Planning Board

At 6:15 PM Regular members Ed Lawless, Alan Williams and Creston Gaither met with
contractor Jim Meader on the Thomas and Dorothy Moore site on Flying Pond, depicted on tax
map 10 as lot 42; the owners would like Jim to install a foundation beneath the existing camp,
which is currently on posts. The camp is currently about 50 feet from the pond. Some trees to
the west and east of the camp would have to come down to allow equipment and to move the
camp during construction. The rules regarding expansion of non-conforming structures in the
Shoreland Zone were informally reviewed and discussed. The Board advised Jim that going up
on the structure, as the owners would also like to do, would not be allowable. No plumbing is
involved. Jim has written authorization to act as the owners’ agent.

At 7:00 PM the Board’s regular meeting convened at the Town House with the aforesaid
members present, along with Jim Meader. Minutes of the August 23 meeting were read and
corrected and accepted. Alan was elected Acting Chairman in Waine Whittier’s absence.

The Moores’ proposal, as outlined above, was discussed. It was agreed that the usual silt fence
and erosion control measures will be required. And that the earthwork is to be done by a
contractor certified for Shoreland Zone work. Any excavated material is to be removed from the
Shoreland Zone entirely. Jim will provide the written authorization from the owners to allow
him to act as their agent. Creston will check the flood hazard maps for this parcel.

Based on its site visit and Jim’s representations and a presumption that the flood maps will
indicate no flood management issue, the Board then found that the proposal:

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 3 – 0 to authorize Creston to issue the usual permit by letter for the project.

Copies of a proposed Moratorium Ordinance regarding Recreational Marijuana were distributed
and discussed informally. The Board took no position on the matter at this time.

The meeting adjourned at 7:25 PM.

Creston Gaither, secretary

• At 6:15 PM Regular members Waine Whittier, Ed Lawless, Tim Bickford, and Creston Gaither conducted a site visit on the Shawkey property on Kimball Pond, depicted on tax map 3 as lot 26-K to consider the Shawkeys’ proposal to build a house on the property. Very gentle slopes and ample setbacks were noted. Regular Board member Alan Williams, who is acting as the Shawkeys’ agent and contractor, was present for this discussion. No formal Board action was taken a this time.
• At 6:45 PM the Board’s regular meeting convened at the Town House with Waine, Ed, Tim, Creston, and Alan present. Minutes of the May 24 meeting were read and accepted. Tim confirmed that he has been duly appointed and sworn in as a regular member of the Board.
• It was noted that on May 28 Waine, Ed, and Tim met with builder Jon Kent on the Shuster Trust property on Parker Pond (depicted on tax map 11 as lot 44)to consider Jon’s proposal to build an open deck with a roof as an entrance to the existing house there. As Creston and Alan are both familiar with the parcel they subsequently agreed with Waine and Ed that this permit should be issued.
•  Cheryl Collier appeared for a Notification of Construction permit for a shed on her Davis Road property shown on tax map 6 as lot 6. Waine issued her a permit.
• Wendy Morin and Gary Fuller arrived about 7:00 PM. Wendy asked about tree removal on her Kimball Pond Road property, depicted on tax map 3 as lot 19. The Shoreland Zoning Ordinance was briefly reviewed. She was advised that no permit is required for the removal of dead trees. She outlined the nature of the natural growth and that of what she has planted. She brought a sketch and photographs. C.M.P. Co. has removed some treetops as well. Gary Fuller was asked to take a look at the photos as he is Vienna’s new Code Enforcement Officer (CEO). He said the growth looks dense and that much revegetation will naturally occur. 
• Gary introduced himself and asked about Vienna’s Land Use ordinances. The CEO’s relationship with the Planning Board was informally discussed. Waine will mail him CEO copies of Notification of Construction permits that are issued. Creston will email him the Board’s minutes and any reminders of meetings etc. that go out.

Susan Weeks’ email of June 28 was reviewed. Creston will respond to her and will advise her:

1. to find a local person to act as her agent and to advise the Board as to who this is.
2. to provide a sketch of her proposal with dimensions shown.
3. that the Board will want to do a site visit and will plan to do so at about 6:15 PM before its next meeting.

