Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MARCH 27, 2019

On March 23 Regular members Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Dave Gifford at his Flying Pond property, depicted on 2019 tax map 10 as lot 131, to discuss his application for permits required for the construction of a house on the lot.

The Board’s regular meeting convened at the Town House on March 27 at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, and Ed Lawless. Dave Gifford was also present. Minutes of the February 27 meeting were read and accepted.

The aforesaid application was reviewed.  Proposed setbacks appear to be conforming. As the footprint is large, roof runoff is a concern. Dave said he would like to drain the water into downspouts and route it underground. He was advised that this may require a SSWD permit. It was agreed that the usual requirements for best practices for soil erosion should apply. Given that the existing Bradley Road has in effect been “discontinued” and now has the status of a driveway, it was agreed that only the new access road, which has been established as a legal right-of-way by written instruments of record, will count as a road from which required setbacks must be maintained. It was noted that Section 15.Q of the Shoreland Zoning Ordinance (SZO) requires a written erosion control plan to be submitted. It was agreed that this and a written plan for dealing with runoff should be submitted, hopefully before the Board’s next meeting.

It was noted that SZO Section 15.B.2  excepts antennas etc. from the 35-foot height restriction; it was agreed unanimously that the proposed chimney is one of the “similar structures” excepted from the height requirement in Sect. 15.B.2.

Tim briefly reported on a MMA training session he attended in Portland. He is unaware of anything the Vienna Planning Board is doing especially wrong.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MAY 22, 2019

At 6:30 PM regular members, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Jim and Kathy Meader on their Flying Pond property, depicted on, depicted on 2019 tax map 10 as lot 104, to consider their proposal to remove the existing  camp which is about 15 feet from the water and replace it with a 1000 sf cabin with a setback of about 25 feet from the pond at high water mark. The Board has visited the site in the past and found that the site is fairly level and well-vegetated and that soil erosion is unlikely to be a problem. However, FEMA’s most recent flood map indicates that the site lies within flood hazard zone AE, which has a published Base Flood Elevation (BFE) of 348 (NAVD 88). Jim & Kathy believe that they have documentation showing that this is not an issue.The Board understands that a septic system suitable for 4 bedrooms is already in place, and that the new structure is to be placed on a concrete slab.  The aforesaid regular members convened the Board’s regular meeting at 7:00 at the Town House, electing Alan Acting Chairman in Waine Whittier’s absence. The Board continued its discussion of the Meaders’ proposal and was joined by Jim Meader. The Board reviewed Shoreland Zoning Ordinance requirements pertaining to the expansion of non-conforming uses, and discussed the proposal further. The Board agreed that the floodplain issue could be resolved by the imposition of a condition requiring the slab to be elevated at least one foot above the aforesaid BFE. Jim said he could not find the aforesaid floodplain documentation. He provided a written soil erosion control plan.

Based on Jim’s on-site verbal representations and its site visit, and an examination of the pertinent flood hazard map, and in view of the proposed condition regarding the floodplain, 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 in the usual form of a letter, subject to the following condition:

1). The concrete slab supporting the new structure is to be elevated at least one foot above the BFE of 348  NAVD 88.

Ed updated the Board on the broadband committee he is on. Fact finding is in progress. A major concern is the disparity between a “fiber to the home” approach and the new “5G method,” which requires a tower every 1 or 2 thousand feet. Ed and Jim Anderberg are the Vienna representatives to the committee. Details of the possibilities were discussed informally and in general terms.

The meeting adjourned at 7:40 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD FEBRUARY 27, 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 January 23 meeting were read and accepted.

Creston had advertised tonight’s meeting as a public hearing on changes to the Shoreland Zoning Ordinance (SZO) required by DEP (see January minutes). No public citizens appeared.

The Board voted 4 – 0 to move forward with putting the said SZO changes before the Town at the March Town Meeting.

The meeting adjourned at 7:20 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JANUARY 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. Minutes of the December 26, 2018 meeting were read and accepted.

Waine’s draft Annual Report was briefly reviewed and approved.

DEP’s letter of July 26, 2018 was reviewed. Waine will ask MMA whether we need a Town
Meeting vote to amend the Shoreland Zoning Ordinance to include certain measures that the
letter indicates are already in effect and binding on the Town and any applicants.

The meeting adjourned at 7:20 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD DECEMBER 26, 2018

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 November 28 meeting were read and accepted.

Creston will mail the accumulated permits and fees to Waine.

