Planning Board Meeting - April 26, 2023

 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  APRIL 26, 2023

 

At 6:20 PM Regular members Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford met with Jeff Castonguay at his Flying Pond property shown on Tax Map 11 as Lot 60-H to consider his proposal to build a wooden staircase thereon between his house and the pond. The Board then briefly visited the neighboring Medina property regarding some trees the owners would like to remove. The regular meeting convened at the Town House at 7:00 PM with the aforesaid members present; also present were Andy Dunbar of Thayer Engineering, and Lory Zamboni. Minutes of the February 22 meeting were read and accepted.

 

Andy is consulting with Greg and Carrie Schulze, owners of land at 568 Ithiel Gordon Road depicted on tax map 11 as lot 43-P. He attended the Board’s March meeting regarding this parcel. The Schulzes would like to amend their previous proposal to include a storage building on a slab with a frost wall, being basically a garage with storage room overhead. Andy presented a fairly detailed site plan of which he will send Creston a copy.He said that no plumbing is involved and was told a Notification of Construction permit will be required. Estimated total cost for the project is $25,000. It was noted that the usual erosion control measures etc. will be required.

 

Based on its on-site observations and Andy’s site plan and verbal representations, and a subsequent examination of the pertinent flood hazard map, the Board determined that the project as outlined above:

 

(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 voted 5-0 to authorize Creston to issue the requisite permits.

 

Lory Zamboni presented a preliminary plan of the proposed Kohtala Trust land subdivision. Creston said a written application has been drawn up and he will bring it to the next meeting. It was agreed that a dated receipt for a complete application can be issued once the soil test boring locations have been added to the preliminary plan. Creston will get these locations from the site evaluator and revise the plan to show the borings.

 

It was noted that the Subdivision Ordinance prohibits construction in a subdivision prior to subdivision approval. Section 6A of the Ordinance was reviewed; it appears that the Board can waive the construction prohibition if circumstances warrant. It was agreed that a Notification of Construction permit for the house Lory is planning could be issued; the Board voted 4 – 0 to allow this; with Creston recused from the vote.

 

The Castonguay proposal was discussed. Alan said that any post holes needed will be hand dug, and that no trees are to be cut.

 

It was agreed that portions of the existing footpath which remain uncovered are to be stabilized with mulch or crushed stone.

 

The usual findings of fact were made; it was voted 4 – 0 to authorize Creston to issue the requisite permits.

 

The meeting adjourned at 8:05 PM

 

Creston Gaither,secretary

 

 

 

 

Planning Board Meeting - February 22, 2023

NO FORMAL MEETING HELD IN JANUARY
 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  FEBRUARY 22, 2023

 

Because of a snowstorm there was no quorum available for the meeting scheduled for January 25. Alan and Waine met briefly at the Town House at 7:00 PM but no formal business was conducted. Tonight’s meeting convened at the Town House at 7:00 PM; regular members present were Ed Lawless, Creston Gaither, and Tim Bickford. In the absence of chairman Waine Whittier, Creston was elected Acting Chairman. Minutes of the December 28 meeting were read and accepted. The Board voted 3-0 to concur with Waine’s email to Wally Seymour of January 31 advising Wally that no permit is required for the tree removal at tax map 11 lot 11-W about which he has inquired, so long as the work conforms with Shoreland Zoning Ordinance standards.


The meeting adjourned at 7:20 PM.

 

my signature bw.tifCreston Gaither, secretary

 

 

 

 

Planning Board Meeting - November 23, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD NOVEMBER 23, 2022

 

The meeting convened at the Town House at 7:00 PM; regular members present were Waine Whittier, Alan Williams, Ed Lawless, Creston Gaither, and Tim Bickford. Also present were Lory Zamboni and Wendy Leighton. Minutes of the October 26 meeting were read and accepted.

 

Printed copies of Wendy Leighton’s email bearing today’s date were read. She was advised that the Planning Board has no enforcement power, especially regarding the plumbing code and that Vienna has no Code Enforcement Officer at the moment. She believes that the State has approved her composting toilet and was advised to see that Plumbing Inspector John Archard gets this data. She was advised to move her shed and get a septic design and get a new SSWD permit and then install the system.

