Planning Board - Minutes: Jun. 23, 2010

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 23, 2010

The meeting convened at 7:00 PM at the Town House. Regular members present were Nanou Laliberte, Ed Lawless, Waine Whittier, and Creston Gaither. Minutes of the May 26 meeting were read and accepted.

Waine has discussed the possible uses of the "Dam Shop" with attorney Richard Flewelling of MMA (see April minutes). Mr. Flewelling says that the list of prohibited uses in the Shoreland Zoning Ordinance (SZO) does not in itself imply that other uses are permitted but says commercial use would not be allowed. Waine will write to the owners (the Ortegas) outlining this opinion, noting that the board concurs with it but that we also believe the Ordinance should be clarified. Creston noted that lot size restrictions would seem to preclude commercial use of this particular lot. Waine suggested that the SZO be clarified in this regard and perhaps modified to "grandfather" some commercial uses, perhaps allowing a lapse in such uses of greater than one year.

The board discussed Youth Conservation Group work proposed by supervisor Clyde Walton for land of Jeff and Stacie Bowden on Ithiel Gordon Road and Parker Pond (tax map 11 lot 43-P). 30 Mile River Watershed Association is promoting this and similar efforts. A 3-person crew will do the work over a 10 - 15 day period. Table 1 of the SZO was reviewed. It appears that a SZO permit will be required as more than 10 cubic yards of material will be moved. Because the impact will be minimal, no structure is involved, and there will be professional oversight, the board waived the usual site visit. It 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 permit by letter. The board agreed to waive the permit fee for this project, noting that it is a volunteer effort consistent with the SZO's goals and that SZO fees are set by the board and not by the SZO.

The board reviewed recent permits, noting that there are very few of them this year.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

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