The Planning Board administers the Subdivision Regulations, the Shoreland Zoning Ordinance, the Notification of Construction Ordinance, the Floodplain Management Ordinance, and the Resource Protection and Timber Harvesting Ordinance. Remember, that any harvest of over 25 cords requires a permit. There is no fee involved. Additionally, FairPoint New England and Central Maine Power Companies require Planning Board, or other town official, approval for any new service connections.

The Planning Board meets on the 4th Wednesday of each month at 7:00 p.m. at the Vienna Town House, Route 41, Vienna, Maine.

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JANUARY 23, 2008

As no quorum was present, no formal meeting was held in December.

The January meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Minutes of the November 28 meeting were read and accepted.

This meeting was not advertised as a public hearing despite the November decision to do so because the State has postponed the deadline for Shoreland Zoning Ordinance (SZO) updates until 2009. On learning this the board informally agreed to hold off on Vienna's update until then. At the present meeting this decision was formalized and the board agreed that this would allow it to continue to consider timber harvest standards and to consider the Comprehensive Plan, which is proposed for adoption at the March town meeting.

Creston and Waine were re-elected as secretary and chairman unanimously. The recruitment of an alternate was briefly discussed.

The interpretation of the SZO map and the location of steep Resource Protection Districts (RPDs) was discussed at length. Creston offered an informal written summary of his thoughts. The board agreed to continue this discussion next month; Creston will meanwhile contact Rich Baker and MMA for their thoughts.

The Van Woerts' proposal was discussed. In view of the aforementioned RPD discussion it was agreed that Creston should write to them saying that they should either pick a flatter spot for their proposed site, present acceptable evidence that the proposed site in fact slopes less than 20%, or wait until next month's discussion and the board's resolution of its RPD questions.

Creston will ask CEO John Archard about permits for construction apparently underway on the Paul Weckbacher property on Kimball Pond Rd (Map 3 lot 64).

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD FEBRUARY 27, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present were Kay and Ned Van Woert. Minutes of the January 23 meeting were read and accepted.

The Van Woerts advised the board that they would like to proceed with their Shoreland Zoning permit application as previously submitted rather than alter it. The board therefore agreed that, prior to considering their application, it should formally establish its policy regarding the zoning of steep areas not graphically depicted as Resource Protection Districts (RPDs) on the Shoreland Zoning Ordinance (SZO) map.

The board discussed this issue at length and reviewed correspondence from, and discussions with, DEP and MMA. Creston moved that, as operative planning board policy, the SZO map should henceforth be construed as placing in the RPD only those areas graphically depicted on the map as RPDs irrespective of the 20%/2 acre note on the map. This policy was adopted by a vote of 3 – 1 with one abstention.

The Van Woerts' proposal was then considered. Given the aforesaid policy, the proposed construction site falls within the Limited Residential zone under the SZO. The board made findings of fact as per p. 19 of the SZO, found the proposal conforming, and voted 4 – 0 (with one abstention) to authorize Creston to issue the usual permit by letter, subject to the usual conditions regarding silt fencing and to an emphasis on the owners' responsibility to see that the project meets the required setbacks.

In response to a query from Norma Wing it was agreed that the board's approved minutes can be published in the Vienna Record .

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MARCH 26, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present were Edwin and Marie Kohtala. Minutes of the February 27 meeting were read and accepted.

The Kohtalas requested a permit to cut more than 25 but less than 500 cords of wood, possibly for their own use. Creston will send them a Timber Harvest Ordinance copy and permit.

The board considered Bill MacDonald's letter of Feb 27, 2008 regarding his proposal to place 3 inches +/- of seeded loam over the area for which he previously received a permit to place crushed stone (see Shoreland Zoning Ordinance (SZO) permit dated Aug 28, 2006). The board was uncertain as to the proper interpretation of the SZO in this regard. Waine will discuss this matter with DEP and either respond to Mr MacDonald or report back to the board for further action.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD APRIL 23, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, and Creston Gaither. Minutes of the March 26 meeting were read and accepted.

