Planning Board Meeting - May 24, 2017

Meeting Date
2017-05-24
Present
Waine Whittier, Ed Lawless, Creston Gaither, and prospective member Tim Bickford

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MAY 24, 2017

 

At 6:00 PM regular members Waine Whittier, Ed Lawless, and Creston Gaither, and prospective member Tim Bickford met with Wendy Morin on her Kimball Pond Road site, tax map 3 lot 19, to consider her proposal to have a 10’ x 14’ shed placed on a gravel pad on the site. They continued on to Libby and Allan Harville’s Kimball Pond site, tax map 3 lot 16-K, to consider their proposal to have a shed brought onto and placed on the site, and to move an existing shed, and to construct an addition on the existing cabin on the site (which is within 75 feet of the pond). The regular meeting convened at 7:00 PM at the Town House with the aforesaid regular members and Libby and Allan and Jon Kent present; regular member Alan Williams arrived and also participated. Minutes of the April 26 meeting were read and accepted.

 

The Board considered Jon Kent’s proposal to build an open deck with a roof as an entrance to the existing house on land of the Shuster Trust on Parker Pond, tax map 11 lot 44. He was advised that he will need a letter from the owners authorizing him to act as their agent or representative. He presented a sketch of the project. The Board will meet with Jon on site on Sunday May 28.

The Harvilles’ proposal was then considered. Shoreland Zoning Ordinance (SZO) Section 12.C.1 was reviewed, regarding relocation of non-conforming structures. It appears that the maximum square footage allowable with 75 feet of the pond is 1000 sf, and the proposal appears to be well within these limits. Proposed removal of vegetation is minimal, and no excavation is proposed so no soil erosion controls will be mandated. Libby and Allan also propose to put a ditch along the west end and the sides of the existing cabin and will fill it with crushed stone to keep water out from under the structure. As to the relocation of the more easterly shed SZO Section 12C. (2) was reviewed, as the shed in both its current and proposed locations is non-conforming with SZO setback requirements. Section (2) gives the Board some discretion as to whether the proposed relocation is the most feasible. It was noted that it would minimize tree removal near the shed. Creston will check the flood maps to see if floodplain requirements are an issue.

Based on the Harvilles’ sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, the Board determined that the project as outlined above:

 

(1) Will maintain safe and healthful conditions;

(2) Will not result in water pollution, erosion, or sedimentation to surface waters;

(3) Will adequately provide for the disposal of all wastewater;

(4) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

(5) Will conserve shore cover and visual, as well as actual, points of access to inland waters;

(6) Will protect archaeological and historic resources as designated in the comprehensive plan;(7) Will avoid problems associated with floodplain development and use; and

(8) 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 by letter for the project.

The Board then considered Wendy Morin’s aforesaid proposal. Alan is familiar with the site.

Based on Wendy’s sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, the Board determined that the project as outlined above:

(1) Will maintain safe and healthful conditions;

(2) Will not result in water pollution, erosion, or sedimentation to surface waters;

(3) Will adequately provide for the disposal of all wastewater;

(4) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

(5) Will conserve shore cover and visual, as well as actual, points of access to inland waters;

(6) Will protect archaeological and historic resources as designated in the comprehensive plan;(7) Will avoid problems associated with floodplain development and use; and

(8) 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 by letter for the project.

 

Waine will ask the selectmen to formally appoint Tim to the Board.

 

The Board then discussed Susan Weeks’ email to Annie Tibbetts of May 20 regarding her proposal to have a radon remediation structure built on her Chickadee Path property on Kimball Pond. The SZO was briefly reviewed. It appears that the structure might be permissible if it were attached to the existing building but that a separate structure would not be permissible due to setback limitations. A site visit would likely be required. Creston will relay this information to Ms. Weeks.

 

Ordinances were discussed:

Waine noted that the State has new recommendations for non-conforming expansions in the Shoreland Zone. Waine thinks we should present them to the Town for adoption in March. They are based on square feet of footprint and not on volume and thus seem simpler and more equitable.

It is not clear whether conflicts between the SZO and the Subdivision Ordinance regarding setbacks were resolved by the recent Town vote on ordinances.

 

It was suggested that the Telecommunications (or “cell tower”) Ordinance should perhaps be revised to more clearly prohibit construction close to residences.

 

It is not clear whether Vienna should have some sort of minimal Building Ordinance implementing setback requirements.

 

It was noted that several nearby towns are reacting to the recent marijuana legalization vote with new ordinances. It is not clear whether this is within the Planning Board’s purview. Alan noted that if all the surrounding towns ban outlets there will be pressure on any town that has no controls.

 

The meeting adjourned at 8:05 PM.

 

Creston Gaither, secretary

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