Lyme Planning Board Minutes
November 9, 2006
Board Members & Staff: Present: Freda Swan, Chair; Jack Elliott, Vice-Chair; Dick Jones, Selectboard Representative; John Billings, Member; Dan Brand, Member; Don Dwight, Alternate; Stephanie Clark, Alternate; Ben Kilham, Alternate; and Victoria Davis, Planning & Zoning Administrator Absent: Simon Carr, Alternate
Public: Frank Bowles, ZBA Alternate & Communications Committee Member
Freda called the meeting to order in the Fire Station Training Room at 7:30 PM. Lanterns and flashlights were used as the power was out.
Item 1: Approval of Minutes: Dick Jones made a motion to approve the minutes of the October 26, 2006 meeting with minor amendments. Dan Brand seconded the motion, and unanimous agreement followed.
Item 2: Proposed Driveway for Longacre at 202 River Road (M402 L77) Crossing Steep Slopes: As required by the zoning ordinance section 4.62 B., the Planning Board reviewed this proposal for impact upon steep slopes. The Board determined the following conditions should be added to any ZBA approval: 1. The applicant should try to divert water from the River Road and 2. If the development on this lot increases impact on River Road due to runoff, the owner must agree to pay the cost of a culvert under River Road and purchase a drainage easement from the owners of the property on the west side of River Road.
Item 3: Review of Proposal for Fire Pond and Dry Hydrant at Property of Don Metz, 114 Franklin Hill Road (Map 408 Lot 70.2): Victoria Davis presented an application from Chief Michael Hinsley to install a driveway extension to a proposed fire pond and dry hydrant behind the Metz house. It was pointed out that this hydrant had not been presented to the Planning Board at their June 8, 2006 meeting in which Michael Hinsley and Pete Mulvihill presented their fall construction plans for fire protection. The Board noted that although fire ponds are exempt from setback and some conservation district encroachment, it is only if they have been approved by the Planning Board. It is not known if any of the proposal encroaches into a conservation district; it does not encroach into a setback.
It was also noted that a pond under an acre does not require a permit if it does not encroach into a conservation district. Freda Swan pointed out that if the pond is to be designated as a fire pond, it needs Planning Board approval at a public hearing. She stated the Board would use the Subdivision Regulations criteria for a fire pond in any review.
Item 4: Discussion of Proposed Zoning Ordinance Amendments: Victoria Davis had e-mailed a draft of possible amendments which have been discussed over the last year. The Board reviewed these draft amendments which are attached to these minutes.
1. The State FEMA office made recommended changes to the Floodplain Development Ordinance which is an addendum to the Zoning Ordinance. The Board tentatively agreed to this amendment for future discussion.
2. Amend the definition of “lot” to eliminate the mandatory merger of any lots regardless of conformity. This was recommended by Town Counsel based upon court cases in the State. Stephanie Clark researched several court cases and came to the same conclusion. There was discussion about keeping the merger requirement for two vacant nonconforming lots. John Billings expressed concern that this is not fair to the owner since it limits his/her ability for development when if another person owned one of the lots, this would not be the case. The Board determined to abandon all mandatory mergers. A procedure recommended by
Town Counsel will be to notify each property owner of this change in writing. Owners will be given until December 31, 2007 to “unmerge” their lots by proving separate parcels by working with Town Office assessing and planning staff. The cost of postage should be added to the budget, if possible.
3. It was suggested that the Ridgeline and Hillside Conservation District map delineation be changed from its existing delineation of every ridgeline plus 1,000 feet on either side plus any adjacent steep slopes and excluding 300’ along public roads. Victoria Davis pointed out that Dan Karnes, former Alternate, had also developed a map which presented only those ridgelines and hillsides which would be visible from public roads and waters if the trees were not there. This would be a valuable tool to the ZBA and applicants who are trying to figure out this very scenario. There was consensus that the language of the district restrictions
needs improvement, but the map could be changed this year.
4. It had been proposed that the Telecommunications Ordinance addendum to the zoning ordinance be deleted and some much simpler language added to the main body of the zoning ordinance. Victoria Davis stated that Town Counsel had expressed concern that the Board was eliminating too many important protective restrictions which would not be covered by site plan review such as lighting, fall zones, and removal of abandoned towers. The Board agreed. Frank Bowles expressed concern that the rules are too restrictive for small towers which are primarily used for personal use but also transmit to neighbors. He and Victoria Davis will try to resolve
this issue prior to the next meeting. Freda Swan requested that definitions be drafted to distinguish between personal use and business use.
5. It was proposed to add an amendment for “switchback.” Dick Jones proposed that it should include “curving over 125 degrees” rather than the “curving approximately 180 degrees” as provided in the draft proposed amendments. The Board agreed.
6. There was a proposal to eliminate several soils from the list of locally important agricultural soils in the Agricultural Soils Conservation District. Freda Swan suggested that the Board eliminate all of the locally important agricultural soils from the list. The Board agreed.
Item 5: Other Business: Freda Swan pointed out that there have been personal comments made in some of the community attitude surveys. She stated she did not believe they are appropriate to be included in the published results. The Board agreed that any comments about a specific person or specific office should be deleted from the public compilation of comments. This does not include comments about Boards, Offices, or other groups. Ben Kilham suggested it should be noted that personal comments have been deleted. Victoria Davis stated that Simon Carr had expressed his opinion that the personal comments should be deleted. Simon Carr e-mailed that he will have the numeric responses and some analysis available at the next meeting. The Board determined the
results of the survey should be available on the Town’s web page, in the library, and in the town offices.
Freda Swan stated some Budget Committee members wish to use the community attitude survey as guidance for the Capital Improvement Program (CIP) which will be part of the master plan. The CIP requires information back six years and projected six years. Dick Jones offered to send the Budget Committee data from the past ten years.
Freda Swan said she will not be available for the next few meetings.
The meeting adjourned at 9:00 PM
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for November 30, 2006 at the Fire Station:
7:30 Zoning Amendments
Public Hearing for Zoning Amendments for December 14, 2006 at the Fire Station
Public Hearing for Zoning Amendments for January 11, 2007 at the Fire Station
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