Lyme Zoning Board of Adjustment
Minutes: October 19, 2006
Board members: Present - Alan Greatorex, Chair; George Hartmann, Jim Poage
Absent - Walter Swift, Ross McIntyre
Alternate members: Present - Marcia Armstrong, Margot Maddock, Frank Bowles
Staff: Vickie Davis, Zoning Administrator; Adair Mulligan, recorder
Public: Shaun O’Keefe, Ben Barrowes, John Beesley, Sam Levy, David Hyerle, John Billings, Gordon Beesley
Alan appointed Marcia and Margot to sit as regular members.
Minutes of the June meeting were approved as amended on a motion by Marcia, seconded by Alan.
Shaun O’Keefe, Applicant, Permit Application 2006 - 177, Map 409, Lot 22
Project: move garage and shed to better drained area at 45 Acorn Hill Road.
Shaun O’Keefe proposes to move an existing shed and an existing garage out of a drainage area on his property in the Rural District. The proposed location of the garage is partially within the road setback. This requires a special exception under section 8.23 of the zoning ordinance. Shaun read a letter from an abutter, expressing support for the project. He explained he had had a permit to fix the floor and remove the bank behind the garage, but when he began work, discovered a spring behind the garage that had led to deterioration. He had been told it would cost $20,000 to redo the floor, and $7,000 to move the garage. The area of the original site will be graveled over. Vickie has visited the site and confirmed that it is not in the steep slopes area. The garage will be moved to the north and
somewhat closer to the road. Jim Poage pointed out that the house was built before zoning, and so it and the garage are grand fathered for footprint. Deliberations: Margot moved to grant special exceptions under section 8.23 of the March 16, 2006 version of the Lyme Zoning Ordinance to move the garage and shed. The proposed location is within the road setback but is using only 273 sf of the 1000 foot allowance of intrusion into the setback, leaving a remainder of 727 for future development. A letter from an abutter expresses support. Testimony has been received that it would be nearly three times more expensive to rebuild the garage on its present site. The shed is being moved outside of the conservation districts. The house was built before zoning was enacted. Conditions of section 10.40 have been met. Marcia seconded the motion and it was passed unanimously.
Ben Barrowes, Applicant, Permit Application 2006 - 182, Map 401, Lot 27
Project: build new home at 32 Pelton Lane.
Ben Barrowes proposes to build a house and garage on the property of John Beesley in the Rural District. He is applying for an administrative appeal to a decision that a special exception to cross the Agricultural Soils Conservation District under 4.64 of the zoning ordinance is needed. He is also applying for the special exception if the administrative appeal is denied as well as a special exception to build within the Hillside and Ridgeline Conservation District under section 4.66. Ben feels there is a driveway on this property already, although the Zoning Administrator not find a permit for a driveway. A permit was issued to build a house on this lot, but it was later “revoked.” Vickie suspects it was simply “withdrawn” as there was no ZBA hearing or memo indicated
why it would be “revoked” for any other reason.
Ben displayed photos that indicated a passageway for a vehicle, going to the proposed house site. There is a private road that goes to the edge of the lot, and the drive serves only this lot. Vickie added that this is part of a planning board-approved subdivision.
The Board turned attention to the issue of the administrative appeal relative to the driveway. John Beesley said he bought the property in 1991, got a septic system design and building permit approved, and then stopped because he found another building site on another property. He said that the driveway was in place when he bought the land. George asked if the drive was there in 1989 when zoning was passed. John said that Sonny Menard had owned the land. Sam Levy said it was clear that the drive can accommodate a car, but that there is a low point that collects water. Jim noted that the drive crosses agricultural soils and asked if it required an easement on the rest of the ag soils on the lot. Alan asked those in attendance (neighbors and abutters) for comment on the
driveway issue, and there were none.
Deliberations: George said he suspected that the drive had been in existence before zoning, and other members agreed, although they acknowledged they had no hard evidence of this. George moved that because it appears that the drive was in existence before zoning, a special exception is not needed to cross agricultural soils. Abutters were present but had no comment. Jim seconded the motion and it passed unanimously.
The Board came out of deliberations to discuss siting in the Hillside and Ridgeline Conservation District. Jim noted that only the driveway is in ag soils, not the building site. Ben distributed a series of photos taken from various points in the area with the view angle marked on attached maps, to show that he believed the building could not be seen from a public road. Frank asked about the elevation of the building site. It will be at 1030 feet. A new septic system design will be necessary because of elapsed time since the original design had been approved, since septic rules may have changed. It was agreed that the building site is not in the steep slopes area. Frank said that the actual ridgeline is off the property. Vickie explained how the Planning Board created
the map. Alan said he didn’t think the building would be seen under present conditions, but that the board must consider what happens if the trees are cut or blow down.
Ben said that there is an area that had been cleared for a house in 1991, but that he preferred to build farther south, and more in the trees. George suggested a site visit and placing conditions on the permit that the trees are not to be cut. Ben said he plans to build next summer and fall, and that a delay is acceptable. He plans a house 36' x 40', 2 stories, with a grass roof, that would be 18-20 feet off the ground.
Sam Levy read a letter from Ben and Amy Nichols, who could not attend the hearing. They expressed concern about ledge present on the site and the potential effect of blasting on nearby wells, as well as concern about conservation of wildlife habitat, agricultural soils, ridgelines, and the cost to taxpayers of increasing development. Ben noted that he preferred not to blast, and plans a partial basement or pier set into the rock if necessary. John Billings noted that one of the photos was taken from his driveway, and that he didn’t think he would see the house. He said he had no objection. David Hyerle said that his concerns have been alleviated by the plan to site the house away from the ledge. He said he appreciates the low impact design and asked if trees would
be taken down for solar gain. Ben said that he will take some down on the south side of the house to create a small yard of less than an acre. He will not clear on the north side of the house. He has a web site with the house described on it, and Vickie will send out the web address. Jim suggested a site visit when the leaves are off, and will hope to identify the building envelope. Alan asked abutters and neighbors for further comments. There were no concerns expressed. Jim moved to table the hearing to November 16 at 7:35 pm. George seconded the motion and it passed unanimously.
Minutes of the August 17 meeting were approved on a motion by Marcia seconded by Alan, with George abstaining.
Meeting adjourned 9:00 pm.
Respectfully submitted,
Adair Mulligan, Recorder
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