Planning Board Meeting - June 22, 2016

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 22, 2016

At 6:20 Regular members Waine Whittier, Creston Gaither and Ed Lawless met with Nathan James on his Kimball Pond site shown on tax map 3 as lot 40- K, to consider his proposal to add a 6 foot loft on the main portion of the existing camp and to place fill in the existing driveway, which is low and wet; and to place fill in a low wet area between the camp and the pond, and to remove 3 trees which he feels constitute a safety hazard.

At 7:00 PM the said Board members arrived at the Town House and were joined by Nathan for the Board’s regular meeting, with regular member Alan Williams also present.

Minutes of the May 25 meeting were read and accepted.

Creston said he is still working on locating the minutes for August 24, 2011 (see May minutes).

The Board discussed Mr. James’ proposal as outlined above. Section 15.P. of the Shoreland Zoning Ordinance (SZO) was reviewed. It was agreed that the three trees can be removed without a permit. Alan has visited the site separately and all present agreed that the trees are a hazard.

Table 1 and Section 15.H.(6). Of the SZO were reviewed. Item 20 in Table 1 indicates that filling of less than 10 cy is allowed without a permit. It thus appears that the driveway and lawn area can be filled. It was recommended that crushed stone be used.

As to the loft proposal, it appears that the footprint of the existing structure will remain unchanged, and that it lies about 28 feet from high water mark;

based on Nathan’s verbal representations and the Board’s observations on site, and assuming a favorable subsequent review of the pertinent FEMA flood map, which Creston agreed to examine, the Board concluded that this project:

  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.

The Board then voted 4 – 0 to authorize Creston to issue the usual permit letter for this proposal, subject to these CONDITIONS:

  1. The driveway will be rebuilt in such fashion as to divert runoff to its sides.
  2. Stone will be placed beneath the new drip edges because the height of the roof will be higher.
  3. Nathan will obtain the necessary Building Permit from Code Enforcement Officer John Archard.

Disparities in setback requirements between the Building Ordinance and the SZO and the Subdivision Ordinance were discussed. Creston’s interpretation is that the Subdivision Ordinance setback requirements would only apply to a subdivider building in a proposed subdivision but agreed that this could be argued otherwise and that it should be clarified.

Alan felt that this issue should not be left until March and that 15 feet from a right-of-way line or 40 feet from a travelled way as in the SZO should be instituted in all the ordinances. Alan will bring language for this proposed change to the next meeting.

The meeting adjourned at 7:45 PM.

 

Creston Gaither, secretary

Planning Board Meeting - Sept 21, 2011

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 21, 2011

AT 6:30 PM regular members Alan William and Ed Lawless and Creston Gaither met at the Seymour property on Flying Pond (tax map  11 lot 16-W). Alan acted as the owners' agent. They would like to extend the existing roof to cover the open deck on the pond side of the existing structure. and install a new shed.

The regular meeting began at 7:00 PM at the Town House. Alan was elected Acting Chairman in Waine Whittier's absence.

Minutes of the August 24 meeting were read and accepted.

The Board then considered the Seymour proposal.The Board noted that the existing deck is non-conforming with current setback requirements being 30 to 35 feet from high water. The proposed shed should probably be sited at a more westerly location to meet the 100 foot pond setback requirement.

Recently issued permits were briefly reviewed.
 
The meeting adjourned at 7:30 PM.    

    Creston Gaither, secretary

Planning Board Meeting - May 25, 2016

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MAY 25, 2016

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither and Ed Lawless.

Minutes of the April 27 meeting were read and accepted.

It was noted that the April 27 minutes exclude Findings of Fact for the Burtt application and that the Board, pressed for time as daylight faded, had not gone through them on the Burtt site that night. The Board therefore went through the usual Findings of Fact as per the Shoreland Zoning Ordinance, and retroactively confirmed that the Burtt application of April 27, 2016:

(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.

