Lyme Zoning Board of Adjustment
Minutes: July 21, 2005
Board members: Present - George Hartmann, Chair; Alan Greatorex, Vice Chair; Jim Poage
Absent -Walter Swift, Ross McIntyre
Alternate members: Present - Marcia Armstrong, Margot Maddock
Absent - Jackie Glass
Staff: Adair Mulligan, recorder
Public: Chris Clapp, Bob and Sally Barnum, Maryanne and Hoyt Alverson, Julie McCutcheon
Chairman Hartmann asked Margot Maddock and Marcia Armstrong to sit as regular members.
Lyme Nursery School, Applicant, Permit Application 2005-064, M402/L51
Project: to add a bell tower and deck at 155 Dartmouth College Highway.
Lyme Nursery School proposes to add on to a new school building in the Rural District. This requires a special exception under section 8.25 to exceed the maximum building footprint. In October 2004, the ZBA granted a special exception to build a school on a small lot with a trailer as well as annex a small piece of land. The school received a special exception under section 8.25 to exceed the existing footprint by 791 square feet. This leaves 219 square feet for further expansion, and their proposal is for a 130 square foot bell tower. The proposed deck does not count toward footprint, and there are no issues with respect to lot coverage. Julie McCutcheon explained that the building design had been condensed to 1700 sf, but that the school had not applied for a bell tower over a porch. Jim
asked if either addition would intrude into a setback. Julie said it would not.
Deliberations: Alan moved to grant a special exception under section 8.25 to approve the bell tower and deck. Findings are that the lot coverage is not an issue. The building is allowed to expand by 219 sf, and the proposal is for 130 sf, leaving 89 sf for future expansion. There are no intrusions into the setbacks or Shoreland Conservation District. There were no abutters present. Conditions of 10.50 are met. A hearing was held previously that explored the building plans. A 75 sf deck will not affect footprint because it is not covered. The building footprint is affected by the tower but not by the deck. Best construction practices will be used. The motion was seconded by Marcia and it passed unanimously.
Robert and Sally Barnum, Applicants, Permit Application 2005-056, M402/L99 & 100
Project: to add on to their house at 155 River Road.
Jim moved to reopen the hearing continued from June 16. Margot seconded the motion and it passed unanimously.
Bob and Sally Barnum propose to add on to their house in the Rural District. They are requesting a variance to exceed the maximum building footprint and build within the Shoreland and Flood Prone Area Conservation District from sections 5.1, 4.63, and 4.65 of the zoning ordinance. They are planning to merge their two lots (99 and 100) and annex half of an abutter’s lot (Map 402, Lot 98) and request to add the footprint allowance from the abutter’s structures (to be removed) to their own house. George read from the previous meeting’s minutes, as follows: “Jim said that the proposal is a dangerous one, and would set a precedent because it is based on transferring footprint from one lot to another. However, a proposal to build on a simple 2.3 acre lot could be done with a variance. Marcia agreed
and reminded that the Planning Board has to do a lot line adjustment first. George said that the PB has agreed informally to do this, and agreed with Jim that transferring footprint would be entering uncharted waters that would best be avoided. Alan asked what square footage could be built on the individual lots. The answer was not known. George asked how the floodplain issue could be addressed, and asked for the delineation of the 100 year floodplain. Bob said he could ask Charlie Hirshberg to survey this line, since he has already surveyed Lot 98. Alan said that the Shoreland Conservation District also needs to be delineated. The board voted unanimously, on a motion by Marcia seconded by Jim, to table the discussion until the next meeting or when more information on the floodplain location could be provided. Adair Mulligan noted that while the town can permit building within the town’s 200' Shoreland Conservation District, it cannot issue a variance to the state’s
Shoreland Protection District, which includes a 50' building setback and retention of a 150' natural shoreland buffer.”
Bob said that he had Charlie Hirshberg survey the lot, and also produced his septic permit. The 100 year floodplain is at the 398.5 foot elevation, and cuts under part of the existing cottage. The land around it is all within 6-12 inches of the line, and Bob thought it would be easy to build above the floodplain elevation. The Lyme Shoreland Conservation District covers most of all three lots. The septic system was permitted as a 3 bedroom system, but was built and installed as a 4 bedroom system. Bob said that Charlie told him it would be easy to re-permit it as a 4 bedroom system. George asked how many bedrooms are planned. Bob said one on the first floor and possibly two on the second. George asked about the existing house. Bob said he will either include the cottage
in the new house or replace it. It is on piers and has no foundation, and was built as a camp of 700 sf. He added that there had been a 48 sf addition, leaving 952 sf remaining of the 1000 sf expansion allowance. He reminded that the resulting combined lot is comparatively large. He would remove the two sheds and probably the cottage, and end up with 3025 sf, all out of the floodplain or built above the floodplain. Questions ensued about the state shoreland setback and it was determined that if the house is more than 50feet back from the reference line, it will comply. Bob said he would remove the cottage so that there would not be two separate dwellings.
