Lyme Planning Board Minutes
December 22, 2005
Board Members & Staff: Present: Freda Swan, Jeanie McIntyre, Jack Elliott, Dick Jones, Don Dwight, Ben Kilham, Dan Brand, and Victoria Davis Absent: Dave Swanz
Public: Dave Roby
Freda Swan opened the meeting at 7:30 pm. She appointed Dan Brand to sit for Dave Swanz.
Item 1: Approval of Minutes: Dan Brand stated he recalled the Board had required Fred & Catherine King to show the complete boundaries of both lots on the large map. Jeanie McIntyre agreed. He also requested that the word “minor” be struck in reference to his many recommended changes to the November 10th meeting minutes. He pointed out that he was not qualified to have seconded a motion at the December 8th meeting, and “Dave Swanz” was determined to have seconded the motion. Dick Jones made a motion to approve the minutes as amended. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Jeanie McIntyre made a motion to amend the Notice of Decision of the incomplete application of Fred & Catherine King adding the requirement that they show the entirety of the two lots on the large map. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Newton/Paolino LLA Mylar Submittal Date Extension Request; Application #05-03; Map 407, Lots 139 & 140: Victoria Davis reported that she had asked Allan Newton why he had never submitted the mylar for the Planning Board approved lot line adjustment. Allan Newton stated he had thought the surveyor was going to submit the mylar. The date required for the mylar was in mid-July, 60 days after approval of the application on May 12, 2005. Allan Newton requested that the Planning Board consider giving him an extension, which would have to be an “after-the-fact” extension since the due date has passed. The Board determined they needed Town Counsel advice to determine if they can grant such an extension and if the Board would open itself up to any liability by doing
so. Victoria Davis will contact Jae Whitelaw for advice on granting an extension or requiring a new hearing.
Item 3: Delegate Partial Duties of RSA 236:13 Authority to Selectboard: Dick Jones stated the Planning Board has authority to require owner correction of driveway drainage problems which affect public roads. However, at a previous meeting the Board indicated it did not want this responsibility. Dick Jones requested that the Board delegate this authority to the Selectboard so existing driveways concerns could be addressed. Dan Brand made a motion to give this authority to the Selectboard. Jeanie McIntyre seconded the motion, Dick Jones abstained, and the remainder agreed.
Item 4: Ridgeline and Hillside Conservation District Discussion: Dan Brand presented several maps illustrating options for delineating the district. Dan Karnes (former Planning Board Alternate) has generously given his time to produce the following maps. Two maps were made to illustrate the current district definition: 1.) Possible interpretation of existing definition showing any point visible and one-half mile or more distant from another point on a Lyme public road or water. 2.) The same as previous map, but excluding areas located within one-half mile of a public road or water. Three additional maps were generated to illustrate options the District Subcommittee proposed. Each of these maps delineates the lengths of ridgelines. 1.) Areas
located within 1,000 feet of ridgelines, plus adjacent areas with slopes of 20% or more, which are visible from Lyme public roads and waters and are more than 300 feet from Lyme public roads. 2.) Areas located within 1,000 feet of ridgelines, plus adjacent areas with slopes of 25% or more, which are visible from Lyme public roads and waters and are more than 300 feet from Lyme public roads. 3.) Shows visible hillsides within 1,000’ of ridgelines.
Dave Roby stated he does not agree with the maps depicting the current definition. The map which seems to coincide with his interpretation of the definition depicts most of the town in the district. Dave Roby feels you have to drive around town and determine the district on a case by case basis. Dan Brand pointed out that the maps assume there are no trees since they can be cut once a structure is built. Jeanie McIntyre stated we need something quantifiable instead of sending someone out in a car. She also stated it is often difficult to determine the location of the site from various angles. Don Dwight stated lots are taxed for potential views if the trees are cut. Jeanie McIntyre responded that it is possible to obtain a view while maintaining a visual screen to the structure.
Dan Brand asked for input on the maps. Jeanie McIntyre stated she liked the hillsides extended to include the steep slopes to manage for erosion. Dick Jones felt it should be the 20% slopes instead of the 25% slopes since zoning defines steep slopes as 20% or greater. Ben Kilham questioned how a project could be prevented where the owner builds a house and then cuts down all the trees around it. He also commented that a property owner could log his/her property and then request a building permit. He expressed the possibility of restricting development for a period after logging. Dave Roby pointed out that someone could build a house on a “shelf” which would eliminate it from the steep slopes definition. The Board made a tentative vote to opt for the map showing the
hillside district as 1,000 feet from ridgelines as well as slopes of 20% or greater. Jeanie McIntyre further stated she agrees with the concept of the proposed District language, but feels it needs to be wordsmithed and needs an explicit reference to penalties for not following any approved landscaping/management plans. Ben Kilham agreed that the section lends itself to “cheating.” Dave Roby felt the power to enforce these plans is already written into the zoning ordinance.
