Planning Board Meeting - May 26, 2021

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MAY 26, 2021

The meeting convened at the Town House at 7:00 PM; members present were Waine Whittier, Alan Williams, and Creston Gaither. Minutes of the April 28 meeting were read and accepted.

Waine has had some inquiries about boats moored in the ponds. The possibility of an ordinance dealing with this was discussed. It was agreed that the Board should not move forward on this matter until the entire Board is present. Waine may discuss this issue with MMA.

The meeting adjourned at 7:25 PM.

Creston Gaither, secretary

Planning Board Meeting - April 28, 2021

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 28, 2021

At 6:15 PM regular members Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford visited the Heath Dolloff lot on Flying Pond, shown on tax map 11 as lot 13-H to consider Mr. Dolloff’s proposal to add a platform and deck with a porch on the southerly end of the existing house along with a porch and stairs on the westerly side of the house.


The regular meeting convened at the Town House at 7:00 PM, with the aforesaid members present along with regular member Alan Williams. Minutes of the March meeting were read and accepted.


Bob Nurse appeared; he wants to build a 2-car garage within the Stream Protection District. He would like it to be about 50 feet from the brook. Waine read from pertinent sections of the Shoreland Zoning Ordinance, which indicate that the Board of Appeals could issue a variance for this use based on a finding of hardship. Bob was advised that the Planning Board would be unlikely to approve an application for the garage as Bob described it. The requirements for a finding of “hardship” were reviewed; it seems unlikely that Bob could meet them.

It was noted that the Board had not made Findings of Fact regarding the Morin permit it approved in March. The permit has not yet been issued. Findings of Fact were made and the Board voted 4 – 0 to reaffirm its approval of the permit. Tim Bickford abstained as he had missed the March meeting.


The Dolloff application outlined above was considered. An informal site plan has been received. It was agreed that, given the steep slopes on the site, that conditions of approval should include the stabilization of the soil in the vicinity of the proposed deck. Based on its on-site observations and on the site drawing, 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 voted 4 – 0 to authorize Creston to issue the usual permit by letter, with the said condition of approval included. Alan abstained as he has represented the applicants.


CMP “pole permit” policy was discussed. Tim said the pertinent statute covers all permits under 30 MRSA & not just subdivision and shoreline zoning. Waine proposed that individual Board members be authorized to sign Form 1190 provided that they are confident that any proposed structures have the requisite Notification of Construction and SSWD permits, along with any SZO permits required, and that it is not part of an illegal subdivision This was adopted as Board policy 5 – 0.


The meeting adjourned at 7:40 PM.

 

Creston Gaither, secretary

planning Board Meeting - December 9, 2020

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford. Selectman Laura Church was also present. Minutes of the October 28 meeting were read and accepted.

The Board discussed the recent issuance of a CMP “pole permit” for a parcel shown on Tax Map 6 as Lot 3. Creston agreed to ask Plumbing Inspector John Archard for details as to what is required in situa- tions such as this involving recreational vehicles without a conventional septic system.

It was agreed that the Board has no further direct responsibility in this particular matter as it is an en- forcement issue, but it was agreed that we should get more clarification of the pertinent rules in order to correctly administer the permitting requirements.

The Board will revert to its regular schedule (meeting on the fourth Wednesday of each month at 7:00 PM) in January.

The meeting adjourned at 7:30 PM.

Creston Gaither, secretary

Planning Board Meeting - February 24, 2021

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford. Minutes of the January meeting were read and accept- ed.

Waine will check his record of permits issued regarding an inquiry the selectmen received involving the Bill Mahoney lot on Kimball Pond.

The meeting adjourned at 7:25 PM.

Creston Gaither, secretary

planning Board Meeting - January 27, 2021

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD

January 27, 2021

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless, and Tim Bickford. Minutes of the December 9 meeting were read and accepted.

Waine noted that at the December meeting the four members present were sworn in for three-year terms. Alan was likewise sworn in separately not long afterward.

Waine reported on an inquiry involving house construction on land shown on tax map 11 as Lot 5. It appears that the site is more than 250 feet from the pond, so only a Notification of Construction permit will be required.

The status of solar installations was discussed. It was agreed 5 – 0 that if the panels are free-standing they do in fact constitute a “structure” as defined in the Notification of Construction Ordinance. But would not do so if installed on the roof of another structure and thus would not require a permit.

The meeting adjourned at 7:30 PM.

Planning Board Meeting - October 28, 2020

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD OCTOBER 28, 2020

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless, and Tim Bickford. Minutes of the September 23 meeting were read and accepted.

Waine received an inquiry from a prospective buyer of land known as Tax Map 2 Lot 9, regarding any restrictions that may apply. It does not appear to be part of a subdivision or subject to any unusual restrictions. He will advise the inquirer in this regard.

Waine says Beverly Harpine has bought “Pincushion Island” on the northerly end of Flying Pond (see
September minutes).This seems to have resolved her concerns.

It was agreed that given the Covid-19 situation, the Board is unlikely to ask the Town to approve any new ordinances at the upcoming Town Meeting. The possibility of a future ordinance regarding houseboats was generally discussed, as were setback requirements.

The meeting adjourned at 7:25 PM.

