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