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PLANNING BOARD |
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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. |
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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD The meeting convened at 7:00 PM. Members present were Waine Whittier, Bob Bassett, and Creston Gaither. Also present were Dodi Thompson, John Archard, and Sue Burns. Minutes of the December 17 meeting were read and accepted. Creston had advertised January 28 as a public hearing on the revised Shoreland Zoning Ordinance as per MRSA Title 30-A § 4352. That day’s severe weather forced a postponement to Feb 4. Creston posted notice of the postponement at the Town House and the USPO and it was also posted on the Town website and announced on WKTJ. Individuals who had expressed interest were notified by phone or e-mail. Waine outlined the major changes to the Shoreland Zoning Ordinance (SZO), both those the State has imposed and those the planning board has recommended. Rich Baker of DEP has advised Waine that the board’s proposed 30 foot dock length language would probably be acceptable to DEP and that we can keep the informational notes in the Ordinance (see December minutes). John noted that Section 2.B. (draft p. 32) requires the Code Enforcement Officer to visit all sites. He advised that we change “shall” to “may;” the board agreed to this change. Draft versions of the revised SZO map were reviewed. Creston will verify that dates on the GIS waterfowl layer used are those in the draft SZO. Sue noted discrepancies between the current GIS layer as shown on Creston’s topo map sketch and the wetlands shown on the Comprehensive Plan maps. Creston will contact Jeff Fredenburg at KCSWCD regarding the mapping. We may want to postpone adoption till next summer (the State’s deadline is July 1) or adopt the existing map and new ordinance in March and revise the map later. Waine will discuss this with Rich Baker. Dodi needs our Town warrant article by February 12. John recommends that the article read “repeal and adopt” rather than “revise.” Waine’s 2008 planning board report was reviewed and approved. Jory Berthel’s application and sketch were reviewed. Minutes of the board’s August 27 meeting and notes from its site visit of August 9 were reviewed. Calculations based on the sketch indicate that less than 1200 sf of living space is proposed. Steep slopes were noted. Findings of fact were made as per p.19 of the SZO and the proposal was approved. Creston will issue the usual permit by letter with the usual conditions. The Van Woerts’ application and sketch of January 16 were reviewed. Their proposal remains essentially the same as their previously approved proposal but with a slightly smaller footprint. The usual site visit was therefore waived, findings of fact were made as per p. 19 of the SZO, and Creston was authorized to issue the usual permit by letter with the same conditions as had previously been imposed. The meeting adjourned at 8:30 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD FEBRUARY 25, 2009 The meeting convened at 7:00 PM. Members present were Waine Whittier, Bob Bassett, Nanou Laliberte, and Creston Gaither. Minutes of the February 4 meeting were read and accepted. The Van Woerts' application to construct a “screenhouse” on their Whittier Pond/ Klir Beck Road parcel (tax Map 11 Lot 67) was reviewed. It was agreed that the board should visit the site and that this would be infeasible under the current deep snow conditions. Creston will notify the applicants that the proposal was therefore tabled but that the board made an informal and non-binding statement that its members are unaware of anything in the proposed Shoreland Zoning Ordinance (SZO) revisions which would preclude its permitting the project. He will also advise them that their response to their Feb 4 permits has not as yet been received. The proposed SZO revisions were discussed. Waine has revised page 1 as advised by attorney Susanne Pilgrim at MMA. Creston will check his records to determine whether March 3, 2001 was in fact the most recent revision. Waine also made the change recommended by John Archard concerning Code Enforcement Officer site visits (see Feb 4 minutes) and deleted references to zoning districts that we don't have. Rich Baker at DEP has advised Waine that we can adopt the new ordinance now and revise the map later. He said we could exclude developed areas such as Whittier Pond subdivision and other existing developable lots from Resource Protection Districts and that the Dec 31, 2008 GIS waterfowl layer is the correct one to use; Waine will revise the SZO to include that date. At Creston's suggestion Waine will put “revised March 14, 2009” on page 1. Sue Burns had suggested that the informational note in the SZO regarding ponds at risk include Flying and Parker Ponds if applicable. Waine will check to see if they are considered “at risk.” Regarding the SZO map: Creston presented the latest preliminary version. He will add the date 3/14/09 to coincide with the date of the revised ordinance. The possibility of showing contours on the map was discussed; it was generally agreed that they would clutter the map up, might confuse some, could lead to zoning district location errors if handheld GPS units were used to locate the contours on the ground; and might not show up on some web browsers. Creston was authorized to create preliminary versions both with and without contours but was authorized to make a final determination and to make such minor edits and corrections as he deems necessary for the March 14 version. It was agreed that in view of Rich Baker's clarification as to the GIS waterfowl layer there may be no need to hire the mapping out. It was agreed that SZO permit fees are probably