Creston Gaither, secretary

Planning Board Meeting - September 23, 2020

Beverly Harpine said that Pincushion Island on the northerly end of Flying Pond is for sale. It lies opposite her shoreline property. She asked what is permissible on the island. Waine has received an inquiry about putting a houseboat or a dock in. Richard Flewelling at MMA said we have no existing prohibition against houseboats. He said the Town could pass an ordinance in this regard.


Beverly is concerned about possible excess traffic to the island and about water – related recreation that could be dangerous. She was advised that she could 1). buy the island; or 2). petition the Town to pass an ordinance, and that no existing Town ordinance addresses her concerns, and that Edgecomb may have an ordinance regarding houseboats that might serve as a model. Waine will ask John Archard about pertinent restrictions on waste disposal.

Ed reported on the broadband committee. It received a proposal from a provider who did some work in some Franklin County Towns. Fayette and Vienna are considered underserved.The provider suggested that Fayette and Vienna join forces. They want 180 people from these towns to sign up at $90/month. The Committee is hoping for one or two more proposals.

The meeting adjourned at 8:05 PM.

Creston Gaither, secretary

Planning Board Meeting - August 26, 2020

The 7:00 PM Planning Board members Waine Whittier, Ed Lawless, Alan Williams and Tim Bickford met at the Vienna Fire Department with Fire Chief Brian Church to discuss a proposal for construction of a building on the Fire Department property. Also present were Selectwoman Laura Church, Selectman Chris Smith and Selectmen Jeff Rackliff.

At 7:15 PM, the above mentioned Planning Board members reconvened at the Town House for the regularly scheduled meeting.

A discussion of the Fire Department proposal ensued. Of concern was where the highwater mark of Mill Pond is in relation to the proposed construction. Also of concern, whether the Fire Department would be able to obtain an easement from an abutter as the proposal is within the lot setbacks.

Wendy Morin on Kimball Pond Road had asked the Planning Board about their rights to a dock but no right-of-way to get to it.

Bonnie Patti (sp) of 341 Tower Road had approached Waine regarding the requirements to add 1 or 2 more homes to that property. No official proposal has been submitted to the Planning Board in this regard.

The meeting adjourned at 7:33 PM.

Respectfully, Timothy Bickford

Planning Board Meeting - July 22, 2020

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JULY 22, 2020

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine
Whittier, Creston Gaither, Ed Lawless, and Tim Bickford. Matt Siegel was also present.
Minutes of the June 24 meeting were read and accepted.

Matt Siegel’s application was discussed. His new site sketch was reviewed. The proposed addition will be more than 25 feet from the water. The addition appears to be less than 30% of the existing square footage, as required by the Shoreland Zoning Ordinance, Section C. It was agreed that pebbles or stones must be placed beneath the drip edges of the roof and that water must be diverted toward the lot abutting southerly, which the applicants also own. Contractors must be certified for work in the Shoreland Zone.

Based on its on-site observations and Matt’s verbal representations, his site drawing, 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 Shoreland Zoning Ordinance (SZO) Section 15, Land Use Standards.

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

Creston will bring copies of the Eisemans’ SZO permit to the next meeting.

Ed reported on Monday night’s Zoom meeting regarding broadband. The plan is to get fiber optics to every house. No provider has shown any interest in actually doing this. The advantages of having Vienna have its own small broadband company were discussed informally. Ed says fiber cable is very resilient and resists damage much better than copper wires. Ed and Jim Anderberg and Tom Jewett are the Vienna members of the committee.

The meeting adjourned at 7:35 PM.

Creston Gaither, secretary

Planning Board Meeting - June 24, 2020

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JUNE 24, 2020

At 6:10 PM the Board met with Matt Siegel on his father-in-law’s Flying Pond property, shown
on tax Map 11 as Lot 17, to consider his proposal to construct an addition to the existing cabin.
He presented a site sketch. A deck, not shown on the sketch, was observed on the easterly end
of the cabin, and its effect on square footage calculations was discussed informally, the cabin
being non-conforming. Septic system approval is still pending. The cabin and the deck are the
only structures on the parcel.

At 6:40 the said members met with Bill and Anne Eiseman on their Kimball Pond property,
shown on tax map 3 as lot 48-K, regarding their proposal to build a new camp on the parcel.
The terrain appears fairly flat.

At 7:00 PM The said members convened the Board’s regular meeting at the Town House. Also
present were the Eisemans and Matt Siegel.

The Eisemans’ proposal was considered. They presented SSWD permit # 2020-1 and a site
drawing.

Based on its on-site observations and the Eisemans’ verbal representations, their site drawing, 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 Shoreland Zoning Ordinance (SZO) Section 15, Land Use Standards.

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

Matt Siegel’s proposal was then considered. He has made new measurements and says the total
of the cabin and deck are in fact 1288 square feet. Everything is within 75 feet of the shoreline.
He noted that SZO Sect. C (1) (c) (i) requires that an expansion in this situation would have to
be less than 1000 square feet. He says the cabin was built in 1971 and is not certain whether the
deck was there then. He will look into this.

The addition will not be closer to the water than the existing structure. A revised site sketch was
provided. The height of the addition will be lower than that of the existing structure. He is
having a site evaluation done on June 25 and will seek to get a SSWD permit. He was advised
that some sort of curtain drain may be required to divert runoff.

The application was tabled until the Board’s July meeting.

Regarding the Craig lots (see May minutes) Waine noted that emails outlining the Board’s
position were exchanged with attorney Paul Mills.

The meeting adjourned at 7:40 PM.

Creston Gaither, secretary