Planning Board - Minutes: September 25, 2013


The meeting convened at 7:00 PM at the Town House; regular members present were Waine Whittier, Alan Williams, Ed Lawless, Austin Harrell, and Creston Gaither. Also present were Dan McBride, Jonathan Lawless, and Blaine Hopkins and attorney Andrew Hamilton. At Alan’s suggestion the Board held a moment of silence in memory of Nanou Laliberte. Minutes of the August 28 meeting were read and accepted.

The Board reviewed The Vienna Pond Association’s application (see August minutes) and agreed to accept Dan McBride’s word that as Vice President of the Association he is authorized to represent it in this process.

In making findings of fact the Board enumerated the criteria for roads and driveways listed in Section 15.H. of the Shoreland Zoning Ordinance (SZO) and received verbal assurances that the proposal meets the criteria listed, a number of the listed criteria were found to be irrelevant to this proposal. The Board voted 5 – 0 to authorize Creston to issue the usual permit-by letter for this proposal, on this condition: the berm 20 +/- feet from the pond is to be maintained. The material placed is to be placed so that runoff comes in sheets and not rivulets. Best management practices are to be employed throughout the project.

On Sept 18 the Board met with Robert Ames on the Andrew Rackliff property on Kimball Pond, tax Map 3 Lot 32 – K. It appears that the cutting we observed may constitute a SZO violation. It was agreed that the Board should take no further action until Code Enforcement Officer John Archard has dealt with the cutting. Creston will send Mr. Rackliff a letter stating that Mr. Ames requested the permit and will ask whether Mr. Ames is authorized to represent Mr. Rackliff.

Blaine Hopkins and Andrew Hamilton appeared as representatives of Global Towers Network, regarding the proposed cell tower on Besse Road (see Nov. 28 minutes). Blaine said that getting title insurance for the parcel is essential. He outlined some of the complications involving title to the parcel, it being the Cary Seamans property, tax map 6 lot 17. He says the title will be clear when all of the corrective measures have been taken, and that one Audra Klumb is doing a visual impact study. The Board mentioned the Floyds’ concern in this regard. Andrew and Blaine would like a copy of any e-mail we have received in this regard.

Ed mentioned the proximity of Jonathan Lawless’s property to the proposed site. Andrew noted the possibility of a conflict of interest in this regard.

Blaine said that the evidence indicates that towers do not adversely affect property values.

It was agreed that the application will not be considered as accepted until the Board’s October meeting. It was also agreed that the SZO standards do not pertain to the site in question.

A tentative schedule for further progress in the application was outlined as follows:
October: formal acceptance of the application and a decision as to its completeness.However, it was clearly noted that the process could stretch out to future meetings, with November 20 a possible date for a public hearing, with the Board possibly rescheduling its regular meeting for that night in view of the Thanksgiving holiday.

Blaine will e-mail Waine a list of those communications experts with whom he’s familiar.

The meeting adjourned at 8:30 PM.

Creston Gaither, secretary

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