MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD OCTOBER 22, 2025

The meeting convened at 7:00 PM at the Town House; regular members present were Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford; alternate member Steve Trehu was also present; he was made a voting member in Alan Williams’ absence. Minutes of the September 24 meeting were read and accepted. It was noted that the revegetation plan described therein must be submitted to the Planning Board.

Mark Rains appeared and outlined some possible divisional lotting of his home property. The Subdivision Ordinance dimensional requirements were briefly reviewed, and requirements for subdivision approval were outlined. No formal action was taken. Mark left at 7:35 PM.

Greg Stewart has talked to Waine about a septic system on Lot 11 Herrin Woods subdivision. Waine advised him that it’s a State law matter and that Plumbing Inspector Erin Quimby could better advise him. Waine told him that it may be a very steep lot and that he should study the Shoreland Zoning Ordinance regarding its “buildability.”

Thomas Potter’s October 18 email inquiry regarding timber harvesting on his Tower Road parcel was discussed. It was agreed that email responses correctly informed him that he will not need a permit from the Town but that there may be a State permitting requirement.

Waine would like the Board to discuss the importance of advising applicants that no one member can speak for the Board.

Waine met with the selectmen  and they have enacted the 180-day extension we need for the solar systems ordinance. He told them we’d like to have the ordinance ready for the March town meeting and to hold a public hearing for it before then.

Habitation has been noticed on the southerly end of the lot shown on tax map 6 as lot 5; evidently the selectmen signed CMP’s Form 1190 for the occupants.

It was agreed to cancel the Board’s scheduled November and December meetings in view of the holidays and to hold a “make-up” meeting on December 10 & to hold a public hearing on the solar ordinance that night. Creston will advertise this.

Waine said that Lidie Robbins met with the Swifts (see September minutes) on behalf of 30 Mile River Watershed Association ; she said it was a friendly meeting and that she gave them the name of a professional who could do the required revegetation plan.

The meeting adjourned at 8:20 PM.

          Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD SEPTEMBER 24, 2025

At 6:30 PM regular members Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless and
alternate member Steve Trehu and Code Enforcement Officer Erin Quimby met with
contractor Paul Brandt and landowner Jill Swift on Jill’s lot at 5 Loon Cove Rd. on
Whittier Pond, shown on tax map 11 as lot 6-7, to consider issuing after-the fact permits
for a deck Paul has built on the existing house and to observe recent cutting between the
house and the pond about which neighboring owners have contacted both the Board and
Erin.

At 7:00 PM all of the above convened for the Board’s regular meeting at the Town House;
Steve was made a voting member in Tim Bickford’s absence.

The Swift lot was discussed. Requirements for after-the fact permits for the deck were
discussed. Paul said he would send the required photos and sketch. Steve mentioned that
after-the-fact issuance may be a lost opportunity for a teaching moment.

Based on its on-site observations and Paul’s verbal representations, and a subsequent examination of the pertinent flood hazard map, the Board determined that the deck:

(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 Shoreland Zoning Ordince (SZO)
permit along with a Notification of Construction permit for this work, conditional upon receipt
of the above-mentioned photos and sketch.

Regarding the cutting observed during the above-mentioned site visit : it was agreed that a
voluntary amelioration would be preferable to a legal violation prosecution. Jill is aware that
local landowners are concerned about this. Section 15. P. 2 of the SZO was reviewed briefly as regards the point system. The 24 points required may be difficult to achieve. It does not appear that many large trees were cut. A revegetation plan that conforms with the SZO prepared by a professional should be submitted. 30 Mile River Watershed Assoc. was mentioned as a possible source for a professional. As to immediate redress Alan said that a row of hay bales at the top of the steep slope about 100 feet from the pond would be beneficial. It was agreed that the Swifts must provide a revegetation plan which Erin will administer and that a berm must be installed at the top of the slope about 6 or 8 feet from the pond as soon as possible. It was voted 5-0 to require these berms.

Creston will send the Swifts an email outlining the requirement for the berms within 30 days;
and regarding the revegetation plan within 60 days.

The Board was pleased that Jill was amenable to this amicable and non-confrontational
resolution.

Waine will write a response to the concerned neighbors and run it by the rest of the Board.

Regarding the revised draft of the proposed Commercial Solar Energy Ordinance, MMA
advises against changing “Code Enforcement Officer” to “Solar Officer,” as there is a need for enforcement credentials. Waine thinks we should have this position revert to the Planning
Board. MMA also says the “commercial” definition is too vague. Waine thinks it should be
defined by a square footage threshold Steve suggests using the definition used in the SZO.
Waine will revise the draft ordinance.

It was noted that the 180 day moratorium is up and an extension should be sought from the
selectmen.

Steve said that Jill Swift’s mention of people to whom she rents implies that we should resume discussion of a short-term rental ordinance.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary