Lyme Planning Board Minutes
July 14, 2005
Board Members & Staff:
Present: Freda Swan, Dave Swanz, Dick Jones, Jack Elliott, Dan Brand, and Victoria Davis Absent: Jeanie McIntyre and Don Dwight.
Public: Jean Behnke and Phil Harrison of Crossroads Academy, Attorney Bernie Waugh, Rob Titus, Rod Finley of Pathways Consulting, Greg Hemberger of Banwell Architects, Scott Williams of CLD Consulting, and Lucy Gibson of Smart Mobility.
Freda Swan called the meeting to order at 7:00 pm. She appointed Dan Brand to sit for Jeanie McIntyre.
Item 1: Approval of Minutes: Several minor amendments were made to the minutes of June 23, 2005. Dick Jones made a motion to approve the minutes as amended. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Minor Subdivision Hearing for the Town of Lyme; Separate the Highway Garage from the Cemetery; Map 201, Lot 110; Application #05-12: Dick Jones recused himself because as a selectman, he is the property owner. Dave Swanz read the application requirements for completeness review. Freda Swan pointed out there was water from the highway garage serving the cemetery. Dick Jones responded that no one knew exactly where the line was located. Dan Brand commented that the two proposed lots should be labeled as “highway garage” and “cemetery.” Jack Elliott proposed that the labels be added as a note over the list of deeds for the entire existing lot. Waivers were requested for II. B. providing a conservation district map as the primary buildings
already exist; II. D. 9. to show the new buildings since the survey was completed before the new garage was installed and a new salt shed will be built within the next couple years; III. Lot size and density calculations since the buildings and lot coverage are necessary for Town operations and primary buildings are already existing; IV. Show septic system on the plan as the exact location is not known (although State approval is on file); and V. run-off plans.
Dave Swanz made a motion to approve all waivers except II. D. 9. as some Board members felt the new buildings should be shown. Jack Elliott seconded the motion and unanimous agreement followed. Dick Jones stated it would make sense to grant the waiver on showing the buildings as the salt shed would not be built for a year and a half or so. Jack Elliott made a motion to grant the waiver for II. D. 9., and Dave Swanz seconded the motion. Unanimous agreement followed. Dave Swanz made a motion to deem the application complete. Jack Elliott seconded the motion, and unanimous agreement followed. Dave Swanz made a motion to approve the application with the conditions that the note change as provided above be made and the buildings be removed from the plan. Jack Elliott seconded the
motion, and unanimous agreement followed.
Item 3: Appoint Ben Kilham as Alternate: Dave Swanz made a motion to appoint Ben Kilham as Planning Board alternate. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 4: Continued Crossroads Academy Site Plan Review Hearing; Map 401, Lot 56; 101 Dartmouth College Highway; Application #05-06: The Board discussed the draft Precedent Conditions of Approval:
1. Security. Freda Swan stated the primary goal is to protect the wetlands by insuring that disturbances by driveway, parking lot, and pedestrian trail construction are alleviated should Crossroads Academy fail to complete the proposed new campus. Jack Elliott pointed out that the Board would not have to finish the work, but simply stabilize it. Rod Finley stated it would cost about $95,000 to stabilize the entire site including $40,000 of grading and providing mats for the slopes. Scott Williams responded this does not sound unreasonable since the money would not be tied to specific corrective work. He suggested adding a 10% contingency. Rod Finley stated they are currently at the “worst case scenario” for security and as they
continue with the project there would be less stabilization required. Bernie Waugh pointed out he had provided wording for the security requirement at the last meeting. The Board determined to set the amount at $100,000 and use the wording provided by Bernie Waugh.
2. Monitoring Escrow Account. Scott Williams had provided an estimate of $10,900 for monitoring construction on behalf of the Planning Board though he stated a maximum should not be established. Dave Swanz stated the Planning Board should decide what should be monitored as it would be unfair to the applicant if it were open-ended. He felt the Board could change its priorities if money ran short. Dan Brand suggested a condition that if a cease and desist order is issued, the applicant be required to pay for inspections after problem is remediated. Rod Finley stated in Hanover, the Department of Public Works monitors the construction. Scott Williams stated he has provided his best estimate, but he really cannot know how much it will actually cost
until he gets into the project. Phil Harrison stated Crossroads Academy could put $40,000 to $50,000 in escrow as long as it was clear that any money not needed for monitoring would be returned to Crossroads. Bernie Waugh stated he hoped the Planning Board would not need to anticipate cease and desist orders. He added that RSA 676:4A provides that the Planning Board can revoke an approval so it should not be an issue of needing more money to rectify a violation. Phil Harrison added that if the Board needed more money in the account, they could simply ask Crossroads to provide it. If they refused, a cease and desist order could be issued. The Board determined that $15,000 would be a starting point with additional funds as agreed upon by the Board and Crossroads Academy. Scott Williams stated CLD Consulting would need guidelines for monitoring such as the order of contact and who would be a mediator, if needed.