Waine will contact DEP regarding Bill MacDonald's proposal (see March minutes).

Creston reported that Paul Weckbacher has obtained a Notification of Construction permit for his Kimball Pond Road construction (see January minutes).

Waine said that the board should begin considering the three timber harvest options in the proposed revised Shoreland Zoning Ordinance.

The meeting adjourned at 7:30 PM.

Creston Gaither, secretary

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No Meeting in May

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD
HELD JUNE 26, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Nanou Laliberte Bob Bassett, and Creston Gaither. Minutes of the April 23 meeting were read and accepted.

There was no quorum for the board’s May 28 meeting. Waine and Creston stayed at the Town House till 7:15 PM and received a request from Muffy Floyd for a timber harvest permit but conducted no formal business.

Waine has discussed Bill MacDonald’s proposal (see March and April minutes) with Rich Baker of DEP’s Shoreland Zoning office. Mr. Baker said Mr. MacDonald probably should have obtained an additional DEP permit for the crushed stone for which the board gave him a permit some time ago but gave no clear ruling on the present proposal. Creston and Waine wrote Mr. MacDonald a letter on May 14 outlining Mr. Baker’s thoughts and his permit options.

Creston will somewhat belatedly issue Muffy Floyd’s timber harvest permit.

The board reviewed an e-mail from Alan Williams, acting as agent for John Linscott and not as a planning board member, regarding proposed construction on Mr. Linscott’s Flying Pond parcel (tax map 10 lot 35-1) and requesting clarification of the status of this lot with regard to Shoreland Zoning Ordinance (SZO) requirements. Concerns about the lot’s pond frontage were raised. Differences were noted between this situation and a somewhat similar situation brought to the board by Bob Bassett some time ago; in the Bassett case construction within 250 feet of the pond in the non-conforming area was prohibited. Waine will discuss this with MMA after Creston notifies him as to the date of creation of the lot and the size of the parcel retained by the grantor, Arline Waite.

Waine, recusing himself, requested a permit for an 8’ dock on his Parker Pond parcel. As the proposal is minor and the board is generally familiar with the site the usual site visit was waived and the board voted to authorize Creston to issue the usual SZO permit by letter.

Numerous permits were processed and the Stakes’ CMP Co “pole permit” was approved and processed. Bob will forward it to CMP.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JULY 23, 2008

At 6:15 PM Waine Whittier, Alan Williams, Bob Bassett, and Creston Gaither visited sites on Kimball Pond regarding applicants Dennis Egan and Heidi Klemmer (tax map 3 lots 16 & 44 respectively).

The regular meeting convened at 7:00 PM at the Town House. Members present were as listed above and also Nanou Laliberte. Minutes of the June 25 meeting were read and accepted.

Dennis Egan's proposal to construct a shed on the aforesaid lot 16 was considered. Findings of fact were made as per p. 19 of the Shoreland Zoning Ordinance (SZO) and Creston was authorized to issue the usual permit by letter. Nanou abstained as he had not been present on site.

Heidi Klemmer's proposal to construct a deck on the existing cabin on the aforesaid lot 44 was considered. As the cabin is already non-conforming with the square footage requirements under the SZO, and its pondside portion is within 25 feet of the pond, it was agreed that the proposed deck would not be permissible. Bob is representing Klemmer and therefore recused himself from these deliberations. He will relay the board's findings to the applicant.

The Linscott parcel (map 10 lot 35-1) was discussed (see June minutes). Waine discussed this matter with attorney Becky Seel at MMA. The SZO states that its minimum frontage requirements apply to residential units, government facilities, and “recreational facilities,” so it appears that where there is no structure there is no frontage requirement. It thus appears that the Linscott parcel is not currently in violation of the SZO but that no structure could be placed thereon within the shoreland zone. It is conceivable that if the total frontage resulting from a combining of this lot with the adjoining lot (map 10 lot 41) exceeds 400 feet the titles could be combined and 2 structures could then be located within the shoreland zone (presumably counting the existing structure on lot 41). Alan said that he has already advised the prospective applicant to this effect. Since no formal application has been received, no formal action was taken.

