Lyme Zoning Board of Adjustment
Minutes: March 16, 2006
Board members: Present - George Hartmann, Chair; Alan Greatorex, Vice Chair; Walter Swift, Jim Poage, Ross McIntyre
Alternate members: Present - Margot Maddock, Marcia Armstrong
Staff: Vickie Davis, Zoning Administrator; Adair Mulligan, recorder
Public: Connie and Kassie Wilmot, Julia Elder, Ben Kilham, Rod Finley, Jeanie McIntyre, Geoff Little, Helen and John Skelly, Cathy Johnston, Sue Melendy
Deferred action on the minutes of the January 19 meeting because they had not been sent out. George opened the nominations for chair, and nominated Alan. Ross seconded the nomination. Alan was elected chair on four votes of the regular members and none against; he abstained. The Board voted to commend George for his valued, dedicated service over the last year, on a motion by Walter seconded by all the rest. George nominated Ross as vice chair; Walter seconded. Ross noted he will be away for the April and May meetings. Ross was elected vice chair on a positive vote by four members, with Ross voting nay.
Discussed the recent Lyme ListServ exchange regarding public participation in planning and voting. Ross pointed out that the law directs a process for developing zoning amendments through the elected Planning Board. Agreed that there has usually been little public interest in zoning amendments.
Connie Wilmot, Applicant, Permit Application 2006-002, M409 L48
Project: rebuilt home at 188 Dorchester Road.
Chairman Greatorex opened the continuation of the hearing on this project. Connie’s house recently burned. She proposes to replace her home with a home with a larger footprint in the Lyme Center District. A variance is required to exceed the maximum building footprint. A special exception is required under section 8.22 and 8.24 to encroach into the road setback and conservation districts. Vickie presented new information: that Rod Finley’s investigations showed that the house will NOT be in the flood plain—this is documented with an engineer’s seal in the file. Also, a 1972 State approved septic system design for a three-bedroom house was found. Therefore, Connie is not required to meet the flood plain regulations or design another septic system.
Connie presented a number of designs and layouts for various options. She had a design for a stick-built cape style house measuring 24' x 32', but did not yet have costs. She believes the cost will be higher than for a modular home. Vickie said that the 25' x 29' dimensions of the original house came from the tax card. Connie continued that there were three house designs in her budget. Her earlier choice was 26'8" x 52', or 1387 sf. Others are 1136 sf for the Winfield model and 1248 sf for the Phoenix model. The original pre-zoning house had a footprint of 725sf, and in the Lyme Center District, an additional 500 sf is allowed by special exception. The Phoenix model would exceed this by 23 sf, so a variance is required. Ross said that the situation deserved
flexibility because of the fire. Jim and Alan agreed. Connie said that the state has asked her to move her driveway, because it is a hazard in winter. She will pull the driveway into the yard where the pool is now.
Julia Elder asked about the timeframe for removing the burned house, since there are several neighbors in the area with breathing problems. Connie said it will take 4-6 weeks to put in the new house. Julia presented an early 1900s photo of the house. Connie said that the house was a blacksmith shop near the Rich Insurance building and was moved to this location. After a previous fire, the second floor was added.
Deliberations: Ross moved to grant a variance from section 8.24C for construction of a modular home on the lot, noting that Connie Wilmot is the owner of a pre-zoning house and lot which includes a house destroyed by fire. The building was located on a lot fronted by Dorchester Road, and restricted by Grant Brook to the south. The house is out of the 100 year floodplain as determined by Pathways Consulting. The previous house does lie within the shoreland conservation district and the front setback. A state-approved septic design for a three bedroom house is in place. Connie proposes to reconstruct the house with modular construction, which is necessary to keep the cost within budget, and which will serve the needs of the family. The proposed house has a footprint that is 523 sf more than the current house, and
requires a variance. An additional 500 sf would be allowed in the district, so the total in excess is 23 sf. Given the compelling hardship issues from the fire and the minimal excess over 500sf, and the fact that no abutters were present or raised any issues, he believed the variance should be granted. Replacing the home in the same location makes a special exception logical for the front setback (section 8.23B) and shoreland conservation district (section 8.22). Requirements of section 10.60 have been met for the variance, and of section 10.50 for the special exceptions. A special exception is granted for section 8.25A for lot coverage. The lot coverage will increase by 243 sf with the new home, leaving 193 sf remainder. Conditions include use of best construction practices to minimize erosion and sedimentation, because of the nearness of Grant Brook. Walter noted that the conservation commission had visited the site, and advised that if the site was proposed for new
development, it would recommend against building there, or if it was in the floodplain. Walter seconded the motion and it passed unanimously.
