Lyme Planning Board Minutes
February 22, 2006
Board Members & Staff: Present: Freda Swan, Don Dwight, Jeanie McIntyre, Dan Brand, and Victoria Davis Absent: Jack Elliott, Ben Kilham
Public: Stephanie Clark, Jimmy & Patty Jenks, Katie Jenks
Freda Swan called the meeting order at 7:00 pm in her home at 133 Breck Hill Road. She appointed Dan Brand to sit for Jack Elliott.
Item 1: Informal Discussion with the Jenks family for Minor Subdivision of Map 201, Lot 128: Jimmy Jenks presented the proposal to subdivide the 4.9 acre lot into two lots. Katie Jenks currently owns the property with an existing home. The family would like to subdivide the lot and provide a second home. Jimmy Jenks stated when he purchased the property, he had thought it was entirely within the Lyme Common District. However, the Rural District begins 200’ from High Street, and the lot is bisected by the two zoning district. He added they would like to access the second lot over an existing road at the south side of the lot. He stated that although the neighboring lot has a lot of standing water along Rocky Hill Lane, the drainage area through the Jenks lot is
seasonal. In 1989, a drainage way was approved by the State to run the length of the lot. Jeanie McIntyre stated she recalled the Jenkses coming to the Board several years ago, and that there were no issues. However, she did believe there are hydric soils on the property though any wetlands may be small and not within the jurisdiction of the zoning ordinance. Victoria Davis recommended that the Board request the Conservation Commission to visit the site to see if further wetlands determination is needed.
Lot size averaging was discussed to determine if two lots could be delineated to meet the zoning ordinance. Jeanie McIntyre suggested that a three acre lot with 300’ of frontage including the existing house may be able to be shown depending upon the wetlands determination for the Rural District (even though the house is located in the Lyme Common District). A one acre lot with 100’ of frontage would then be allowed in the Lyme Common District. The Board felt this met the lot size averaging requirement if no Town regulated wetlands (2,500 square feet or greater) are present on the property. A survey will not be required to show the lot size averaging subdivision as the Board felt it is clear on the tax map. A survey will be required for the final subdivision.
The Board felt the access road would require a driveway permit from the State to access a new home. Jimmy Jenks will inquire about the driveway permit. It might also require a wetlands permit if none were issued in the past. Victoria Davis will contact the State to inquire. Jimmy Jenks stated the only improvement they would make to the access way is to put down hard pack. The Board determined that a septic system design is required instead of just test pits because this will be required by the State since the lots will be under five acres.
Victoria Davis reported that although the lot is shown in the Agricultural Soils Conservation District, the portion within the Lyme Common District is excluded per the zoning ordinance and most of the lot was part of a gravel pit excavation in the past. Based upon past ZBA decisions, she stated none of the lot should be considered within this conservation district.
The Board determined that if either of the lots could possibly be subdivided again under the current zoning ordinance, they would require a zoning easement to prevent further subdivision.
Item 2: Discussion to Require Survey for Lot Line Adjustment for Surveyed Lots: Victoria Davis presented a tax map showing the Lyme Congregational Church lot (Map 201, Lot 54 and Map 403, Lot 2). The “wood lot” on the east side of Route 10 is considered part and parcel with the church land on the west side of the road according the current zoning definition of “lot.” Paul and Veronica Guyre own Map 403, Lot 1 abutting the church’s “wood lot,” and they would like to purchase the “wood lot.” Victoria Davis inquired if the Board would require the lots to be surveyed for a lot line adjustment since they have both already been surveyed and the plats are recorded. She had discussed this with Town Counsel Walter Mitchell who
suggested no further survey is needed, and the deeds could simply refer to the existing surveys.
Jeanie McIntyre disagreed stating she is familiar with lots which have been surveyed more than once and the surveys vary. She felt that the lots were surveyed by different surveyors and in different years increasing the likelihood of variation between the two surveys. The Board determined the “wood lot” could easily be surveyed by Harry Burgess who had surveyed the Guyre lot since it involves just two straight lines and two roads. The surveyor of the church lot was Roger Thrall who is no longer in business.
Item 3: Community Attitude Survey Update: Jeanie McIntyre reported that Elise Garrity is working on the mailing list. She asked the Board if college students should be included in the survey, and the consensus was that they should not be. She asked if all trustees of trusts should be included. Stephanie Clark suggested sending an informal letter asking if they would like to participate in the survey so time would not be wasted following up on surveys that would never be submitted. After some discussion, the Board determined that only one survey per property for out-of-town ownership should be sent. Freda Swan stated she did not think transients should receive surveys. She added that she would not be comfortable completing a similar survey in Jackson where she owns
property. Victoria Davis pointed out that the Board had already decided to include out-of-town property owners. Jeanie McIntyre suggested printing some surveys on colored paper to send to out-of-town property owners so they could distinguish them from in-town property owner respondents. The Board thought this was a very good idea. Jeanie McIntyre asked if businesses should receive a survey, and the Board determined they should not.
Item 4: Appointments to Boards: Jeanie McIntyre made a motion to reappoint Jim Poage to the ZBA as a member for a three year term beginning in March. Don Dwight seconded the motion, and unanimous agreement followed. Dan Brand suggested asking Karen Sanders if she would like to be a ZBA Alternate since there is a vacancy. The Board determined to wait until March to appoint Don Dwight as a Planning Board alternate since he was appointed as a full member to replace Dave Swanz until town meeting.
The meeting adjourned at 8:30 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
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