Lyme Planning Board Minutes
July 28, 2005
Board Members & Staff:
Present: Freda Swan, Dave Swanz, Jack Elliott, Jeanie McIntyre, Dick Jones, Dan Brand, Don Dwight, and Victoria Davis Absent: Benjamin Kilham
Public: Beverly & Earl Strout, Doug Holler of Dartmouth Skiway, Scott Barthold of Sno.Engineering, Brian Gilman, Mako Saito, Patricia Ernst, Francis Ackerly, Jeff Lehmann, Russell Barnes, Nancy Grandine, Liz Ryan Cole, and Faith Catlin.
Freda Swan brought the meeting to order at 7:00 pm.
Item 1: Approval of Minutes: Dick Jones made a motion to approve the minutes of July 14, 2005 with minor amendments. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Site Plan Review and Conditional Use Approval Hearing for Beverly Strout; Map 201, Lot 83; Application #05-11; Possible conversion to retail at 4 Britton Lane: Freda Swan called the hearing to order at 7:00 pm. Two letters from abutters received earlier in the day were provided to each Planning Board member and the Strouts: Kathleen Allden and Chris Graham both expressed several concerns including that not enough information had been provided in the application including traffic flow. Earl Strout stated the retail auto sales was no longer an option for the buildings, but he would still like to obtain approval for retail for possible future tenants. He would like some parameters for renting to “light weight retail” which he described as “not an IGA store.” He stated the main floor of the front building (building 1) would be for “light weight retail.” The upper floor has historically been office space. The upstairs of building 2 (the connector building) would be
storage as would the upstairs of building 3. The lower floor of building 3 would be light manufacturing as it is now.
Earl Strout submitted a letter dated July 27, 2005 from Bruce Waters of McLaughry stating in his professional opinion the Strout buildings would attract “destination retail” which might generate 15-20 trips per day and require only three to five parking spaces. Earl Strout also submitted a letter dated July 27, 2005 to himself from the Law Offices of Clauson, Atwood, & Spaneas. The letter stated that the proposal is not subject to a conditional use permit by the Planning Board under Article 4, but rather a special exception by the ZBA under Article 8. It further stated that Attorney Clauson did not believe a site plan review is required since no external changes are being made. Victoria Davis responded that Lyme’s Town Counsel disagrees and feels when there is a change in use,
a site plan review is required. The zoning ordinance was reviewed and it was determined that section 8.11 did reference the ZBA for a special exception (probably by error in making amendments last year), and it might be interpreted either way to require a special exception by the ZBA or a conditional use approval by the Planning Board. Freda Swan asked the Strouts if they would prefer to go to the ZBA. Earl Strout stated he would prefer to continue with his application for a conditional use approval with the Planning Board.
Dick Jones pointed out that there are only 40 parking spaces, and since the property already exceeds its lot coverage, adequate parking could not be provided. He referred to the Site Plan Review Regulations On-Site Parking requirement for 4 parking spaces per 1,000 square feet of retail or office area and .6 parking spaces per employee for industrial use. Dick Jones estimated that 24 parking spaces are required for the retail/office space leaving only 16 spaces for the users of the first floor of building 1 and all of building 2 and building 3. He added that 48 parking spaces are required just for building 1. Victoria Davis pointed out that a special exception might be obtained to exceed the existing lot coverage by 500 square feet within the Lyme Common District, and the area of the lot within the
Rural District could be used for parking since parking does not count toward lot coverage in that district. Dick Jones expressed concern that parking in the Rural District might encroach into a wetland buffer.
The Board discussed the potential for added parking, and Freda Swan suggested approval could be conditional upon the Strouts providing parking pursuant to the Site Plan Review Regulations for whatever retail and office space the Strouts put in place. Dan Brand pointed out that trips per day had been discussed at the previous hearing with the Strouts and should be addressed. He added that the type of retail could determine the trips per day. If there were a “destination retail,” people would linger longer at the store than at the Lyme Country Store. Dave Swanz pointed out that the Strouts could have several retail businesses in their buildings affecting traffic flow. Jack Elliott stated the Site Plan Review Regulations should be the guidance for the parking since it is by area of
retail and office space. Jeanie McIntyre responded that trips per day is quite different from parking needs and varies by property uses, and it affects volume and safety of traffic. Dick Jones stated if there is no traffic requirement in the regulations, then the Board cannot restrict it. Jeanie McIntyre stated there needs to be a way to allow a reasonable impact level. She added that the Board needs a traffic estimate. Dan Brand volunteered to draft the parameters for allowable traffic under this site plan proposal. He verified with the Board that there would be 30 employees making a maximum of four trips per day including going out for lunch and 16 spaces for customers with a turnover of 10 or 440 trips per day (16 spaces x 20). Jeanie McIntyre pointed out there are only 40 spaces and eight more are needed. Freda Swan stated a special exception to exceed maximum lot coverage might be required to use 500 square feet of area in the
Lyme Common District for an access way to reach new parking on the lot within the Rural District. She also felt the dust control should be addressed, though the Board agreed that there are other lot owners using the road so it should not be entirely up to the Strouts. A new map will be required once the decision is drafted. Jeanie McIntyre asked if lighting had been addressed. Earl Strout responded that his lighting is shielded, and the Board determined a condition might be to have the lighting remain the same. The hearing was continued to the regular August 11, 2005 meeting.
