Lyme Planning Board Minutes
December 8, 2005
Board Members & Staff: Present: Freda Swan, Dave Swanz, Jack Elliott, Dick Jones, Jeanie McIntyre, Don Dwight, Dan Brand, and Victoria Davis Absent: Ben Kilham
Public: Fred King, Nancy Fellows, Morton R. Bailey, Morton F. Bailey, and Dave Roby
Item 1: Approval of Minutes: Several changes were made to the minutes of the November 10, 2005 meeting. Dick Jones made a motion to accept the minutes as amended. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Item 2: Lot Line Adjustment Hearing for Frederic & Catherine King; Application #05-14; Map 409, Lots 63 & 71; 25 & 34 Isaac Perkins Road: Fred King presented their application. The Kings own both lots. The King home is on lot 71; and a rental home is on lot 63. They would like to annex two acres from lot 63 on the southeast side of the road to lot 71. This would prevent development of this area to protect their home view from the northwest side of the road. He stated adding more acreage to lot 71 would allow both lots enough acreage to be subdivided in the future under the current zoning ordinance. However, he stated he has no plans for such a subdivision. He had attended an informal meeting with the Planning Board on September 23, 2004 to discuss a
potential future subdivision. The Board told him then if he were to apply for a minor subdivision and had not subdivided the land in the last 10 years, the conservation districts would not apply as a reduction of lot size.
Jeanie McIntyre questioned where the access for the lots would be. It was pointed out that both lots have homes on them with existing driveways. However, if additional access points were needed for future lots, the Board pointed out that there are wetlands on lot 71 which would restrict any proposed driveway. Victoria Davis stated the conservation district overlay map does not show any hydric soils on either lot to determine wetland locations or areas.
Dave Swanz reviewed the Tracking Sheet for the Application. An issue which hampered review was the conflicting lot boundary information provided on the large drawing of the lots compared to the inset map. The maps seemed to show the property lines in different places. The Board determined they could not make a decision on the application until this was clarified by Pathways Consulting who drew the map. However, the Board did review the remaining items to give the Kings a list of other items which should be addressed. Dick Jones made a motion to deem the application incomplete for the following inadequacies. Jeanie McIntyre seconded the motion, and unanimous agreement followed. The hearing was not continued as it was determined it was unknown when the corrected map would be
available.
1. Show complete boundaries of lots on the large map.
2. Correct property lines on inset and/or large map.
3. Correct list of abutters and include conservation easement holders.
4. Show house and utilities including septic and well of lot 63 on the inset map.
5. Show utilities including septic and well of lot 71 on large map.
6. Remove woods road on lot 63 as this is not a right of way.
7. Correct note 4 to state correct map numbers.
8. Add deed reference.
9. Add note on annexation parcel to clearly show it will be annexed to lot 71.
Item 3: Review of Class VI Road Development for Morton F. Bailey, Map 406, Lot 34; 135 Mud Turtle Pond Road: According to NH RSA 674:41, the Planning Board must review any application to develop a lot on a Class VI road. This review will then be taken to the Selectboard for their public hearing on the matter.
Morty Bailey presented his application to build a house on the lot he wishes to purchase. It is located at the northern end of Mud Turtle Pond Road at the town line with Orford. Orford’s Class V road, Strawberry Hill Road meets Mud Turtle Pond Road at the northeastern corner of the lot. The application states only 25 feet of Mud Turtle Pond Road will be required to access the proposed driveway to the proposed house site on the lot. Morty Bailey stated approving his proposal will not set a precedent to allow development on the remainder of Mud Turtle Pond Road or any other Class VI road in town since this lot is unique in its location. It is at the edge of a Class V road belonging to Orford, and there is another developed lot (Map 406, Lot 35) across the road from this lot which is also
in Lyme. He further stated he would sign and record a document stating he would maintain the section of the Class VI road needed to access his lot, and he would release the Town from any obligation to transport children to school from this property.
Jeanie McIntyre stated she felt the Town should allow a bit more length (50’) of the Class VI road to allow reconfiguration of the driveway access if needed. Dick Jones stated he thought it should be 100’. Jeanie McIntyre made a motion that the Planning Board recommend the Selectboard acceptance of the proposal, but clearly state the reasons why this proposal is unique and should not set a precedent: the owner is willing to sign off on any Town obligation to transport children from the lot; the access is a short distance from a maintained road, and the existing development on a neighboring lot is close to the proposed development on this lot. Dave Swanz seconded the motion, and unanimous agreement followed with Dick Jones abstaining as a selectboard member to hear the case
later.