• The Shawkeys’ proposal to build a house on their Kimball Pond parcel (as referenced above) was considered. Alan is their contractor and agent and the Board has received an email authorizing him to act in this capacity. He thus recused himself from the Board’s formal deliberations in this matter. It was agreed that a silt fence and best practices will be required and that scarified soil must be seeded and mulched. No plumbing permit has been issued yet. Creston will check the flood maps and Alan will provide a sketch.
• Based on Alan’s verbal representations, and on its site visit, and assuming a favorable flood map review, the Board determined that, upon receipt of a sketch and plumbing permit, 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 permit by letter for the project. The meeting adjourned at 7:40 PM.

Creston Gaither, secretary 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MAY 24, 2017

At 6:00 PM regular members Waine Whittier, Ed Lawless, and Creston Gaither, and prospective member Tim Bickford met with Wendy Morin on her Kimball Pond Road site, tax map 3 lot 19, to consider her proposal to have a 10’ x 14’ shed placed on a gravel pad on the site. They continued on to Libby and Allan Harville’s Kimball Pond site, tax map 3 lot 16-K, to consider their proposal to have a shed brought onto and placed on the site, and to move an existing shed, and to construct an addition on the existing cabin on the site (which is within 75 feet of the pond). The regular meeting convened at 7:00 PM at the Town House with the aforesaid regular members and Libby and Allan and Jon Kent present; regular member Alan Williams arrived and also participated. Minutes of the April 26 meeting were read and accepted.

The Board considered Jon Kent’s proposal to build an open deck with a roof as an entrance to the existing house on land of the Shuster Trust on Parker Pond, tax map 11 lot 44. He was advised that he will need a letter from the owners authorizing him to act as their agent or representative. He presented a sketch of the project. The Board will meet with Jon on site on Sunday May 28.

The Harvilles’ proposal was then considered. Shoreland Zoning Ordinance (SZO) Section 12.C.1 was reviewed, regarding relocation of non-conforming structures. It appears that the maximum square footage allowable with 75 feet of the pond is 1000 sf, and the proposal appears to be well within these limits. Proposed removal of vegetation is minimal, and no excavation is proposed so no soil erosion controls will be mandated. Libby and Allan also propose to put a ditch along the west end and the sides of the existing cabin and will fill it with crushed stone to keep water out from under the structure. As to the relocation of the more easterly shed SZO Section 12C. (2) was reviewed, as the shed in both its current and proposed locations is non-conforming with SZO setback requirements. Section (2) gives the Board some discretion as to whether the proposed relocation is the most feasible. It was noted that it would minimize tree removal near the shed. Creston will check the flood maps to see if floodplain requirements are an issue.

Based on the Harvilles’ sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, 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 permit by letter for the project.

The Board then considered Wendy Morin’s aforesaid proposal. Alan is familiar with the site.

Based on Wendy’s sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, 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 permit by letter for the project.

Waine will ask the selectmen to formally appoint Tim to the Board.

The Board then discussed Susan Weeks’ email to Annie Tibbetts of May 20 regarding her proposal to have a radon remediation structure built on her Chickadee Path property on Kimball Pond. The SZO was briefly reviewed. It appears that the structure might be permissible if it were attached to the existing building but that a separate structure would not be permissible due to setback limitations. A site visit would likely be required. Creston will relay this information to Ms. Weeks.

Ordinances were discussed:

Waine noted that the State has new recommendations for non-conforming expansions in the Shoreland Zone. Waine thinks we should present them to the Town for adoption in March. They are based on square feet of footprint and not on volume and thus seem simpler and more equitable.

It is not clear whether conflicts between the SZO and the Subdivision Ordinance regarding setbacks were resolved by the recent Town vote on ordinances.

It was suggested that the Telecommunications (or “cell tower”) Ordinance should perhaps be revised to more clearly prohibit construction close to residences.

It is not clear whether Vienna should have some sort of minimal Building Ordinance implementing setback requirements.

It was noted that several nearby towns are reacting to the recent marijuana legalization vote with new ordinances. It is not clear whether this is within the Planning Board’s purview. Alan noted that if all the surrounding towns ban outlets there will be pressure on any town that has no controls.

The meeting adjourned at 8:05 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 26, 2017

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Ed Lawless, Alan Williams, and Creston Gaither. Minutes of the March 22 meeting were read and accepted.

Proposed changes to the Building Ordinance and the public hearing to discuss them on May 1 were informally discussed.

The meeting adjourned at 7:40 PM.

Creston Gaither, secretary