too low. Waine will discuss this with Rich Baker. The meeting adjourned at 8:00 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MARCH 25, 2009 The meeting convened at 7:00 PM. Members present were Alan Williams, Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present was John Evans. Alan was elected Acting Chairman in Waine Whittier’s absence. Minutes of the February 25 meeting were read and accepted. Mr. Evans has a camp on Kimball Pond; his lot measures approximately 100’ x 150’ and his building is about 18’ x 21’ and lies 50’ to 60’ from the water. He wants to build a 24’ x 24’ replacement. The board outlined pertinent Shoreland Zoning Ordinance (SZO) requirements, including those for a plumbing permit and for a sketch. As no formal application was made no formal action was taken. Regarding revisions to the SZO map: Creston presented a map showing the Maine State Office of GIS locations for medium and high-value waterfowl areas with tax map parcel lines superimposed. DEP requires that these locations be zoned as Resource Protection Districts and MRSA Title 38, Chapter 3, Subchapter 1, Article 2-B,§438-A.1-B. requires owner notification. 18 owners of 19 lots (Kennebec Highlands being two lots) were identified. Statutory requirements for notification of posting of ordinances etc. were reviewed, and the difference between a “public comment period” and a public hearing was discussed. The pertinent statutes evidently do not require a public hearing. Creston will draft an owner notification letter stating that the new Resource Protection District locations are mandated by DEP, that owner notification is required, and that public comments may be submitted in writing. The letter will also state that the revisions will be voted on at a June Town meeting, with the date yet to be determined. The meeting adjourned at 8:15 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MAY 27, 2009 The board did not hold a formal meeting in April for lack of a quorum. Regular members Creston Gaither and Waine Whittier met at the Town House at 7:00 PM and informally reviewed work in progress on proposed revisions to the Shoreland Zoning Ordinance (SZO) and map. Creston agreed to 1). continue work on the map; 2). ask MMA whether a formal town meeting is required for SZO adoption; 3). advertise the next meeting as a public hearing on the SZO revisions; and 4). notify landowners who own proposed new Resource Protection Districts (RPDs). At 6:15 on May 27 the board met with Neal Schultz at the Kirchner site on Flying Pond (tax map 10 lot VA); see details below. The regular meeting convened at 7:00 PM at the Town House. Members present were Waine Whittier, Alan Williams, Nanou Laliberte, and Creston Gaither. Also present were Peg Lang and Kevin and Jackie Hill. Minutes of the March 25 meeting were read and accepted. Creston had advertised this meeting as a public hearing for the aforesaid SZO and map revisions. The draft map was discussed. Creston will check the RPD shown on the northwest corner of Parker Pond as Waine says a wet area lies near that area but farther west. Peg asked whether the Comprehensive Plan maps had been used and Creston said that they had not as the State's GIS layers offer more recent data and are explicitly required by the SZO for mapping new RPDs for waterfowl habitat areas. Following the discussion the public hearing was suspended. The Hills outlined their wish to reconfigure two contiguous lots which they own in Whittier Pond Overlook subdivision (recently merged on tax map 11as lot 6-5). Deed restrictions allow only 1 house per lot unless the planning board approves more. It was noted that this subdivision was approved more than 5 years ago and that formal subdivision approval is thus probably not required for this change. However, as said deed restrictions and others shown on the subdivision plan seem to require board approval for the proposed reconfiguration, the board advised them to obtain a revised version of the plan and present it to the board. No formal action was taken at this time. The public hearing then resumed. Waine outlined proposed changes to the SZO itself that Rich Baker of DEP has recommended. References to rivers were eliminated as Vienna has none. Mr. Baker believes that DEP would allow a proposed change allowing lots previously approved for residential use to have one residential structure within an RPD when there is no alternative. It was noted that the current SZO requires a “scaled sketch on a form provided by the Town;” it was agreed to revise this wording to require a written application along with a sketch or site plan. With Waine recusing himself as a directly affected landowner, it was agreed to amend the SZO definition of “stream” to include Lane's Brook, which has heretofore not met this definition though the board chose to include its southerly portion in the Stream Protection District under previous SZO versions. Creston will revise the draft map to this effect. It was agreed that Creston can make minor changes to the map if so advised by DEP but that the board will hold a special meeting if major changes are thus advised; and that Waine will ask the selectmen to set the date of the board's next scheduled meeting, June 24, as the date of the town meeting required for adoption of the revised SZO and map. The board reviewed the Kirchners' application to build an addition and deck (see site visit details above), made findings of fact as per page 27 of the current SZO, found the proposal conforming, and, subject to the usual condition requiring a silt fence, soil stabilization, etc., voted to authorize Creston to issue the required permit upon receipt of a written statement from the landowners authorizing Neal Schultz to act as their agent. The meeting adjourned at 8:30 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 