NO FORMAL MEETING HELD IN JANUARY
 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  FEBRUARY 22, 2023

Because of a snowstorm there was no quorum available for the meeting scheduled for January 25. Alan and Waine met briefly at the Town House at 7:00 PM but no formal business was conducted. Tonight’s meeting convened at the Town House at 7:00 PM; regular members present were Ed Lawless, Creston Gaither, and Tim Bickford. In the absence of chairman Waine Whittier, Creston was elected Acting Chairman. Minutes of the December 28 meeting were read and accepted. The Board voted 3-0 to concur with Waine’s email to Wally Seymour of January 31 advising Wally that no permit is required for the tree removal at tax map 11 lot 11-W about which he has inquired, so long as the work conforms with Shoreland Zoning Ordinance standards.

The meeting adjourned at 7:20 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD DECEMBER 28, 2022

The meeting convened at the Town House at 7:00 PM; regular members present were Waine Whittier, Ed Lawless, Creston Gaither, and Tim Bickford. LoryZamboni was also present. Minutes of the November 23 meeting were read and accepted.

The Board reviewed attorney Paul Mills’ email of December 2 regarding the dividing of the Kohtala Trust land and arguing that the proposal would not be exempt from municipal subdivision review because the parcels would be “exchanges” rather than gifts, even though no money will change hands, and because the grantors have not held the land for at least 5 years as required by Title 30-A § 4401. The Board then determined that review will be required.

Creston will email Lory a copy of the Town Subdivision Ordinance.

The Board reviewed the Subdivision Ordinance Section 4D and agreed to waive the requirement for a location map.

Lory says no new sewers or culverts or roads are planned.

The Board also waived the requirement for contour lines and that for cross-sections, which is evidently not applicable. Page 4 was reviewed and Lory was advised that a written application will be required.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JULY 22, 2022

At 6:30 PM Regular members Waine Whittier, Alan Williams, Tim Bickford and Creston Gaither visited the Kelley site on Flying Pond depicted on tax map 10 as lot 8-N regarding Kevin Kelley’s inquiry about tree removal.

The regular meeting convened at 7:00 PM at the Town House. The aforesaid members were present, along with Anne Eiseman. Minutes of the June 22 meeting were read and accepted.

The Eisemans would like a new Shoreland Zoning Ordinance (SZO) permit for the project at 10 Day Road on Kimball Pond which they first proposed in 2020. As the Board visited the site at that time, it was agreed to waive the usual site visit. The project remains as proposed in 2020. The Board voted 4 – 0 to issue a new permit, essentially identical to the 2020 permit, and to waive the fee because the Eisemans self-reported the situation and because Covid has delayed so many things in recent months. Alan advised the Board that the SSWD permit for the project does not expire.

Kevin Kelley’s proposal to remove the flagged trees on the aforementioned site was discussed. Section 15.P.3 of the SZO was briefly reviewed. Table 1 in the SZO indicates that if the trees are removed in a manner consistent with Sect. 15.P.3, no permit is required for the work. Waine will send Mr. Kelley an email to this effect.

A memo from Plumbing Inspector John Archard was discussed. It was agreed that in some cases Board members issuing permits may want to advise applicants that they may need an internal plumbing permit.

Stephine Hickman would like us to sign an 1190 Form for a CMP connection on land depicted on tax map 3 as lot 25. It was briefly discussed and Waine signed it and left it for Laura Church to forward.

The meeting adjourned at 8:55 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD AUGUST 24, 2022

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Alan Williams, Tim Bickford and Creston Gaither. Also present were Richard Stake and Bob Nurse. Minutes of the July 27 meeting were read and accepted.

Richard Stake expressed concern about jet skis on Kimball Pond. Someone told him there are no rules on this pond. The Board advised him that State statutes regarding Great Ponds apply to Kimball Pond, but that the Planning Board has no enforcement power. He says that an access ramp into the pond has been built without a permit. He was advised that DEP controls access ramps and that the Game Warden probably has some enforcement power in this regard.

Alan said that his wife Donna Williams would like to split lot 1 in Siegler Subdivision, shown on tax Map 7 as lot 4-1, into two lots. There is no note on the subdivision plan requiring Board approval for this.

It was moved that Creston should draft a letter stating that the Board does not believe that Board approval is required for the division because more than 5 years have passed since Lot 1 was created, and the proposed lots will exceed the 2 acre minimum required for the original subdivision. The Board voted 3 – 0 in favor of this, with Alan recusing himself from the vote.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  MAY 25, 2022

At 6:30 PM Regular members Waine Whittier, Ed Lawless, Alan Williams, and Tim Bickford visited the Landis site at 582 Ithiel Gordon Road, and shown on tax map 11 as lot 11-30-1; regular member Creston Gaither arrived soon thereafter and walked the site. The Landises would like to build a 12’ x 16’ screen porch and a 10’ x 12’ deck onto the existing house. Alan is their contractor. At 7:00 PM those 5 Board members convened the regular meeting at the Town House; minutes of the April 27 meeting were read and accepted. The Landis proposal was discussed. The site slopes somewhat toward Parker Pond and the surface has been partially disturbed.It was agreed that best management practices for soil erosion control should be required. Alan expects to place stone beneath the drip edges. He recused himself from the Board’s deliberations and vote.

Based on its on-site observations and Alan’s verbal representations, and a subsequent examination of the pertinent flood hazard map, 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.

The Board then voted  4 - 0 to authorize Creston to issue a SZO permit for this work.

Bonnie Patti has contacted Waine and would like to place a third residence, a recreational vehicle, on her Tower Road property shown on tax map 11 as lot 4-1. The Board understands that she intends to allow certain relatives by blood, adoption or marriage to live there free of charge. The Vienna Subdivision Ordinance and the State Subdivision Statute, Title 30-A, §4401, were reviewed.; Because the intended occupants are relatives and no payment is being rendered, and the Statute’s definition of “dwelling unit” includes a reference to “sale or lease,” the Board voted 5 – 0  that the proposal would not create a subdivision requiring municipal approval. Waine will advise her of this and that she will need the proper SSWD permit to proceed.

Mark Rains appeared at 7:40 PM to discuss the possibility of building a hut about 100 feet or more southerly of Webber Brook and about 40 feet westerly of the Plymouth Line border of his property (as outlined in his email to the Board of May 25. Subdivision Ordinance requirements as they might apply to this project were discussed informally. He was advised that these are ultimately legal questions which should be referred to an attorney.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary