Lyme Zoning Board of Adjustment
Minutes: May 27, 2004
Board Members: Present -Walt Swift, Chair, Jim Poage, Vice Chair, Ross McIntyre, Alan Greatorex, and George Hartmann
Board Alternates: Present -Jackie Glass, Margot Maddock, and Marcia Armstrong
Staff: Victoria Davis, Planning & Zoning Administrator
Public: Arthur Stout; David Rayment, Attorney; Rod Finley, Pathways Consulting; David Roby; Julia Elder; and Bob Kilmarx
Approval of Minutes: At 7:30 PM, Chair Walt Swift called the meeting to order. Minor changes were made to the minutes of May 20, 2004. Ross McIntyre made a motion to approve the minutes as amended. Jim Poage seconded the motion, and unanimous agreement followed.
Rules of Procedure Amendments: “Article II Officers, paragraphs 1. and 2.” were amended to change the election of officers from May to “the first regular meeting after town meeting.” “Article IX Amendments” was amended to delete “two successive meetings” to “the meeting.”
Pathways Consulting, Applicant for Arthur Stout, Permit Application 03-108, M409/L45
Proposal: build a new 4,100 foot driveway at 216 Dorchester Road.
Walt Swift called the hearing to order at 7:40 PM. This is a continued hearing from May 20, 2004. Jackie Glass, Alternate continued to serve as a member for Alan Greatorex who had recused himself from this case.
Victoria Davis distributed copies of an e-mail from Jeanie McIntyre, Executive Director of the Upper Valley Land Trust (UVLT) dated May 27, 2004 stating UVLT has taken no action or made any commitments regarding the Stout property. She further stated, UVLT does not invest its resources in pursuing an easement on property unless a request is made by the owner. This was in response to a comment made by Dave Rayment at the previous hearing.
Victoria Davis also distributed a copy of a letter e-mailed to her from Michael Hinsley, Fire Chief dated May 27, 2004. He stated serving the Stout property at the end of a lengthy driveway would “not increase the risk to the health and safety to responding members of the Lyme Fire Department.” Walt Swift stated that Michael Hinsley had called him and added that this drive into the forested area would be beneficial in that it provides access to the Fire Department in case of a forest fire. This was in response to a comment made by Bernie Waugh at the previous hearing.
Rod Finley distributed a map showing two driveway alternatives to the original proposed driveway as well as a 400’ diameter proposed development area. The map showed this area to be 3,410’ from Dorchester Road and 2,980’ from Baker Hill Road. Driveway Alternate #1 from Baker Hill Road is 5,620’ long with a maximum grade of 11%. The encroachment into the shoreland, wetland, and agricultural conservation districts would be the same as the original proposal, but it would have greater deer yard and steep slope disturbance since it is 1,445’ longer than the original driveway proposed. Driveway Alternate #2 from Dorchester Road is 6,410’ long with a maximum grade of 11%. It would have greater agricultural encroachment and shoreland encroachment due to a brook on
Dorchester Road. It would have greater encroachment into the steep slopes and deer yards since it is 2,235’ longer than the original proposal. Rod Finley added that Driveway Alternate #2 would be a very difficult access due to 10-20’ ledge shelves. He also pointed out that unlike the original proposal neither alternate driveway follows an existing logging road.
Walt Swift asked why the proposed building area could not be sited on a flat area below the proposed site in an area delineated as 1300’ elevation. Arthur Stout responded that he had looked at this area, but it narrowed out and the proposed site is a much better location for a house. This area provides forested buffer for the proposed residential site. Rod Finley also stated it is a different forest type.
The Board inquired about an easement on the remainder of the undeveloped property since the zoning ordinance does not allow further development anyway due to the large percentage of Steep Slopes Conservation District and the fact that this development will use up all existing road frontage. Dave Rayment responded they would be reluctant to give up the possibility of further development which could be allowed at some point by variance or by annexing additional road frontage.
Ross McIntyre pointed out that a second house could be allowed within the Mountain & Forest Conservation District as a “double density” proposal if approved by the Planning Board and if the owner put a conservation easement on the remainder of the land. Dave Rayment responded the owner only wants to put up one house in this district. And further, if Arthur Stout wanted more development, it would be in the Rural District, and he would come back to the ZBA and the Planning Board. Further discussion was held about easements on the approximately 85% (per Town overlay maps) of Steep Slopes Conservation District as well as 75% of the agricultural soils as required by section 4.64. Dave Rayment expressed a willingness to have such an easement. More discussion followed about putting a
conservation easement on the entire lot excluding the development area.
