Lyme Planning Board Minutes
August 25, 2005
Board Members & Staff:
Present: Dave Swanz, Jeanie McIntyre, Jack Elliott, Dick Jones, Don Dwight, and Victoria Davis Absent: Freda Swan, Dan Brand, and Ben Kilham
Public: Julia Elder; Dan & Ellen Parish; Karl & Charlotte Furstenberg; Keith Malone; Doug Holler, Dartmouth Skiway; Rod Finley, Pathways Consulting; Scott Barthold, Sno.matic Engineering; Ellen Arnold, Counsel for Dartmouth College.
Dave Swanz opened the meeting at 7:00 pm.
Item 1: Approval of Minutes: Minor changes were made to the minutes of the August 11, 2005 meeting. Jack Elliott made a motion to approve the minutes as amended. Dick Jones seconded the motion, and unanimous agreement followed.
Item 2: Lot Line Adjustment Hearing for Karl & Charlotte Furstenberg and Luane Cole Clark; Tax Map 408, Lots 58 & 61.2; Application #05-14; Applicant: Dan Parish:
Dan Parish presented the application explaining that he would be purchasing Luane Cole Clark’s home with 5.25 acres out of her approximately 22 acre lot (Map 408, Lot 61.2). The remaining 16.4 acres will be annexed to the Furstenbergs’ lot (Map 408, Lot 58). He explained that the 5.25 acre size was chosen to give a minimum lot size of 5 acres as required by the zoning ordinance. There is a small area of locally important agricultural soils on the lot and no other conservation districts.
Dick Jones reviewed the subdivision application criteria to determine completeness. It was noted that the conservation easement holders must be shown on the map as required under II.A.6. of the application; the existing septic system must be shown under II.A.7.; the notes on the plan referencing old surveys should be moved so it is clear which property they represent; and the boundary line between the Rural District and the Mountain & Forest Conservation District must be confirmed or corrected as it does not appear to be the same as shown on the zoning district maps. It was noted that the location of Acorn Hill Road may be incorrect as the Mountain & Forest Conservation District is delineated as beginning 1,000 feet from the road. The applicant was asked to have Harry Burgess, surveyor for the
property contact the Town’s mapping company, Cartographic Associates to come to a resolution. It was determined that a perimeter survey could be waived according to Subdivision Regulations section 1.04 since the Furstenberg lot is over 30 acres.
Jack Elliot made a motion to deem the application complete pending completion of the above. Don Dwight seconded the motion, and unanimous agreement followed. Jack Elliott made a motion to approve the lot line adjustment subject to the same conditions above. Don Dwight seconded the motion, and unanimous agreement followed.
Item 3: Other Business: Jeanie McIntyre explained that Bill Ploog is working on a school committee. She suggested the committee might be able to help with the master plan update. Dick Jones suggested that the Planning Board’s proposed community attitude survey could include a couple questions for the school. He added that there should be a one to two person committee to get the community attitude survey done. Dan Brand had already volunteered to work on the survey, but Dave Swanz reported that nothing had been done as yet as far as he knew. Jeanie McIntyre said she could contact Colin High or Resource Systems Group (RSG) to develop the survey. Dick Jones had submitted proposed amendments to the old survey done in the early 1990s. Don Dwight stated he had
seen the Weybridge, Vermont survey and felt it was more “on point” than the Lyme survey form though he understood it would be good to have new information comparable to the earlier survey results. Dave Swanz asked Jeanie McIntyre to take the lead in getting the survey done in cooperation with Dan Brand and Don Dwight.
Victoria Davis reported that she would be meeting with Lee Larson and the RPC and later the Audubon Society to discuss development of natural resources maps. She added that she had contacted Covel & Associates to explore aquifer mapping to delineate the Town’s aquifer(s) and how to protect it. Dick Jones stated a cost estimate would be needed for budgeting.
