Draft: November 13, 2005
Approved: November 16, 2005
TOWN OF LYME
BOARD OF SELECTMEN
PUBLIC HEARING AND DECISION DOCUMENT
Public Hearing: October 26, 2005
Present: Pete Bleyler, Dick Jones, Judy Brotman, Carole Bont, Benjamin Barrows, Elise Garrity, Fred King, Colleen King, Bob & Megan Houser, Wally Ragan, Jim Argentati, Sylvia & Craig Markcrow, Tony & Sue Ryan.
Public Hearing:
Chairman Pete Bleyler opened the Public Hearing at 9:02 am at the Fire Station.
1. Sylvia Markcrow has applied to the Board of Selectmen to issue a building permit, to allow building on Alden Road, a Class VI road, under the provisions of RSA 674:41.
2. The lot in question is “land locked”, with access only from Alden Road, a Class VI road. The lot was purchased some 40 years ago, and has been held as a vacant lot since that time.
3. The lot is a +- acre lot, located in a 10-acre zoning district, and has no frontage on a Class V or better road.
4. Alden Road has been a Class VI since 1955, when it Town Meeting voted to discontinue (close) the road subject to gates and bars.
5. On Friday, October 21, town staff had a site visit to Alden Lane. Carole Bont reported that they found that Alden Lane was narrow, steep in places and ledgy, and she provided pictures that they had taken on the site visit. Alden Lane is a narrow, steep grade. Drainage is a problem, with water currently running down and across the road. Staff counted nine naturally occurring water crossings that cross Alden Lane.
6. Jim Argentati said that the Markcrow & Lyons property has a right-of-way through the former Wagner (now Houser) property. He said that 18.5 ft. are needed for the guy-wires for installing secure utility poles. Alden Lane is between 6 and 10 feet wide. He was denied use of Alden Lane for access to his house.
7. Fred King reminded the Board that his shed, house and septic field are all situated under the portion of Alden Lane that runs through his property.
8. Bob & Megan House expressed concerns about other development following the opening up of this road. There are in excess of 750 acres that could be potentially developed. There is also the potential for vandalism and fires, especially with motorized access.
9. The Planning Board had advised the Selectmen that they (the Planning Board) opposed the development. The Master Plan and Zoning Ordinance do not support small lots in the remote areas of town.
10. No evidence was provided that that showed that Alden Lane could be brought up to the Town’s driveway standards. Access would be questionable for safety vehicles (fire, police, ambulance).
The public hearing was closed.
Decision of the Board:
Judy Brotman moved that the requested use of Alden Lane for development access be DENIED, based on findings by the Planning Board as reported in their minutes of _____, and public comment. Dick Jones seconded the motion. There followed a discussion of the specifics of the request and the Selectmen’s decision.
1. The Town formally discontinued the road in 1955, subject to gates and bars.
2. The lot is a pre-existing non-conforming lot under the provisions of section 8.30 of the Zoning Ordinance.
3. Dick said that he had checked the Town’s GIS maps and the lot contained agricultural soils and steep slopes.
4. A driveway may not be able to be constructed that would conform to the requirements of the Zoning Ordinance without either a special exception or variance.
5. No Special Exceptions or Variances have been granted by the ZBA.
6. The Planning Board recommended against granting the permit.
7. The installation of utility lines will fall outside the right-of-way of Alden Lane, and therefore need the permission of other owners of private property.
The Selectmen voted unanimously to deny the request to open Alden Lane for use as access to the Markcrow property.
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Peter Bleyler
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Richard G. Jones
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Judith Lee Shelnutt Brotman
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