Lyme Planning Board Minutes
April 27, 2006
Board Members & Staff: Present: Freda Swan, Chair; Jack Elliott, Vice-Chair; Dick Jones, Selectboard Representative; John Billings, Member; Jeanie McIntyre, Member; Stephanie Clark, Alternate; Dan Brand, Alternate; Ben Kilham, Alternate, and Victoria Davis, Planning & Zoning Administrator Absent: Don Dwight, Alternate
Public: Nancy Fellow, Fred & Catherine King, Scott Hazelton of Pathways Consulting, Nancy Grandine, Simon Carr, Charles Lahr, Beatiz Pastor, Colin Robinson, Tom Trunzo, Dale Gray, Richard Gray, Byron Kidder, Cynthia Bognolo, Don Metz, and Melinda Ashley
Freda Swan called the meeting to order at 7:30 pm in the Town Offices.
Item 1: Public Hearing for Lot Line Adjustment from Frederick and Catherine King; Map 409, Lots 71 and 63; Application #06-04:
Freda Swan explained to the attendees that the Board would first review the application for completeness and then review the application for possible approval.
Scott Hazelton of Pathways Consulting represented the Kings in presenting the application. Fred and Catherine King propose a lot line adjustment to add two acres to their home lot (Map 409, Lot 71, currently 14.9 acres) at 34 Isaac Perkins Road from their other lot (Map 409, Lot 63, currently 14.1 acres) across the road at 25 Isaac Perkins Road. Both lots are located within the Rural District. The Board reviewed the application. Jack Elliott made a motion to deem the application complete subject to a couple changes needed on the map. Victoria Davis stated she and Fred King had found a map in the town files which provided the locations of the two house wells. She faxed copies of these to Pathways so they could add them to the map as required. Dick Jones seconded the motion and
unanimous agreement followed. There was no public comment. Dick Jones made a motion to approve the application with the following conditions: 1.) Show the existing wells on the map; 2.) Amend Note 4 on the map to add “lot 71;” and 3.) include the required annexation language of III. B. of Appendix B. in the Subdivision Regulations. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 2: Approval of Minutes: Dick Jones, Dan Brand, and Jeanie McIntyre suggested minor changes to the minutes of the April 13, 2006 meeting. Jack Elliott made a motion to approve the minutes as amended. Dick Jones seconded the motion, and unanimous agreement followed.
Item 3: Other Business: Freda Swan appointed Dan Brand to sit for Jeanie McIntyre to discuss the Crossroads Academy road improvement issue. Jeanie McIntyre abstained from Crossroads Academy conversations as director of the Upper Valley Land Trust which holds an easement on the property. Dan Brand reported he had talked with Craig Green of NH DOT who agreed there should not be parking along the proposed turning lanes on Route 10. Craig Green welcomes a letter of concern from the Town, but pointed out that any “No Parking” signs along Route 10 would have to be enforced by the Town and not the State. Dan Brand had drafted a letter to NH DOT which was sent out by e-mail to the Selectboard earlier in the day. Dan Brand made a motion to submit the letter to the
Selectboard and the Police Department for consideration and to send it to the State. John Billings seconded the motion, and unanimous agreement followed with Dick Jones abstaining.
Dick Jones provided an update for the Conservation Commission interviews in finding a consultant to do the Natural Resources Inventory. The Commission has recently interviewed Watershed to Wildlife, Inc. from Bethlehem and the New Hampshire Audubon Society. They hope to make a selection at their next Monday meeting.
Freda Swan reported that a new State law requires a town meeting vote to develop a Capital Improvement Plan. She suggested that a group of volunteers gather primary information to begin the process so the plan process could be explained at town meeting. A committee could be appointed after town meeting. Freda Swan and Jack Elliott volunteered to participate in the volunteer group to gather information for the town meeting.
Item 4: Public Hearing for Minor Subdivision from the Estate of Olive Gray; Map 201, Lots 6 & 7; Application #06-05:
Freda Swan explained to the attendees that the Board would first review the application for completeness and then review the application for possible approval.
Byran Kidder, Surveyor submitted the application on behalf of the Olive Gray Estate. It is proposed to subdivide her house lot at 32 Dorchester Road (Map 201 Lot 7, currently 3.2 acres) in the Lyme Common zoning district from her land across the road (Map 201 Lot 134, currently 9.9 acres) in the Lyme Common and Rural zoning districts. The current zoning ordinance defines the two parcels as one lot.
The Board reviewed the application. It was determined that a waiver was required for II. A. as no topographic map was provided. Byron Kidder stated there is no contour change to map. A waiver was required for II. D. 2. as the inset map is not of the required scale, but showed the information adequately. A waiver was required for a survey of lot 134 as the Board had determined this was not necessary for this parcel. It was determined that a waiver was required to show that one of the houses might be within the historical district as potentially required under VI. It was determined that pertinent information shown on Sheet 2 should be transferred to Sheet 1 as this is the sheet which will be recorded: the lot size and density calculation note and the test pits. Byron Kidder
presented a letter from Robert Newton, Septic Designer stating that the test pits indicated that the soils are suitable for septic systems. It was noted that a State driveway permit had been issued for lot 134. John Billings made a motion to grant the waivers discussed. Jack Elliott seconded the motion, and unanimous agreement followed. John Billings made a motion to deem the application complete. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
The driveway location and permit conditions were discussed. The permit requires excavation of a minimum of two feet vertically below the line of sight. The grade shall be a minimum of 1% slope. Dan Brand pointed out that the excavation will improve the safety for turning onto High Street from Dorchester Road. Byron Kidder stated the NH DOT plans to change the “Y” of Dorchester Road and High Street to a “T” intersection at some point though there is no set date. Jeanie McIntyre inquired about the ditch stating it is shallow and causes problems in winter with ice. She assumed it was shallow due to ledge which Byron Kidder confirmed. He said the ditch would not be changed. Colin Robinson stated he is the attorney for the potential purchasers of lot 134. He pointed out that the driveway permit is only good for one year unless it is renewed
or the applicant begins construction of the driveway. He stated it would be prudent of the Board to require the applicant to begin construction of the driveway to insure that there is legal access to the lot. Freda Swan stated the Board does not approve nonbuildable lots; however, the Board determined the permit meets the requirements of the application proving the lot is buildable at time of application. Ben Kilham stated the town’s curb cut permits also expire after a year as many other types of permits expire. He added the Town curb cut applicants can obtain new permits for different curb cuts later as the Board’s subdivision review purpose is to simply show that access is possible. Colin Robinson argued that in this case the State had “relaxed” the 400’ sight
distance requirement because the lot is a “lot of record.” He felt once the permit expired, if no work had been done to start the driveway, it was possible that a new permit would not be issued. Byron Kidder pointed out that Colin Robinson represents a potential buyer and the applicant should not be encumbered by the cost of future development by another party.
