Lyme Planning Board Minutes
March 22, 2007
Board Members & Staff: Present: Jack Elliott, Vice-Chair; Stephanie Clark, Member; John Billings, Member; Michelle Balch, Member; Dick Jones, Select Board Representative; Don Dwight, Alternate; and Victoria Davis, Planning & Zoning Administrator Absent: Ben Kilham, Alternate
Public: Elizabeth Kilmarx, David Roby, Richard Mann, and Barbara Roby
Since Freda Swan, Chair had not been re-elected to the Board, Vice-Chair Jack Elliott chaired the meeting. He called the meeting to order at 7:30 pm. Stephanie Clark and Michelle Balch signed their oath of office forms which Dick Jones as Selectman witnessed. They were then full members able to vote.
Item 1: Approval of Minutes: Dick Jones made a motion to approve the February 22, 2007 meeting minutes as written. Jack Elliott seconded the motion and unanimous agreement followed.
Item 2: Election of Officers: John Billings made a motion to elect Jack Elliott as Chair. Stephanie Clark seconded the motion, and unanimous agreement followed. John Billings made a motion to elect Stephanie Clark as Vice-Chair. Michelle Balch seconded the motion, and unanimous agreement followed.
Item 3: Appointment of Alternate: David Roby indicated that he would be interested in serving on the Board as an alternate. Michelle Balch made a motion to appoint him. Jack Elliott seconded the motion, John Billings recused himself from the vote, and the remaining members voted in favor of the motion. There was some discussion about the number of alternates the Board can appoint and if they are to have staggered terms of three years or not. Victoria Davis will check the RSA’s for guidance. [After Note: Up to five alternates are allowed if approved by the “legislative body.” There is no mention of staggered terms in the RSA’s, but review of past appointments shows this has been the practice in Lyme.]
Item 4: Informal Meeting with Richard Mann: Two houses on one lot; Tax Map 410, Lot 33.1; Claflin Lane: Jack Elliott stated this is an informal, advisory meeting only. The Board had reviewed this case previously on August 24, 2006. Elizabeth Kilmarx and David Roby accompanied Richard Mann to assist in representing his proposal. Elizabeth Kilmarx presented a drawing of the property showing the town’s conservation districts. The total area of the lot is about 80 acres with a reduced “lot size” of about 44 acres. She referenced section 5.11 D. 7. of the zoning ordinance which allows the construction of two primary houses on one lot if it can be shown that a two lot subdivision is possible. David Roby expressed concern that since he has been appointed as
an alternate, he might have a conflict of interest in speaking for Richard Mann. Victoria Davis pointed out that he is not sworn in yet and is not considered an alternate until that time.
David Roby stated he had two questions: 1. Is the area within 200’ of the existing pre-zoning house exempt from the Agricultural Soils Conservation District (the “building zone”), and 2. Is the lot size enough for two lots? The Board stated that the 200’ area is exempt from the conservation district as a “building zone,” and since the minimum lot size requirement is five acres in the Rural District (the lot is primarily within the Rural District), the lot size and substantial road frontage are adequate for the two lot equivalent requirement for two houses. Richard Mann stated accessories to the houses including septic systems and wells would be constructed within the “building zone.” Dick Jones stated an easement would be required to
provide a record that the equivalent of one lot had been “used up” by any approval for two primary houses on the one lot. This would serve as notice to any future owners and the Planning Board. David Roby stated a zoning easement is not necessary as the case would come back to the Planning Board which could have recorded a decision referencing the two lot equivalent required for the approval. He felt this would be adequate in restricting potential future subdivisions. Victoria Davis pointed out that although the zoning ordinance states the Board could require a zoning easement, it might not be appropriate in these cases since town meeting approval would be required to rescind the easement. If the intent is to simply restrict the number of potential future lots and not place an easement on a specific area, the zoning easement might be inappropriate. Richard Mann stated he just wanted to do what was right for the town.
Item 5: Community Attitude Survey Public Meeting Discussion: The Board determined a goal of the April 25th meeting is to inform the public of the purpose of the survey as well as the results of the survey. Jack Elliott will add some slides to Simon Carr’s power point presentation to explain that the Board will use the town’s survey input to draft a new master plan and the regulations and ordinance to support that plan. He felt it should be made clear that the Board’s role is to implement the desires of the town. Peter Dzewaltowski of the Regional Planning Commission will be at the meeting to help with facilitation and answer general questions in the context of his experience with the survey and master plan process. Another goal will be to glean
issues which should be discussed at future public meetings. Dick Jones suggested that the public should be asked if there are any topics important to the town that were not included in the survey. Michelle Balch stated the neighborhood meetings will be helpful as some people are intimidated by large central gatherings.
Victoria Davis stated the concern regarding the division of the wealthy and the moderate/low income residents was clear in the survey responses, but is not provided in the meeting presentation material. The Board agreed that this was a recurring theme which came up in the narrative responses of the survey. Simon Carr has not provided the final version of these responses. Victoria Davis will e-mail him to request it so copies can be provided for public viewing at the town offices and library. They will not be available at the April 25th meeting as it is such a lengthy document and no summary of the responses has been prepared.
The Board will work with Peter Dzewaltowski to determine a plan to continue soliciting public input during the master plan development process. Future meeting dates will be determined after the April 25th meeting. Stephanie Clark, Michelle Balch, and Jack Elliott volunteered to provide food for the meeting. Victoria Davis will purchase plates and utensils.
Item 6: Other Business: Jack Elliott stated that he would like the Board to begin zoning ordinance amendment discussions much earlier than in the past. The definition of “lot” has still not been resolved in regard to previous “automatic mergings.” Victoria Davis stated Town Counsel Jae Whitelaw should meet with the Board again, and an opinion from the NH Municipal Association should be obtained. Don Dwight, John Billings, Stephanie Clark, and Michelle Balch had not been on the Board when Jae Whitelaw had met with the Board previously. Victoria Davis said she would not schedule this yet as the Board will be working on the Master Plan with public meetings in the immediate future. The Board agreed.
Jack Elliott stated the ZBA had expressed a need for clarification through the Planning & Zoning Administrator. The ZBA has an application before them for a special exception to allow the joint use of parking spaces. The ZBA is concerned that the Site Plan Review Regulations parking specifications are labeled as “guidelines” and it is not clear if a special exception would be needed if the Planning Board had the flexibility to lessen the parking specifications during site plan review. The Board determined that although Appendix A of the regulations is entitled “guidelines,” it can be viewed by the ZBA as requirements when a special exception is requested for joint parking.
Jack Elliott told the Board that Bob Coyle had stopped by Jack’s home to discuss his proposal to put a restaurant in the Nichols Hardware building. The ZBA had requested that Bob Coyle discuss his proposal with residents around the common who might be impacted by the restaurant. Jack Elliott stated he spoke to Bob Coyle as a neighbor in answering this question. Bob Coyle also inquired about the parking guidelines in the Site Plan Review Regulations. Jack Elliott responded to him that he would provide clarification to the ZBA.
John Billings made a motion to adjourn. Stephanie Clark seconded the motion, and unanimous agreement followed. The meeting adjourned at 8:55 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for April 12, 2007:
No agenda at present
Public Meeting Wednesday, April 25, 2007 at School Cafeteria 7:00 PM (not 7:30):
Presentation and discussion on Community Attitude Survey results
Tentative Meeting Agenda for April 26, 2007:
No agenda at present
| 