Walt Swift asked if any abutters have comments or questions. Julia Elder inquired if the driveway could become a town road in the future. Ross McIntyre stated a driveway can serve no more than two lots or sites. Dave Roby stated he is concerned that a nearby landlocked lot owned by Winsor could work a deal with Arthur Stout to use the driveway to access the Winsor lot. Dave Rayment stated that neither he nor Arthur Stout has had any conversations with Winsor, and they would be agreeable to a requirement that the driveway serve only one lot. Alan Greatorex pointed out there is an existing camp on the Winsor lot.
Ross McIntyre made a motion to enter into deliberations. Jim Poage seconded the motion, and unanimous agreement followed. Jackie Glass inquired what happens if the driveway is built and for some reason the owner cannot build a house there after all—perhaps they cannot get water. There was some discussion that this was possible. There was considerable discussion about balancing the extensive intrusion resulting from the proposed drive and residence site with the objectives of minimal development in the Mountain & Forest Conservation District. The Board decided that in order to meet the objectives and intent of the Ordinance, the Master Plan, and the standards of section 10.50, that further residential development on the property should be restricted by the terms of a conservation
easement on the entire property. Walt Swift distributed a copy of a draft motion for approval of the special exceptions to the ZBA and public. The draft was read and discussed. Swift then called for amendments or changes to the motion.
Jim Poage made a motion to add section 1.34 – Interpretation of the Ordinance as a finding as a representation that municipalities and specifically the ZBA have the right to add restrictions greater than required by other regulations, ordinances, and state statutes. Ross McIntyre seconded the motion, and a vote showed Jim Poage, Ross McIntyre, and Walt Swift in favor of the finding. Jackie Glass and George Hartmann opposed the addition of this finding. The motion passed with a majority vote.
Jim Poage made a motion to include the note in Table 4.1 of the zoning ordinance that allows a single dwelling by right as a finding. Ross McIntyre seconded the motion, and unanimous agreement followed.
Jim Poage made a motion to include section 10.18 C. Special Exceptions as a finding to clarify that the ZBA could add appropriate conditions and safeguards to a special exception. Ross seconded the motion, and unanimous agreement followed.
Ross McIntyre made a motion to add section 3.32 Lots Crossed by District Lines as a finding. Jim Poage seconded the motion, and unanimous agreement followed.
Several conditions were made: 1.) meet Fire Chief conditions per his letter dated 02/17/04; 2.) provide requirements for constant supervision by an engineer during driveway construction to insure proper erosion controls which is less than recommended by Vicki Smith as representative of the Planning Board but seemed more reasonable to the ZBA members since Rod Finley stated he had altered his design to meet some of Vicki Smith’s suggestions; 3.) carry out all recommendations of the NH Fish & Game Wildlife Biologist; 4.) limit the driveway to serve only one lot though the ordinance allowed it to serve two lots; and 5.) require a conservation easement on the entire lot excluding a development area. The easement shall limit future development on the lot to a single residence (and accessory structures) within
the development area to be negotiated between the applicant and the easement holder and requiring the implementation of a forestry and management plan for the property.
Walt Swift made a motion to approve the special exceptions under the amended motion. George Hartmann seconded the motion. A vote showed that Walt Swift, George Hartmann, Jackie Glass, and Ross McIntyre were in favor of the motion, and Jim Poage opposed.
Dave Rayment asked where he should send the draft conservation easement for approval. The Board determined it should go to the Selectboard. Dave Roby stated the ZBA made the conditions and they should review it first. Walt Swift made a motion to have Victoria Davis, Planning & Zoning Administrator review the draft easement for compliance with conditions and if there are any questions, bring it back to the ZBA. Ross McIntyre seconded the motion, and unanimous agreement followed. It will be up to the Selectboard to determine if the proposed conservation easement holder is acceptable.
Officer Elections:
Walt Swift made a motion to elect George Hartmann as chair. Alan Greatorex seconded the motion, and unanimous agreement followed. Walt Swift made a motion to elect Alan Greatorex as Vice-Chair. George Hartmann seconded the motion, and unanimous agreement followed.
The meeting adjourned at 10:30 PM.
Respectfully submitted,
Victoria Davis, Planning & Zoning Administrator
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