Colin Robinson made comment that the Town required a boulder to be moved at the corner of Washburn Hill Road twice, and it had not been moved. Freda Swan asked what relevance this had to the case, and Colin Robinson responded it was in regard to off-site work.
Dick Jones made a motion to approve the application with the following conditions: 1.) Show all the test pits on Sheet 1; 2.) Provide the exemption and lot size calculation note on Sheet 1; 3.) Remove the internal setback lines; and 4.) Septic system construction shall meet State regulations at the time of construction. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Victoria Davis stated the NH State Geologist David Wunsch has requested specifications for a proposal to provide an aquifer study. Freda Swan responded the Board would have to discuss this. It will be put on next meeting’s agenda.
Item 5: Public Hearing for Lot Line Adjustment from the Estate of Olive Gray and Dale & Barbara Gray; Map 201, Lots 6 & 7; Application #06-06:
Byron Kidder, Surveyor presented the application. Dale & Barbara Gray propose to annex 0.84 acre to their home lot at 36 Dorchester Road (Map 201, Lot 6, currently 1.01 acres) from the Olive Gray Estate home lot at 32 Dorchester Road (Map 201 Lot 7, currently 3.2 acres) in the Lyme Common zoning district.
The Board reviewed the application. Jack Elliott made a motion to deem the application complete. Jeanie McIntyre seconded the motion, and unanimous agreement followed. There was no public comment except that Cynthia Bognolo said Dale Gray had promised to be a good neighbor now that they would be abutters. Jack made a motion to approve the application subject to the condition that the deed include the required annexation language of III. B. of Appendix B in the Subdivision Regulations. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Item 6: Community Attitude Survey Review and Update: Jeanie McIntyre presented the community attitude survey which has been revised since the public meeting held for public input. She stated there were several minor “tweakings,” and she reviewed some of the more major changes. At the public meeting, Pete Bleyler had suggested that the town offices and police department be removed from question 5. asking which major capital projects should be
undertaken within the next 10 years. His argument was that these had already been approved at town meeting. Jeanie McIntyre left them in as one of the recent proposals for a new town office did not include a police station. She felt it was still an important question.
It was also discussed that there is not a majority of citizens attending town meeting and the Board might learn from responses to this question in regard to the town offices and police station. On question 6. there was debate about using the term “clustered” as the public might not understand the term. “Clustered in new neighborhoods or villages” is one of the possible responses. A new questions (12.) was added in response to a comment by Karl Furstenberg that recreation might include the arts or singing. Jeanie McIntyre stated she did not feel this belonged in the recreation section, but it did merit a question. Freda Swan suggested changing the map to show the roads as straight lines so it could be more easily understood. Jeanie McIntyre stated she would work
on the map to develop it into the two village areas and up to three other areas for people to show where they live. Jeanie McIntyre stated Don Metz had suggested a question about people’s perception of the permitting process. She said it is a relevant concern which the Board should address, but not within the community attitude survey. She suggested a telephone survey to collect opinions from people who had been through the permitting process within the last two years to determine their experiences in obtaining a permit and working with the Planning Board and the ZBA. She felt a telephone survey could better distinguish between frustration with professional assistance and frustration with the regulations and zoning ordinance. Jeanie McIntyre stated she had added a question to the narrative response section of the survey: What should the Town do to address this challenge? Dick Jones suggested numbering the narrative questions so it did not
look like just one question. Jeanie McIntyre suggested changing question 24. from asking about number of vehicles to ask if people would use public transportation. Stephanie Clark felt this information would be more valuable. Dan Brand responded that his experience is that people will hugely over-commit to public transportation giving a much more positive than realistic response. He suggested the question should be asked in a more subtle manner. Dick Jones suggested the question might ask about carpooling to work or school.
Don Metz expressed appreciation to the Board accepting public input and changing the survey. He also expressed disappointment that they did not use more of his recommended revisions. He still felt putting dollar amounts to expenditures responses would provide more realistic responses. Ben Kilham responded the public has the opportunity to vote on expenditures at town meeting, and the Board is trying to obtain priorities through the survey. Dan Brand added it would make the survey too complicated and difficult to convey the intent of the question. Freda Swan commended Jeanie McIntyre for a job well done. The Board determined Jeanie McIntyre should complete the application and send it out to the public.
The meeting adjourned at 9:30 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for May 11, 2006:
7:30 Discuss “lot” definition with Town Administrative Assistant Carole Bont
8:30 Excavation Regulations amendments
9:00 Subdivision Regulations amendments
9:15 Aquifer Study proposal requirements
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