Numerous permits were processed.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD AUGUST 27, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present were Jon Hambrick and Jonathan and Jesse Lawless. Minutes of the July 23 meeting were read and accepted.

Regarding his land on Davis Road ( tax map 2 lot 14E ) Jon Hambrick would like to expand his July 2 Timber Harvest Ordinance (THO) permit to allow for more than 500 cords to be harvested and would also like a Shoreland Zoning Ordinance (SZO) permit to construct a temporary bridge over the protected brook on his land to enable additional timber harvesting. He submitted a timber management plan, which the board reviewed along with the THO and the SZO. The board made findings of fact as per p. 19 of the SZO, and voted to authorize Creston to issue the usual permit by letter subject to three conditions: 1). work must conform with standards outlined in both ordinances, and the more restrictive ordinance is to control should there be a conflict between the two; 2). construction and use of the bridge will be restricted to times when the ground is frozen; 3). all work must conform with the timber harvest management plan as submitted to the board.

Creston then recused himself and he and Jesse Lawless presented a preliminary plan of Jesse's proposed subdivision of his land on Besse and Cumner Roads ( tax map 6 lot 92 ) into two lots. As the proposed impact is minimal and the proposal would have been exempt from municipal review requirements prior to 2004, the board decided to neither visit the site nor hold a public hearing. Findings of fact were made as per the Town's subdivision ordinance and M.R.S.A. Title 30-A § 4404. While not mandated, the board asked that abutters be notified that the board expects to approve the subdivision at its next meeting.

It was noted that on August 9 the board visited the Berthel site on Flying Pond ( tax map 11 lot 14-W) and advised Mr Berthel to submit a written application and sketch; however, to date neither has been received. The board has thus taken no formal action in this regard.

The board's approval of Bob Bassett's 2005 land division was reviewed with reference to an inquiry the board has received regarding docks on non-grandfathered lots without the frontage recited in the SZO standards. The 2005 approval appears to be silent as to docks. No application has been received so no formal action was taken.

Several permits were processed.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 24, 2008

At 6:30 PM regular members Waine Whittier, Bob Bassett, Nanou Laliberte, and Creston Gaither met with Jeff Wilbur at his Davis Pond site (tax map 6 lot 81) to discuss his proposal to construct an addition on the site of a barn, garage, and workshop which were dismantled this past winter. Rough taping indicated a distance of approximately 62 feet from the pond at one point, and the total area of existing living space appears to exceed 1500 sf.

The regular meeting convened at 7:00 PM at the Town House. Members present were as above plus Alan Williams, Ted Hunt, and Jonathan and Jesse Lawless. Minutes of the August 27 meeting were read and accepted.

Creston recused himself and then Mr. Hunt outlined his proposal to acquire a very small non-conforming parcel between Kimball Pond Road and Kimball Pond, it being a portion of tax map 3 lot 26. Waine outlined the Shoreland Zoning Ordinance (SZO) requirements and then his discussion of this matter with Rich Baker of DEP. Mr Baker said that a dock would and should be allowed on such lots and should not be considered a “recreational facility” such as would require the lot to meet minimum frontage and size standards. Mr Hunt was advised that a permit would nevertheless be required for a dock.

Selectman Dodi Thompson has asked the board about Wayne Russell's assertion, as part of his abatement request, that his small lot on the east side of Kimball Pond was deemed “non-buildable” by the board just prior to his purchasing it. It is believed that real estate agent Nancy Porter presented this matter to the board at some point. Creston will check past minutes to see what the board told her (and when). Waine noted that an appeal to setback requirements is possible under the SZO. It was agreed that the burden of proof in such matters should be on the landowner. Creston will e-mail Dodi with his findings.

