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Planning Board Minutes 2006/05/25
Lyme Planning Board
May 25, 2006

Present: Freda Swan, Dick Jones, Jack Elliott, Stephanie Clark, Dan Brand, John Billings, Jeanie McIntyre, Phil Harrison, Rod Finley, Joanne Foulk.

Meeting called to order at 7:30 pm.

Crossroads Academy Site Plan Modification.
Dan Brand was appointed to serve for Jeanie McIntyre who recused herself as her employer holds a conservation easement on the Crossroads Academy property.

Phil Harrison explained that Crossroads Academy would like to modify the approved site plan. Instead of piping water from an existing pond on the east side of Route 10 (Pond View pond owned by Purcell), Crossroads proposes to install two 10,000 gallon underground cisterns on their site and construct a dry hydrant adjacent to the pond. The cisterns will provide fire suppression for the Crossroads buildings. One will be installed to charge the sprinkler system for the multi-purpose building presently under construction. The second cistern will be installed to serve the sprinkler system when the middle school building is built. The planned elementary school building will not require a sprinkler system. The dry hydrant would serve fire fighting needs in the area if necessary. Crossroads is requesting the modification because their engineers have determined that piping water under Route 10 from the pond would require drilling through over 300 feet of ledge and there were concerns about fluctuating water levels in the pond. Phil said the Fire Chief has reviewed and approved the new proposal and the Purcells have granted an easement to the Town for construction and maintenance of the hydrant. The Planning Board noted that the subdivision regulations require that cisterns be a minimum of 14,000 gallons and questioned whether smaller cisterns were proposed in this case because the hydrant serves as a secondary source.

Dick Jones moved that the Planning Board grant conditional approval of the modification subject to a Fire Protection and Response Plan approved in writing by the Fire Chief who should specifically verify that the size of the tanks is sufficient and that the hydrant may be located on the east side of Route 10. Jack Elliott seconded and the Board voted unanimously in favor.

Phil Harrison said that Crossroads would also like to open its new access road and close the existing driveway. The State of NH had required that left turn lanes be constructed before the access is opened, but they will waive the requirement if Crossroads posts a 10-year bond for 110% of the current estimated cost of $350,000 so the State can build the turning lanes if the Academy fails to pay for the turning lanes by 2016. Phil said that Crossroads is concerned about the safety of the existing drive and feels the new road would provide more space for cars to “stack up” so drivers aren’t waiting out on Route 10. Crossroads intends to construct the turning lanes but does not have the funds at this time. The Planning Board felt that the location of the new access is substantially less safe than the existing drive because of the guardrails and narrow shoulders. There is very little space to squeeze by a turning car resulting in a very dangerous situation. Board members felt the turning lanes should be installed before the access is opened. Phil said Crossroads would withdraw their request.

Joanne Foulk observed that Crossroads, the Town and the Village at Dartmouth College Highway could cooperate in urging the State to install a blinking light(s). There was a consensus that the Planning Board should support this effort.

Phil Harrison asked what would be required for the Board to reduce or eliminate the letter of credit required under the approved site plan. Freda Swan said that the Board ask Town’s engineer to determine whether the conditions have been met and would reduce the letter of credit accordingly.

Dan Brand asked about the status of communication from the Town to the State concerning “no parking” signs on Route 10 near the Crossroads access. Dick Jones said that there are some legal issues with enforcement that need to be resolved before the Town sends the letter. The matter is pending with the Selectboard.

Put Blodgett, Pout Pond Road
Dan Brand continued to serve for Jeanie McIntyre who was recused because the applicant is working with her to conserve his property. Dick Jones was recused as he is an abutter.

Put Blodgett explained that he and several of his neighbors intend to conserve their properties. He is trying to determine the development potential of his property in order to anticipate the federal income tax consequences of conserving it. He provided a copy of the Planning Board minutes and subdivision approval from 1987, when Gerald Movelle divided a larger property into nine lots. Put now owns parts of Lot 8 and Lot 9. The Board noted that even though the subdivision approval says that Lots 8 and Lot 9 could each be subdivided no more than three more times, those additional lots were not actually created by the approval. The subdivision predated the Town’s adoption of zoning regulations which require minimum road frontage. Put’s property does not have sufficient road frontage to create any new lots. Put acquired part of Lot 9 through an annexation, so it is not a freestanding lot.

The Board determined that the subdivision of a “freebie lot” requires minimum road frontage and lot size, but not the conservation district overlays. The zoning provisions addressing pre-zoning conservation easements are not relevant to the Blodgett situation. The consensus of the Board was that Put has one lot which could only be further subdivided to create a conservation lot. The Board noted that Put could appeal this decision to the Zoning Board of Adjustment.

Other Business
Dick Jones reported that a contract has been signed with Watershed to Wildlife, Inc. for the Natural Resources Inventory.

Jeanie McIntyre has spoken with David Wunsch, NH State Geologist about the hydrogeology/acquifer study. He will determine whether the Lyme village area is on one quadrangle and will prepare a proposal that includes the timeline for accessing matching funds.

Stephanie Clark has been reviewing case law on lot mergers and will report at a future meeting.

Jeanie McIntyre reviewed materials needed for the distribution of the Community Attitude Survey. Jack Elliott will discuss with Town staff.

Meeting adjourned at 10:10 pm.