Item 4: Extend Minor Subdivision Final Map Deadline for Bill Wohlforth; Application #05-13; Map 414, Lot 9: Bill Wohlforth requested an extension of the deadline to submit his final map as he and his family are in England for a few more days. Their proposed driveway access was not approved by Road Agent Fred Stearns or Planning Board representative Ben Kilham due to insufficient sight distance. The Wohlforths would like to view the site before determining their final driveway access choice when they return later this month. Jeanie McIntyre made a motion to extend the deadline of December 12, 2005 by 60 more days. Dave Swanz seconded the motion, and unanimous agreement followed.
Item 5: Other Business: Freda Swan stated the Selectboard cut the proposed master plan budget of $16,500 to $3,000. The original proposal included $10,000 for an aquifer study, $5,000 for mapping, and $1,500 for a community attitude survey. She asked for thoughts on the matter. Jeanie McIntyre stated the aquifer study is needed to inventory the underground water resources to protect them from development. She added there is pressure to extend the Lyme Common District which could impact the aquifer.
Dan Brand stated he has been going back and forth with Dan Karnes to get a map of the ridgelines with the hillsides which could be visible from public roads and waterways. Dick Jones suggested this amendment may need to wait until next year. Jeanie McIntyre suggested it could be discussed at the second public hearing for zoning amendments on January 22nd. Dave Swanz expressed concern that this amendment had been a priority, but now seemed to be less so. Victoria Davis stated it should still be a priority as it is a difficult district to determine using the zoning ordinance as written now. Jeanie McIntyre stated the penalties for violating any requirements in the proposed Ridgeline & Hillside District should be explicit in the ordinance.
Dan Brand pointed out that the Lyme Nursery School was allowing cars to park along Route 10 for special events. Freda Swan stated she had seen them too and asked Victoria Davis to draft a letter reminding the nursery school that they are not to park along the highway.
Item 6: Zoning Ordinance Amendments Discussion: The attached proposed zoning ordinance amendment draft was reviewed and revised as noted on the attachment. The votes for each proposed amendment by corresponding amendment number were:
1. Dick Jones made a motion to send the amendment to public hearing. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
2. The Board determined to delete this proposed amendment as it is such a complicated issue and a special meeting with Town Counsel will be scheduled to discuss this item. There may not be time to include this change in the Town Meeting Warrant.
3. The Board will come back to this amendment.
4. The Board will come back to this amendment.
5. The Board determined to delete this proposed amendment as it seems to have complicated the issue more than resolve it.
6. The Board will come back to this amendment.
7. Dick Jones made a motion to send the amendment to public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
8. Dick Jones made a motion to send the amendment to public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
9. Dick Jones made a motion to send the amendment to public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
10. Jack Elliott made a motion to send the amendment to public hearing. Dick Jones seconded the motion, and unanimous agreement followed.
11. Dick Jones made a motion to send the amendment to public hearing. Dave Swanz seconded the motion, and unanimous agreement followed.
Dave Roby presented a proposed amendment to limit the length of driveways and the grade of driveway switchbacks. As it was late, the Board determined to give this amendment consideration at the next meeting.
Jeanie McIntyre presented an additional amendment to section 5.11 to clearly allow two principal dwellings on one lot if they meet the lot size averaging requirements for two lots. Dick Jones made a motion to add the amendment for review, Dave Swanz seconded the motion, and unanimous agreement followed.
The Board determined to meet again on December 22, 2005 at 7:30 pm to finish the zoning amendments review.
The meeting adjourned at 10:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for December 13, 2005:
Non-public meeting with Town Counsel
Tentative Meeting Agenda for January 12, 2006:
Zoning Ordinance Amendment Hearing
Meeting with Chris Covel to discuss aquifer study
Tentative Meeting Agenda for January 26, 2006:
Zoning Ordinance Amendment Hearing
Tentative Meeting Agenda for February 9, 2006:
LCAB SPR Amendment for parking
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