Lyme Planning Board Minutes
August 24, 2006
Board Members & Staff: Present: Freda Swan, Chair; Jack Elliott, Vice-Chair; Dick Jones, Selectboard Representative; John Billings, Member; Dan Brand, Interim Member; Stepanie Clark, Alternate; Simon Carr, Alternate; and Victoria Davis, Planning & Zoning Administrator
Absent: Ben Kilham, Alternate and Don Dwight, Alternate
Public: Peter & Sherlie Dayton; Delores & Richard Drew; and Richard Mann
Item 1: Approval of Minutes: Dick Jones made a motion to approve the August 10, 2006 meetings minutes with minor changes. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Informal Meeting with Peter & Sherlie Dayton: Subdivision possibilities for Map 410, Lots 80, 68, & 64 – The Daytons stated they would like to consider subdividing lot 80 into two lots. This would be a minor subdivision of a lot of record so the conservation district reductions and the depth to width rule would not apply. The lot is 100% agricultural soils with some overlying steep slopes according to the town’s conservation district map. However, the house was moved to the lot prior to zoning so a “building zone” of 200’ around the primary structure is exempt from the Agricultural Soils District. The Board felt this subdivision is feasible. Freda Swan pointed out if the Daytons wished to place a house on the agricultural soils,
they would need a special exception from the ZBA and only 25% of the agricultural soils can be developed with the remaining 75% to be put under an easement. There was some discussion that the existing house and the proposed house should be constructed within a 25% contiguous area of the Agricultural Soils District, but since the existing house is located in a “building zone,” this does not apply in this case.
Item 3: Informal Meeting with Delores & Richard Drew: Merger of Map 405, Lots 31 (including lot 14) & 32 – The Drews stated they had spoken to the Town’s Tax Assessor who suggested the tax assessment would be reduced if they merged these lots. However, the Board pointed out since there is a home on each of the lots, they cannot be merged. The Board offered suggestions of how this could be done such as removing one of the homes, but the Drews wished to retain both houses—one to live in and the other for rental income. The 14 acres on the east side of River Road (lot 14) is very wet and not buildable according to Richard Drew. He also pointed out there may be a problem selling lot 32 as it is so small and if anyone wanted to increase the size of the septic system
for more bedrooms, they may not be able to. A variance would be required from the ZBA to merge the two lots.
Item 4: Informal Meeting with Richard Mann (Lisa Cohen, Owner): Lot Size Averaging to Build Second Home on Map 410, Lot 33.1 – Richard Mann stated he and his wife, Lisa Cohen, would like to have two houses on their lot including the existing farmhouse. They do not want to subdivide, and they want to retain the existing farmhouse as it is without adding on to it. Richard Mann stated he does not want to conform to the “accessory structure” section of the zoning ordinance which would allow a second house of up to 750 square feet. He felt he could add a second house (greater than 750 square feet) as provided in the zoning ordinance in section 5.11 D. 7. This section allows that if the applicant can prove the lot could be subdivided into two lots, two houses could be
placed on one lot. According to this section, an easement may be required by the Board. The Board felt this was needed in this case so the applicant or future owners could not use the dimensions required for the construction of the second house in any calculations for future subdivision. Richard Mann intends to place the south portion of the lot into conservation easement and possibly the north portion as well. However, he would like to put the easement on the land after he has built the second house so he can claim a greater value and therefore obtain a greater tax deduction for the easement. However, the Board felt an easement should be in place prior to approval of the lot size averaging subdivision or permit issuance for the second house. It was determined by the Board that only a parcel of five acres in “lot size” needed to be placed in easement for the second house to meet the requirements of the zoning ordinance.
This parcel should have at least 300’ of frontage on the Class V portion of Claflin Lane. The parcel would have to be surveyed prior to placing the easement so it could be described by metes and bounds in the easement document.
