Lyme Planning Board Minutes
October 26, 2006
Board Members & Staff: Present: Jack Elliott, Vice-Chair; Dick Jones, Selectboard Representative; John Billings, Member; Stephanie Clark, Alternate; and Victoria Davis, Planning & Zoning Administrator Absent: Freda Swan, Chair; Dan Brand, Member; Simon Carr, Alternate; Ben Kilham, Alternate; and Don Dwight, Alternate
Public: Bob Coyle; Jim Nichols; Peter Young, Hanover High School student
Jack Elliott called the meeting to order at 7:30 pm in the Town Offices. He appointed Stephanie Clark to sit as a member in place of Freda Swan.
Item 1: Approval of Minutes: Dick Jones made a motion to approve the minutes of September 28, 2006 as written. John Billings seconded the motion and unanimous agreement followed. Dick Jones made a motion to approve the minutes of the October 12, 2006 meeting as written. Jack Elliott seconded the motion, and unanimous agreement followed.
Item 2: Informal Meeting with Bob Coyle and Jim Nichols for Conversion of Nichols Hardware: Bob Coyle described his proposal to use a portion of the Nichols Hardware building for a restaurant, specialty food sales, and beer & wine bar. The Board discussed if this would be a conversion, planned development, or grandfathered use. Bob Coyle stated he would incorporate the existing lunch counter into his plan and there would be no drive-through service. He summarized the existing and proposed uses of the building to include the restaurant (with a high estimate of 40 seats), Ledyard Bank, the post office, and office space for Tarm, USA on the first floor; Tarm, USA offices on the second floor; and an apartment on the third floor. There is also a basement and an accessory building,
both currently used for storage. The Board pointed out that there is a six unit maximum unless it is determined that a larger number has been grandfathered. Jim Nichols said there was also an attorney office upstairs at one time. Bob Coyle is working with Tim Estes to figure out what is required for septic system expansion if necessary. He is also working with Chief Hinsley to make sure the building would meet fire safety codes. Bob Coyle will work on formal Site Plan Review and Conditional Use Permit applications.
Item 3: Crossroads Academy Revised Letter of Credit Approval: Victoria Davis provided the new letter of credit received 10/20/06 from Ledyard National Bank to Crossroads Academy granting them a $10,000 letter of credit. This is to insure the Town would have funds to install drainage and erosion controls should Crossroads not complete this project. Dick Jones made a motion to accept the letter of credit as a replacement of an earlier letter of credit. John Billings seconded the motion, and unanimous agreement followed.
Item 4: Master Plan: Victoria Davis reported the $15,000 budgeted for 2006 will have been spent or obligated by the end of this year. This includes $3,500 for the Natural Resources Inventory, $2,000 for the Community Attitude Survey, $1,215 for a GIS ArcView mapping program, and $8,285 for regional planning commission (RPC) assistance for future public master plan meetings.
The 2007 budget will have to cover the aquifer study of $14,000 which cannot be confirmed with the State until the March 2007.
The Board determined that the results of the Community Attitude Survey should be the topic of the first public meeting with the RPC on hand to help focus in on topics for future master plan public meetings. Although there has been substantial progress in data input of the surveys, there are still around 100 surveys remaining. Jack Elliott stated that Simon Carr hopes to have some preliminary results for the next meeting.
Item 5: Zoning Amendments: The Board discussed the major amendments for the year: amending the telecommunications sections of the ordinance and changing the definition of “lot” in regard to “mandatory mergers.” Victoria Davis also stated the flood zone sections will be amended as required by the State. The Board discussed the meeting with the Communications Committee, and Dick Jones will draft an amendment to provide more lenient locations of telecommunication facilities. This will be shared with Planning Board and Communications Committee members.
Stephanie Clark shared her research about law cases related to merging of lots. She stated the current zoning language is too broad and not “safe.” She commented that the merging of two conforming lots definitely is not appropriate. She also said court cases could be found going either way in support of various merging involving one or more nonconforming lots. She suggested the Board has two options: 1. Eliminate the merger portion of the definition; or 2. Amend merger language and add language to establish procedure to provide land owners notice and opportunity to come before the Board to challenge the merger. The Board then discussed how the Board would determine if an inappropriate merger had occurred or not. Victoria Davis reported that a review of the old tax maps was
not entirely helpful. John Billings and Dick Jones stated they are opposed to the mergers. Victoria Davis pointed out the Board needed to decide which mergers involving nonconforming lots they wish to continue to enforce. Stephanie Clark felt property rights should take precedence. When discussing public notice, the Board determined that the Little Town Meeting, Town Meeting, and Town Report would provide appropriate public notice. Dick Jones suggested the Planning Board could rule on which mergers should remain during subdivision review. Victoria Davis pointed out that the Tax Assessing Department merges the lots according to the zoning ordinance. This topic will continue at the next meeting.
The Board had also discussed the Ridgeline and Hillside District definition which could be a potential zoning amendment.
Item 6: Other Business: The November 9th meeting will be held at the Fire Station since a library event will occupy the usual meeting space. A second meeting of the Board will be held November 30th to accommodate Thanksgiving on the 4th Thursday of the month.
Dick Jones made a motion to adjourn. Stephanie Clark seconded the motion, and unanimous agreement followed. The meeting adjourned at 9:15 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for November 9, 2006:
AT THE FIRE STATION
7:30 Zoning Amendments: Flood zone, Telecommunications,
Tentative Meeting Agenda for November 30, 2006:
7:30 Zoning Amendments
Public Hearing for Zoning Amendments for December 14, 2006
Public Hearing for Zoning Amendments for January 11, 2007
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