Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD FEBRUARY 26, 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. Minutes of the January 22 meeting were read and accepted.

Ed reported on the status of the broadband committee – it appears that the wireless option has been abandoned.

Creston will contact Shoreland Zoning applicant Matt Seigel, and advise him of the need for a SSWD permit or a letter from the Plumbing Inspector saying the Existing system is adequate, and will ask whether the access road is passable. 

The meeting adjourned at 7:30 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JANUARY 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. Sue Burns was also present. Minutes of the December 11 meeting were read and accepted. 

Creston and Sue outlined computer troubles they’ve had producing copies of Sue’s  revised draft of the proposed setback ordinance.

The content of the ordinance was discussed. Sue suggested that it include a statement of purpose, which Waine said might include a reference to having consistent requirements throughout the town.

Definitions of structures etc. were discussed – it was agreed that these should be consistent with the Shoreland Zoning Ordinance, etc.

It was noted that the Subdivision Ordinance on the Town website is out of date. Creston will address this.

Waine suggested that we table the proposed setback ordinance  for now and that we instead seek to revise the Notification of Construction Ordinance to include setback requirements and to require a site sketch. All agreed that this is a good idea.

It was voted 4 – 0 to table the proposed setback ordinance for now and to seek to revise the Notification of Construction Ordinance  as outlined above when this is feasible.

The meeting adjourned at 8:10 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD OCTOBER 23, 2019

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford. Mark Rains was also present. Creston had invited the Ordinance Review Committee to this meeting but they did not attend.

Mark inquired as to steps necessary to construct solar electric panels in his meadow. He was advised of Shoreland Zoning Ordinance setback and permitting requirements. He said the prospective site might also lie within the floodplain. The Board said it would have to review the Floodplain Management Ordinance in order to say what the administrative requirements would be.  No formal action was taken.

It was suggested that the Board combine its November and December meetings into one meeting on December 11 and make this a public hearing on a proposed setback ordinance. Creston will advertise this as such.

Waine will draft a first draft of said ordinance.

Creston will bring Paul Fontaine’s SZO permit to the next meeting.

The meeting adjourned at 7:40 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD DECEMBER 11, 2019

Regular members Creston Gaither and Ed Lawless met briefly and informally with Sue Burns, at the Town House at 7:00 PM. Tonight’s meeting having been advertised as a public hearing on the proposed Setback Ordinance. Lacking a quorum for a Planning Board meeting, the public hearing began at 7:10 PM. Sue said the draft Ordinance may not have sufficient “boilerplate language,” i.e. indicating legislative authority,etc., to hold up legally, and suggested that the Ordinance should clarify that if a right-of-way line can be determined, the required setback should be 15 feet from that line. She agreed to provide suggested revisions for the Board’s consideration.

Alan Williams arrived at 7:15 PM and was elected Acting Chair in Waine Whittier’s absence.The Board’s meeting began at that point, a quorum now being in place. Minutes of the October 23 meeting were read and accepted. The public hearing, and discussion of the proposed Setback Ordinance resumed at 7:20 PM.

It was suggested that the word “on” in paragraph 3 in the draft should probably be “or.”

Creston suggested that the Ordinance needs  language regarding enforcement, and suggested that it replicate the Notification of Construction Ordinance language in that regard.

It was agreed that final edits on the Ordinance could wait until the Board’s next meeting.

The meeting adjourned at 7:50 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 24, 2019

At 6:00 PM regular members Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with builder Eric Kinney at Becky Davis’s Kimball Pond property, depicted on 2019 tax map 3 as lot 8-K, to discuss a proposed addition on the south side of  the cabin on the parcel; he was advised that the addition would not be permissible as the cabin’s existing footprint lies in part less than 25 feet from high water mark. Rules for expansion of non-conforming structures were briefly outlined but no formal action was taken.

At 7:00 PM the regular members listed above convened the Board’s regular meeting at the Town House. Jim Meader and Dave Gifford were also present.  Minutes of the March 27 meeting were read, corrected, and accepted. Dave’s Flying Pond application (see March minutes) was reviewed. His written soil erosion control plan was reviewed. The Board had visited the site in March and has received Dave’s site plan and SSWD permit.

Based on its site visit and on Dave’s verbal representations and his sketch, and a subsequent examination of the pertinent flood hazard map, the Board determined that the project as outlined in March:

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 5 – 0 to authorize Creston to issue the usual permit by letter for this proposal; he had prepared a draft of the permit and it was issued at this time.

The meeting adjourned at 7:30 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD AUGUST 28, 2019

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Alan Williams, Creston Gaither,  and Ed Lawless. Minutes of the July 24 meeting were read and accepted. Also present were Paul Fontaine and, briefly, Lew Emery.

Paul Fontaine appeared regarding his Flying Pond property depicted on tax map 11 as lot V-19-21. He would like to build a 4’ x 25’ staircase there between the road and the pond. The Board visited the site on June 26 and thus felt that no new site visit was necessary. Paul presented a sketch of the proposal and the Board briefly reviewed Section 15.B.(6) of the Shoreland Zoning Ordinance (SZO) and found that the staircase would be permissible if limited to 4 feet in width.

Based on its on-site observations and Paul’s sketch and  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 the usual SZO permit by letter for this work.

