Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JULY 25, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Ed Lawless, Alan Williams,and  Creston Gaither. Also present was contractor Scott Horne. Minutes of the June 27 meeting were read and accepted.

Scott presented a proposal to build a 24’ x 36’ camp with a deck on Ricci Viscusi’s  Flying Pond property depicted on tax map 11 as lot 11-H, on which the Board had met with Scott on May 23. Creston noted that he had observed a slope of approximately 24% on this lot with a hand-held clinometer when he surveyed it for Mr. Viscusi. Scott presented a text message authorizing him to represent Mr. Viscusi before the Board. He agreed to forward this to the Board in writing. Creston noted that the Shoreland Zoning Map which shows this lot as Limited Residential takes precedence over the definition of Resource Protection District found in the Shoreland Zoning Ordinance. Scott’s site sketch was reviewed and it was agreed that it must be revised to correctly show the setbacks. Scott agreed to do this and said that a Subsurface Waste Disposal (SSWD) permit is in progress.

Contingent upon receipt of the documentation outlined above, and based on its site visit and

On  Scott’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.

The Board voted 4 – 0 to authorize Creston to issue the usual permit by letter for the proposal, with these conditions:

1. Erosion control measures are to include best erosion control management practices, silt fencing, a permanent berm consisting of 2 feet of crushed stone;  and a sediment basin;
2. A catch basin for driveway and roof runoff.

Scott added that he and his company are certified for best management practices in the Shoreland Zone.

DEP’s letter to Waine of July 19 and the order attached to it were discussed. Waine will respond to it. It appears that the changes to the SZO which the Board recommended and that the Town adopted  need not be altered until the next time the SZO  is revised.
 
The Meeting adjourned at 8:00 PM.

                                                          
Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE

VIENNA PLANNING BOARD HELD MAY 23, 2018

At 6:00 PM regular members Waine Whittier, Alan Williams, Creston Gaither, and Tim Bickford met with contractor Jim Meader  at Jim and Sherri Shunney’s site on Whittier Pond, depicted on tax map 11 as lot 6-T, to consider their proposal to build a single family dwelling on the parcel, the Board noted that both the proposed septic field area and the proposed house site appear to be well-elevated above the pond.

At 6:20 the Board  met with Scott Horne at Ricci Viscusi’s parcel on Flying Pond (depicted on tax map 11 as lot 11-H), to informally discuss the buildability of this lot. Very steep slopes were noted; it was agreed that the Shoreland Zoning ordinance should be reviewed regarding slope and applicable regulations. Creston has surveyed this lot and will check his field notes for data pertinent to its slope.

At 6:45 the Board met with builder Neal Schultz on Gregory and Carrie Schulze’s lot on Parker Pond, depicted on tax map 11 as lot 43-P.They have a small shed about 8 or 10 feet from the pond near the southwesterly corner of the property, and would like to make it a screened in gazebo. Prior owner Ray Anderson’s casual recreational use of the shed in the past was noted.  The Board agreed to discuss this proposal at its imminent meeting at the Town House .

At  7:10 PM the Board convened its formal meeting at the Town House, being joined there by Jim and Neal. Minutes of the April 25 meeting were read and accepted.

The Shunneys’ proposal was reviewed with Jim, whom they have authorized in writing to act as their agent in this matter. Jim was advised that he will need a subsurface waste disposal (SSWD) permit.

Based on Jim's sketch and verbal representations,and its site visit, and contingent upon issuance of a SSWD permit, 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.

The Board then voted unanimously to authorize Creston to issue the usual SZO permit by letter for this proposal.

The Schulzes’ proposal was  discussed. Section 12.C.5 of  the SZO was reviewed briefly. It was noted that the SZO does not define “change of use,” which requires  a written application and a SZO permit. The Board voted 4- 0 that given the context of the SZO and its intended purposes  and its lack of a definition of “change of use,” the Schulzes’ proposal does not constitute a  change of use  and thus does not  require a permit.  Creston will check the flood maps as it was noted that portions of the Parker Pond flood zone are known to extend unusually far inland from the shoreline.

