Planning Board - Minutes: July 27, 2011

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JULY 27, 2011

At 6:20 PM regular members Waine Whittier, Alan Williams, Ed Lawless, and Creston Gaither visited the Seymour property on Flying Pond (tax map 11 lot 16-W). Alan was representing the owners and recused himself from the Board's site visit. The owners would like to extend the existing roof over the existing open deck on the pond side of the house. The deck is above living space and is non-conforming with current Shoreland Zoning Ordinance (SZO) setback requirements, being 30 to 35 feet from the pond.  The owners would also like to 1). extend the existing deck on the west end of the southerly side of the house to connect it with the pond-side deck; and 2). add a new shed southwesterly of the house.

At 6:45 the same Board members visited the Bruce and Barbara Kralovic parcel, also on Flying Pond (tax map 11 lot H-12). The Kralovics' contractor, Kevin Kiesman, soon arrived. Barbara Kralovic has a medical condition which makes walking increasingly difficult for her and the Kralovics would therefore like to construct a ramp or stairway from the existing house to the pond, probably in a zig-zag pattern and possibly with some steps or platforms along the way. Steep slopes were noted.

At 7:10 the same Board members met with contractor Doug Beal on the Turner parcel on Bradley Road and Flying Pond (tax map 10 lot 122-F). Ms. Turner would like Doug to construct a barn on the parcel near the road. Slopes, erosion, and setbacks did not seem problematic.

At 7:30 the same Board members arrived at the Town House to begin the Board's regular meeting (Creston had posted a notice that the meeting might start late). Doug Beal was also present. Minutes of the June 22 meeting were read and accepted.

The Board considered the Turner proposal first. This proposal essentially supersedes one about which the Board had recently sought advice from MMA and which would have involved reconfiguring both the Turner parcel and the adjacent Coleman parcel. The Board made findings of fact as per Section 16.D. of the SZO, found the present proposal conforming, and voted to authorize Creston to issue the usual SZO permit by letter upon receipt of a letter authorizing Doug to act as the owner's agent.

Jeff Rackliff appeared briefly seeking a plumbing permit and was referred to Plumbing Inspector John Archard.

The Seymours' inquiry was discussed. No formal application has been made and no formal action was taken. It was informally agreed that the roof extension and a shed meeting all of the SZO setback requirements would probably be permissible; but that the deck extension probably would not be, because of the SZO's square footage limits on the expansion of non-conforming structures. Alan will relay this advice to the owners.

The Kralovic walkway proposal was then discussed. The permit issued to Robert Ames on January 11, 2007 was discussed as it involved a somewhat similar situation, especially regarding the impact of the Americans with Disabilities Act. It was agreed that the Kralovic walkway should be of the minimum width necessary for wheelchair use; that no trees should be removed; and that the walkway must be removed, and the underlying soil stabilized, if Barbara Kralovic ceases to be an owner or co-owner. The Board also agreed that a letter from a licensed physician outlining the impact of her medical condition and a letter authorizing the Kralovics' contractor to act as their agent must be provided. The Board then made findings of fact as per Section 16.D. of the SZO, found the proposal conforming, and voted to authorize Creston to issue the usual SZO permit by letter upon receipt of the said documentation and subject to the said conditions.

FEMA's letter of July 11 was reviewed. It appears that FEMA is willing to modify the floodplain maps it has recently issued in order to address the concerns the Board has raised about the expanded floodplain these maps show in Vienna village. Creston was authorized to review the proposed revised maps and to cooperate with selectman Dodi Thompson to get this issue resolved.

Creston's recent letters to Clayton Stanley and Dona Mathews were reviewed (see June minutes).

The meeting adjourned at 8:30 PM.

Creston Gaither, secretary
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