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Planning Board Minutes 2005/11/10
Lyme Planning Board Minutes
November 10, 2005

Board Members & Staff:  Present:    Freda Swan, Dave Swanz, Dick Jones, Jack Elliott, Jeanie McIntyre, Dan Brand, Ben Kilham, and Victoria Davis   Absent:  Don Dwight
Public:         Joanne Foulk, The Village; Rod Finley & Scott Hazelton, Pathways Consulting; Phil Harrison, Crossroads Academy; Scott Williams, CLD Consulting; and Lucy Gibson, Smart Mobility.

Freda Swan called the meeting to order at 7:30 PM.

Item 1: Approval of Minutes:  Dick Jones made a motion to approve the minutes of October 27, 2005.  Dan Brand seconded the motion, and unanimous agreement followed.

Item 2: Crossroads Academy Site Plan Amendment Hearing; Application #05-16; Map 401, Lot 56; 101 Dartmouth College Highway:  Freda Swan stated the Board did not have to perform an application review for completeness as the current application is to modify one component of an approved plan.  Rod Finley presented the application stating the existing construction entrance to the proposed school campus approved by the Board in the original plan has caused a conflict of traffic with the existing school campus which is very close.  He further stated that the construction entrance is difficult for the construction vehicles to navigate due to the steep grade and narrowness.  He added in the spring, since they will not be paving the construction entrance, it is anticipated that the trucks may become mired down in the mud.  The current application is to open the proposed main access to the new campus which originally was intended to be opened once construction of the campus was completed and improvements such as turning lanes on Route 10 had been completed.  He stated the main access is substantially built at this point, and they could pave it prior to spring.  It has a less steep grade and is wider which would provide better access for the construction trucks.  He added that Doug King of NH DOT has given approval to remove guardrails to open the entrance for use by construction vehicles with conditions such as the use of Jersey barriers and a gated entrance.  

Dick Jones inquired why the Jersey barriers would be needed if there would be guardrails.  Scott Hazelton responded that the guardrails would go in once the Route 10 improvements approved by the Planning Board in the initial application had been completed.  The future turning lanes would widen Route 10 requiring the future guardrails to be farther back from the existing Route 10.  Dan Brand asked when the Route 10 improvements would be built, and if the Town would receive the same plans that will be submitted to NH DOT for approval.  Scott Hazelton responded that they are finishing the geotechnical analysis to incorporate into their submittal to the State for approval.  He added that he would provide copies of the submitted plans to the Town.  Freda Swan stated that the construction vehicles taking the borings have caused disruption of traffic and there should be more safety precautions taken.  She pointed out that a truck in the road today took up half the south bound lane, and at least a truck with hazard lights was warranted as well as notification of the police.  Scott Hazelton responded that the contractors usually notify the police.  Freda Swan pointed out a spelling error on the sign plan submittal.  Jack Elliott asked about the status of the fill for the proposed main access and the drainage controls.  Rod Finley responded that the fill is in place and grassed over and the drainage devices shown on the approved plans have been put into place.  

Freda Swan asked if Crossroads had the money to build the entire campus instead of in stages.  She expressed concern that if the school began using the main entrance for construction; this would cause conflict with the use of the entrance for the school.  Phil Harrison responded that it is still not clear, and they have three options depending on their funding: 1.) build the main multi-purpose building and continue using the existing campus with access by a connector road from the existing entrance; 2.) build two of the buildings and move the modular buildings to the new site and close the existing campus entrance; and 3.) build the entire campus and close the existing campus entrance.  He added that they would have to come back to the Board if they decide on option 2.  He pointed out that if they decide on option 1, the construction will stop for a while until they have the funds to complete the new campus.  He acknowledged that the Planning Board would like to see Route 10 widened, and he added that the school would as well.  He hopes this will be accomplished next spring.

Scott Williams stated a left turn from the north bound lane crossing Route 10 causes problems which only the proposed Route 10 improvements will alleviate.  He suggested that if the main entrance were allowed for construction vehicles, the construction vehicles could be required to only use the south bound lane and access the site during non-peak hours.  He added that people are used to the existing entrances to the Crossroads Academy to accommodate turning traffic.  He felt the arguments have already been made why the proposed access should not be allowed at this time.  He suggested the existing construction entrance be upgraded for continued use.  Scott Hazelton responded that this would require substantial grading, covering a telephone pedestal, and encroaching further into the wetlands.  Phil Harrison added that the Planning Board cannot require improvements to the construction entrance at this point—it has already been approved and is not part of the current application.

Lucy Gibson questioned the volume and timing of construction traffic. She expressed concern that there is increased traffic hazard if the new entrance were opened now in conjunction with the existing entrance without the proposed turning lanes because people will not be able to distinguish which entrance a car is turning into.  Phil Harrison responded that the peak traffic for the construction laborers is before school from 6:30 – 7:00 am, and they leave the site after school closure in the afternoon.  He added the materials deliveries are random.  Lucy Gibson stated the new entrance is “pinned in” by guardrails not allowing room for a car to swerve past another car if there is an unanticipated turn.  Jack Elliott asked if warning signs could not address this.  Lucy Gibson responded the State would require them.  Jack Elliott inquired about the site work schedule for completeness which would determine the construction traffic flow.  Phil Harrison responded that the site design balanced cut and fill materials so only building materials required delivery to the site.

