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Lyme Zoning Board of Adjustment
Minutes: June 27, 2007
Board members: Present - Ross McIntyre, Vice Chair; Jim Poage, Walter Swift
Absent - Alan Greatorex, George Hartmann
Alternate members: Present - Margot Maddock, Jane Fant
Absent - Frank Bowles
Staff: Vickie Davis, Zoning Administrator; Adair Mulligan, recorder
Public: Bob and Denby Coyle, Will Pushee, Rod Finley, Tony Ryan, Sue Ryan, Nancy Elizabeth Grandine, Letitia Smith, Brian Cook, Nadia Gorman, Earl Strout, Sallie Ramsden, Luke Prince
Robert Coyle, Applicant, Permit Application 2007 - 006, Map 201, Lot 73
Project: convert first floor of Nichols Hardware store to restaurant and market at 5 Main Street.
Ross appointed Margot Maddock and Jane Fant to sit as regular members. He said that at the June 25 meeting, the Board had hoped that the applicant would come back with a design that would not require a variance. Bob Coyle thanked the board for holding a special meeting. Rod Finley reported that he and Bob had met with Vickie Davis earlier in the day and also had measured the distance to the various wells. He has redesigned the proposed septic system, moving it to the north outside the Chaffee well’s 400 foot radius. They also measured the Dowd’s well with Wayne Pike, and consider that the town’s map in Appendix E is inaccurate, and that the 400 foot radius does not extend onto the Nichols property. Rod continued that the applicant had decided to abandon the existing septic system and will install an
entirely new one that will meet all nitrate setbacks except for the Diebold property, where an easement will be required. The nitrate setbacks will be 105 feet from the system on the north side, 53 feet on the side toward Diebold’s, and 23 feet toward Route 10 but not off the property.
Rod concluded that a system could not be fit on the site to accommodate 40 seats in the restaurant, but could accommodate 37 at 40 gallons/day/seat. He will use a Presby Enviro-Septic System with a perc rate of two minutes per inch. The limiting factor on location is keeping nitrates off the Dowd’s property. Since the groundwater level is low in this area, he can layer two systems, one on top of the other. The state requires a minimum distance of 10 feet from the foundation, and the town requires a 20 foot setback from the side line. The distance will be 23 feet. He can fit four lines of pipes in each layer for a total of 8 lines. Rod concluded that because the new design meets requirements for both the side setback and the 400 foot well radius, there
is no longer a zoning issue. Vickie concurred.
The calculations are based upon the following number of occupants:
Restaurant |
40 gal/day/seat |
37 seats |
1480 gpd |
Food staff |
20 gal/day/employee |
6 employees |
120 gpd |
1 bedroom apartment |
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|
225 gpd |
Post office |
15 gal/day/employee |
3 employees |
45 gpd |
Bank |
15 gal/day/employee |
3 employees |
45 gpd |
Office without cafeteria |
15 gal/day/employee |
12 employees |
180 gpd |
Total Proposed Septic Usage |
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|
2095 gpd |
Walter asked what happens if the system fails. Rod said that the state would permit it to be rebuilt in place. Bob asked the board to accept his abandonment of the variance request. The board accepted.
Tony Ryan asked if the board should verify the numbers. Ross explained that the state must approve the system, and that in the past, the ZBA has not looked at the engineering of the systems, but left it to the state. Tony asked about the error in Appendix E. Jim said that the design conforms to the point where the inaccuracy in the map is irrelevant. Ross added that the town would need to confirm Rod’s finding and propose a revision for the next town meeting. Will asked whether there is room for future growth. Bob said that Vickie had encouraged him to plan for the maximum development at the site, which is why he asked for eight units, but said the site may never see the maximum use. Ross observed that the board must consider what eight units might look like should
the building be lost and reconstructed.
Meeting adjourned 7:55 PM.
Respectfully submitted,
Adair Mulligan, Recorder
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