Creston briefly outlined the gap in the records of the Board’s minutes on the Town website concerning late summer 2011.  He will try to locate the missing minutes and have them posted on the website.

Minutes of the September 21, 2011 meeting, which were evidently never formally accepted by the Board, were read and accepted as a matter of form.

Alan Williams has raised concerns about the disparity in setback requirements between the new Building Ordinance and the Subdivision Ordinance. These were briefly discussed and it was agreed to table the matter until the March Town Meeting approaches more closely.

State grants regarding broadband service were briefly discussed.

The meeting adjourned at 7:45 PM.

                                                          
                                                            Creston Gaither, secretary                                                                   

Planning Board Meeting - July 22, 2015

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier,  Alan Williams, Ed Lawless, and Creston Gaither. Also present were John, Peter, and Debbie Sebelius. Minutes of the June 24 meeting were read and accepted.


The Sebeliuses outlined the problems they have configuring their Parker Pond property (tax map 11 lots 71 & 45) so that the southerly parcel (lot 45) could be buildable within the shoreland zone. Creston recused himself from the Board during this discussion. He presented his 2012 & 2015 survey maps of the properties. The Board  addressed  the problem created by the 200 foot width requirement found in Section 15.A.(4). of the Shoreland Zoning Ordinance (SZO), which parcel 'B,' the more southerly of the two, appears not to meet. The Board reviewed the said survey maps and pertinent sections of The SZO at length. It was noted that the shed shown on the plans near the pond on parcel 'A' is a pumphouse and thus is an accessory to an allowed use, the cottage on lot 'A.'

Alan suggested that part of lot 'A' could be considered an individual private campsite as per SZO provisions found in Section 15.E.


Waine suggested that the Board first determine whether the 2012 division of the original or "parent" parcel into parcels 'A' and 'B' was a legal division, in light of the provisions of Section 11 of the SZO.


Alan formally moved that the Board find that the 2012 division created 2 legal lots, parcel 'A' being "buildable" within the shoreland zone (the area within 250' from the pond), and 'B' being permissible within the shoreland zone as a private individual campsite under the aforesaid Sect. 15.E. The Board voted 3 - 0 to approve this motion.

The Board then discussed parcel 'A'. It was agreed that the aforesaid shed near the pond is non-conforming. It is believed to date from the 1950's. Waine then suggested that the shed can remain in place but that parcel 'A' could be reconfigured to bewould be limited to being considered a campsite within the shoreland zone. It was noted that the shed is probably not eligible for expansion as it is barely 25 feet from the pond.

Alan then moved that The Board find that reconfiguration of parcel 'B' to make it "buildable" within the shoreland zone (somewhat as per the aforesaid 2015 survey plan) and to thus make 'A' a private individual campsite within the shoreland zone (this being the reverse of the current situation according to the Board's earlier consensus) would be permissible. The Board voted 3 - 0 to approve this motion.
Waine noted that in making these findings  The Board is merely interpreting the SZO and not changing it.

The Sebeliuses were advised that a SZO permit would be required for any particular construction project within the shoreland zone.

Alan moved that Creston, as Secretary of the Board, be authorized to send the Sebeliuses a letter outlining these actions. This motion was approved 3 - 0.

Austin Harrell has e-mailed the Board stating that he has sent a formal letter of resignation from the Board to the Selectmen.


The meeting adjourned at 8:20 PM.

 Creston Gaither, secretary

Planning Board Meeting - 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

Planning Board Meeting - October 28, 2015

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Alan Williams, Ed Lawless and Creston Gaither; also present was Paul Gurney, Jr. Minutes of the August 26 & September 23 meetings were read and approved.  

The Board reviewed Code Enforcement Officer John Archard’s letter of Sept. 21 outlining his enforcement action on the Craig lot.   

