Planning Board - Minutes: June 22, 2011

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 22, 2011

At 6:30 PM regular members Waine Whittier, Nanou Laliberte, Ed Lawless, and Creston Gaither visited the Dona Mathews parcel on Day Road (tax map 3 lot 38-K) to consider her proposal to place a small tool shed on the lot. It did not appear that any feasible placement of the shed could meet Shoreland Zoning Ordinance (SZO) setback requirements. The Board verbally advised Ms. Mathews of this and outlined the variance process for her.

The regular meeting convened at 7:00 PM at the Town House. Also present were Bob Bassett and regular member Alan Williams. Minutes of the May 25 meeting were read and accepted.

Bob presented a somewhat revised application for a previously permitted addition on the Don Ripley lot (tax map 10 lot 38-K; see May minutes) which includes a slightly larger porch. As the material changes are minimal, and the Board has very recently visited the site, the usual site visit was waived. The Board 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.

The Board discussed Dona Mathews' aforesaid proposal. A rough measurement made on site indicates that the distance from the Day Road centerline to the back property line is about 49 feet, so even a reduction of the proposed shed to a 4-foot width would not meet the required (15' + 40') setbacks. The Board voted 5 - 0 against issuing the permit. Creston will write to Ms. Mathews about this and will outline the appeal process.

FEMA's letter of June 16 was reviewed. It appears that FEMA agrees with some of the points the Board has raised regarding the village floodplain (see March minutes) and that a Letter of Map Revision will eventually be issued to resolve the matter.

The Board reviewed the Dept. of Conservation (DoC)'s letter of June 6 regarding the management plan for the Kennebec Highlands. Some concerns were voiced regarding culvert removal and apparent physical limitations placed by the State on roads thought to be subject to public easements. The DoC will hold a hearing for the plan on June 29.

Clayton Stanley had called Creston (and had been expected to appear) regarding the need, if any, for Board review and approval of his proposed division of a parcel on Cumner Road (tax map 5-B lot 17-1) into two parcels. The Board briefly reviewed the 1982 "Claire Pongonis" survey map which created this parcel, noting its lack of Board signatures. It appears that, although the map does not address the question, the lots were gifts to family members and thus exempt from subdivision review in 1982. In any case, it was agreed that 1). given that the pertinent 20-year statutory limit has long expired in this case, the Board will take no enforcement action against the said lot for the 1982 non-approval; and 2). there is no apparent reason why approval for the proposed division of the lot would be required. Creston will advise Mr. Stanley of this in writing.

The meeting adjourned at 8:00 PM.

       
Creston Gaither, secretary

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