Planning Board - Minutes: September 23, 2015

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 23, 2015

The meeting convened at the Town House at 7:00 PM. Regular members present were Alan Williams, Ed Lawless and Creston Gaither; also present were contractor Neal Schultz and landowners Kim and Betty Kennedy. Alan was elected Acting Chairman in Waine Whittier's absence. Minutes of the July 22 meeting were read and approved, the Board having voted to postpone this at its August meeting.

The Kennedys presented a sketch of a proposal to construct a garage on their Kimball Pond property (depicted as Lot 30 on tax map 3); the Board had discussed this lot with them at its August meeting. Board Chairman Waine Whittier subsequently discussed the situation with attorney Bill Livengood at MMA, and was advised that the lot created when the Kennedys sold their contiguous New Sharon land is probably not "grandfathered" and is thus, because it is non- conforming, probably not buildable (See Waine's e-mail to the Board in this regard dated Sept. 14). The Board advised the Kennedys of this and said it therefore could not approve a permit for the proposed garage. Creston was authorized to write them a letter outlining this decision and the reasons for it.

Alan noted that if the Kennedys or a subsequent owner were to obtain additional land a variance might be possible for the lot.

Neal Schultz presented a sketch of a revised proposal for a bunkhouse on the Kirchner property on Flying Pond depicted on tax map 10 as lot 00- VA (see also August minutes) -- he has been unable to obtain the easement from the abutter which would have allowed him to proceed with the proposal he presented in August.

Based on Neal's sketch and verbal representations, The Board determined that the project as outlined above:

  1. Will maintain safe and healthful conditions;
  2. Will not result in water pollution, erosion, or sedimentation to surface waters;
  3. Will adequately provide for the disposal of all wastewater;
  4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
  5. Will conserve shore cover and visual, as well as actual, points of access to inland waters;
  6. Will protect archaeological and historic resources as designated in the comprehensive plan;
  7. Will avoid problems associated with floodplain development and use; and
  8. Is in conformance with the provisions of Section 15, Land Use Standards.

 It was voted 3 - 0 to authorize Creston to issue the usual permit by letter for this


The meeting adjourned at 7:30 PM.

 Creston Gaither, secretary

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