Alan presented a letter authorizing him to represent Jonathan Haggan regarding his application to build a house and garage on his Flying Pond parcel depicted on tax map 11 as Lot 60, which the Haggans have acquired (see November minutes). Alan also presented a site plan and sketch of the proposed structures along with SSWD permit # 449. He says the house will be about 130 feet from the pond. He recused himself from formal deliberations and voting on the proposal. As several members are familiar with the site, the usual site visit was waived.

Based on Alan’s verbal representations and his sketch, 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.

It was voted 3 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

The meeting adjourned at 7:35 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD OCTOBER 24, 2018

On October 20 Regular members Waine Whittier, Alan Williams, Ed Lawless, and Creston Gaither met with Bob Bassett and Bill and Darlene Zweigbaum on a site on Kimball Pond depicted on tax map 3 as lot 45-K, which the Zweigbaums expect to acquire, to discuss their proposal to place a gravel pad there to support a recreational vehicle.

On October 24 the Board’s regular meeting convened at the Town House at 7:00 PM; regular members present were those listed above along with Tim Bickford; Bob Bassett was also present. Minutes of the Sept. 26 meeting were read and accepted.

The Zweigbaum’s proposal was considered. Bob Bassett is acting as the Zweigbaums’ local agent; they have forwarded written authorization for this. The Board had issued a permit for a similar proposal for this parcel to Bruce Buzzell on November 7, 2010. It was briefly reviewed. It was agreed that condition number one from that permit, regarding mulch and erosion control, should be imposed on the Zweigbaums’ permit if it is issued.

Based on Mr. Zweigbaum’s sketch and the Board’s site visit, 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.

It was voted 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Alan applied as agent for David Gifford to install 2 temporary pads to allow CMP to excavate for underground power lines on Mr. Gifford’s Flying Pond property depicted on tax map 10 as the southeasterly portion of lot 35. Alan has already installed silt fencing across the entire lot. He says all bare ground has been mulched with erosion control mulch. Alan recused himself from the Board’s deliberations in this matter. The usual site visit was waived as the Board is familiar with the site.

Based on Alan’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 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Tim is willing to do the assignments of street numbers as discussed at the September meeting. This will be his undertaking and not the Board’s.

Recent permits were reviewed and processed.

Creston will contact CEO Gary Fuller about the work evidently underway on the Flying Pond parcel formerly owned by the Picards and shown on tax map 11 as lot 2-H.

The Meeting adjourned at 7:55 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD NOVEMBER 28, 2018

On November 4 Regular members Waine Whittier, Alan Williams, and Creston Gaither met with Joanie Peter on her Flying Pond depicted on tax map 11 as lot 2-H, regarding ongoing work which the Board had discussed briefly at its October 24 meeting. A shed is under construction and steep slopes were noted; exposed bare ground on an existing steep access road was the Board’s major concern. The shed’s setbacks and dimensions appeared to conform with Shoreland Zoning Ordinance (SZO) requirements, and a silt fence is in place between the shed and the pond. Hay bales and water bars were suggested for the access road.

Based on Ms. Peter’s verbal representations and its visual inspection, 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.

It was voted 3 – 0 to authorize Creston to issue the usual permit by letter for this proposal (after the fact), on this condition: hay bales or other erosion control measures must be put in place to stabilize the lower portion of the access road.

Tonight’s regular meeting convened at the Town House at 7:00 PM; regular members present were Alan Williams, Creston Gaither, and Tim Bickford; also present were designer Andre Duby, John and Patty Haggan, Dan and Pat Onion, and Matt Rungi. Alan was elected acting chairman in Waine Whittier’s absence. Minutes of the October 24 meeting were read and accepted.

Dan Onion presented a survey map and outlined his intentions regarding rights-of-way and boundaries pertinent to the former Alden Gordon lot depicted on tax map 11 as lot 51, which he has acquired. He was advised that these are legal issues over which the Board has no authority and thus no formal action was taken.

Matt Rungi presented a survey map depicting a proposed division of Lot 4 in Whittier Pond Overlook subdivision, which is depicted on tax map 11 as lot 6-4. In 2003 the Board had placed a note on the subdivision plan indicating that Board approval would be required for such a division; this note is referenced in Note 8 on the current survey map. It does not impose any standards for such an approval. The Board reviewed the current map and discussed it and voted 3 – 0 to approve the division and signed the mylar and paper copies.

The Haggans outlined their plans to acquire land on Flying Pond depicted on tax map 11 as lot 60 and currently taxed to Donna Woodward. They said the well and septic system are in place. They may want to move the septic tank. They were advised that they will need a SSWD permit to do this, and that they would need an entrance permit from the Road Commissioner to access the parcel directly from Klir Beck Road. SZO setback requirements were outlined. They were advised that they can remove a dead tree near the pond. SZO rules for stairways and paths to the pond and for timber pruning and harvesting were outlined.