Alan advised Connie that the existing house could be demolished at any time, but that the public has 30 days to object to the decision. Vickie said that a driveway design and permit are needed, and that she believed the modular home would meet the state’s energy requirement. Ross advised Connie that a modular home on River Road may soon be removed, and that she might check it out to see if it would fit her needs and the size home approved for her lot.
Ben Kilham, Applicant, Permit Application 2006-008, M413 L14
Project: remove entryway and connect camp and house with connector at 172 Grafton Turnpike.
Ben Kilham proposes to put a breezeway on his house in the East Lyme District. This requires a special exception to build within the Ridgeline & Hillside Conservation District under section 4.66 of the zoning ordinance. The recently passed zoning amendment shows the proposal within the district. Vickie said she did not find any other reason to review this case. Ben noted that the connector would be camouflaged between two buildings. Ross said that there are already two buildings there, and the roof line of the connector will not exceed that of the house. The connector will be 10' x 26' long. Vickie noted that Ben will suggest an amendment to the zoning ordinance to deal with such situations. There was no comment by the public.
Deliberations: Ross said there would be no significant change to the appearance, and that the space is not easily viewed. Jim moved to grant a special exception to section 4.66 to permit a connection between two existing structures in the East Lyme District. The two buildings are set back in all directions on the 105 acre lot, which would allow a building up to 7000 sf. The overall dimension of the connector will be 260 sf, plus 2420 sf of other existing buildings. There is no dimensional requirement for this special exception, but the Ridgeline & Hillside Conservation District requires a special exception for no visual impact. Ross seconded the motion. Walter questioned whether a special exception is required for this because the use is allowed in the underlying district, and the language of the ordinance
is confusing. George suggested that because it is for a house, which is not a listed use, it needs a special exception. Alan advised that the philosophical discussion of this point could wait for another time. The motion carried on a positive vote by four members, none against, with Walter abstaining.
John Fowler, Applicant, Permit Application 2006-007, M416 L20
Project: build home, drive, and septic system, relocate two barns, and remove shed at 25 Pony Hill Lane.
Ross noted that his daughter is an abutter, and recused himself. Alan appointed Marcia to sit as a regular member.
Vickie presented the case. John Fowler proposes to relocate two barns, construct new house to replace demolished home, and install new septic system in the Rural District. This requires a special exception to build within the proposed Ridgeline & Hillside, the Agricultural Soils, and the Wetlands Conservation Districts under sections 4.66, 4.61, and 4.64. There is an Administrative Appeal from the applicant that a special exception is not required for the Ridgeline & Hillside or Agricultural Soils District. Vickie advised that Rod Finley’s argument that the house will not be in the Ridgeline & Hillside District is based upon the old definition and not the newly adopted definition that is simply the map. She said it is unfortunate that the Planning Board did not document how
they arrived at the district, but reported from their meetings that it is 300’ from a road in any questionable cases like this one. The house is not within 300’ of the road. The Conservation Commission has looked at the site. Rod later said that the commission’s recommendations were acceptable.
Rod presented the plans for the property. The former house was torn down approximately 2 years ago. He has drawn a building zone with a 200' radius around the house foundation. Pony Hill Road is a town road. The barns are within 300' of the road, and will be moved. Helen Skelly noted that the beams and planks from the early house were saved at demolition. Rod said he looked to create a gravity septic system, noting that the soils are Berkshire agricultural soils, but there is one area where the slope is too steep to be classified as such. There are also wetlands in several places. The septic field will be set into this sloped area, meeting all wetlands setbacks except one. The field will take two days to build and seed over. Walter asked about the old septic system.
