Planning Board - Minutes: July 22, 2015

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD  JULY 22, 2015

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier,  Alan Williams, Ed Lawless, and Creston Gaither. Also present were John, Peter, and Debbie Sebelius. Minutes of the June 24 meeting were read and accepted.


The Sebeliuses outlined the problems they have configuring their Parker Pond property (tax map 11 lots 71 & 45) so that the southerly parcel (lot 45) could be buildable within the shoreland zone. Creston recused himself from the Board during this discussion. He presented his 2012 & 2015 survey maps of the properties. The Board  addressed  the problem created by the 200 foot width requirement found in Section 15.A.(4). of the Shoreland Zoning Ordinance (SZO), which parcel 'B,' the more southerly of the two, appears not to meet. The Board reviewed the said survey maps and pertinent sections of The SZO at length. It was noted that the shed shown on the plans near the pond on parcel 'A' is a pumphouse and thus is an accessory to an allowed use, the cottage on lot 'A.'

Alan suggested that part of lot 'A' could be considered an individual private campsite as per SZO provisions found in Section 15.E.


Waine suggested that the Board first determine whether the 2012 division of the original or "parent" parcel into parcels 'A' and 'B' was a legal division, in light of the provisions of Section 11 of the SZO.


Alan formally moved that the Board find that the 2012 division created 2 legal lots, parcel 'A' being "buildable" within the shoreland zone (the area within 250' from the pond), and 'B' being permissible within the shoreland zone as a private individual campsite under the aforesaid Sect. 15.E. The Board voted 3 - 0 to approve this motion.

The Board then discussed parcel 'A'. It was agreed that the aforesaid shed near the pond is non-conforming. It is believed to date from the 1950's. Waine then suggested that the shed can remain in place but that parcel 'A' could be reconfigured to bewould be limited to being considered a campsite within the shoreland zone. It was noted that the shed is probably not eligible for expansion as it is barely 25 feet from the pond.

Alan then moved that The Board find that reconfiguration of parcel 'B' to make it "buildable" within the shoreland zone (somewhat as per the aforesaid 2015 survey plan) and to thus make 'A' a private individual campsite within the shoreland zone (this being the reverse of the current situation according to the Board's earlier consensus) would be permissible. The Board voted 3 - 0 to approve this motion.
Waine noted that in making these findings  The Board is merely interpreting the SZO and not changing it.

The Sebeliuses were advised that a SZO permit would be required for any particular construction project within the shoreland zone.

Alan moved that Creston, as Secretary of the Board, be authorized to send the Sebeliuses a letter outlining these actions. This motion was approved 3 - 0.

Austin Harrell has e-mailed the Board stating that he has sent a formal letter of resignation from the Board to the Selectmen.


The meeting adjourned at 8:20 PM.

 Creston Gaither, secretary

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