 

Lory Zamboni says that when Marie Kohtala died last year the Kohtala Family land trust ceased to exist and that the former Kohtala land now belongs to Marie’s 4 children and the late John Kohtala’s widow. Lory was advised that the sale of a lot to a non-family member within 5 years could create a subdivision requiring municipal approval under the State Subdivision law. After a review of Title 30-A §4401 Section D and a discussion it was voted 4-0 that the division among family members which Lory described would not require municipal review and approval; Creston recused himself, having surveyed the property in question and being an employee of Acme Land Surveying, LLC, which is expected to survey the lots to be created.

 

The meeting adjourned at 8:00 PM.

 

Creston Gaither, secretary

Planning Board Meeting - December 28, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD DECEMBER 28, 2022

 

The meeting convened at the Town House at 7:00 PM; regular members present were Waine Whittier, Ed Lawless, Creston Gaither, and Tim Bickford. LoryZamboni was also present. Minutes of the November 23 meeting were read and accepted.

 

The Board reviewed attorney Paul Mills’ email of December 2 regarding the dividing of the Kohtala Trust land and arguing that the proposal would not be exempt from municipal subdivision review because the parcels would be “exchanges” rather than gifts, even though no money will change hands, and because the grantors have not held the land for at least 5 years as required by Title 30-A § 4401. The Board then determined that review will be required.

 

Creston will email Lory a copy of the Town Subdivision Ordinance.

 

The Board reviewed the Subdivision Ordinance Section 4D and agreed to waive the requirement for a location map.

 

Lory says no new sewers or culverts or roads are planned.

 

The Board also waived the requirement for contour lines and that for cross-sections, which is evidently not applicable. Page 4 was reviewed and Lory was advised that a written application will be required.

 

The meeting adjourned at 7:45 PM.

 

Creston Gaither, secretary

 

 

 

 

Planning Board Meeting - October 26, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  OCTOBER 26, 2022

The meeting convened at the Town House at 7:00 PM; regular members present were Waine Whittier, Alan Williams, Ed Lawless, Creston Gaither, and Tim Bickford. Minutes of the September 28 meeting were read and accepted.

Kathryn Dion’s inquiry about removing a diseased tree on her lot on Cemetery Road, shown on tax map 10 as lot 56-F, was discussed. The Shoreland Zoning Ordinance was briefly reviewed. Item 5 in its Table of Uses clearly indicates that the tree can be removed without a permit. Evidently only one tree is involved. The Board voted 5 – 0 that neither a permit nor a site visit is required. Waine will advise her of this.

Recent permits issued by members were briefly reviewed and discussed.

The meeting adjourned at 7:30 PM.

 

my signature bw.tifCreston Gaither, secretary

Planning Board Meeting - September 28, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  SEPTEMBER 28, 2022

 

At 6:30 PM Regular members Waine Whittier, Alan Williams, Ed Lawless and Creston Gaither visited Angela Bell’s property on Davis Pond and at 70 Jesse Ladd Road shown on tax map 6 as lot 82. She would like to build a house on the lot.

 

At 7:00 PM these members arrived at the Town House for the Board’s regular meeting. The Bell proposal was discussed; erosion control measures having been observed on site, and based on its site visit and the site sketch provided, and a subsequent examination of the flood hazard maps, the Board found 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 to authorize Creston to issue a SZO permit for this work.

 

Waine received a call from Jeremy Law regarding construction of a deck for a camp on Flying Pond. Waine outlined Shoreland Zoning requirements for him.

 

The meeting adjourned at 7:20 PM. 

 

Creston Gaither, secretary

Planning Board Meeting - July 22, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JULY 22, 2022

At 6:30 PM Regular members Waine Whittier, Alan Williams, Tim Bickford and Creston Gaither visited the Kelley site on Flying Pond depicted on tax map 10 as lot 8-N regarding Kevin Kelley’s inquiry about tree removal.

