Lyme Planning Board Minutes
June 8, 2006
Board Members & Staff: Present: Freda Swan; Jack Elliot;, Jeanie McIntyre; John Billings; Dick Jones, Selectboard Representative; Don Dwight, Alternate; Dan Brand, Alternate; Stephanie Clark, Alternate; and Victoria Davis, Planning & Zoning Administrator Absent: Ben Kilham, Alternate
Public: Pete Mulvihill & Chief Mike Hinsley, Lyme Fire Department; Ben Barrows
Item 1: Dry Hydrant Location Review and Approval: Pete Mulvihill stated he was there to review the hydrants the Fire Department hoped to install during the building season, probably this fall. He explained they were all in wetlands which require a Permit by Notification approval by the NH Department of Environmental Services Wetlands Bureau. During this process, all abutters are notified of the proposed construction and the Conservation Commission is required to review and sign off on the application for Permit by Notification. He and Mike Hinsley explained that the Fire Department obtains easements from property owners to the Town for access to hydrants and fire ponds for use and maintenance. They reiterated past discussions that the hydrants are needed to demonstrate a secondary
water supply to ISO to obtain better insurance rates throughout the town. Also, the trucks hold only about three minutes worth of water and in winter the ice impedes access to additional water. They have a list of five hydrants to install subject to funding: 1.) 84 Dartmouth College Highway, Pond View Apartments: Crossroads Academy will pay for this hydrant as it will be a community benefit and help the school meet its fire protection requirements; 2.) 89 Whipple Hill Road, Fisher property: trying to get funding now from neighborhood beneficiaries; 3.) 57 Pout Pond Lane, Wise property: working on fundraising, easy to construct; have State approval; 4.) 8 Tavern Lane, cul-de-sac: land owner wants his/her pond dredged as part of agreement to allow hydrant construction; working on State permitting; and 5.) Post Pond, boat landing: received State permit for site across from Loch Lyme Lodge, but decided not a good location so have
moved site to boat landing.
Jeanie McIntyre made a motion to approve all but the Tavern Lane site which is not as definite as the others. Dick Jones seconded the motion, and unanimous agreement followed.
Item 2: Crossroads Academy Discussion: While the Fire Chief was available, the Board inquired about the Crossroads Academy site plan approval condition of a fire protection plan. Mike Hinsley responded he does not have a plan from Crossroads Academy; it is the responsibility of the Fire Department to develop a plan. Today, he submitted a letter to the Planning & Zoning Administrator stating the combination of a 10,000 gallon cistern and the dry hydrant on the east side of Route 10 provides adequate water for fire protection for the “immediate Crossroads Academy campus.” Freda Swan read the letter to the Board. Freda Swan pointed out the Town’s regulations require a 14,000 gallon tank. Mike Hinsley responded he felt the proposal exceeds the life safety
codes. Jeanie McIntyre made a motion that the proposed fire safety proposal meets the condition of the site plan review approval conditions. Dick Jones seconded the motion, and unanimous agreement followed.
Scott Williams of CLD Consulting Engineers was present to review the work completed at Crossroads Academy. Jeanie McIntyre recused herself from the discussion. Freda Swan appointed Dan Brand to sit on the Board. Scott Williams stated about 50% of the disturbed area has been stabilized or “somewhat stabilized” for erosion control. This equates to about 90% of the total work cost (not including buildings) being completed. He stated he has visited the site after each major rain storm and found the project to have fared better than most Upper Valley projects. Most of the silt issues involve the small beaver pond intended for storm water treatment. He said the silt did not go into the brook. The Shoestrap Road parking area is currently being used to stockpile
materials such as lighting fixtures. He visited this area about two weeks ago and saw no problem. He plans a site visit next Wednesday and will look at that area again since Shoestrap Road itself has incurred substantial washout.
He suggested the Board might consider reducing the Letter of Credit for $100,000 by 50 – 75% due to the work completed. He stated it is important to retain this warranty of work completion as it is not known what financial circumstances Crossroads Academy will be in. He recalled at one point Crossroads was going to construct all the buildings and the Route 10 improvements all at once, but then determined they did not have the funds. He further stated it should be up to the applicant or its consultant to show how much work has been completed and make a formal request for reduction based upon work completed. Crossroads has indicated they would like a reduction, but they have not made a request specifying how much of a reduction. Board members questioned how they should consider areas to
be disturbed in the future when the remaining two buildings are under construction. Scott Williams responded that although this is a consideration, the areas of biggest concern will not be touched again.
Scott Williams stated he is available for site visits, but the Board should provide a limit as Crossroads Academy is asking when the review period ends. He estimated CLD Engineering had been paid about one-half of the monies allotted for the review placed in escrow with the Town. He suggested that he do a site visit about once a month or after a major storm once the area is completely stabilized. It was also discussed to suspend site visits when Crossroads is between phases of the project.
Jack Elliott made a motion to request Crossroads Academy to present an estimate for cost to stabilize the site including any future construction. John Billings seconded the motion, and unanimous agreement followed. Victoria Davis will write this request, and Freda Swan will review it.
Item 3: Excavation Regulations Review and Amendment Proposal: A draft Excavation Regulations was presented to the Board for review to consider amendment. The presented draft had been substantially altered to include State laws regarding excavation, and Dick Jones made further changes to make the format consistent with other regulations. A few additional changes were made by the Board. John Billings made a motion to take the proposed amendments to public hearing. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Item 4: Preparation of Minutes: At a previous meeting, the Board had decided to try sending proposed minute changes to an assigned Board member to compile all changes for a vote. Jack Elliott stated he had three sets of minutes to change, and he felt the procedure was too cumbersome. Jeanie McIntyre stated it took her less than 10 minutes to make changes to a set of minutes she had. The Board will continue to evaluate this method. The Board had also discussed changing the minutes to reflect comments as “third person” rather than attributing particular Board member/alternate names to their comments. Victoria Davis distributed a letter from Town Counsel Laura Spector of Mitchell and Bates explaining why she felt this would be a mistake and detailed minutes were
important to a quasi-judicial Board due to possible law suits. It appeared there was a general consensus to adhere to Town Counsel advice. No vote was taken.
The meeting adjourned at 9:30 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
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