MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 22, 2016
At 6:20 Regular members Waine Whittier, Creston Gaither and Ed Lawless met with Nathan James on his Kimball Pond site shown on tax map 3 as lot 40- K, to consider his proposal to add a 6 foot loft on the main portion of the existing camp and to place fill in the existing driveway, which is low and wet; and to place fill in a low wet area between the camp and the pond, and to remove 3 trees which he feels constitute a safety hazard.
At 7:00 PM the said Board members arrived at the Town House and were joined by Nathan for the Board’s regular meeting, with regular member Alan Williams also present.
Minutes of the May 25 meeting were read and accepted.
Creston said he is still working on locating the minutes for August 24, 2011 (see May minutes).
The Board discussed Mr. James’ proposal as outlined above. Section 15.P. of the Shoreland Zoning Ordinance (SZO) was reviewed. It was agreed that the three trees can be removed without a permit. Alan has visited the site separately and all present agreed that the trees are a hazard.
Table 1 and Section 15.H.(6). Of the SZO were reviewed. Item 20 in Table 1 indicates that filling of less than 10 cy is allowed without a permit. It thus appears that the driveway and lawn area can be filled. It was recommended that crushed stone be used.
As to the loft proposal, it appears that the footprint of the existing structure will remain unchanged, and that it lies about 28 feet from high water mark;
based on Nathan’s verbal representations and the Board’s observations on site, and assuming a favorable subsequent review of the pertinent FEMA flood map, which Creston agreed to examine, the Board concluded that this project:
- Will maintain safe and healthful conditions;
- Will not result in water pollution, erosion, or sedimentation to surface waters;
- Will adequately provide for the disposal of all wastewater;
- Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
- Will conserve shore cover and visual, as well as actual, points of access to inland waters;
- Will protect archaeological and historic resources as designated in the comprehensive plan;
- Will avoid problems associated with floodplain development and use; and
- Is in conformance with the provisions of Section 15, Land Use Standards.
The Board then voted 4 – 0 to authorize Creston to issue the usual permit letter for this proposal, subject to these CONDITIONS:
- The driveway will be rebuilt in such fashion as to divert runoff to its sides.
- Stone will be placed beneath the new drip edges because the height of the roof will be higher.
- Nathan will obtain the necessary Building Permit from Code Enforcement Officer John Archard.
Disparities in setback requirements between the Building Ordinance and the SZO and the Subdivision Ordinance were discussed. Creston’s interpretation is that the Subdivision Ordinance setback requirements would only apply to a subdivider building in a proposed subdivision but agreed that this could be argued otherwise and that it should be clarified.
Alan felt that this issue should not be left until March and that 15 feet from a right-of-way line or 40 feet from a travelled way as in the SZO should be instituted in all the ordinances. Alan will bring language for this proposed change to the next meeting.
The meeting adjourned at 7:45 PM.
Creston Gaither, secretary