Helen said there had been a three-holer, later a flush toilet, but members guessed that there had been no formal septic system. In answer to John Skelly’s question, Rod said that no topography would be changed except at the septic system, which would be an extension of an existing plateau rather than a mound. The small barn will move 60'. Alan asked about the length of time the earlier house had been gone. Vickie said that it had always been the owner’s intent to rebuild.
Rod said that the first floor of the earlier house was at elevation 498, and the new house would be at 489, with similar heights (one and a half stories) proposed, so the new roof line would be 10 feet lower than the old one. The new house would have a footprint of 3215 sf. Helen asked what limits would be imposed on house size. Jim said that the limit is based on lot size and so would be 7000 sf. Jeanie McIntyre asked if there are assurances that the plan presented would be the one built. Jim said that the approval would be based on this plan. Walter asked about the roof line of the barns. Rod said that the barns are those already on the site, although one will be lifted. There are large cupolas proposed, which will bring them 36 ½ feet above grade.
Vickie noted that the height limit is 35', but Jim said that agricultural structures are exempt from height limits. Rod said that the agricultural soils would be disturbed only for the installation of the pipe to the leach field, and once the pipe is covered, could be used as ag soils.
Jim asked for public comment. Helen said she did not think that the project as presented would be offensive. She had been concerned about possible relocation of the driveway and whether car headlights would shine in her home across the road. Jeanie said that she had been concerned that the house would be placed higher on the hillside, which would have had a very negative impact. Helen noted that her view had opened up with the earlier house gone, but that the proposal seemed reasonable. Alan asked whether the lot straddled the Rural and Mountain Districts. Vickie said that it does but that all development would be in the Rural District. Walter asked if there were wetlands or other physical features that would prevent locating in the same house location. Rod said that
there was a desire to attach the barns and to line up the house with the stone wall. The septic design has been approved by the state.
Jim asked what will intrude into the wetland buffer. Rod said that the septic system will not, but that the fill for the slope will. The state approves leach fields set back 75' from wetlands. The conservation commission’s letter says that the project will not have an impact if the fill does not extend to the tree line. John Skelly asked about septic vents. Rod said that he will recommend two, but that most people take them out.
Deliberations: Jim said he did not think that the pipe should be considered an intrusion into ag soils, and that the public did not appear particularly concerned about this intrusion in the Ridgeline & Hillside District. Marcia said she thought the members of the public present were reassured by what they saw. Geoff Little noted that it is a sheltered site. Walter said he did not see the need for a special exception for the Ridgeline & Hillside District.
George moved to issue a permit to construct the new house and move two barns in the Rural District, and to grant a special exception under section 4.66 for the Ridgeline & Hillside District, based on testimony from neighbors, who had no significant objection. He moved to grant a special exception under section 4.61 for the wetland buffer because it will be disturbed by excavation. The conservation commission has no objection. Conditions of section 10.50 have been met. Agricultural buildings are exempt from the 35' height limit. The setback requirements in the Rural District have been met. The house footprint will be 3215 sf. Conditions include those recommended by the conservation commission: that the wooded portion of the wetland buffer will remain undisturbed, and
no equipment will operate there. The mound should be mulched and seeded immediately after construction to prevent siltation of the wooded section of the buffer. The wooded area next to the mowed field contains several dead and/or dying poplars and some trash which should be removed. Replacing these unhealthy trees with wetland appropriate vegetation (that will not be mowed) will provide the wetland with additional protection. The project will be built essentially as shown on the applicant’s materials, and using best construction practices. Jim seconded the motion, and it passed with four members voting in favor, none against, and Walter abstaining.
Walter moved to grant an Administrative Appeal based on testimony that the installation of the pipe to the septic field will not interfere with agricultural use. Marcia seconded the motion, and it passed unanimously.
George moved to deny the Administrative appeal that the house is not in the Ridgeline & Hillside District, because Vickie determined that it is located there, based on the newly adopted map of the district. Marcia seconded the motion, and it passed unanimously.
Ross observed that the map is a good idea, but that the board should discuss conditions for approvals.
Meeting adjourned 9:44 pm.
Respectfully submitted,
Adair Mulligan, Recorder
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