The regular meeting convened at 7:00 PM at the Town House. The aforesaid members were present, along with Anne Eiseman. Minutes of the June 22 meeting were read and accepted.


The Eisemans would like a new Shoreland Zoning Ordinance (SZO) permit for the project at 10 Day Road on Kimball Pond which they first proposed in 2020. As the Board visited the site at that time, it was agreed to waive the usual site visit. The project remains as proposed in 2020. The Board voted 4 – 0 to issue a new permit, essentially identical to the 2020 permit, and to waive the fee because the Eisemans self-reported the situation and because Covid has delayed so many things in recent months. Alan advised the Board that the SSWD permit for the project does not expire.


Kevin Kelley’s proposal to remove the flagged trees on the aforementioned site was discussed. Section 15.P.3 of the SZO was briefly reviewed. Table 1 in the SZO indicates that if the trees are removed in a manner consistent with Sect. 15.P.3, no permit is required for the work. Waine will send Mr. Kelley an email to this effect.


A memo from Plumbing Inspector John Archard was discussed. It was agreed that in some cases Board members issuing permits may want to advise applicants that they may need an internal plumbing permit.

Stephine Hickman would like us to sign an 1190 Form for a CMP connection on land depicted on tax map 3 as lot 25. It was briefly discussed and Waine signed it and left it for Laura Church to forward.

The meeting adjourned at 8:55 PM.

 

Creston Gaither, secretary

Planning Board Meeting - August 24, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD AUGUST 24, 2022

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Alan Williams, Tim Bickford and Creston Gaither. Also present were Richard Stake and Bob Nurse. Minutes of the July 27 meeting were read and accepted.


Richard Stake expressed concern about jet skis on Kimball Pond. Someone told him there are no rules on this pond. The Board advised him that State statutes regarding Great Ponds apply to Kimball Pond, but that the Planning Board has no enforcement power. He says that an access ramp into the pond has been built without a permit. He was advised that DEP controls access ramps and that the Game Warden probably has some enforcement power in this regard.


Alan said that his wife Donna Williams would like to split lot 1 in Siegler Subdivision, shown on tax Map 7 as lot 4-1, into two lots. There is no note on the subdivision plan requiring Board approval for this.

It was moved that Creston should draft a letter stating that the Board does not believe that Board approval is required for the division because more than 5 years have passed since Lot 1 was created, and the proposed lots will exceed the 2 acre minimum required for the original subdivision. The Board voted 3 – 0 in favor of this, with Alan recusing himself from the vote.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

Planning Board Meeting - June 22, 2022

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  JUNE 22, 2022

 

At 6:30 PM Regular members Alan Williams, Ed Lawless and Creston Gaither, made site visits to the Weisz and Medina sites on Flying Pond.

The regular meeting convened at 7:35 PM at the Town House. The aforesaid  members were present. Minutes of the  May 25 meeting were read and accepted.

The Weisz application was discussed. Doug Weisz would like to build an addition and to extend the existing roof and place a kayak rack, at his property shown on tax map 11 as lot 8-W. As there is to be no net gain in the number of bedrooms, it appears that a SSWD permit is not required. In view of the apparent non-conformance with the Shoreland Zoning Ordinance (SZO) 15-foot sideline requirement, it was agreed that an easement to allow this must be obtained from the northerly abutter. In view of the slopes observed on the site it was agreed that best management practices should be required. The Board made Findings of Fact as outlined in the permit and voted 3 – 0 to authorize Creston to issue a SZO permit upon receipt of proof that the aforesaid easement has been recorded at the Registry of Deeds.

The Medina proposal was discussed; the Medinas own land shown on tax map 11 as lot 14 – H and would like to replace the existing camp there with a new house. The Board has received their application dated June 21. As there is to be no net gain in the number of bedrooms, it appears that a SSWD permit is not required. In view of the slopes observed on the site it was agreed that best management practices should be required. It was agreed that the existing setback from the pond must not be reduced. The Board made Findings of Fact as outlined in the permit and voted 3 – 0 to authorize Creston to issue a SZO permit with restrictions as outlined above.

The meeting adjourned at 8:05 PM.

Creston Gaither, secretary