Lyme Planning Board Minutes
October 25, 2007
Board Members & Staff: Present: Jack Elliott, Chair; Stephanie Clark, Vice-Chair; Dick Jones, Selectboard Representative; John Billings, Member; Michelle Balch, Member; David Roby, Alternate; Ben Kilham Alternate; John Stadler, Alternate, and Victoria Davis, Planning & Zoning Administrator Absent: None
Public: Lindy Mather and Frank Bowles
Item 1: Approval of Minutes: John Billings made a motion to approve the October 23, 2007 meeting minutes with a minor change. Dick Jones seconded the motion, and unanimous agreement followed.
Item 2: Informal Meeting with Lindy Mather to Subdivide Lot at 124 Pinnacle Road in the Rural District (Tax Map 407, Lot 120): Lindy Mather inquired about subdividing her 13.9 acre lot into two lots—one with the house and one with the barn. Trout Brook would be the dividing line. Dick Jones pointed out that a nonconforming 0.57 acre lot had been added to the Mather lot since in September 2005. The Town had deeded the small lot with a dilapidated cottage to Lindsay Mather with the condition that the lot be merged with her lot and that she remove the cottage within one year. [Note: A formal Voluntary Merger was signed by Lindsay Mather on October 5, 2005 and was approved by the Planning Board on October 13, 2005.] In reviewing the definition of “lot
of record,” the Mather lot no longer qualifies for the status of “lot of record” which means the conservation districts must be taken into account when calculating the “lot size” of the property. Lindy Mather had a copy of a map of her lot showing the conservation districts and the “lot size” is just under 10 acres due primarily to the Shoreland, Wetlands, and Steep Slopes Districts present on the property. If the Town’s lot had not been added to the Mather lot, a reduction for the conservation districts would not have been required in calculating the “lot size” according to the definition of “lot size” in the zoning ordinance. The Board was sympathetic to the circumstances, but suggested that a variance from the ZBA might be required. It was also suggested that the steep slopes be evaluated in the field to make sure the Town’s map is accurate. She would only have to
add a 0.13 acre area to the “lot size” to be allowed to go ahead with the subdivision. However, it was mentioned that field work could actually prove there are more rather than less steep slopes. It was also suggested that she contact her abutters to see if they would like to annex some of the land, but she would still need to retain a “lot size” of five acres to meet the zoning requirement for minimum lot size.
Item 3: Discussion of Automatic Lot Merger Practices: Stephanie Clark had e-mailed a draft public invitation to a public hearing to discuss the automatic lot merger including an explanation of the issues. Dick Jones presented an amended version with specific questions. David Roby stated it was not simple enough and the issues should be more clearly identified. After much discussion, the Board determined the invitation should be minimal to get people’s attention and get them to the public hearing to discuss the details. Jack Elliott drafted a post card to send out to all property owners. Dick Jones suggested that a grid should be made to show the multitude of possible lot merger scenarios to inform the public of the complexity of this issue.
John Billings asked if the lot mergers of the future included in this discussion, or if it would only be to address past mergers. The Board determined that all timeframes of the mergers would be part of the discussion even though the zoning ordinance has been changed to stop all automatic mergers as of March 31, 2007.
David Roby again expressed his opinion that this is an unnecessary exercise as there is nothing wrong with the mergers that the Town performed in the past. Dick Jones responded that these mergers have thwarted land owners plans. There was discussion if no one attended a public hearing. It was determined that a lack of participation in the discussion may in itself guide the Board in deciding how to deal with the issue.
Item 3: Review of Proposed Zoning Amendments: Victoria Davis again provided copies of the July 2007 amendments proposals.
#1 – Lot Merger – Stephanie Clark made a motion to take the proposed amendment to public hearing. John Billings seconded the motion. David Roby expressed that the first public hearing on this topic should occur simply to gather public input to develop the amendment before a public hearing to send the amendment to Town Meeting. Michelle Balch stated her agreement. Stephanie Clark withdrew her motion. A postcard invitation will be sent out to all property owners to attend a public hearing to discuss the automatic mergers on November 8th at 7:00 pm at the Fire Station. Agenda items previously scheduled for that evening will be rescheduled for the second November meeting—the date to be determined by vote by e-mail.
