Draft: January 4, 2006
Approved: January 18, 2006
TOWN OF LYME
BOARD OF SELECTMEN
January 4, 2006
PUBLIC HEARING AND DECISION DOCUMENT
Attending: Selectmen Dick Jones, Pete Bleyler and Judy Brotman; Bookkeeper Dina Cutting. Public: Mort Bailey, Dorf Sears, Gene Rondeau, David Rondeau, and Lois Rondeau, Julia Elder, Bob Lee, Earl Strout, Garry Thrasher, Jeff Lehman, Police Chief Pauline Field.
Public Hearing:
Chairman Pete Bleyler opened the Public Hearing at 9:00 am at the Fire Station.
1. Mort Bailey has applied to the Board of Selectmen to allow him to construct a residence on Mud Turtle Pond Road, a Class VI road, under the provisions of RSA 674:41.
2. The lot in question is a small, non-conforming lot with access from Strawberry Hill Road (a Class V Orford road) from Orford.
3. The lot was sold on September 23, 1981 to the current owners – well before passage of the Zoning Ordinance.
4. Section 8.30 of the Adopted Zoning Ordinance allows a non-conforming lot to be built on under special circumstances.
5. The lot is located in the Mountain and Forest Zoning District, a 50 acre district.
6. In 1993 the State DES approved a septic design for this lot (demonstrating that the lot is of sufficient size to support a state approved septic system under the then current regulations.
7. If the Board of Selectmen approved this request, then owner will then need to appear before the Zoning Board of Adjustment to request a Special Exception for development under Section 8.31D.
8. Mort said the he doesn’t believe that the granting of this request will set a precedent for other lots to be developed in this area.
9. Mort is requesting the use of 25 ft of the class VI road.
10. The Rondeaus felt that development should not be allowed along Mud Turtle Pond Road.
11. The Fast Squad and the Police have sated that response from Lyme would be lengthy, but that Lyme does have mutual aid with Orford.
Public Hearing and Decision Document
January 4, 2006
Page Two
12. Orford currently responds to the emergencies in this area of Lyme.
13. The Planning Board voted to support this request, based on the conditions of RSA 674:41.
The public hearing was closed at 9:26 am.
Decision of the Board:
14. Dick Jones moved to grant the request with conditions. Pete Bleyler seconded the motion.
15. The Board discussed the testimony.
16. Access to a Class V or better road and access only through Orford are the issues here - including a recorded waiver of Town and school transportation services.
17. This is a corner lot touching a Class V road (in an abutting Town) but without frontage on said road.
18. This lot is different from previous requests to use other Class VI roads in that the adjacent lot across Mud Turtle Pond Road is already developed.
19. This lot last sold in 1981 in its current configuration (it is a legal, pre-existing lot)
20. There is a previously state-approved septic design, which demonstrates that the lot can support a residential septic system.
21. If the Board of Selectmen approves this request, then the applicant/owner will need to apply to the Zoning Board of Adjustment for either a Special Exception or a Variance under Section 8.31 of the Adopted Zoning Ordinance.
22. The Board voted unanimously to grant the request to construct a residence on a Class VI road (Mud Turtle Pond Road), with the following conditions:
a. 25 ft. of the Class VI road may be used for access;
b. Zoning Board of Adjustment approval must be granted for a Special Exception and/or a Variance as required by the Zoning Ordinance for development of the lot;
c. The applicant/owner will sign and record a t the Grafton Country Registry of Deeds a release of service as stipulated in RSA 674:41; and including a waiver of school transportation services;
Public Hearing and Decision Document
January 4, 2006
Page Three
d. Any approvals required by the Town of Orford shall be obtained and a copy of same forwarded to the Town of Lyme.
Per Town of Lyme
Board of Selectmen
______________________________________
Peter A. Bleyler, Chair
_______________________________________
Richard G. Jones
_______________________________________
Judith Lee Shelnutt Brotman
| 
