MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JANUARY 17, 2018
The meeting convened at the Town House at 7:00 PM; Creston had advertised this meeting as a substitute for the December meeting which was cancelled in view of the Christmas holiday; tonight’s meeting was also advertised as a public hearing for proposed changes to setback requirements in the Subdivision and Shoreland Zoning Ordinances. Regular members present were Waine Whittier, Ed Lawless, Creston Gaither, Alan Williams, and Tim Bickford. Also present were Bob Bassett, John & Marianne Archard, Chris Smith, and, after 7:15, Sue Burns.
The Board considered Russ Mattson’s proposal to build an addition on his cabin on Chickadee Path on Kimball Pond, shown on tax map 3 as lot 10-K. The Board had visited this site on August 23. Bob Bassett acted as Mr. Mattson’s agent and presented the requisite paperwork. Creston has since then checked the flood hazard maps regarding this site.
Based on its site visit and Bob’s sketch and verbal representations, and Creston’s examination of the pertinent flood hazard map, the Board determined that the 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, with Waine abstaining as he had not been present at the site visit, to authorize Creston to issue the usual permit by letter for this project.
The aforementioned public hearing then began.
Waine presented a draft of proposed changes to the Shoreland Zoning Ordinance (SZO) regarding expansion of non-conforming structures, pursuant to M.R.S.A. Title 38 § 439-A (as shown on page 169 of the Land Use Pamphlets).
Waine read the existing SZO and Subdivision Ordinance setback requirements and noted that the Board would like to replace the existing Subdivision Ordinance setback requirements with those from the SZO.
John Archard suggested that we add explicit language stating that in the shoreland zone the SZO requirements supersede the Subdivision Ordinance requirements if there is a conflict. Waine read the “conflict with other ordinances” provision from Sect. B.7. of the SZO, which indicates that the more restrictive provision would prevail.
Setbacks were discussed at length.
Waine proposed that we prepare a draft proposal with the existing language regarding non-conforming uses x’d out with the proposed new language shown alongside.
He also suggested that we submit two articles regarding setbacks, one for each ordinance. Sue Burns read from M.R.S.A. title 30-A §4403, which indicates that the Board can amend the subdivision ordinance after a public hearing.
Waine will ask MMA whether the Board has as much discretion as Sue’s quotation seems to suggest.
Alan moved that the Board proceed to recommend to the Town one article and not 2, requiring that Subdivision Ordinance setback requirements replicate those in the SZO. The Board adopted this motion by a vote of 4 – 1.
Waine will try to draft an article as described by Alan’s motion.
The Meeting adjourned at 8:25 PM.
Creston Gaither, secretary