Dick Jones stated that the Board might consider adopting master plan amendments by section rather than waiting to complete the entire plan. Jeanie McIntyre agreed and added that the format should be revamped as it seems repetitive and not easily read. Dick Jones suggested following the regional plan format.
Item 4: Dartmouth Skiway Site Plan Review Hearing Continuance; Map 414, Lot 58; Revised application #05-13 for 1.) Extending Snowmaking Pipe on Middle and Upper Thomas Trails; 2.) Worden’s Lift Drive Terminal Upgrade; and 3.) New cutover trail between Upper Howard Chivers Trail and Middle Thomas Trail: At the previous meeting, Dartmouth Skiway presented a comprehensive application illustrating several projects. The application was never deemed complete. There had been much discussion about requiring Dartmouth Skiway to implement a plan to increase the parking lot lighting and correct the drainage of the parking lot which according to abutters and the Conservation Commission is increasing the turbidity of the stream. On August 23, 2005, Doug Holler submitted an e-mail to the
Planning & Zoning Administrator (which was transmitted to the Planning Board) requiring that the application be amended to include only 1.) Extending Snowmaking Pipe on Middle and Upper Thomas Trails; 2.) Worden’s Lift Drive Terminal Upgrade; and 3.) New cutover trail between Upper Howard Chivers Trail and Middle Thomas Trail.
Victoria Davis reported that she had discussed this case with Town Counsel Jae Whitelaw. She felt that the Board could not withhold approval of portions of the site plan which are unrelated to the parking lot if there had been no previous approval conditions related to the parking lot. Victoria Davis stated she had reviewed Planning Board and ZBA approvals and minutes back to 1999 when the new lodge plans had been approved. There had been no approval conditions related to the parking lot drainage and in fact, the site plan stated, “parking drainage to remain unchanged.” There was much discussion by the Board about how they could require improvement of the parking lot or the lighting which seems to violate the zoning ordinance if they could not withhold approval of other site changes. Ellen Arnold stated she also had spoken with Jae Whitelaw, and Ellen Arnold agreed that the Board could not withhold approvals. She felt the only avenue for requiring a change to the parking lot
would be through an enforcement action if an approval violation had occurred. The Board discussed a possible need to amend the site plan review regulations to retain control of the entire site when a new application is submitted. Ellen Arnold stated that the State permit for dredging the snow-making pond required stormwater prevention plans and also addressing the wastewater lagoon required the same. She added that the lighting issue is a financial and planning issue. When pressed by Jeanie McIntyre, Doug Holler corrected the former statement saying the stormwater prevention plans would not include the parking lots. Scott Barthold stated the amended application does not impact the parking lots drainage in any way. Dick Jones questioned if the future Cum Laude and Post Doc Trails snowmaking would impact the parking lot drainage. Scott Barthold agreed that it would. Currently, this is proposed for the future and is not part of this
application.
Dave Swanz requested some confirmation and schedule for dealing with the parking lot drainage and the lighting. Jack Elliott added that the public as well as the Conservation Commission has complained about the drainage affecting a public stream, and yet there has been no substantive response to address the issue. He added that the parking lot lighting is in the Skiway master plan and required by the zoning ordinance. Doug Holler responded that he talked with Lee Larson and asked him to review the pond dredging and any necessary stream clean-outs. He has not responded as yet. Ellen Arnold added that the master plan had been submitted as a courtesy and not as an application. She does not believe that the Skiway is in violation of any approvals. Dave Swanz stated the application
opens up the entire site to site plan review. Ellen Arnold disagreed. Jeanie McIntyre stated she did not like the Town Counsel advice, but thought the Board should follow it. She added it was helpful to see the entire proposal for the future and appreciated the efforts of the Skiway. Dick Jones stated the parking drainage issue could be reported to the State, but they are so understaffed it is unlikely it would be reviewed. Don Dwight reiterated a need to obtain some kind of schedule for the parking lot stormwater plan implementation and the lighting. Russell Barnes stressed that both parking lots should be addressed. He added that the Skiway was made aware of the problem three years ago, and he was told that Pathways Consulting was working on a plan. He said Doug Holler had told the Planning Board the same thing. He pointed out that the pond work was to include some erosion mitigation, but the pond work seems to be continually
delayed though at the last meeting, Doug Holler said the pond work would be done soon. He suggested the Skiway could be a “good neighbor” by addressing these concerns which affect the community even if the Planning Board cannot legally require them to address the erosion control and lighting of the parking lot.