Item 3: Dartmouth Skiway Site Plan Review Hearing; Map 414, Lot 58; Application #05-13; Snow-making expansion, trail improvement, and parking lot lighting: Freda Swan called the meeting to order at 8:00 pm. Doug Holler stated the application is for short- and long-term projects. Scott Barthold presented an addendum to the application to move the existing pole barn covering the lift terminal and re-build the lift terminal. Victoria Davis pointed out that this would increase the lot coverage. The addendum included a revised map (Sheet 4). Scott Barthold reviewed the application for the Board: 1.) Snowmaking Pipe Expansion; 2.) Existing Waterbar re-construction which requires a State permit – the waterbars were constructed with too steep a grade and are eroding; 3.)
Widening of Drop-Out Trail and extension of existing culvert; 4.) Blasting and widening of Pass/Fail Trail in “narrows;” 5.) Parking lot lighting for evening events – four new poles will be added to the lot toward the lodge. He added that the lighting is required by the site plan review regulations, and the police and event participants had suggested the lighting is needed.
He added they would also be doing a couple projects which do not require Town permits: upgrading the Worden’s Lift drive terminals and deepening the existing snowmaking pond. Freda Swan asked if there were any Town restrictions on the ski lodge for hours. Dick Jones recalled there had been a written agreement. Victoria Davis will research this for the next meeting. Francis Ackerly asked when the pond would be altered. Doug Holler responded that it depends on the skiway’s financing and it may not happen this year.
Scott Barthold went on to explain the drainage system of the skiway. He stated people generally think if there is more snowmaking, there will be a greater peak runoff. However, he said the extra snow simply extends the duration of the runoff, but does not increase the peak runoff. They performed an analysis of the existing drainage system and determined it will serve more snow by extending a culvert. They had already established that the Holt’s side of the skiway is adequate, but the Winslow side needed work. He displayed Sheet 7 and showed that any water not handled by the culvert system would be directed down and past the sewage lagoon and into a wetland. Victoria Davis questioned if this extra water into the wetland would be part of the State permit application. Doug
Holler responded that the State had visited the site and suggested the diverting the water to the wetland and avoiding the sewage lagoon. Jeanie McIntyre pointed out that they are proposing that more water be directed to the wetland. Doug Holler stated he would determine if this should be permitted by the State or not, and he will provide this information to the Board before the next meeting.
Jeff Lehmann asked why the skiway would empty the pond if they are not prepared to dredge it. He pointed out its value as fire protection. Doug Holler responded it is all a matter of finances, and if they decide not to dredge the pond this year, they will re-fill it. The hearing was continued to August 11, 2005.
Item 4: Informal Meeting with Liz Ryan Cole for Co-Housing at Loch Lyme Lodge; Map 408, Lot 22: Liz Ryan Cole introduced herself stating she currently lives in Thetford. She stated that she and five couples are purchasing the Loch Lyme Lodge in hopes of developing co-housing for themselves and others of all ages. They would continue to serve long-time guests, but they would also like to build one or more common houses with private suites containing bathrooms and kitchenettes. There would be a shared open living space and a community kitchen for communal dining. Faith Catlin pointed out there needs to be a provision for affordable housing in Lyme. Liz Ryan Cole said they would demolish some cabins which are in poor shape, but they would retain the better cabins for seasonal
living by guests or co-housing members.
Victoria Davis stated that she had discussed with Nancy Grandine and Liz Ryan Cole that this proposal is not allowed in the current zoning, but they should chat with the Planning Board to see if there is a possibility of a zoning amendment to accommodate this type of housing. Liz Ryan Cole stated if there was not an alternative use of the lodge, it would probably be subdivided into several lots.
The Board discussed if the proposed building would be a single dwelling since the suites may or may not have “living” space per the definition of “dwelling unit.” It was suggested that it could be viewed as a Planned Development since it would have mixed uses of residential and non-residential, but Planned Developments are not allowed in the Rural District. Freda Swan suggested that Nancy Grandine draft a zoning amendment proposal. Jeanie McIntyre cautioned that the entire Board should consider carefully any such amendment to insure it meets broad goals and that it does not conflict with information collected from community attitude surveys. Freda Swan suggested the applicant do some careful research and inspection of existing septic systems to see what might be needed.
She recommended that the applicant could come back to the Board after everyone has had time to mull this proposal over and how it fits into the Lyme Master Plan.
Item 5: Crossroads Academy Construction Monitoring Guidelines: A letter submitted earlier in the day by Scott Williams of CLD Consulting Engineers was reviewed and amended by the Board. Victoria Davis was made the point person for the Board to collect the progress reports and notify the Board of any pressing issues.
Item 6: Other Business: Freda Swan stated she had requested that Victoria Davis explore models for a sludge ordinance. The Hillside & Ridgeline Conservation District information will be re-submitted to the Board by the subcommittee at the September 8, 2005 meeting for review. Victoria Davis distributed copies of a newly revised draft Site Plan Review Regulations for further discussion at the September 8, 2005 meeting.
The meeting adjourned at 10:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for August 11, 2005:
7:00 Strout Site Plan Review continued hearing
8:00 Dartmouth Skiway Site Plan Review continued hearing
9:00 Informal Meeting with Keane/Treadwell (M408, L75.1, 75.2, 75.3)
Tentative Meeting Agenda for August 25, 2005:
Tentative Meeting Agenda for September 8, 2005:
Site Plan Review Regulations
Hillside & Ridgeline District
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