The Zweigbaum situation was discussed (see July minutes). It has been reported that a recreational vehicle (RV) is in place on the gravel pad. Should it become clear at some point  that the RV has been in place for more than 120 days it was agreed that the Code Enforcement Officer should be notified as per SZO requirements.

Alan suggested that the Board present an ordinance to the Town to create uniform setback requirements throughout the Town so that  we don’t have different requirements in the shoreland zone and in subdivisions and elsewhere. Creston will email the Ordinance Review Committee and invite them to the Board’s September meeting to discuss this informally.

Waine will miss the next meeting.

The meeting adjourned at 7:35 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD SEPTEMBER 25, 2019

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

Alan was elected Acting Chairman in Waine Whittier’s absence. Minutes of the August  28 meeting were read and accepted. 

Larry Bacon’s email of Sept. 22 was read aloud and discussed. The Board then voted 4 – 0 that the propane tank enclosures he describes should be considered a “structure” as defined by the Shoreland Zoning Ordinance and would thus require both a SZO and a Notification of Construction permit. Creston will advise Mr. Bacon of this.

Ed reported on the Broadband Committee. Consolidated and Spectrum have offered to present options but as yet have not done so. 6 Towns are on the Committee but some of them seem to have diverse concerns. A consultant is to give a report in a few months providing specifics on services and cost. Advantages of satellite service over fiber to the home were discussed. Ed suggested that Vienna and Mt. Vernon consider forming a small co-op to do broadband on their own.

The meeting adjourned at 7:30 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JULY 24, 2019

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Tim Bickford, and Ed Lawless. Minutes of the June 26 meeting were read and accepted. Also present were Bill Zweigbaum and Darlene Virgin.

Bill says that auto-dial links on the Town website are incorrect, and that the link to LPI John Archard goes to someone else. Creston will notify webmaster Jim Anderberg of this.

Bill would like to put a shed on the gravel pad on his lot depicted on tax map 3 as lot 45-K, for which the Board issued a permit in October. He says the pad is in and that no plumbing is involved, but he does expect the shed to have electrical service. Pond setback will be greater than 100 feet. He was advised of the Shoreland Zoning Ordinance (SZO) road setback requirements. It was agreed to waive the usual site visit as the Board was at the site in the Fall and at other times in the past. Bill does not believe he can meet the SZO setback requirements within his lot as currently configured, as the road has no precisely defined right-of-way limits. He was advised that the Board thus cannot issue a permit, but possibly could if more gravel is added to the existing pad. He was advised to return with a sketch showing the proposal with the required setback lines shown. He said he may have Bob Bassett act as his agent in this matter in order to expedite things. He was advised that the Board would require him to provide written authorization for this.

The meeting adjourned at 7:45 PM.

                                                                                Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JUNE 26, 2019

At 6:10 PM regular members, Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Jon Vigneult at his property on Vienna Shores Road depicted on tax map 10 as Lot 7-W to discuss his proposal to  build a 24’ x 28’ camp on the lot. The lot has essentially been cleared, and slopes somewhat. Jon says CEO Gary Fuller told him no permit was necessary for the clearing as it’s not a timber harvest. 1 or 2 more trees would need to come down for the proposed construction. Jon provided architect’s drawings and a site sketch. He has SSWD permit # 2019 – 1. He will also need a 2-foot  retaining wall in front of the proposed septic system chambers (as per his SSWD permit).

At 6:30  said Board members met with Paul Fontaine on his site shown on tax map 11 as lots V-19 – 21. He would like to put a 12’ x 16’ platform with a kayak rack on the slope between the road and Flying Pond. His cottage is on the westerly side of the road; the proposed platform site appears to  be less than 100 feet from the pond.

The Board’s regular meeting convened at the Town House at 7:00 PM with the aforesaid members present along with Paul Fontaine. The permit approved for  Jim & Kathy Meader (see May 22 minutes) was further discussed. Waine wondered why the 100’ setback requirement was not further discussed by the Board in May. Sect. 12.C.4 of the Shoreland Zoning Ordinance was reviewed and it was agreed that the phrase “greatest extent practicable” was the Board’s basis for issuing the permit. It was agreed that this should have been spelled out in both the minutes and the permit. Minutes of the May 22 meeting were otherwise  read and accepted.

Paul Fontaine’s aforesaid proposal to build a platform was reviewed. The 100-foot setback requirement was read out loud. It was noted that applicants getting the SZO from the Town website have been getting the 2009 ordinance. Creston will look into this.

The rule describing permissible retaining walls at least 25 feet from the water was reviewed. Paul was advised that no deck or platform would be permissible this close to the lake. But with a showing that there is some erosion in the area (as described in the SZO) a retaining wall and backfilled area behind it might be permissible. He was given copies of the most recent SZO pages 11 – 13. Rules for a temporary dock as an alternative were reviewed briefly.

Jon Vigneault and Erika Ouellette-Vigneault appeared.  The Board reviewed their proposal as outlined above. Bill Webster is their builder. Zach Blaisdell will do the concrete. Creston will check the pertinent flood hazard map. All concurred that the cutting observed on the lot would be necessary for the proposed construction.   

Based on Jon’s on-site verbal representations and its site visit, and an 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 5 – 0 to authorize Creston  to issue a SZO permit for this work in the usual form of a letter, subject to the usual provisions for best management practices, erosion control, etc.

The meeting adjourned at 8:00 PM.

                                                                                Creston Gaither, secretary