Respectfully submitted,
Jeanie McIntyre












Lyme Planning Board
May 25, 2006

Present: Freda Swan, Dick Jones, Jack Elliott, Stephanie Clark, Dan Brand, John Billings, Jeanie McIntyre, Phil Harrison, Rod Finley, Joanne Foulk.

Meeting called to order at 7:30 pm.

Crossroads Academy Site Plan Modification.
Dan Brand was appointed to serve for Jeanie McIntyre who recused herself as her employer holds a conservation easement on the Crossroads Academy property.

Phil Harrison explained that Crossroads Academy would like to modify the approved site plan. Instead of piping water from an existing pond on the east side of Route 10 (Pond View pond owned by Purcell), Crossroads proposes to install two 10,000 gallon underground cisterns on their site and construct a dry hydrant adjacent to the pond. The cisterns will provide fire suppression for the Crossroads buildings. One will be installed to charge the sprinkler system for the multi-purpose building presently under construction. The second cistern will be installed to serve the sprinkler system when the middle school building is built. The planned elementary school building will not require a sprinkler system. The dry hydrant would serve fire fighting needs in the area if necessary. Crossroads is requesting the modification because their engineers have determined that piping water under Route 10 from the pond would require drilling through over 300 feet of ledge and there were concerns about fluctuating water levels in the pond. Phil said the Fire Chief has reviewed and approved the new proposal and the Purcells have granted an easement to the Town for construction and maintenance of the hydrant. The Planning Board noted that the subdivision regulations require that cisterns be a minimum of 14,000 gallons and questioned whether smaller cisterns were proposed in this case because the hydrant serves as a secondary source.

Dick Jones moved that the Planning Board grant conditional approval of the modification subject to a Fire Protection and Response Plan approved in writing by the Fire Chief who should specifically verify that the size of the tanks is sufficient and that the hydrant may be located on the east side of Route 10. Jack Elliott seconded and the Board voted unanimously in favor.

Phil Harrison said that Crossroads would also like to open its new access road and close the existing driveway. The State of NH had required that left turn lanes be constructed before the access is opened, but they will waive the requirement if Crossroads posts a 10-year bond for 110% of the current estimated cost of $350,000 so the State can build the turning lanes if the Academy fails to pay for the turning lanes by 2016. Phil said that Crossroads is concerned about the safety of the existing drive and feels the new road would provide more space for cars to “stack up” so drivers aren’t waiting out on Route 10. Crossroads intends to construct the turning lanes but does not have the funds at this time. The Planning Board felt that the location of the new access is substantially less safe than the existing drive because of the guardrails and narrow shoulders. There is very little space to squeeze by a turning car resulting in a very dangerous situation. Board members felt the turning lanes should be installed before the access is opened. Phil said Crossroads would withdraw their request.

Joanne Foulk observed that Crossroads, the Town and the Village at Dartmouth College Highway could cooperate in urging the State to install a blinking light(s). There was a consensus that the Planning Board should support this effort.

Phil Harrison asked what would be required for the Board to reduce or eliminate the letter of credit required under the approved site plan. Freda Swan said that the Board ask Town’s engineer to determine whether the conditions have been met and would reduce the letter of credit accordingly.

Dan Brand asked about the status of communication from the Town to the State concerning “no parking” signs on Route 10 near the Crossroads access. Dick Jones said that there are some legal issues with enforcement that need to be resolved before the Town sends the letter. The matter is pending with the Selectboard.

Put Blodgett, Pout Pond Road
Dan Brand continued to serve for Jeanie McIntyre who was recused because the applicant is working with her to conserve his property. Dick Jones was recused as he is an abutter.

Put Blodgett explained that he and several of his neighbors intend to conserve their properties. He is trying to determine the development potential of his property in order to anticipate the federal income tax consequences of conserving it. He provided a copy of the Planning Board minutes and subdivision approval from 1987, when Gerald Movelle divided a larger property into nine lots. Put now owns parts of Lot 8 and Lot 9. The Board noted that even though the subdivision approval says that Lots 8 and Lot 9 could each be subdivided no more than three more times, those additional lots were not actually created by the approval. The subdivision predated the Town’s adoption of zoning regulations which require minimum road frontage. Put’s property does not have sufficient road frontage to create any new lots. Put acquired part of Lot 9 through an annexation, so it is not a freestanding lot.

The Board determined that the subdivision of a “freebie lot” requires minimum road frontage and lot size, but not the conservation district overlays. The zoning provisions addressing pre-zoning conservation easements are not relevant to the Blodgett situation. The consensus of the Board was that Put has one lot which could only be further subdivided to create a conservation lot. The Board noted that Put could appeal this decision to the Zoning Board of Adjustment.

Other Business
Dick Jones reported that a contract has been signed with Watershed to Wildlife, Inc. for the Natural Resources Inventory.

Jeanie McIntyre has spoken with David Wunsch, NH State Geologist about the hydrogeology/acquifer study. He will determine whether the Lyme village area is on one quadrangle and will prepare a proposal that includes the timeline for accessing matching funds.

Stephanie Clark has been reviewing case law on lot mergers and will report at a future meeting.

Jeanie McIntyre reviewed materials needed for the distribution of the Community Attitude Survey. Jack Elliott will discuss with Town staff.

Meeting adjourned at 10:10 pm.

Respectfully submitted,
Jeanie McIntyre