Regarding the aforementioned Viscusi lot, the SZO was reviewed with regard to steep slopes—slope is not discussed in the Ordinance except in its definition of a Resource Protection District, and the SZO map clearly shows that this lot lies within the Limited Residential District.                                                     

The Meeting adjourned at 8:00 PM.

Creston Gaither, secretary
 

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

The meeting convened at 7:00 PM at the Town House. Regular members present were Alan
Williams, Creston Gaither, and Tim Bickford. Alan was elected Acting Chairman in Waine
Whittier’s absence. Minutes of the February 28 meeting were read and accepted.

Alan says Jim and Kathy Meader are holding off on the project discussed in the January
minutes until they can further study recent Shoreland Zoning Ordinance changes.

The Town adopted the Board’s proposed ordinance changes at Town Meeting earlier this
month. The consensus of the Board is that we met the letter of the law as to the public hearing
and scheduling.

The Meeting adjourned at 7:20 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD APRIL 25, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine
Whittier, Alan Williams, Creston Gaither, and Ed Lawless. Also present were Ned and Kay Van
Woert. Minutes of the March 28 meeting were read and accepted.

The Van Woerts want to build a lean-to about 300 feet from their house near Whittier Pond. It
is unclear what waste disposal system would be required. It was suggested that they discuss this
with Plumbing Inspector John Archard.

They were advised that they will need a Shoreland Zoning Ordinance permit and documentation
as to the suitability of the waste disposal.

Creston will send Waine a copy of the Subdivision Ordinance in Word format.

Waine will complete a survey we received from the Dept. of Commerce.

Creston will have the Subdivision Ordinance as revised at Town Meeting recorded at the
Registry of Deeds.

The Meeting adjourned at 7:30 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JANUARY 17, 2018

The meeting convened at the Town House at 7:00 PM; Creston had advertised this meeting as a substitute for the December meeting which was cancelled in view of the Christmas holiday; tonight’s meeting was also advertised as a public hearing for proposed changes to setback requirements in the Subdivision and Shoreland Zoning Ordinances. Regular members present were Waine Whittier, Ed Lawless, Creston Gaither, Alan Williams, and Tim Bickford. Also present were Bob Bassett, John & Marianne Archard, Chris Smith, and, after 7:15, Sue Burns.

The Board considered Russ Mattson’s proposal to build an addition on his cabin on Chickadee Path on Kimball Pond, shown on tax map 3 as lot 10-K. The Board had visited this site on August 23. Bob Bassett acted as Mr. Mattson’s agent and presented the requisite paperwork. Creston has since then checked the flood hazard maps regarding this site.

Based on its site visit and Bob’s sketch and verbal representations, and Creston’s examination of the pertinent flood hazard 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, with Waine abstaining as he had not been present at the site visit, to authorize Creston to issue the usual permit by letter for this project.

The aforementioned public hearing then began.

Waine presented a draft of proposed changes to the Shoreland Zoning Ordinance (SZO) regarding expansion of non-conforming structures, pursuant to M.R.S.A. Title 38 § 439-A (as shown on page 169 of the Land Use Pamphlets).

Waine read the existing SZO and Subdivision Ordinance setback requirements and noted that the Board would like to replace the existing Subdivision Ordinance setback requirements with those from the SZO.

John Archard suggested that we add explicit language stating that in the shoreland zone the SZO requirements supersede the Subdivision Ordinance requirements if there is a conflict. Waine read the “conflict with other ordinances” provision from Sect. B.7. of the SZO, which indicates that the more restrictive provision would prevail.

Setbacks were discussed at length.

Waine proposed that we prepare a draft proposal with the existing language regarding non-conforming uses x’d out with the proposed new language shown alongside.

He also suggested that we submit two articles regarding setbacks, one for each ordinance. Sue Burns read from M.R.S.A. title 30-A §4403, which indicates that the Board can amend the subdivision ordinance after a public hearing.

Waine will ask MMA whether the Board has as much discretion as Sue’s quotation seems to suggest.

Alan moved that the Board proceed to recommend to the Town one article and not 2, requiring that Subdivision Ordinance setback requirements replicate those in the SZO. The Board adopted this motion by a vote of 4 – 1.

Waine will try to draft an article as described by Alan’s motion.

The Meeting adjourned at 8:25 PM.

Creston Gaither, secretary