Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 27, 2022

At 6:30 PM Regular members Waine Whittier, Creston Gaither, and Ed Lawless met with Justin and Doug Piquard at Justin’s Flying Pond parcel shown on Tax Map 11 as Lot 3 – H to discuss their proposal to build a house on this lot. Steep slopes were observed.

At 6:45 PM the same Board members met with Allan and Libby Harville at their Kimball Pond parcel shown on Tax Map 3 as Lot 16 – K to discuss their proposal to place a woodshed on the site.

At 7:15 PM regular member Tim Bickford joined these members at the Town House for the Board’s regular meeting. Justin and Doug Piquard were also present Minutes of the March 23 meeting were read and accepted. The Piquards presented a site plan for their proposal. Justin said his deed requires a 20 foot setback from the property lines and, thus, from the right-of-way limits. To meet this requirement they will have to demolish the back of an existing foundation made of 10-inch concrete. He would also like to build a stairway over the steepest portion of the slope. A footpath to the pond from the foot of the stairway is also proposed in accordance with Shoreland Zoning Ordinance (SZO) Section 15.P. He would like to leave an existing clearing near the pond undisturbed; any growth outside of the 250 sf limits allowed by the SZO will be left to grow.

The Board agreed that the usual conditions regarding erosion control should apply. Justin has discussed the existing septic system with Plumbing Inspector John Archard; John referred him to Deputy Inspector Andy Marble as John had designed the original system. Andy issued SSWD permit # 2022 – 2; the septic field will lie across the road, for which Justin has an easement. Tim noted that regarding the stairway the SZO requires a Code Enforcement Officer permit. It was agreed that this is a scrivener’s error and that the Planning Board can issue such a permit as it has been doing for several years. It was agreed that the SZO should be corrected in this regard as soon as possible.

Based on its site visit, the Picards’ sketch, and their verbal representations,and a review of the pertinent FEMA flood 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.

The Harvilles’ woodshed proposal was discussed. Allan Harville has agreed to forward a sketch for the proposal. He may have to adjust the siting of the shed to make it at least 40 feet from the road centerline. Based on its site visit, the Harvilles’ verbal representations,and a review of the pertinent FEMA flood map, The Board determined that the 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 a SZO permit for this work.

The prospective mooring ordinance and a recent related controversy in Winthrop were discussed briefly.

Regarding broadband, Ed said that other towns are trying to get in with Axiom. Leeds has received a grant for $2.1 million. It appears that they will act on their own. Readfield, Wayne, Fayette, Mount Vernon, and Vienna continue to work together. Vienna does not have a specific proposal from Axiom yet.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary

NO MEETING HELD IN DECEMBER 2021 (bad weather)
MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JANUARY 26, 2022

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither, and Tim Bickford; also present was Maggie Davis.

The Board had cancelled its December 2021 meeting due to severe weather. Minutes of the Board’s November 24, 2021 meeting were read and accepted.

Maggie and Tim Davis are buying Lot 5 in the recently approved Stream Road Subdivision; it abuts their existing house lot. They are wondering about the status of the two parcels and whether setback requirements will apply to the common boundary between these two parcels once they acquire Lot 5. Maggie was advisedthat under long-standing Town policy the lots will be merged into one for property tax purposes and that no setback requirements will apply to the said common boundary.

Several recent inquiries, mostly by email, were then discussed:

The Board discussed an email from Alan Corin regarding land depicted on Map 11 as Lot 26, which he may purchase. It appears that anything he does in any wetlands would have to go through DEP. Portions of the parcel appear to lie within the Limited Residential Shoreland Zone and would thus be subject to certain Shoreland Zoning Ordinance (SZO) requirements; Waine will relay these conclusions to him.

Justin Piquard has bought Lot 3 in Herrin Woods Subdivision, it being shown on Tax Map 11 as Lot 3 – H. He says the septic system is partially built. He is working with Plumbing Inspector John Archard to see how to complete it. Waine has told him that a SSWD permit would be required for a Shoreland Zoning construction permit. Waine has outlined the SZO permitting process for him.