24, 2009 At 7:00 PM at a town meeting at the Community Center the proposed revisions to the Shoreland Zoning Ordinance (SZO) and map were unanimously adopted. The planning board’s regular meeting convened at 7:20 PM at the Town House. Members present were Waine Whittier, Nanou Laliberte, and Creston Gaither. Also present were Kevin and Jackie Hill. Minutes of the May 27 meeting were read and accepted. Bob Bassett has resigned from the board. Creston will ask Norma Wing to advertise the vacancy in the Vienna newsletter and on the Town website. The age and gender of the current members was noted. The Hills presented a plan showing the proposed configuration of their land in Whittier Pond Overlook subdivision (see May minutes). It was agreed that the formal subdivision approval process is not required as the reconfiguration does not constitute a subdivision as currently defined by statute. The board understands that existing conditions and restrictions on both lots 5 and 6 are to carry over to the reconfigured lots and, with the Hills’ approval, added this as a condition to the approval block on the plan. The board then voted to approve the reconfiguration and signed the mylar and paper copies. The board reviewed a letter from Kristen Gottlieb and Carey Bor. They have an ice cream truck and want permission to serve Vienna. Creston will advise them that the planning board is unaware of any municipal permits required for the operation they describe. Creston outlined the recent e-mail from Rich Baker regarding the SZO map and Limited Residential Districts on Crowell, Boody, and Kidder Ponds. Waine will address this question when he sends DEP the SZO and map as adopted. The discrepancy between the “iwwh” and “shorezone” GIS layers was also briefly discussed. Creston said that the revised maps resolve this in favor of the “iwwh” version and thus include an additional Resource Protection District within the Kennebec Highlands area. The meeting adjourned at 8:30 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JULY 22, 2009 The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, and Creston Gaither. Minutes of the June 24 meeting were read and accepted. Waine's letter of July 10, 2009 to Rich Baker of DEP was reviewed. Creston has written to Kristen Gottlieb and Carey Bor regarding their ice cream truck (see June minutes). The board's general agenda was discussed. The board discussed 1). the need for additional members; 2). the timber harvest ordinance, which may be unnecessary given current State regulations; and 3). the possible need for a site plan review ordinance (SPRO). Waine will contact Susan Burns about forming a SPRO committee. Creston will send Bob Bassett a thank you note for his service on the board. The meeting adjourned at 7:45 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD AUGUST 26, 2009 The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Nanou Laliberte, and Creston Gaither. Also present were Jeanette Daly, Sandra Bean, and Charles Wadleigh. Minutes of the July 22 meeting were read and accepted. Creston recused himself and then presented a preliminary plan depicting the proposed subdivision of the remaining land of Arline Waite on Town House Road. Given the limited scope of the project and the board's familiarity with the area, the usual site visit was waived, and the board declined to hold a public hearing. The board found the application complete and authorized Creston to send the applicant a dated receipt to this effect. The board agreed that the contours shown on the preliminary plan need not appear on the final plan. Following a discussion of the pond frontage and MMA's advice in a similar situation involving the Bassetts' Kimball Pond parcel some time ago, the board stated that 2 conditions it will most likely impose are: 1). no residential dwelling unit may be placed within the shoreland zone on Parcel ‘A;' and 2). any further division of Parcel ‘A' will require board approval and may require improvements to Bradley Road. Creston will notify abutters of the subdivision as required by State law. The board stated that its fee for its review, based on approval of 2 lots at $25.00 apiece, will be $50.00. Creston returned to duty and Waine reported that Sue Burns is interested in the proposed Site Plan Review Ordinance Committee and would like to meet with the board in September. The board reviewed the Van Woerts' application for new permits for their previously approved proposals on Whittier Pond. The board has previously visited the site. Findings of fact were made as per Sect. 16.D. of the Shoreland Zoning Ordinance (SZO) and the shoreland zone portion of the application was found permissible, subject to the previously imposed conditions and also to the condition that the reconfigured structure must fit within the previously permitted footprint. It was agreed that this constitutes a new permit and not a “reissue” of the previous permit. The meeting adjourned at 8:15 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 23, 2009 At 6:15 PM regular members Waine Whittier, Alan Williams, Nanou Laliberte, and Creston Gaither met at the Eisman site on Day Road and Kimball Pond (tax map 3 lot 48-K) to consider Mr. Eisman's proposal to screen in his porch, add on to his structure, and replace his shed. The regular meeting convened at 7:00 PM at the Town House with the aforesaid members present. Also present was Jeanette Daly. Minutes of the August 26 meeting were read and accepted. The aforesaid Eisman proposal was discussed. With regard to the existing structure, the board reviewed the Shoreland Zoning Ordinance (SZO) standards for the expansion of non-conforming structures and advised Mr. Eisman as to what footprint would be permissible. Waine will ask Plumbing Inspector John Archard what the plumbing code requires in this