Planning Board - Minutes: December 3, 2014

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD  DECEMBER 3, 2014

This meeting was held in lieu of the previously scheduled November & December meetings, which were cancelled in view of the holidays. Creston had advertised this change.

On November 24 Creston and Waine attended a Board of Appeals (BoA) meeting at which said Board established its procedures for the GTP "cell tower" appeal.

Tonight's meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Alan Williams, Ed Lawless, Austin Harrell, and Creston Gaither. Also present were Court Reporter Becky Pearson and contractor Jon Jennings from Forgotten Stone Works in Manchester.  Minutes of the October 22 meeting were read and accepted.

Creston will advertise the January 28 meeting as a public hearing on prospective changes to the Shoreland Zoning and Wireless Facilities Siting ordinances.

Mr. Jennings presented a sketch and proposal to construct a field stone walk and steps over steep ground to the dock on the Dansky lot on Flying Pond (depicted on tax map 10 as lot 37-F). The existing terrain is grassed lawn. He does not expect to get to the project this year. As the Board is familiar with the site the usual site visit was waived. Table 1 of the Shoreland Zoning Ordinance (SZO) was briefly reviewed. It was not entirely clear that a permit is required for this use. It was agreed that as the field stones will require movement of less than 10 cy of material, no permit for them is required. It was agreed that the steps will require a permit as they are structural construction. Mr. Jennings presented a letter from the Danskys authorizing him to act as their agent.

Based on the sketch and Mr. Jennings'  representations, and its familiarity with the site, The Board determined that the project:

(1) Will maintain safe and healthful conditions;

(2) Will not result in water pollution, erosion, or sedimentation to surface waters and may actually reduce them;

(3) will not involve disposal of  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  5 - 0 to authorize Creston to issue the usual permit by letter for the project.

The BoA meeting Creston and Waine attended Nov. 24 was briefly discussed. Waine recommended that the Planning Board become a party in the appeal (as will be required for it to present evidence, arguments, etc.) and that we have a presence (of at least one member) at the BoA's meetings. The PB's representative would not speak for the PB on new issues, new evidence, etc. but could speak from memory as to what the PB had previously decided. Ed said that he will remain recused throughout all of this. Waine asked that the PB give him latitude to sign the "Joint Stipulation" which GTP's attorney has provided, if Town Attorney Steve Langsdorf approves. The Board agreed that Waine could do this.

The Board reviewed Mark Rains'  e-mail outlining proposed changes to his recently approved SZO  permit (see Sept. 24 minutes). As the proposed change is insubstantial it was agreed that Creston should amend the permit (not yet finalized) to include the new dimensions.

The meeting adjourned at 7:55 PM.

Creston Gaither, secretary

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