Lucy Gibson expressed concern that if the entrance were opened and even if the southbound lane were required for entrance into the new campus, trucks might turn around on Shoestrap Road or use the River Road heading north.  Dan Brand stated it would be difficult to enforce this requirement anyway.  Dave Swanz inquired about a final, formal approval from NH DOT for the Route 10 improvements.  Scott Hazelton stated it should be approved by late March or early April.  Dan Brand asked if the submission to the State would be the same as the plan approved by the Planning Board, and Scott Hazelton responded that it would, but including changes recommended by Lucy Gibson during the hearings.  Joanne Foulk expressed great concern for safety and had written a letter to NH DOT.  She stated most traffic traveled at 60 miles per hour past the school and the entrance to The Village at 85 Dartmouth College Highway.   She would like to see the passing zone in front of The Village go away, and added that there may be six more families in the area if the school sells the “Klee” building on the existing campus.  She added that The Village folks would like to be part of the planning process, and NH DOT had indicated its willingness to work with the Town and residents.  Dan Brand stated Joanne Foulk’s letter has prompted NH DOT to work with the Town.  Scott Hazelton added that a “no passing zone” is in the proposed plan for the Route 10 improvements.

Freda Swan closed the public hearing to go into deliberations.  She appointed Dan Brand to sit for Jeanie McIntyre who had recused herself from this case at the previous hearings due to a conflict of interest.  Dick Jones stated that he and Dan Brand had visited the site today and spoken with the Trumbull-Nelson foreman about the construction entrance problems.  Dick Jones and Dan Brand stated they felt the construction entrance road crown could be easily graded to address the issues.  Dick Jones stated he did not want to see the new entrance opened until there are turning lanes.  Dan Brand reiterated Lucy Gibson’s comments stating he would not want the new entrance opened at this time.  Jack Elliott inquired if the State would approve a portion of the proposed turn lane now.  Dick Jones and Dan Brand pointed out problems with this due to the distance required for a taper and the need for fill.  Rod Finley responded this would take about three months to obtain approval for it anyway.  Ben Kilham stated they might as well keep using the existing entrance.  Dave Swanz added the Town should ask the State to make it a “no passing zone” in front of the school and The Village.  Dan Brand agreed, saying this is a separate issue from opening the new entrance.  Dick Jones made a motion to deny the application based upon the safety reasons expressed by the Town’s consultants, Lucy Gibson and Scott Williams, as well as personal observations.  Dave Swanz seconded the motion, and unanimous agreement followed.

Item 3: Route 10 “No Passing Zone” Discussion:  Freda Swan appointed a subcommittee to meet with The Village and NH DOT.  She requested that Dick Jones and Dan Brand talk to NH DOT about changing the area in front of The Village and Crossroads Academy into a “no passing zone” for safety reasons.

Item 4: Driveway Drainage Issues on Goose Pond Road:  Elise Garrity had submitted a complaint from herself and from Lois Hutchins to the Planning Board about property at 138 Goose Pond Road which has substantial drainage onto Goose Pond Road which turns to ice in the winter.  Victoria Davis added that the Health Officer, Charles Sawyer and Police Chief, Pauline Field had both visited the site and felt it is a hazard.  Freda Swan reviewed section I. of NH RSA 236-13 which seemed to only include state roads.  Victoria Davis will contact Town Counsel for an understanding of how this RSA applies.  Jack Elliott made a motion that the Planning Board request that Highway Agent Fred Stearns look at the site and make a suggestion to the lot owner to correct the run-off onto the road.  Ben Kilham seconded the motion.  No vote was taken.

Item 5:  Definition of “Lot” in Zoning Ordinance:  The Board determined that Victoria Davis should contact the NH Office of Energy and Planning and the NH Municipal Association to see if other towns have a lot definition similar to Lyme’s.  Jeanie McIntyre expressed concern about accepting Town Counsel opinion that the definition is illegal without consulting the attorneys who assisted the Town in developing the definition in the first place.  Freda Swan stated the mandatory merger of adjoining lots with the same ownership had been in the Subdivision Regulations since her tenure well before 1989.  She thought Larry Gardner had been the Town Counsel at the time.  Victoria Davis asked Freda Swan to talk with Carole Bont about the sequence of this definition adoption since there seemed to be a conflict in their recollections.  Freda Swan suggested that the Board wait until February to meet with Town Counsel and possibly Bernie Waugh who had been on the NH Municipal Association and Carolyn Baldwin, the predecessor of the current Town Counsel to discuss the need for the definition change as well as the effects if it is required.  Carole Bont and the Selectboard should attend such a meeting.

Item 6: Other Business:  Freda Swan stated she would not be available on January 26, 2006 for one of the tentative zoning ordinance hearings.  The Board requested that Chris Covel be asked to attend the December 8th meeting to discuss an aquifer study.  Jeanie McIntyre stated she did not have the community attitude survey ready for review.  Freda Swan asked Victoria Davis to develop a master plan schedule including costs, priorities, and time for completion of each task.

The meeting adjourned at 9:15 pm.  The Hillside and Ridgeline Committee met after this time.

Submitted by,
Victoria Davis
Planning & Zoning Administrator

Tentative Meeting Agenda for December 8, 2005:  
7:30    Chris Covel, Aquifer Study
8:30    Ridgeline/Hillside District Discussion
9:30    Review of remaining zoning amendments from previous discussions including section 4.42.

No Meeting Scheduled for November 24 due to Thanksgiving

Tentative Meeting Agenda for December 8, 2005:  Zoning Ordinance Amendment Review

No Meeting Scheduled for December 22 due to Christmas

Tentative Meeting Agenda for January 12, 2006:  Zoning Ordinance Amendment Hearing
Tentative Meeting Agenda for January 26, 2006:  Zoning Ordinance Amendment Hearing
Tentative Meeting Agenda for February 9, 2006:  LCAB SPR Amendment for parking