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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

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous selectmen meeting.
3. Reviewed and signed Warrant #2 ($7,861.94)
4. The selectmen discussed Planning Board “Public Hearing” with John Archard. John thought the advertising notice should have had more information and detail about what was to be discussed or proposed—involving set backs and shore land zoning. The meeting is Wednesday, January 17th at 7:00pm.
5. The selectmen discussed the Ordinance Review Committee and the fact that is currently dormant.
6. The selectmen will be following up with the Code Enforcement Officer on a “junk situation” and also on a required replanting in a shore land zone area.
7. The selectmen reviewed the Bank Reconciliation report.
8. The selectmen worked on the Warrant Articles for the 2018 budget to be voted on at town meeting—March 10th.

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous selectmen meeting.
3. The selectmen signed the acceptance papers for the 2016 Audit draft from Stephen Hopkins.
4. The selectmen had general discussion about the 2018 town budget and preparations for the 2017 Town Report.
5. Ernestine Emery, Cemetery Sexton, turned in a lot conveyance. The deed was signed, notarized, and copies were made.

1. Reviewed and dispersed mail.
2. Reviewed and signed Warrant #25-to wrap up 2017 expenses. ($61,166.49)
3. Reviewed and signed Warrant #1-2018 ($25,639.03)
4. Upon arriving for the meeting, it was discovered that the heating system at the 1) Town House had run out of fuel. We proceeded to have a brief meeting in the 2) cold! (Note: Chris contacted Downeast Energy the next morning. Downcast came out, filled the tanks, and restarted the heater. Thank you to Millie Whittier of the Town House Committee for meeting them. The Town House will be put on a more frequent fuel delivery schedule.)
5. The selectmen discussed property abatements with a resident of the town of Vienna.
6. Discussed the upcoming Planning Board “Public Hearing”.

1. Reviewed and dispersed the mail.
2. Reviewed and signed Warrant #23. ($91, 007.00)
3. The selectmen discussed the issue of the small office being too cold with the new heating system in place. The selectmen are going to explore the idea of putting ceiling fans into the large area, along with possibly adding another heat source into the smaller office space. The need for more electrical outlets was also brought up. Selectmen will discuss these options with the Town House Committee in the new year.
4. The selectmen agreed to research other insurance companies to see if there are better coverage rates for the Town properties. Kyes Insurance is our current policy holder.
5. Meeting Adjourned.

1. Reviewed and dispersed mail.
2. Read and accepted minutes from theprevious selectmen meeting.
3. Reviewed and signed Warrant #22 ($154,103.99).
4. Dodi reported that the Town House fire extinguishers were services earlier today. All town fire extinguishers have been inspected and serviced for the year. This was performed by Tri State Fire and Safety.
5. The selectmen discussed with the road commission about preparation for the winter road maintenance, recent paving and repairs to the roads after the recent heavy rain and wind activities. Mountain Road in particular was mentioned. It was reported that 2000 yards of sand and 265 tons of salt have been put up in prep for winter road maintenance. Selectmen Smith filled our Form 7 and applied for reimbursement from FEMA for money spent of repairs to the town road from the recent storm. The application was filed for approximately $13,000.
6. Assisted Ms. Vickerson with reviewing property cards and tax maps.
7. Bank Reconciliation report was signed by the selectmen.
8. The Fire Department has purchased the new tank for the SCBA packs. The firefighters have taken photo along with a couple of firefighters in full turn out gear. The photo will be sent to the King Foundation with a note of thanks for their generous donation/grant.

The meeting convened at the Town House at 7:00 PM; members present were Waine Whittier, Ed Lawless, Alan Williams, Creston Gaither, and Tim Bickford. Minutes of the Oct. 25 meeting were read and accepted.

Creston noted that the property shown on Tax Map 10 as Lot 42 and described as the “Moore” property in September’s minutes is in fact now owned by Beverly and Bryan Harpine. Creston amended the permit the Board approved for this lot in September at the time of its finalization.

Possible ordinance changes were discussed.

Waine noted that M.R.S.A. Title 38 § 439-A as shown on page 169 of the Land Use Pamphlets recites the prospective change to the Shoreland Zoning Ordinance (SZO) regarding the expansion of non-conforming uses. As it uses footprint and not volume as its criterion it appears to make the rules a bit more lenient. It was agreed to submit this change to the selectmen for adoption at the March Town Meeting.

Existing setback requirements in the Subdivision and Shoreland Zoning Ordinances were reviewed and discussed. Alan suggested that the SZO language be made a part of the Subdivision Ordinance as surveyed right-of-way lines are normally required for subdivision approval.

The Board agreed that a public hearing should be held regarding these changes. The Board also agreed to cancel its December meeting and to hold the public hearing at its January meeting which was re-scheduled for January 17. Creston will advertise these dates.

3 recent permits were briefly reviewed. 

The Meeting adjourned at 7:45 PM.

                                                          
                                                            Creston Gaither, secretary