MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD APRIL 28, 2021
At 6:15 PM regular members Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford visited the Heath Dolloff lot on Flying Pond, shown on tax map 11 as lot 13-H to consider Mr. Dolloff’s proposal to add a platform and deck with a porch on the southerly end of the existing house along with a porch and stairs on the westerly side of the house.
The regular meeting convened at the Town House at 7:00 PM, with the aforesaid members present along with regular member Alan Williams. Minutes of the March meeting were read and accepted.
Bob Nurse appeared; he wants to build a 2-car garage within the Stream Protection District. He would like it to be about 50 feet from the brook. Waine read from pertinent sections of the Shoreland Zoning Ordinance, which indicate that the Board of Appeals could issue a variance for this use based on a finding of hardship. Bob was advised that the Planning Board would be unlikely to approve an application for the garage as Bob described it. The requirements for a finding of “hardship” were reviewed; it seems unlikely that Bob could meet them.
It was noted that the Board had not made Findings of Fact regarding the Morin permit it approved in March. The permit has not yet been issued. Findings of Fact were made and the Board voted 4 – 0 to reaffirm its approval of the permit. Tim Bickford abstained as he had missed the March meeting.
The Dolloff application outlined above was considered. An informal site plan has been received. It was agreed that, given the steep slopes on the site, that conditions of approval should include the stabilization of the soil in the vicinity of the proposed deck. Based on its on-site observations and on the site drawing, and a subsequent examination of the pertinent flood hazard map, the Board determined that the project as outlined above:
- Will maintain safe and healthful conditions;
- Will not result in water pollution, erosion, or sedimentation to surface waters;
- Will adequately provide for the disposal of all wastewater;
- Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat
- Will conserve shore cover and visual, as well as actual, points of access to inland waters;
- Will protect archaeological and historic resources as designated in the comprehensive plan;
- Will avoid problems associated with floodplain development and use; and
- Is in conformance with the provisions of Section 15, Land Use Standards.
The Board voted 4 – 0 to authorize Creston to issue the usual permit by letter, with the said condition of approval included. Alan abstained as he has represented the applicants.
CMP “pole permit” policy was discussed. Tim said the pertinent statute covers all permits under 30 MRSA & not just subdivision and shoreline zoning. Waine proposed that individual Board members be authorized to sign Form 1190 provided that they are confident that any proposed structures have the requisite Notification of Construction and SSWD permits, along with any SZO permits required, and that it is not part of an illegal subdivision This was adopted as Board policy 5 – 0.
The meeting adjourned at 7:40 PM.
Creston Gaither, secretary