The Board felt the second house and its utilities should be located within the “building zone” of the old farmhouse so it would not encroach into the Agricultural Soils District. The zoning ordinance provides that you cannot build on agricultural soils unless there is no where else to build. This lot has areas which are not in any conservation districts. Richard Mann felt this may work for him as he had planned to build the new house very close to the farmhouse. However, he was concerned that the second septic system, garage, or swimming pool might be outside this area. Victoria Davis pointed out that a special exception could be granted under section 8.24 of the zoning ordinance since the farmhouse is pre-zoning. The Board also pointed out that he could try to prove the
soils are not agricultural since the town’s map is subject to challenge. It was also noted that agricultural buildings such as barns are permitted in the Agricultural Soils District.
Richard Mann asked if he could transfer the five-acre “lot size” parcel in the future to another easement holder. Dick Jones responded that this could only be done by a town meeting vote as the easement (even a zoning easement rather than a conservation easement) is an interest in property for the Town. Freda Swan added that his proposed conservation easement to another entity could be placed over the parcel eased to the Town.
Item 5: Crossroads Academy Site Visit Summary for Letter of Credit Reduction Request -
Dan Brand, Dick Jones, and Don Dwight accompanied Scott Williams of CLD Consulting on a site visit to determine whether the Planning Board should lower or eliminate the letter of credit requirement. Scott Williams will make a report to the Board on his findings from a professional engineer`s view, but the feeling seemed to be that the site was very well stabilized in most cases, with only a small portion of the site recently seeded and needing additional time to grow the necessary cover to complete stabilizing the site. Phil Harrison said it would be four to five years before work started on the lower and middle school buildings and the Route 10 improvements. Therefore, the Board could consider eliminating or dramatically reducing the letter of credit requirement now, with total elimination in the spring when
the site was completely stabilized (after a further inspection). Then, the Board could require another letter of credit or other security as a condition of the building permits in four to five years.
Item 6: Steep Slopes Review for Tim Dickey & Lynne Newton, Map 407, Lot 136 – The Board reviewed the plans for a driveway to cross the Steep Slopes Conservation District as required by section 4.62 of the zoning ordinance. The owners are currently preparing a zoning appeal application. The Board expressed concern for emergency vehicle access up such a steep, curvy driveway. The Fire Chief should be consulted for a determination of adequate access. They also questioned if the curves should be considered “switchbacks” which are required to be a slope no greater than 5%. The Board also emphasized the need to ensure proper erosion control methods during and after construction as required by section 4.53. Victoria Davis will draft a letter to the ZBA and
e-mail it to Freda Swan for her review.
Item 7: Other Business - The Board discussed how they could complete the inputting of the community attitude survey. Jack Elliott and John Billings said their wives would be willing to help. Victoria Davis said Patty Jenks, Town Clerk is also willing to help if the program is installed on her computer. The Board will address this again at the end of September to see if additional help should be hired to complete the inputting.
Faith Catlin, one of the owners of Loch Lyme Lodge had sent out an e-mail over Lyme ListServ stating the Loch Lyme Lodge will be converting its barn into a theatre. They will be holding a performance there for three nights in September as a fund raiser. Victoria Davis reported that she had called Faith Catlin who stated the performances are grandfathered as the Barkers had previously provided entertainment. Faith Catlin further stated that she understood they would need a building permit for the barn when they reached that point and had the funds, and Victoria Davis told her that she may also need a site plan review by the Planning Board. Victoria Davis told the Board that she did remember Paul Barker being part of a barbershop quartet that had performed there. She added that she did not feel
there was a need for a site plan review at this point since the performances were only for three nights, and it seemed to be a grandfathered use. The Board seemed to agree.
The meeting adjourned at 10:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for September 14, 2006:
7:30 Continued Public Hearing for Mudge Minor Subdivision
8:00 Public Hearing to Change Conditions on Crossroads Academy Site Plan Review
Tentative Meeting Agenda for September 28, 2006:
7:30 Master Plan Brainstorming Meeting with Tara Bamford, Executive Director UVLSRPC and Don Cooke, Our Extremely Generous Mapping Expert Volunteer
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