Paul Gurney Jr. advised the Board that he inherited Paul Gurney Sr.’s house lot (depicted on tax map 10 as lot 2 – B) in February 2013; he has placed it on the market and an appraiser has noted that the lot includes a bunkhouse for which no permit was ever issued, it having been built in late 2012. Paul Jr. has found no evidence of a permit and believes the bunkhouse is about 90 feet from the house and less than 100 feet from the pond. A water line runs to the bunkhouse. He said the lot comprises 1.6 acres +/-; the house has a septic system; the bunkhouse rests on concrete pads and has no heat or insulation. It measures about 12’ x 48’ +/-. Paul would like to rectify its non-conformance issues.   

The Board advised him that he would have to remove the incoming water line and remove enough of the structure to get the required 100 foot setback from the pond in order to get a Shoreland Zoning Ordinance permit. The Board agreed to visit the site and discuss it further with Paul on October 31. He was advised that any new permit would likely treat the structure as a shed and not a “bunkhouse;” the next owner could perhaps convert it to a bunkhouse with the proper permits.  

The meeting adjourned at 7:45 PM.

Planning Board Meeting - January 27, 2106

The meeting convened at the Town House at 7:05 PM. Regular members present were Waine Whittier, Alan Williams, Ed Lawless, and Creston Gaither. Also present were John and Marianne Archard.

The Board considered the Kellys’ proposal to remove all the pine from the area near the pond on their Flying Pond parcel depicted on tax map 10 as lot 35 and to replant the disturbed area with hemlock. Alan presented this proposal and is involved with the project and thus recused himself from the Board’s deliberations. The Board had visited the site on January 23, with licensed forester Harold Burnett present. The pines are concentrated in the center portion of the area The timber harvest section of the Shoreland Zoning Ordinance (SZO) was reviewed. The area in question lies within the Limited Residential District of the Shoreland Zone. The Board voted 3 – 0 that this proposal should be reviewed under SZO Section O(2) and not Section P. Alan presented data from Harold Burnett indicating that 27% of the trees in the center portion of the area would be harvested. Less than 30% of the trees in the other portions would be harvested. It was agreed that the SZO’s 40% limit applies to the entire area and not just to one portion. It thus appears that the 40% threshold would not be reached under the present proposal. The Board understands that the area to be most intensely harvested is to be replanted. A review of Table 1 in the SZO indicated that no permit is required for this project.

The Board moved on to a discussion of the proposed Building Ordinance, with John and Marianne representing the Ordinance Review Committee, which drafted the ordinance. Proposed amendments to Draft 1 were discussed vigorously. It was agreed that a public hearing for the proposed ordinance should be held prior to its adoption; and that the ordinance should indicate that Planning Board approval as required by the SZO must be obtained prior to the issuance of a Building Ordinance permit for any project within the Shoreland Zone.

The meeting adjourned at 8:30 PM.

Creston Gaither, secretary

Planning Board Meeting - March 23, 2016

The Board did not hold a formal meeting in February as no quorum was available. Regular members Creston Gaither and Ed Lawless met with Jim Meader informally at the Town House on February 24 but took no formal action on the Board’s behalf.

On February 28 Creston, Ed and Waine Whittier met with Jim at his Flying Pond property (tax map 10 lot 104) to consider his proposal to construct a frost wall under the existing camp on the parcel (see permit subsequently issued for details).

The March meeting convened at 7:00 PM at the Town House. Regular members present were Creston Gaither, Ed Lawless, Waine Whittier, and Alan Williams.

Minutes of the January 27 meeting were read and accepted.

Waine has responded to an email from Russ Burtt regarding a Code Enforcement action in progress regarding Mr. Burtt’s property depicted on tax map 7 as lot 27; Waine advised Mr. Burtt to come to the Board’s March meeting; however, he did not appear.

Code Enforcement Officer John Archard’s email regarding the former Austin property on Flying Pond shown on tax map 11 as lot 13 – H was briefly discussed.

The Board having received no permit application for this lot no formal action was taken.

Recently issued permits were briefly reviewed and discussed.

The meeting adjourned at 7:30 PM.

Creston Gaither, secretary

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