Lyme Zoning Board of Adjustment
Minutes: January 20, 2005
Board members: Present - Alan Greatorex, Vice Chair, Walter Swift, Jim Poage, Ross McIntyre Absent - George Hartmann, Chair Alternate members: Present - Marcia Armstrong, Margot Maddock Absent -Jackie Glass Staff: Vickie Davis, Zoning Administrator; Adair Mulligan, recorder
Public: Mary Ellen and Trent Toensing, Patty Jenks, Frank Gould
Minutes of the October 23, 2004 meeting were approved on a motion by Walt, seconded by Jim. Minutes of the October 27, 2004 meeting were approved on a motion by Marcia, seconded by Jim. Minutes of the November 18, 2004 meeting were approved on a motion by Ross, seconded by Jim. Vickie displayed a draft map of the Hillside and Ridgeline District prepared by Dan Karnes. The Planning Board will work on that section of the ordinance next year.
Mary Ellen and Trent Toensing, Applicants, Permit Application 2005-002 -M415/L20.3
Project: to change the dimensions of an addition at 84 Pout Pond Lane.
Alan appointed Marcia Armstrong to sit as a regular member. The Toensings came before the ZBA on March 18, 2004 to add on to their house in the Rural District and received a special exception to encroach into the road setback under section 8.22 of the zoning ordinance. When they prepared to begin construction, they decided they needed 38 additional square feet to add to the kitchen to make it practical. Walter noted that the map used in the March 2004 hearing had an inaccuracy on it indicating an 8' dimension that should have been 12'. The board attempted to reconcile the figures of what was approved and checked the minutes. It was noted that a 28 sf portion of the sun porch that had been approved had not been built. Ross clarified that the starting point should be 232 sf plus 33 sf. Walter clarified this further,
finding that the old proposal of 12' x 16' was now 12.6' x 16' = an additional 8 sf.
Trent apologized for coming back to the board and reminded that the house had been a summer camp that they had chosen to alter to a permanent home, rather than tear it down and build a larger new home. He explained that after they had gotten help with kitchen design, they realized they needed to go out 4'6" from the original wall rather than the 2'9" for which they had a permit. He said that the bay window shown on the design would not be used.
Walter moved to grant a special exception to permit the addition based on the plan revised January 5, 2005. Findings of fact include that there are no changes in the conditions applying to the articles of the zoning ordinance, and that there are only dimensional changes to the plans of March, 2004. A review of the drawing shows a net increase in square footage of 48.6 sf. The bay window shown is to be deleted, and a straight wall used. The total square footage of encroachment into the road setback is now 576.6 sf, leaving a balance of 423.4sf for future encroachment. Ross seconded the motion, and it passed unanimously.
Derby Mountain Construction, Applicant for Philip Pochoda, Permit Application 2005-006 M409/L51
Project: to replace a septic system at 11 Baker Hill Road.
Alan appointed Margot Maddock to sit as a regular member. Derby Mountain proposes to build a septic system in the Rural District. This requires a special exception to encroach into the road setback under section 8.22 of the zoning ordinance. The site is not in any conservation districts. The location was chosen to prevent destruction of an existing apple orchard. Walter noted that the system is a replacement. Abutter Frank Gould examined the plans and said he did not see any conflict with his situation. Attention turned to distance from the brook on the opposite side of Baker Hill Road, which Alan confirmed is a year-round stream, although it sometimes goes nearly dry in August.
Walter pointed out that section 5.13 D of the ordinance requires a minimum distance of at least 100' from a brook, and noted that the plan was unclear about the distance of the septic field to this brook. Alan noted that the soil is a Berkshire soil, which does not present a concern. Walter said that the designer should confirm that the edge of the septic field is at least 100' from the brook and that it should be so marked on the plan. Patty, representing Derby Mountain Construction, accepted a suggestion to table until the next meeting so that confirmation or a design change could be sought from the septic designer. Voted unanimously to table the hearing until the next scheduled meeting in February, on a motion by Ross seconded by Jim.
Meeting adjourned 8:32 pm.
Respectfully submitted, Adair Mulligan, Recorder
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