Item 5: Zoning Amendment Proposal Review: Victoria Davis submitted another draft of the proposed amendments for review. This draft is attached. Jeanie McIntyre recommended changing the “dwelling unit” definition in Amendment #1 to read, “A room or rooms arranged as separate independent housekeeping unit established for owner or guest occupancy or rental which may containing cooking, living, sleeping, and/or sanitary facilities.” Victoria Davis questioned if this could then be interpreted to mean a bedroom and bath over a garage represent a dwelling unit. Jeanie McIntyre responded that common sense should be used. Dick Jones made a motion to send the revised amendment to public hearing. Dan
Brand seconded the motion, and unanimous agreement followed. Dick Jones made a motion to send Amendment #2 to public hearing, Jack Elliott seconded the motion, and unanimous agreement followed. Dick Jones made a motion to send Amendment #3 to public hearing, but excluding the words “isolated” and “bounded by land of other than owner.” Jeanie McIntyre seconded the motion, and unanimous agreement followed. Jack made a motion to send Amendment #4 to public hearing. Jeanie McIntyre seconded the motion, and unanimous agreement followed. Jack Elliott made a motion to send Amendment #8 to public hearing after changing “principal” to “residential.” Dan Brand seconded the motion, and unanimous agreement followed.
The Board discussed Dave Roby’s proposed amendment to limit driveway length and grade of switchbacks in section 4.53. Dick Jones stated he does not want to restrict driveway length as it is unfair to large lot owners and the best building site may be in the interior or back of the lot. Freda Swan stated the Board has considered this amendment in the past as it would be good to cluster development closer to the road. Ben Kilham stated placing only one house in the midst of undeveloped land can have a large impact on wildlife. Dave Roby pointed out there are safety concerns for emergency vehicles on long driveways. Jack Elliott stated there is already a requirement for turnoff lanes every 1,000’. Ben Kilham stated the driveway may not be kept in good repair if the owner has a
4-wheel drive, though the emergency vehicles will have a difficult time navigating the driveway. He added he would prefer to see the depth of land penetrated by a driveway restricted rather than the length of the driveway. There are some cases where the driveway may have to run parallel to the road due to topography. Jeanie McIntyre agreed stating driveways could be limited to penetrate up to 1,000’ from the road, and the ZBA could review proposals for deeper penetration if it was determined the best building site were further into the lot for some reason. Dick Jones stated he would prefer to see proposed drives over 1,000’ from a Class V or better road to be reviewed as a special exception rather than a variance. Ben Kilham stated the NH Fish & Game Department has developed maps prioritizing wildlife habitat values, the highest priority habitats in Lyme being the eastern portion of the town. He suggested this could indicate
deeper penetration might be allowed in the western part of town. He asked that language from the NH Fish & Games maps be incorporated into the amendment to explain the need for driveway restriction to protect wildlife.
Dave Roby asked if the Board would consider the second part of his proposal to restrict the grade of switchbacks. Dick Jones stated he did not want to add more restrictions to switchbacks until a Town court case is resolved. Dave Roby stated this would not affect that case. Jeanie McIntyre agreed the grade limit for switchbacks should not be same as for the remainder of the driveway. Ben Kilham asked that the two driveway proposals be separated into two amendments. Dave Roby pointed out that section 4.62 B.1. should also be amended as it relates to the switchback amendment as follows, “Access ways with a maximum grade of 14% which meet the conditions of Section 4.53 A.2) and 3).”
Jack Elliott made a motion to send the amendment of the 1,000’ limit for driveway penetration as well as the amendment to limit switchback grade to public hearing. Dan Brand seconded the motion, Dick Jones voted against the motion, and the remainder voted for the motion.
Item 6: Community Attitude Survey: Jeanie McIntyre presented the draft community attitude survey developed by a Subcommittee of Don Dwight, Dan Brand, and Jeanie McIntyre. She explained that it might be a little more complicated to fill out than the last survey, but it is more comprehensive to determine if any segment of the population is not represented. She requested that Board members review the survey for any problems and complete the survey themselves to see how it might work. Comments are to be e-mailed to Jeanie McIntyre. She added she would like to know exactly how the last survey was completed since it had such a good response rate. Freda Swan will work with Jeanie McIntyre on the survey procedure.
Item 7: Petition to Amend the Zoning Ordinace: Victoria Davis presented a petition to relax the dimensional requirements of Table 5.1. The Board determined they will review this during public hearing on January 12, 2006, the evening of the first zoning amendment hearing.
Item 8: Other Business: Dick Jones and Dan Brand reported they had a meeting with NH DOT, representatives of the Village at 85 Dartmouth College Highway, and Crossroads Academy representatives to discuss access to the future school. Victoria Davis reported that there is a list of 11 hydrogeologists to send requests for proposal for the aquifer study. Jeanie McIntyre stated she felt the definition of “lot” should be taken up after the zoning amendments are complete. Freda Swan requested that Board members think about how they might spend the $15,000 tentatively budgeted for planning in 2006.
The meeting adjourned at 10:00 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for January 12, 2006:
Petition to Amend Zoning Ordinance Hearing
Zoning Ordinance Amendment Hearing
Tentative Meeting Agenda for January 26, 2006:
Zoning Ordinance Amendment Hearing
Meeting with Chris Covel to discuss aquifer study
Tentative Meeting Agenda for February 9, 2006:
Lyme Center Academy Building SPR Amendment for parking
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