing was not being increased. Ray Clark stated he is often critical of boards for not being more flexible; however, since these are the largest buildings in town, the Planning Board should consider all elements such as the septic
design adequacy, parking, and lighting. He pointed out that there is a drainage swale within 200’ of the site. He also stated he did not believe the Board should grant a “blanket” approval, and that they should review each proposed change in use. He gave the example that a bookstore could be converted to an adult bookstore without Board review. Freda Swan responded that the Board could not tie the hands of the applicant by requiring a Board approval for each change in tenancy unless it was determined to be a different use. She explained that this would hinder their ability to do business by taking too much time and potentially driving off possible tenants. She gave an example of changing from one type of office to another even though the business might be quite different such as a doctor’s office to an attorney’s office. Earl Strout added that he basically wants to add retail as a use of the property, and he
cannot list potential tenants in the future. He is requesting that the Board set reasonable parameters, and if he has a substantial change, he will come back to the Board. An important parameter he proposed for the current application was the maximum number of daily vehicle trips in and out of the site: 50 visitors (100 trips) and 23 employees (46 trips).
Kathleen Allden submitted a letter outlining several comments and questions about the project. She stated she had just bought a house across Route 10 from the proposal and would not have purchased it if she had known she would be near a car dealership. She questioned the effect on the neighborhood, the vagueness of the application, and how the Town would enforce any requirements. Freda Swan responded the Board is limited by the regulations on what they can require. Chris Graham stated it appeared to be a change in use which would significantly impact the surrounding residential neighborhood. Freda Swan responded that none of the Board members could formulate an opinion since they had not reviewed the application for its content yet.
The hearing was continued to July 28, 2005 with no specific time set.
The meeting adjourned at 10:10 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for July 14, 2005:
7:00 Approval of Minutes of June 23, 2005 Meeting
7:10 Town of Lyme Subdivision Hearing (Map 201, Lot 110 Highway Garage/Cemetery)
7:45 Continued Hearing for Crossroads Academy Site Plan Review
Tentative Meeting Agenda for July 28, 2005:
7:00 Approval of Minutes of July 14, 2005 Meeting
7:10 Continued Hearing for Beverly Strout Site Plan Review & Conditional Use Approval
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