Creston then recused himself yet again and he and Jesse Lawless presented a final plan of Jesse's proposed subdivision of his land on Besse and Cumner Roads ( tax map 6 lot 92 ) into two lots. Creston noted that abutters have been notified. The soil tests were briefly reviewed and the board then signed the mylar and several copies. Creston will record the plan.

The board reviewed Jeff Wilbur's proposal (as outlined above). Pertinent SZO standards regarding non-conforming structures were reviewed. It appears that while an expansion of this structure would not normally be permissible under Section 12.C.1 (expansion of non-conforming structures), Sects. 12.C.3 & 4 would appear to allow the proposed addition as a reconstruction and replacement coupled with a change in use. Creston will advise Mr Wilbur of this.

Several recent permits were processed. Alan has issued Bill and Tammy Williams a permit for a horse barn but didn't bring it to this meeting.

Digital flood maps on a compact disc have been received from FEMA. Creston will try to have them put up on the town website.

The proposed revisions to the SZO were discussed briefly. It was agreed we should discuss the 3 timber harvest options next month. Alan and Waine generally favor # 1 at this point. It was agreed that we should try to have printed draft copies ready by November. Creston will bring the said 3 options next month.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD OCTOBER 22, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Bob Bassett, Nanou Laliberte, and Creston Gaither. Minutes of the September 24 meeting were read, corrected, and approved.

Jeff Wilbur's recent letter and sketch outlining his proposal to build an addition on his Davis Pond site (tax map 6 lot 81) were reviewed (see also September minutes). Findings of fact were made as per p. 19 of the Shoreland Zoning Ordinance (SZO). It was voted to authorize

Creston to issue the usual permit by letter with the usual condition as to soil stabilization, along with an outline of the special conditions which allow this permit (see September minutes) and of the SZO's 1 year/2 year limitation.

Creston's Sept 25 e-mail to Dodi regarding the “buildability” of Wayne Russell's Kimball Pond parcel was reviewed.

The Van Woerts' Oct 22 e-mail to Creston regarding the renewability of their SZO permit was discussed. Creston will advise them that both the SZO and the Notification of Construction (NoC) ordinance have 1 year/2 year start/finish restrictions; driveways etc do not constitute a “start;” that the board would likely grant a new permit for the same project provided that the SZO remains unchanged as well; that the board expects the Town to revise the SZO in March; and that they would be notified of any attempt to rezone their land as Resource Protection District.

It was agreed that “rib and canopy” sheds require a NoC permit irrespective of their tax status.

The three options for timber harvest regulations in the proposed revised SZO were discussed. It was agreed that the board will recommend that the Town adopt Option # 1 though the Town could change this at the public hearing. Waine will prepare a draft of the proposed revised SZO for the November meeting. It was tentatively agreed that there should be a public hearing on the ordinance in January. Creston or Waine will find out what the State's current notification requirements for such hearings are.

Creston will begin to finalize the draft SZO map.

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD NOVEMBER 19, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present was forester Bob Moore. Creston had advertised the change of date for this meeting. Minutes of the October 22 meeting were read and accepted.

Mr. Moore presented a forest management plan for Mike Mason's Mason road parcel (tax map 2 lot 38) . The proposed harvest area comprises about 86 acres and will lie entirely outside of the shoreland zone. The Resource Protection and Timber Harvest Ordinance (THO) was reviewed and the proposal was found to be conforming. Creston was therefore authorized to issue the usual permit by letter.

Waine presented Jim Craig's request to renew his Shoreland Zoning Ordinance (SZO) and THO permit of January 2006. As the board had previously visited the site and neither the proposal nor the pertinent ordinances have changed the usual site visit was waived and Creston was authorized to issue the usual permit by letter, subject to the same conditions originally imposed.