#2 – Exclude portable shelters from definition of “structure” – Dick Jones voted to strike this proposed amendment. John Billings seconded the motion, and unanimous agreement followed.
#3 – Add “National Wetland Inventory” to section 3.27.1 as part of the Town’s wetlands map – Dick Jones made a motion to send the amendment to public hearing. John Billings seconded the motion, and unanimous agreement followed.
#4 – Revise sections 4.49 and 4.1 – Dick Jones made a motion to strike this proposed amendment. Stephanie Clark seconded the motion, and unanimous agreement followed.
#5 – Eliminate the need for Conditional Use Approvals where Site Plan Review is required – John Billings made a motion to take the amendment to public hearing. Stephanie Clark seconded the motion, and unanimous agreement followed.
#6 – Clarify section 4.53 by defining a preferable development area – Victoria Davis suggested another change based upon a recent ZBA case to clarify that the road to measure from should be the road providing access. John Billings made a motion to send the altered proposed amendment to public hearing. Michelle Balch seconded the motion, and unanimous agreement followed.
#7 – Allow greater permitted uses under the Wetlands and Shoreland Conservation Districts – Victoria Davis had requested Conservation Commission opinion and had not received it. Dick Jones stated the Conservation Commission determined they would not comment on regulations. Dick Jones made a motion to strike the proposed amendment. John Billings seconded the motion, and unanimous agreement followed.
#8 – Allow fire protection structures in the Steep Slopes, Agricultural, and Ridgeline and Hillside Conservation Districts – John Billings made a motion to send the proposed amendment to public hearing. Dick Jones seconded the motion, and unanimous agreement followed.
#9 – Reference the Flood Development Ordinance in section 4.65 – Dick Jones made a motion to strike the proposed amendment. Jack Elliott seconded the motion, and unanimous agreement followed.
#10 – Expand on the definition and restrictions of the Ridgeline and Hillside Conservation District – The Board has not had time to review this material. Dick Jones made a motion to strike this proposed amendment. John Billings seconded the motion, and unanimous agreement followed.
#11 – Eliminate the protective area of the community wells – The Board discussed that technically these wells are not community wells though the well on the Dowd’s Inn property is the only well without a septic system within a 400’ radius. The Board discussed the need to retain a protective area around this well. Dick Jones made a motion to change the proposed amendment to eliminate the protective area except from the Dowd’s Inn well. Michelle Balch seconded the motion, and unanimous agreement followed.
#12 – Eliminate ZBA review for shared parking as it is covered by Site Plan Review – Dick Jones made a motion to take the proposed amendment to public hearing. John Billings seconded the motion, and unanimous agreement followed.
#13 – Amend sections 8.26 and eliminate section 8.27 – Dick Jones made a motion to strike the proposed amendment. Stephanie Clark seconded the motion, and unanimous agreement followed.
#14 – Delete creation of non-conforming lots with existing development section – Dick Jones made a motion to strike the proposed amendment. John Billings seconded the motion, and unanimous agreement followed.
#15 – Rearrange section 10.40 – John Billings made a motion to take the proposed amendment to public hearing. Michelle Balch seconded the motion, and unanimous agreement followed.
#16 – This is a newly proposed amendment by Ben Kilham to delay a zoning easement of agricultural soils in section 4.64 until subdivision occurs – John Billings made a motion to take the proposed amendment to public hearing. Jack Elliott seconded the motion, and unanimous agreement followed.
The Board thanked Victoria Davis for her years of service.
The meeting adjourned at 8:30 pm.
Submitted by, approved
Victoria Davis John M. Elliott
Planning & Zoning Administrator Chair, Planning Board
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