Recently issued permits will be turned in when Waine returns.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD SEPTEMBER 26, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were  Alan Williams, Ed Lawless, Tim Bickford, and Creston Gaither. Alan was elected Acting Chairman in Waine Whittier’s absence. Scott Horne appeared briefly regarding the Viscusi lot on Flying Pond and provided the documentation the  Board had required at its July meeting and was given the permits the Board had approved. Minutes of the August 22 meeting were read and accepted.

The Board reviewed Ken Kokernak’s proposal to place an 8’ x 12’ shed on his Flying Pond property, depicted on tax map 10 as lot 2-N, and also reviewed his sketch of the site. The Board waived the usual site visit as the proposal is of minimal impact, and some members are familiar with site.

Based on Mr. Kokernak’s sketch and emailed application, 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.

It was voted 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Responsibility for assigning new street address numbers was discussed briefly with no conclusion.

The Meeting adjourned at 7:25 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD AUGUST 22, 2018

At 6:15 PM regular members Waine Whittier, Ed Lawless, and  Creston Gaither met at the Harpines’ site on Flying Pond, shown on Tax Map 10 as Lot 42, with regular Board member Alan Williams acting as the owners’ representative. The owners’ proposal to enlarge the existing deck on the existing  camp with decks and a porch was discussed.

The Board’s regular meeting convened at 7:00 PM at the Town House. The discussion of the Harpines’ proposal continued. Page 4 of the Shoreland Zoning Ordinance was briefly reviewed.  The new construction is to rest on posts and thus there will be no excavation; no trees are to come down. A number of erosion control measures had been observed in place during the aforementioned site visit. Alan will redraw his sketch of the proposal. He recused himself from the Board’s formal deliberations in this matter.

Based on its site visit and on Alan’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.

It was voted 3 – 0 to authorize Creston to issue the usual permit by letter for this proposal, upon receipt of Alan’s revised sketch.
 
The Meeting adjourned at 7:40 PM.

                                                          
Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JUNE 27, 2018

At 6:00 PM regular members Waine Whittier, Ed Lawless, Creston Gaither, and Tim Bickford met with contractor Adam Gottlieb and owner Mark McAuliffe on Mark’s property on Whittier Pond, depicted on tax map 11 as lot 6-7, to consider his proposal to enlarge the existing deck by 4 feet and construct a dormer on the roof of the existing house, and to remove the existing steps to the pond and to construct new steps to  the pond to within 30  or 40  feet of the existing dock, and to construct  a 6-foot wide meandering trail from near the house to the dock, and to build or install a 12’ x 20’ shed at the start of the trail, and to expand the existing stone parking area northerly of the house and remove a 15 inch +/- existing hemlock in this area, and to install a kayak and canoe rack at the shore.

At 6:50 PM the Board met with Don Ripley on his Flying Pond property depicted on Tax Map 10 as Lot 34, to discuss his proposal  to remove two 24” +/- oaks near the southwesterly corner of the parcel; he believes they’re damaged and likely to fall.

At  7:10 PM the Board convened its formal meeting at the Town House, being joined there by Mark and Don and regular member Alan Williams. Minutes of the May 23 meeting were read and accepted.

Don Ripley’s proposal was discussed first. Shoreland Zoning Ordinance (SZO) Sect. P.(2)(e) was briefly reviewed. Waine noted that item 5 in Table 1 in the ordinance indicates that this type of timber harvest is permitted in the Limited Residential Zone without a permit. Don was advised that if he removes these trees in accordance with the SZO he will not need a permit. He said that All Seasons Tree of Belgrade will do the work. Creston will email Don confirming the Board’s finding.

The Board then discussed Mark McAuliffe’s proposal.

As to the steps: it was agreed that erosion control measures and best practices should be employed  during construction.

Regarding  the parking area: if excavation becomes necessary on the northerly side of the driveway, erosion control measures must also be taken.

As to the meandering path: it must not create a line of sight.

Regarding the dormer,  no SZO permit is required, but a Notification of Construction permit must be obtained.

As to the kayak and canoe rack: it was agreed that unless it has a roof it is not a “structure” as defined in the  SZO.

Based on Mark's sketch and verbal representations and on its site visit, and a favorable review of the flood hazard maps, 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 SZO Section 15, Land Use Standards.

It was voted 5 – 0 to authorize Creston to issue the usual permit by letter for the proposal.
 
The Meeting adjourned at 7:55 PM.

                                                          
Creston Gaither, secretary