MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JULY 27, 2016

The meeting convened at 7:00 PM at the Town House on Town House Road.

Regular Board members present were Waine Whittier, Alan Williams, Ed Lawless, and Creston Gaither. Also present were selectman Chris Smith, Code Enforcement Officer John Archard, and Ordinance Review Committee members Marianne Archard and Sue Burns. Creston had advertised this meeting as a public hearing to discuss disparities between setback requirements found in the Building, Shoreland Zoning, and Subdivision ordinances.

It was agreed that the Board’s finding that the Nathan James’ proposal for tax map 3 lot 40-K (see June minutes) provides for disposal of wastewater was likely erroneous. John Archard has visited the site and found only a straight pipe draining gray water, with a privy also in place. This is not permissible under State law. John and Mr. James and Ken Stratton are working toward a resolution.

The public hearing then came to order. Setback requirements were discussed at length. It was noted by several in attendance that measurements from the travelled way within a road are often more practical to make than measurements from right- of-way lines. The centerline of the travelled way is often more readily apparent than is its edge.

Uncertainty was expressed as to the optimum setback from roads with regard to aesthetics and safety and road maintenance and snowplowing.

Sue will try to find out what neighboring towns are doing in this regard. She also said that more data regarding the issues at hand should be gathered before changes are made to the ordinances.

Chris said that the selectmen are unwilling to call a special town meeting on this issue this year.

The Ordinance Review Committee will meet September 22; if they make good progress they will come to the Planning Board’s September meeting. If not they will come in October.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 22, 2016

At 6:20 Regular members Waine Whittier, Creston Gaither and Ed Lawless met with Nathan James on his Kimball Pond site shown on tax map 3 as lot 40- K, to consider his proposal to add a 6 foot loft on the main portion of the existing camp and to place fill in the existing driveway, which is low and wet; and to place fill in a low wet area between the camp and the pond, and to remove 3 trees which he feels constitute a safety hazard.

At 7:00 PM the said Board members arrived at the Town House and were joined by Nathan for the Board’s regular meeting, with regular member Alan Williams also present.

Minutes of the May 25 meeting were read and accepted.

Creston said he is still working on locating the minutes for August 24, 2011 (see May minutes).

The Board discussed Mr. James’ proposal as outlined above. Section 15.P. of the Shoreland Zoning Ordinance (SZO) was reviewed. It was agreed that the three trees can be removed without a permit. Alan has visited the site separately and all present agreed that the trees are a hazard.

Table 1 and Section 15.H.(6). Of the SZO were reviewed. Item 20 in Table 1 indicates that filling of less than 10 cy is allowed without a permit. It thus appears that the driveway and lawn area can be filled. It was recommended that crushed stone be used.

As to the loft proposal, it appears that the footprint of the existing structure will remain unchanged, and that it lies about 28 feet from high water mark;

based on Nathan’s verbal representations and the Board’s observations on site, and assuming a favorable subsequent review of the pertinent FEMA flood map, which Creston agreed to examine, the Board concluded that this 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 to authorize Creston to issue the usual permit letter for this proposal, subject to these CONDITIONS:

1. The driveway will be rebuilt in such fashion as to divert runoff to its sides.
2. Stone will be placed beneath the new drip edges because the height of the roof will be higher.
3. Nathan will obtain the necessary Building Permit from Code Enforcement Officer John Archard.

Disparities in setback requirements between the Building Ordinance and the SZO and the Subdivision Ordinance were discussed. Creston’s interpretation is that the Subdivision Ordinance setback requirements would only apply to a subdivider building in a proposed subdivision but agreed that this could be argued otherwise and that it should be clarified.

Alan felt that this issue should not be left until March and that 15 feet from a right-of-way line or 40 feet from a travelled way as in the SZO should be instituted in all the ordinances. Alan will bring language for this proposed change to the next meeting.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 21, 2011

AT 6:30 PM regular members Alan William and Ed Lawless and Creston Gaither met at the Seymour property on Flying Pond (tax map  11 lot 16-W). Alan acted as the owners' agent. They would like to extend the existing roof to cover the open deck on the pond side of the existing structure. and install a new shed.

The regular meeting began at 7:00 PM at the Town House. Alan was elected Acting Chairman in Waine Whittier's absence.

Minutes of the August 24 meeting were read and accepted.

The Board then considered the Seymour proposal.The Board noted that the existing deck is non-conforming with current setback requirements being 30 to 35 feet from high water. The proposed shed should probably be sited at a more westerly location to meet the 100 foot pond setback requirement.

Recently issued permits were briefly reviewed.
 
The meeting adjourned at 7:30 PM.    

    Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MAY 25, 2016

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither and Ed Lawless.

Minutes of the April 27 meeting were read and accepted.

It was noted that the April 27 minutes exclude Findings of Fact for the Burtt application and that the Board, pressed for time as daylight faded, had not gone through them on the Burtt site that night. The Board therefore went through the usual Findings of Fact as per the Shoreland Zoning Ordinance, and retroactively confirmed that the Burtt application of April 27, 2016:

(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.

Creston briefly outlined the gap in the records of the Board’s minutes on the Town website concerning late summer 2011.  He will try to locate the missing minutes and have them posted on the website.

Minutes of the September 21, 2011 meeting, which were evidently never formally accepted by the Board, were read and accepted as a matter of form.

Alan Williams has raised concerns about the disparity in setback requirements between the new Building Ordinance and the Subdivision Ordinance. These were briefly discussed and it was agreed to table the matter until the March Town Meeting approaches more closely.

State grants regarding broadband service were briefly discussed.

The meeting adjourned at 7:45 PM.

                                                          
                                                            Creston Gaither, secretary                                                                   

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting.
3. Discussed Sand and gravel issue from this last winter/spring with property owner. The party has been given a 30 day extension due to family issues.
4. Selectmen Committed Taxes for 2016, the mil rate will be .01845. 5.
5. Kennebec County Taxes are $67,635 for 2016. Revenue sharing went up $2500.00 from last year.
6. The new Homestead Exemption is $15,000 (up from the previous $10,000). This year we added 24 homeowners to the list. In total we have a value of $3,352,900 of homestead exemptions. The Town will receive a reimbursement based on a value of $1,676,450.
7. The Vienna portion of the proposed RSU #9 budget is up by $13,000. The town currently has 56 students attending RSU 9.
8. Selectmen discussed the damage done to the Kimball Pond Road. It was reported that someone loaded an Excavator onto a load bed and caused damage to the pavement. The selectmen will contact the person who is believed to have been responsible for the damage.

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting.
3. Reviewed and signed Warrant #10 ($12,464.36)
4. Graffiti found on the Davis road has been removed. Driveway sealer was applied to cover up the graffiti which was done with spray paint. The Police have been notified and an investigating is ongoing.
5. The road side mowing is going out to bid. All bids will be opened on Tuesday, July 26th. The selectmen reserve the right to refuse any and all bids.
6. Faxed property cards to realtors.