Lyme Zoning Board of Adjustment
Minutes: November 15, 2007
Board members: Present - Alan Greatorex, Chair; George Hartmann, Jim Poage, Walter Swift
Absent -Ross McIntyre
Alternate members: Present - Margot Maddock
Absent - Jane Fant, Frank Bowles
Staff: Adair Mulligan, recorder
Public: Luc Beaubien, Gerald Movelle
Luc Beaubien, Applicant, Permit Application 2007-094, Map 408 Lot 47.1
Project: permit existing telecommunications tower and extend it 30 feet at 36 Horton Lane.
Walter recused himself because of a potential conflict. Alan appointed Margot to sit as a regular member. He advised the applicant that he is entitled to a five member board, and would require three votes in the affirmative.
Luc Beaubien of Finowen, representing Peter & Janice Treadwell, is requesting a special exception for the existing telecommunications tower and proposed 30’ extension at their property in the Rural District. The tower is located within the Ridgeline and Hillside Conservation District and the Steep Slopes Conservation District and a special exception is required under sections 4.66 and 4.62. The tower was installed several years ago without a permit. Section 4.62 B. states the application shall be referred to the Planning Board before a ZBA hearing is scheduled in the case of steep slopes. It was sent to them in the form of a site plan review application, but they won’t comment on it until their hearing on December 6th. I hope
you feel you can grant a conditional approval if appropriate.
The Zoning Administrator believes that a Site Plan Review and Conditional Use Approval are required as shown in section 12.10 of the main zoning ordinance document and Table 3.1 of the Telecommunications Ordinance. However, since the Treadwells’ entire lot is within the Ridgeline and Hillside Conservation District, a special exception is needed for this under section 4.66. Luc has provided photos of a “mock up” of the existing tower plus the proposed 30’. Luc distributed copies of a topographic profile he prepared using DeLorme Xmap 4.5 software. He did not
measure the site, but the profile shows less than a 20% grade. He said that Lyme’s ordinance comes down to a judgment about aesthetics. He said that when a pipe is added to raise the antenna, it will become visible. George asked that the answers provided in the background material be linked to the photographs. Jim asked if there was a permit for the first tower. Luc said it was built without the permitting process. George and Alan agreed that the Zoning Administrator’s handling of the situation was practical. Alan asked whether the board should continue now or take testimony after the Planning Board has reviewed it, which would allow the case to be heard when the full board can be present. Jim and Margot said they were uncomfortable with the sequencing otherwise. Walter explained that the project needs a
conditional use approval, which can only be granted by the Planning Board.
Luc noted that the original pole could not be seen, and was covered by growth. He passed out photographs showing the proposed extension. The pole in place is 20 feet, and he plans to add 10 feet more. Alan suggested that he evaluate the trees on the site and estimate how high they will get. George asked what improvement would be made in the service. Luc said that the signal can go through foliage but not through the rocky mass of the hill, and so customers on the north side of the hill suffered. It is a 900 mHz signal. Margot asked if it is subject to wind damage, given the effects of the Patriot’s Day windstorm on Acorn Hill. Luc said it was professionally built and withstood the winds. He said he did not want the tower visible from the Pinnacle, but that he now
has about 80 customers, and the tower’s ability is saturated. A second radio would double the capacity of the tower. The radios need to be separated by 20-30 feet so they do not interfere with each other. A third of the compass can be covered with the new radio.
Alan advised consulting Dick Jones on the steep slopes issue. The board voted to continue the hearing until the next meeting on December 20 at 7:30 pm, on a motion by George seconded by Margot.
Gerald Movelle, Applicant, Permit Application 2007-092, Map 407 Lot 14
Project: replace septic system and add basement to home at 53 Post Pond.
On behalf of Tara Greco, Gerald Movelle proposes to install a replacement septic system and jack up her camp in the Rural District to construct a full foundation. This requires a special exception to build within the Wetland and Shoreland Conservation Districts and encroach into the property setbacks under sections 8.24 and 8.22. The Town map shows a National Wetlands Buffer. Only a small part of the house is within this district. Almost the entire lot is within the Shoreland Conservation District (within 200’ of Post Pond). There is no record of a septic system in the Town files. This is not uncommon for an old system. They would like to place a new system near the road. It will encroach entirely
into the road setback as well as the side setback and be within the Shoreland Conservation District. They would also like to put a foundation under the camp. Again, a small part is in the Wetlands Conservation District and all of it is within the Shoreland Conservation District. Footprint or lot coverage issues were not considered as the board does not consider a septic system to have a footprint and the foundation will go under an existing house and will not extend beyond the existing footprint.
Alan read the minutes of the November 6 meeting relative to this case. It was noted that the Zoning Administrator’s calculation of lot size, based on 0.67 acres rather than the accurate 0.47 acres, might be in error. He distributed copies of a letter received from the Conservation Commission. Gerald questioned the comments about a new driveway, saying that this had not been proposed. When the board drew his attention to the drawing, which indicated a new driveway and parking area that would require regrading and removal of the trees, he said that the drawing did not reflect what he had in mind, and thought perhaps that the septic designer had added it. He said that the owner intends to keep the existing drive near the south property line, and wants to keep the
rocky knoll and the trees growing on it. Adair, speaking as a member of the Conservation Commission, explained that the CC had visited the site and became concerned that if the changes indicated on the drawing were given a permit and built, they might violate the state’s Comprehensive Shoreland Protection Act, and both the applicant and the town could be in violation of state law. She said that the CC was very supportive of the proposal to upgrade the septic system. Alan suggested that if the leach field is moved slightly north, it would bring it further from the well, allow the existing drive to be kept, and still not get too close to the culvert. Gerald said he would get the drawing corrected and ask the designer to make this change, and added that the O’Donnell well is 80 feet from the test pit hole. He said that the state had sent him a letter with questions, which he has answered, and the state is now issuing a permit. He does
not think that a new plan will be necessary for the state. The system he plans is one that allows cars to be parked upon it. Walter pointed out that section 5.13 E3 allows a replacement system in the property line setback.
The board continued the hearing to its next regular meeting on December 20 at 8:10 pm, on a motion by George seconded by Walter.
Meeting adjourned 8:55 pm.
Respectfully submitted, Adair Mulligan, Recorder
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