Lucy Gibson reviewed her comments on the traffic and parking issues. She pointed out that there is overflow parking shown on the existing campus based upon the possibility that Crossroads may purchase part of this land to go with their new campus. She felt there should be a boundary line showing what land is proposed to be annexed. Phil Harrison responded that the plan for annexation is not complete, but the school may keep using part of the land as their right as a condominium owner. Lucy Gibson stated it is not clear where the overflow parking will be. Jack Elliott stated the Board requires there be no on-street parking, and after that, it is Crossroad Academy’s problem where to put the extra cars during special events. Freda Swan pointed out that there is nothing in the site
plan review regulations to require overflow parking. Lucy Gibson added that the regulation’s required parking has been met though more parking will probably be needed. The Board determined they could not require more than required by the regulations. Freda Swan stated the Board might consider a requirement that no overflow parking be allowed off Shoestrap Road. At a previous meeting, Greg Hemberger had stated there could be overflow parking off Shoestrap. However, since then Phil Harrison of Crossroads Academy had stated in an e-mail that the school does not intend to allow overflow parking there. Freda Swan added this would help reduce congestion concerns at the intersection of Shoestrap Road and Route 10. Lucy Gibson pointed out that on map C8 the 4’ and 8’ shoulders should be blended. Rod Finley stated the construction drawings are more detailed and different. Freda Swan responded that the Board requires
accurate information. Dan Brand stated the plans should show the entrance to the Village. Lucy Gibson agreed adding that other driveways in the vicinity shown on the plans should also be rendered. She is not sure where the Village entrance is located, and stated that the area around the entrance should not be altered to add confusion. She suggested that plan C12 be modified to show accurate shoulders. Rod Finley mentioned a “painted island” which was not shown on the plans. He added that NH DOT wants 2’ shoulders and the Town wants 4’ shoulders. He said he will change the shoulders to be 4’. Freda Swan stated a precedent condition should be added to require corrected plans for the Town files.
The Board reviewed the draft Conditions of Approval. Phil Harrison pointed out that 5.a. on the draft requires Crossroads to obtain an easement to use the Pond View Apartments pond for fire protection. He stated it is the Town’s responsibility to obtain this easement as it will benefit more Lyme residents than the academy. Freda Swan agreed and this will be modified. Phil Harrison expressed concern that the power company would put two poles on the property and would require a cutting easement which might be a problem under 6. Freda Swan stated it was not an issue as 6. refers to access ways only and not the utilities. Freda Swan asked if the existing curb cut off Shoestrap Road would be used or not. Rod Finley stated they would be using this curb cut as access to the
Shoestrap Road parking lot. The other “curb cut” is for the snow machine trail. He visited the site today with Ben Kilham and obtained a Town Curb Cut approval. Dan Brand pointed out that the word “temporary” in the notation should be removed from the overflow parking shown on the existing campus property on Page C9 and replaced with the word “overflow.” Freda Swan suggested removing “granite” from the curbing noted on a plan so they would not be locked in to one type of curbing.
Scott Williams expressed concern that the NH Site Specific application plans may not match the plans submitted to the Planning Board. Freda Swan stated Pathways will have to give final plan copies submitted to the Planning Board to both Scott Williams and the NH Site Specific bureau so everyone would have the same plans.
The Board determined the Precedent Conditions would include: 1. Security; 2. Monitoring funds; and 3. Final Revised Maps in accordance with letters submitted by CLD Consulting on July 14, 2005 and Smart Mobility on July 12, 2005 as well as comments made by Freda Swan in an e-mail delivered to the applicant on July 12, 2005 and the comments made in these minutes. The Subsequent Conditions will be as drafted with minor modification and the addition of “no overflow parking off Shoestrap Road.” Dick Jones made a motion to approve the application subject to the conditions. Jack Elliott seconded the motion, and unanimous agreement followed.
Scott Williams requested a detailed schedule and the chain of command. He will write up his suggestions and provide a flow chart. He would like to nail down how he should respond in doing the monitoring. He will work through Victoria Davis to work out these details.
Item 5: Other Business: Victoria Davis had scheduled an informal for this evening which the Planning Board did not have time to hear. The Planning Board suggested that Carolyn Bardos simply apply for the Site Plan Review and begin there. The next meeting agenda is full so they would not have time to have an informal with anyone new. The Board determined a site plan review would be required. It was suggested to make sure the building is in the Lyme Common District and not the Rural District where retail is not allowed.
The Board requested that Earl Strout be contacted to make sure he has the required plans for the hearing. The Board would like them one week in advance.
Victoria Davis stated she had worked with Town Counsel Jae Whitelaw on minor changes in the zoning ordinance so the Planning Board could focus on the larger issues such as a community attitude survey, the master plan, reviewing and amending the zoning ordinance for zoning districts and the Ridgeline and Hillside Conservation District.
The meeting adjourned at 10:10 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for July 28, 2005:
7:00 Strout Site Plan Review continued hearing
8:00 Dartmouth Skiway Site Plan Review hearing
9:00 Informal Meeting with Liz Ryan Cole for alternative living at Loch Lyme Lodge
9:30 Discussion of Master Plan, Zoning, Site Plan Review Regulations, and Aquifer Mapping
Tentative Meeting Agenda for August 11, 2005:
7:00 Continued Newton/Dickey Lot Line Adjustment Hearing
| 