Tyler Nadeau wants to build a house on Mountain Rd., evidently outside of the Shoreland Zone. He says he has a 1989 septic design for a 2 bedroom house. Waine advised him to discuss its current validity with John Archard.

Doug Weisz has acquired 28 Vienna Shores Road, which is shown on Tax Map 10 as Lot 8-W. He would like to update and renovate the existing house on the parcel. Waine has outlined the rules for expansion of non-conforming structures for him.

The proposed New Sharon Solar Installation Ordinance was reviewed briefly. It was agreed to table this matter until the entire Board is present.

Waine will miss the February meeting.

The meeting adjourned at 7:40 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD FEBRUARY 23, 2022

The meeting convened at 7:00 PM at the Town House. Regular members present were Alan Williams, Creston Gaither, Ed Lawless and Tim Bickford; also present was Corey Searles. Alan was elected Acting Chairman as Waine Whittier was absent. Minutes of the January 26 meeting were read and accepted. Corey Searles was given a Notification of Construction permit for a garage.

Mark McGuire’s email inquiry of February 1 regarding multiple structures on a single lot was discussed. It was agreed that if anything this is a legal question, and that the Board sees no problem in what he has described. Creston will email him to this effect.

Bob Nurse appeared and would like to build a garage within 25 feet of a protected stream, similar to what he proposed at his April 2021 meeting with the Board. He was advised that this would require a variance, and that the Planning Board cannot issue one and that he could pursue getting one with the Board of Appeals. In order to move the Appeals process along, It was voted 4 – 0 to formally deny him a permit for the garage due to the setback issue. Creston will send him a letter to this effect.

Mark Rains appeared; he says that Webber Brook, a protected stream, runs through his property. He was advised that any new structure near the brook will require a permit and must be at least 75 feet from the brook. Stream Protection District definitions in the Shoreland Zoning Ordinance were outlined informally.

The meeting adjourned at 7:50 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD MARCH 23, 2022

The meeting convened at 7:30 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither, and Ed Lawless. Minutes of the February 23 meeting were read and accepted.

Creston will send Waine a cc of Creston’s recent email to Mike McGuire. 

Creston’s email of 2/8/22 to the Eisemans was reviewed; it was agreed that they will need a new permit for their Kimball Pond project if they’d like to proceed. Creston will advise them of this.

Waine has committed the Board to a site visit on April 27 at 6:30 PM for Justin Piquard’s Flying Pond lot shown on Tax Map 11 as Lot 3-H. The Board will first meet at the usual spot on Beck Road.

Waine noted that recent newspaper articles indicate that both Winthrop and Belgrade have adopted mooring ordinances; they are not identical.

Ed said that Axiom has been selected as the broadband provider for Vienna. Axiom’s representative is to meet with the selectmen April 5 at 7 PM.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD  OCTOBER 27, 2021

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 Board’s September 22 meeting were read and accepted.

The possibility of a houseboat ordinance which the Board has previously discussed was briefly and informally discussed.

Creston said that the selectmen have confirmed that Code Enforcement Officer Matt Drost has resigned. It was also noted that Deputy Plumbing Inspector Gary Fuller has passed away.

Ed said that an attorney has been hired to form a Utility District for the 6 towns which have been working together on broadband service (one being Vienna). Broadband service was briefly discussed.

The meeting adjourned at 7:30 PM.

Creston Gaither, secretary

At 6:15 PM regular Board members Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Brian Rehea, representing Maine Woods and Waters LLC, at the site of his proposed Stream Road Subdivision, and viewed the site as required by the Subdivision Ordinance, it being depicted on
tax map 5 as Lot 5–2.

At 7:00 PM the same Board members arrived at the Town House and held the Board’s regular meeting. Minutes of the July 28 meeting were read and accepted.