situation (there being no existing septic system). With regard to the proposed shed replacement, the board made findings of fact as per Sect. 16.D. of the SZO, found the proposal conforming, and authorized Creston to issue the usual permit by letter. Creston recused himself and then presented a final plan depicting the proposed subdivision of the remaining land of Arline Waite on Town House Road. Soils reports and several abutter responses to notification of this subdivision were reviewed. Findings of fact were made as per M.R.S.A. Title 30-A §4404. The requirement of a flood zone statement was noted and Creston amended the conditions of approval to include this statement. The board then voted to approve the subdivision as thus amended, signed the plan, and initialed the amended conditions. The appropriate fee was paid by Jeanette. Waine has received DEP's written approval of the SZO and map as adopted by the Town in June. Several recent permits were reviewed. Creston will bring a copy of the final SZO map for display in the Town House to the next meeting. The meeting adjourned at 8:15 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD OCTOBER 28, 2009 The meeting convened at 7:00 PM at the Town House. Members present were Waine Whittier, Alan Williams, Nanou Laliberte, and Creston Gaither. Also present were Jeanette Daly and Harold and Kathy Kelley. Minutes of the September 23 meeting were read and accepted. Creston recused himself and then presented Arline Waite’s request for a rescission of the subdivision approval granted by the board last month. Plans have changed and the Kelleys now intend to buy the entire remaining contiguous parcel. The board reviewed and approved the request and signed a mylar copy of the revised plan and several paper copies. Creston then returned as a member and posted a copy of the Shoreland Zoning Map as adopted in June; agreed to order the latest land use pamphlets; and agreed to find out whether permits have been issued for a house recently built on or near tax map 10 lot 10. He noted that Bob Bassett has advised the board that Richard Stake’s old camp on Kimball Pond has been removed, as required in his permit for a new camp. Sue Burns arrived at 7:30 to discuss follow-up to the Comprehensive Plan. The prospect of a Site Plan Review Ordinance (SPRO) appears in the Plan and this option was discussed. Sue has a circa 1997 handbook for the adoption of such an ordinance and is willing to help work on it beginning in January. However, she noted that the Future Land Use section of the Plan suggests that the Notification of Construction Ordinance be updated to a “building ordinance,” that it includes 7 or 8 recommendations for such an ordinance, and that this might be a higher priority than a SPRO. Sue mentioned that she is also interested in determining the legal status of various islands and unmaintained roads but understands that this is not a planning board function. The meeting adjourned at 8:15 PM. Creston Gaither, secretary MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD DECEMBER 23, 2009 The meeting convened at 7:00 PM at the Town House. Members present were Waine Whittier, Alan Williams, and Creston Gaither. Also present were Harold and Kathy Kelley. Minutes of the October 28 meeting were read and accepted. There was no formal meeting in November for lack of a quorum. Waine and Nanou met informally with James Prince to discuss his prospective purchase of the Kaiser parcel on Egypt Pond (tax map 9 lot 19) and the possible split thereof and retention of a right-of-way to the pond. They informally outlined subdivision considerations and advised him to discuss the situation with an attorney. At the December meeting the board discussed this matter. Becky Seel of MMA has advised Waine that a right-of-way retained as an easement would not create a lot for subdivision review purposes. It was noted that the house or cabin located on the Kaiser lot does not currently appear on the tax records. Creston outlined the apparent permitting history for this parcel from the 1980's as per his e-mail to Waine of December 13 and has notified the selectmen of the situation. Creston also outlined Mr. Prince's concerns regarding the determination of the possible Resource Protection District status of a portion of this lot. It was agreed that the board has insufficient data concerning site conditions and the parcel's boundaries to issue a letter confirming the zoning status of the lot. It was noted that the board could make such a ruling as part of the permitting process once it has a specific application before it. On November 29 the board visited the Flying Pond parcel recently acquired by the Kelleys (tax map 10 lot 35) to consider their proposal to build a road and restore an existing stone culvert across a brook. The board then made findings of fact as per Sect. 16.D. of the SZO, found the proposal for the area outside of the floodplain conforming, and authorized Creston to issue the usual SZO permit by letter for this portion of the project. At the December meeting the board considered the portion within the floodplain as shown on the pertinent FEMA map. The board reviewed the Kelleys' FMO application and site plan and the relevant portions of the Floodplain Management Ordinance (FMO), found the application complete, and voted unanimously to authorize Creston to issue a FMO permit for this work. The board then made findings of fact as per Sect. 16.D. of the SZO, found the proposal conforming, and authorized Creston to issue the usual SZO permit by letter for the floodplain portion of the project. Creston outlined his e-mail of December 22 to the State GIS Office regarding the town line at Lane's Brook. He has received no response as yet. The meeting adjourned at 8:00 PM. Creston Gaither, secretary | ||||||||||||||||||||||||||||||||||||