Lyme Planning Board Minutes
January 12, 2006
Board Members & Staff: Present: Freda Swan, Dave Swanz, Jeanie McIntyre, Jack Elliott, Dick Jones, Dan Brand, Don Dwight, and Victoria Davis Absent: Ben Kilham
Public: Greg Scanlon, Julia Elder, Jim Poage, David Roby, and Allan Newton
Freda Swan called the meeting to order at 7:30 pm at the Lyme Fire Station training room.
Item 1: Approval of Minutes: Dick Jones recommended a change to Item 8 of the December 22, 2005 meeting minutes to include the representatives of the Village at 85 DCH at a meeting with NH DOT. Jeanie McIntyre recommended a change to Item 5 stating she had not given an opinion about a specific scenario of “dwelling unit.” Jack Elliott made a motion to approve the minutes as amended. Don Dwight seconded the motion, and unanimous agreement followed.
Item 2: Public Hearing for Petition to Change Zoning Ordinance: Freda Swan called the public hearing to order at 7:35 pm. Copies of a petition to change the dimensional requirements of the zoning ordinance were provided to the Board and attendees. The petition is to reduce or eliminate dimensional requirements of Table 5.1 of the zoning ordinance. Greg Scanlon and Jim Poage stated they are opposed to the petition. Julia Elder stated she is glad to see democracy in action. Jim Poage added he does not believe the petition is consistent with the master plan and could be challenged in court. He asked if the ZBA could vote to not recommend the petition. Board members stated they did not see why not. Jeanie McIntyre made a motion to close the public hearing.
Dick Jones seconded the motion, and unanimous agreement followed. Dick Jones made a motion that the Board not recommend the petition. Dave Swanz seconded them motion, and unanimous agreement followed.
Item 3: Public Hearing for Zoning Ordinance Amendments: Freda Swan called the public hearing to order at 7:43 pm.
Amendment #1 – Victoria Davis stated she is still opposed to the amended language of the “dwelling unit” definition. Jeanie McIntyre stated the problem is being able to distinguish between a dormitory situation and a home. The definition was amended to define the unit as having “regular” occupancy. The definition of “unit” was amended to be consistent. Victoria Davis pointed out that section 5.21 Height Regulations no longer uses “average” for defining the maximum height. The Board discussed that the purpose is to allow fire protection access by ladder. The section was amended to add a special exception if recommended by the Fire Chief under circumstances where protection could be achieved due to site conditions.
Amendment #2 – The wording of Amendment 2 was revised slightly.
Amendment #3 – There was no public comment or discussion.
Amendment #4 – Jeanie McIntyre expressed concern that the Norwich ordinance which was used as a model had a better description of the district. She stated she is concerned that the current proposal allows agriculture, forestry, and recreation activity without qualifications. She added buildings cannot be hidden once the trees are removed by approved forestry. Jack Elliott responded that he had wrestled with the same issue, but determined the management plan would require new tree plantings to screen a building. Jeanie McIntyre stated she is not comfortable with the proposed language as it is not clear that plantings might be required. After much discussion, the Board determined to break the amendment into two options to be voted as separate amendments at the next hearing.
Jack Elliott described the difference between the map of the Ridgeline & Hillside Conservation District which was presented at the last Board meeting and a new version presented at the hearing. A new hillside area was added along Goose Pond Road due to ridgelines in the Town of Hanover. Also the district edges were “smoothed” over.
Option 1 – Jeanie McIntyre made a motion to accept the new map, and leave the existing language of sections 3.27.6 and 4.66 except to refer to the map as the definition of the district. Dick Jones seconded the motion, and unanimous agreement followed.
Option 2 – Jeanie McIntyre made a motion to revise the language of the proposed amendment and add a new paragraph addressing pre-development site preparation. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendment #5 – 11 – There was slight modification to the language of Amendment 7. There was little conversation about this amendment except to explain it to the public.
Jeanie McIntyre made a motion to close the public hearing at 8:45 pm. Dick Jones seconded the motion and unanimous agreement followed.
The Board reviewed each amendment as follows:
Amendment #1 - Dick Jones made a motion to send the revised amendment to a second public hearing. Jack Elliott seconded the motion, and unanimous agreement followed.
Amendments #2 & 3 - Dick Jones made a motion to send the amendments to town meeting. Dave Swanz seconded the motion, and unanimous agreement followed.
Amendment #4 - Dick Jones made a motion to take the two options as two amendments to public hearing. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Amendments #5-11 - Dick Jones made a motion to send the amendments to town meeting. Dave Swanz seconded the motion, and unanimous agreement followed.
The public hearing was continued to January 26, 2006.
Item 4: Regular Meeting Location: The Selectboard had voted to only allow the ZBA to meet in the library gallery. The Planning Board discussed that they need to be near the town maps and the files during meetings so they do not hold up an applicant due to lack of information readily available. There was a majority consensus. Freda Swan asked Victoria Davis to write a letter to the Selectboard on behalf of the Board that the Board wished to meet in the library gallery.
Item 5: Community Attitude Survey Update: Jeanie McIntyre is close to finishing up the draft survey. She asked the Board if they would like to include all owners including absentee owners and renters, and if they would like to send surveys to each household or to each person. Freda Swan responded it should be to each person. Dick Jones stated the voter checklist is likely to have the people who live here. Jack Elliott stated absentee owners should have a say. Jeanie McIntyre also inquired if the Board felt the extra expense of tracking survey responses to insure a broad response would be worthwhile. The Board members felt the extra effort and expense should be made to get the best response possible. Victoria Davis advised Jeanie McIntyre that Elise
Garrity at the Town offices would know the best sources for names and addresses. Jack Elliott offered his services to do a “merge and purge” of data.
Item 6: Other Business: Victoria Davis inquired if the public could be asked to the aquifer presentation by the NH State Geologist on February 23rd. She stated this would be a good opportunity to start incorporating the public into the master plan process. The Board agreed, and the meeting will be at the fire station. Jack Elliott explained a “blog” and how the Board could use one to elicit comments from the public about the town and its future. Freda Swan, Chair stated the Board needed to select a Temporary Chair while she is away for medical reasons. Dave Swanz, Vice-Chair stated this was his last meeting as he is not going to run again. Dan Brand stated he will not be available for the next two meetings. Jeanie McIntyre stated she feels
there are too many conflicts of interest with the Board and herself as director of a land trust for her to act as chair. Dick Jones made a motion to make Jack Elliott Temporary Chair. Dave Swanz gleefully seconded the motion, and unanimous agreement followed. There was discussion of adopting a policy for the definition of “lot” until it can be changed at town meeting in 2007. Jeanie McIntyre stated she did not want to have the conversation without Freda Swan and a majority of the Board present. Freda Swan said she would know better what her availability is after her surgery.
Dick Jones made a motion to adjourn the meeting. Jeanie McIntyre seconded the motion, and unanimous agreement followed. The meeting adjourned at 9:40 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for January 26, 2006:
Zoning Ordinance Amendment Hearing
Tentative Meeting Agenda for February 9, 2006:
Lyme Center Academy Building SPR Amendment for parking
Informal Meeting with Jimmy Jenks: subdivision of Map 201, Lot 128
Tentative Meeting Agenda for February 23, 2006:
David Wunsch (rhymes with “lunch”), NH State Geologist aquifer presentation
Chris Covel, Covel & Associates, private consultant interested in doing Lyme’s aquifer study
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