Stream Road Subdivision was discussed. Brian presented a Preliminary Plan dated 8/25/21. He said the subdivision comprises all of the LLC’s currently held contiguous property. It does not appear to be subject to any known zoning regulations. Some concern that the name “Stream Road Subdivision” had previously been used for an unrelated subdivision was raised. Creston will check on this at the Registry of Deeds. Brian said the parcel corner pins are not yet in but will be set prior to final approval. Proposed deed restrictions appear in Brian’s application. Existing wetlands and approximate contours are shown on the Preliminary Plan. The subdivision’s restrictions outline soil erosion control measures at length.

The Board agreed that the Preliminary Plan meets the requirements of Sect. 4.D. of the Subdivision Ordinance, “Submission of Preliminary Plan.” Creston will send Brian an email confirming that it does so.

Existing diversion ditches diverting water from the road onto the proposed lots were discussed. The possibility of explicit acknowledgement of these and the Town’s right to maintain them was discussed. The Board suggested that the final plan include this note: “Road water diversion ditches existing at the time of subdivision approval may be maintained by the Town.”

Brian may propose an alternative solution for this matter. He is concerned that the ditches may create a stream of water which might create a financial hardship for the landowner. He may rewrite the 75- foot road setback covenant to permit ditch maintenance within that buffer zone.

Creston will advertise the Board’s September meeting as a public hearing on the subdivision. Brian will add a note to the final plan requiring Planning Board approval for further division of any lot in the subdivision.

Waine has discussed boat mooring ordinances with an MMA attorney. She did not think we could prohibit houseboats but could regulate them in some measure. Waine presented copies of an ordinance which was recently enacted in Belgrade. The Board will discuss this at its September meeting and may present a version of the ordinance to the Town for adoption at its March Town Meeting.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

At 6:30 PM a quorum of regular members, comprising Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Doug Baston on his Berry Hill Road site, depicted on tax map 7 as Lot 26, at a bridge recently constructed there for him by Dirigo Timberworks. The Board had issued a permit to Russell Burtt on April 27 2015 for improvements to a previously existing bridge at this location. The Board generally found the work to be impressively workmanlike.

At 7:00 PM the same Board members arrived at the Town House and held the Board’s regular meeting. Alan was elected Acting Chair in Waine Whittier’s absence. Minutes of the June 23 meeting were read and accepted.

The “pole permit,” or CMP Co. Form 1190 recently issued to Marshall Leavitt was discussed. It was agreed that the site (tax map 10 Lot 93) is unlikely to constitute a Subdivision as defined by State law and that it is not in the Shoreland Zone.

Creston expressed concern that we may be setting an unfortunate precedent by issuing an 1190 without having documentation as to the nature of the applicant’s interest in the parcel, such as a copy of the deed or lease.

Selectman Jeff Rackliff appeared briefly, and The Planning Board’s presence on the Town website was discussed. Jeff said it might be preferable to have replies to emails coming from a Town email address. All agreed that it would best to have Town email addresses listed on the site, though automatic forwarding to members’ private ad- dresses would be convenient.

Brian Rehea appeared and presented a sketch plan for a proposed subdivision of tax map 5 lot 5-2, which he has under contract. He expects to place some restrictive covenants on the lots but hasn’t decided on exactly what they will be.

It was voted 4 – 0 that the sketch and this meeting meet the requirements of Sect. 4B, Items 1 - 3 (page 3) of the Subdivision Ordinance.
The Board scheduled a site inspection for the night of its next meeting, August 25, at 6:15 PM. Brian expects to close on the property by August 20 or sooner.

Doug Baston’s bridge replacement (see above) was discussed. Based on its on-site observations and Doug’s verbalrepresentations and a subsequent examination of the pertinent flood hazard map, the Board determined that the project as constructed:

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 Vienna’s Shoreland Zoning Ordinance (SZO), Section 15, Land Use Standards.

The Board then voted 4 - 0 to authorize Creston to issue an after-the-fact SZO permit for the bridge. As it replaces a prior structure, it was agreed that no Notification of Construction permit is required.

The meeting adjourned at 8:00 PM.