Creston and Bob recused themselves and then Bob outlined his proposed outconveyance of part of his Day Road parcel (tax map 3 lot 29) to abutters Wayne and Sheila Russell. The board agreed that the proposal constitutes a “sale to an abutter” as per note 3 on the 1981 Patten Realty plan and that the board's formal approval would thus not be required; and that, as a sale to an abutter, the proposal would not require subdivision review.

With Creston and Bob again participating Creston presented Paul “Gus” Libby's request for renewal of his October 2007 SZO permit for his Day Road/ Kimball Pond parcel ( tax map 3 lot 49-K). As the board had previously visited the site and neither the proposal nor the pertinent ordinances have changed the usual site visit was waived and Creston was authorized to issue the usual permit by letter, subject to the same conditions originally imposed.

With Alan Williams recused the board considered Jeff Wilbur's request for a revised permit to supersede the permit issued last month for a house addition on his Davis Pond site (tax map 6 lot 81), the only change being that the revised building dimensions are to be 16' x 24'. As the board had previously visited the site and neither the proposal nor the pertinent ordinances have changed (except as noted) the usual site visit was waived and Creston was authorized to issue the usual permit by letter, subject to the same conditions originally imposed.

Numerous recent permits were processed.

A notice from DEP regarding the SZO update process was reviewed. DEP is willing to review the new ordinance prior to its adoption by the Town but requires only that it be submitted to them after the Town adopts it.

Waine outlined his work on the revised SZO draft. He eliminated several zones not applicable to Vienna; retained the square footage formulas for expansion of non-conforming structures (as opposed to the 30% rule), the Town having adopted this approach some time ago; deleted a special expansion allowance from the non-conformance section; and did not “…specify those professions which [the Town] deem[s] qualified to prepare planting and mitigation plans…” though such specifications are permitted. All concurred with these decisions.

There is apparently no requirement that the Town regulate piers and docks etc. that extend into the water. It was agreed that we should nevertheless continue to do so. Waine will ask DEP if we can simply use the existing SZO language to this end.

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD
HELD DECEMBER 17, 2008

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Creston had advertised the change of date for this meeting. Minutes of the November 19 meeting were read and accepted.

Creston will deal with an unnecessarily cumbersome Census Bureau inquiry.

The proposed revised Shoreland Zoning Ordinance (SZO) was reviewed. It was agreed that the non-binding informative sections in the model version are helpful and should be retained if possible. Waine will ask DEP about this.

The model version says that docks must be no more than 6 feet wide but imposes no limit on length. Waine replaced this in our draft with Vienna’s current 30 foot maximum length. It was agreed that this is preferable and Waine will also ask DEP about it.

Regarding retaining walls and paragraph B.5 on page 11: we have the option to omit this but no one spoke in favor of doing so.

The permitting options listed under “Table 1/ Land Use Options” were discussed. It was agreed that the planning board should issue most SZO permits except where a Licensed Plumbing Inspector is specified. Waine will ask DEP whether we can omit those portions of items 15, 18, & 19 which designate zones we do not have (these pertain to principal structures, the conversion of seasonal residences, and home occupations, respectively). It was agreed to leave “no/no/no” in the table for marinas rather than omit marinas from the table.

It was agreed to insert the existing town-imposed setback requirements except that the board agreed to change the road right-of-way setback from “50 feet” to “40 feet” as 50 feet assumes an unusually wide right-of-way width and forces structures closer to the ponds.

It was agreed to add McGurdy Stream explicitly to the 250 foot setback list in Sect 3 (page 1) to correspond with both the existing and the proposed SZO map.

It was agreed not to add any new Resource Protection Districts (RPD’s) as defined by steep slopes as few if any are likely to be developed and most of the exceptions would be “grandfathered” as previously approved subdivisions.

Creston will advertise the next meeting as a public hearing for the revised SZO. Waine will obtain printed copies of the Ordinance for the public hearing.

Creston will remove any superfluous notes regarding RPD’s etc from the SZO map and will try to have it ready for the January meeting.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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