Deliberations: George said that the Barnums have been responsive to what the board asked them to do. Jim asked about procedural steps, and advised that the lot line adjustment would have to happen first. George suggested granting a variance for a certain number of square feet on a total lot of a certain size, with the Barnums then getting the lot surveyed, and going to the Planning Board for a lot line adjustment. The board agreed with that approach. Jim moved to grant a variance from the dimensional requirements of section 5.1 to permit the Barnums to build a structure plus accessory buildings totaling approximately 3050 sf on a lot to be composed of Lot 100, Lot 99, and half of Lot 98, totaling approximately 2.32 acres. Findings of fact are that the combined 2.32 acre lot is subject to conservation district
reductions that leave 0.51 acres for lot size. This leaves a deficit of 2248 sf, leaving virtually no room for expansion of the building footprint. The building proposed is largely outside the 100 year floodplain, with a few square feet inside. Because of the topography, it will be easy to accommodate changes in the house to move it above the floodplain. The proposed structure does not conflict with the state Shoreland Protection Ordinance since it is outside the 50 foot building setback. There is no other place on the lot to build outside the Shoreland Conservation District. On prior hearings, there were no objections from abutters and others spoke in favor, especially with regard to cleaning up and not developing Lot 98. The Conservation Commission supports the project. It is the belief of the board that upon completion of the lot line adjustment, the conditions of section 10.60 will have been met. Not granting the variance would be a hardship for the current owner of lot 98, and
the project will enhance area property values. All members agreed on all five points of section 10.60.
Conditions include approval of the lot merger by the Planning Board and the building permit will depend upon a complete set of site plans. Marcia seconded the motion and it was passed unanimously. Bob asked about a time limit, and indicated that he would have to buy the land first, and sell his current house. Construction may not start for two years.
Christopher and Ashley Clapp, Applicants, Permit Application 2005-058, M409/L79
Project: to build a residence at 62 Baker Hill Road and a driveway over a right of way to the lot.
Jim moved to reopen the hearing continued from June 16. Margot seconded the motion and it passed unanimously.
The Clapps propose to build a house on land owned by Peter & Betsy Hoover within the Rural District. This requires a special exception under 8.31 of the zoning ordinance to build on a vacant legally nonconforming lot, 4.64 to build within the Agricultural Soils Conservation District, and 4.51 to build an access way to the lot within the Wetlands Conservation District. This lot was approved by the Planning Board in 1977. It has no road frontage, but a 60’ right of way was designated on the plan from Baker Hill Road. There was no provision for “lot size averaging” or “cluster subdivisions” at that time since zoning had not been adopted yet—so it is a nonconforming vacant lot under section 8.31. The Town maps show substantial hydric soils along the proposed
right of way as well as on a neighboring property with the buffer extending a bit onto the lot in question. The Conservation Commission and P& Z Administrator visited the site, and there are substantial wetlands along much of the right of way area which are of concern.
George read aloud the minutes of the previous meeting, as follows “ Time constraints prompted a discussion on tabling the case. Allan suggested that the applicant come back to the board with a plan on how he would deal with the wetland issue. George suggested that the applicant may wish to enlist Pathway’s help now rather than later, in order to get the approvals he is seeking. The board voted unanimously to table discussion on the application until the next meeting on a motion by Jim, seconded by Alan.”
Chris reported that he had done considerable research with the state, Pathways Consulting, and Vickie Davis. He discovered that the permitting entails significant cost. He is still under a purchase and sales agreement that is conditional upon approvals. He said he is not certain that he wants to go further in spending money to seek a state approval if he is not also assured that he will get town approval. He has been told that he needs to have the wetlands delineated. Alan said that the ZBA could not give ironclad approval before more information is submitted. Jim said the board owes it to the town to see what the plan is before it is approved. Alan advised seeking a state permit by meeting town requirements. He reviewed the ordinance section 4.61B3. George asked Chris
if Pathways had said that if the project received state approval it would also pass the town’s requirements. Chris said yes. Alan said that Pathways has more expertise than most members of the board. Chris said he knew from the visit by the Conservation Commission that there are wetlands on the right of way. George asked what else would be needed for the board to grant a special exception conditional upon state approval. Jim said that a plan must be reviewed. He and Alan were reluctant to approve without seeing such a plan. Jim agreed that the right of way is the major issue, not the building on the lot. Marcia wanted more information on the differences between state and local regulations.
George said that the board needs to give the planning and zoning administrator guidance as to what information the board needs on issues such as this in order to grant special exceptions conditional upon state approval. Jim said that a plan always must be submitted. Alan said that Vickie could tell an applicant that they would probably get ZBA approval if they get a state permit while following town requirements, but a plan would always be necessary. General agreement followed.
Chris said he understood the need to see where the second part of the right of way would go and how this would be accomplished. He said he will probably begin with a pre-application meeting with DES, and go by the town’s more stringent rules. Marcia moved to table the application until the applicant decided to move foward and could provide further information. This was seconded by Alan and approved unanimously.
Meeting adjourned 9:20 pm.
Respectfully submitted,
Adair Mulligan, Recorder
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