Dick Jones reviewed the application for completeness focusing on the three issues of the amended application. Several waivers were requested: A waiver to 9.1 obtaining comments from town committees and departments as the proposals would not be relevant to the departments; several items under 9.2: perimeter boundary survey as skiway forms its own district 9.2.1; zoning district 9.2.2; 9.27 for elevation drawings of structures; 9.2.8 for drainage system in 2’ interval format as provided in different format; 9.2.10 as not building new structures; 9.2.11 and 9.2.12 as no proposed or current water supply or proposed sewage system; 9.2.11.3 as no proposed electrical system; 9.2.11.4 as no lighting proposed; 9.2.11.5 as no proposed communication system; 9.2.11.6 as no proposed fuel storage; 9.2.11.7 as no
plans for AC or cooling towers; 9.2.12 as no proposed landscaping; 9.2.14 as only one right of way affected; and 9.2.15 as no proposed increase in traffic. Doug Holler submitted a memo from the NH Tramway Board Meeting stating the NH Board had approved the replacement of the bottom drive tension terminal on August 17, 2005 as evidence of meeting as required by section 9.2.16. He also stated that the use of the Skiway has not increased in four years.
The Board determined they could not waive 9.2.7 or 9.2.10 and the elevation drawings of structures must be provided for the new buildings, new transformer, and pole barn to be moved. Under 9.2.11.3, the transformer will be in a different location and the utility line must be shown to it so this could not be waived. Dick Jones stated the maps as submitted do not reflect the application. Jeanie McIntyre agreed, but stated the information is there and needed to be segregated out so the application materials are clear. She added that fewer maps should be presented if possible to combine information.
Jeanie McIntyre made a motion to approve the waivers except 9.2.7, 9.2.10, and 9.2.11.3. Jack Elliott seconded the motion, and unanimous agreement followed. Jeanie McIntyre questioned if there is a lot coverage issue. Victoria Davis explained that zoning ordinance section 5.15 D. states, “lot coverage limitations shall not apply to Skiing Facilities Use in the Skiway District.” Jeanie McIntyre made a motion to deem the application complete after submission of the revised maps to illustrate the current application addressing only three items as noted above and showing the elevations of structures, utility line to transformer, and present/future uses of buildings. Dick Jones made a motion to approve the application subject to receipt of plans to be approved by Victoria Davis, the
Planning & Zoning Administrator.
Dave Swanz strongly reiterated the Board’s deep concern about the stormwater issue in the parking lot and the need for additional lighting in the parking lot. He added that these serious issues need to be addressed with specific plans in a timely manner, and Dartmouth should heed the request to be a good neighbor.
Victoria Davis asked why Rod Finley was attending the hearing with the applicants. Doug Holler responded the parking lot drainage plan previously done by Pathways Consulting would have been too expensive to implement so they are revising the plan.
The meeting adjourned at 9:30 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for September 8, 2005:
7:00 Continue Earl Strout SPR Hearing to September 22, 2005
7:05 Approve minutes for August 25, 2005
7:10 Review proposed amendments to Site Plan Review Regulations
9:00 Discuss Hillside/Ridgeline Conservation District
Tentative Meeting Agenda for September 22, 2005:
7:00 Approve minutes for September 8, 2005
7:05 Continued Earl Strout SPR Hearing
Tentative Meeting Agenda for October 13, 2005:
7:00 Approve minutes for September 22, 2005
7:05 Benedictine Congregation Minor Subdivision Hearing (Map 414, Lot 9)
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