Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD OCTOBER 24, 2018

On October 20 Regular members Waine Whittier, Alan Williams, Ed Lawless, and Creston Gaither met with Bob Bassett and Bill and Darlene Zweigbaum on a site on Kimball Pond depicted on tax map 3 as lot 45-K, which the Zweigbaums expect to acquire, to discuss their proposal to place a gravel pad there to support a recreational vehicle.

On October 24 the Board’s regular meeting convened at the Town House at 7:00 PM; regular members present were those listed above along with Tim Bickford; Bob Bassett was also present. Minutes of the Sept. 26 meeting were read and accepted.

The Zweigbaum’s proposal was considered. Bob Bassett is acting as the Zweigbaums’ local agent; they have forwarded written authorization for this. The Board had issued a permit for a similar proposal for this parcel to Bruce Buzzell on November 7, 2010. It was briefly reviewed. It was agreed that condition number one from that permit, regarding mulch and erosion control, should be imposed on the Zweigbaums’ permit if it is issued.

Based on Mr. Zweigbaum’s sketch and the Board’s site visit, 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.

It was voted 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Alan applied as agent for David Gifford to install 2 temporary pads to allow CMP to excavate for underground power lines on Mr. Gifford’s Flying Pond property depicted on tax map 10 as the southeasterly portion of lot 35. Alan has already installed silt fencing across the entire lot. He says all bare ground has been mulched with erosion control mulch. Alan recused himself from the Board’s deliberations in this matter. The usual site visit was waived as the Board is familiar with the site.

Based on Alan’s sketch and verbal representations,, 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.

It was voted 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Tim is willing to do the assignments of street numbers as discussed at the September meeting. This will be his undertaking and not the Board’s.

Recent permits were reviewed and processed.

Creston will contact CEO Gary Fuller about the work evidently underway on the Flying Pond parcel formerly owned by the Picards and shown on tax map 11 as lot 2-H.

The Meeting adjourned at 7:55 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD NOVEMBER 28, 2018

On November 4 Regular members Waine Whittier, Alan Williams, and Creston Gaither met with Joanie Peter on her Flying Pond depicted on tax map 11 as lot 2-H, regarding ongoing work which the Board had discussed briefly at its October 24 meeting. A shed is under construction and steep slopes were noted; exposed bare ground on an existing steep access road was the Board’s major concern. The shed’s setbacks and dimensions appeared to conform with Shoreland Zoning Ordinance (SZO) requirements, and a silt fence is in place between the shed and the pond. Hay bales and water bars were suggested for the access road.

Based on Ms. Peter’s verbal representations and its visual inspection, 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.

It was voted 3 – 0 to authorize Creston to issue the usual permit by letter for this proposal (after the fact), on this condition: hay bales or other erosion control measures must be put in place to stabilize the lower portion of the access road.

Tonight’s regular meeting convened at the Town House at 7:00 PM; regular members present were Alan Williams, Creston Gaither, and Tim Bickford; also present were designer Andre Duby, John and Patty Haggan, Dan and Pat Onion, and Matt Rungi. Alan was elected acting chairman in Waine Whittier’s absence. Minutes of the October 24 meeting were read and accepted.

Dan Onion presented a survey map and outlined his intentions regarding rights-of-way and boundaries pertinent to the former Alden Gordon lot depicted on tax map 11 as lot 51, which he has acquired. He was advised that these are legal issues over which the Board has no authority and thus no formal action was taken.

Matt Rungi presented a survey map depicting a proposed division of Lot 4 in Whittier Pond Overlook subdivision, which is depicted on tax map 11 as lot 6-4. In 2003 the Board had placed a note on the subdivision plan indicating that Board approval would be required for such a division; this note is referenced in Note 8 on the current survey map. It does not impose any standards for such an approval. The Board reviewed the current map and discussed it and voted 3 – 0 to approve the division and signed the mylar and paper copies.

The Haggans outlined their plans to acquire land on Flying Pond depicted on tax map 11 as lot 60 and currently taxed to Donna Woodward. They said the well and septic system are in place. They may want to move the septic tank. They were advised that they will need a SSWD permit to do this, and that they would need an entrance permit from the Road Commissioner to access the parcel directly from Klir Beck Road. SZO setback requirements were outlined. They were advised that they can remove a dead tree near the pond. SZO rules for stairways and paths to the pond and for timber pruning and harvesting were outlined.

Recently issued permits will be turned in when Waine returns.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD SEPTEMBER 26, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were  Alan Williams, Ed Lawless, Tim Bickford, and Creston Gaither. Alan was elected Acting Chairman in Waine Whittier’s absence. Scott Horne appeared briefly regarding the Viscusi lot on Flying Pond and provided the documentation the  Board had required at its July meeting and was given the permits the Board had approved. Minutes of the August 22 meeting were read and accepted.

The Board reviewed Ken Kokernak’s proposal to place an 8’ x 12’ shed on his Flying Pond property, depicted on tax map 10 as lot 2-N, and also reviewed his sketch of the site. The Board waived the usual site visit as the proposal is of minimal impact, and some members are familiar with site.

Based on Mr. Kokernak’s sketch and emailed application, 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.

It was voted 4 – 0 to authorize Creston to issue the usual permit by letter for this proposal.

Responsibility for assigning new street address numbers was discussed briefly with no conclusion.

The Meeting adjourned at 7:25 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD AUGUST 22, 2018

At 6:15 PM regular members Waine Whittier, Ed Lawless, and  Creston Gaither met at the Harpines’ site on Flying Pond, shown on Tax Map 10 as Lot 42, with regular Board member Alan Williams acting as the owners’ representative. The owners’ proposal to enlarge the existing deck on the existing  camp with decks and a porch was discussed.

The Board’s regular meeting convened at 7:00 PM at the Town House. The discussion of the Harpines’ proposal continued. Page 4 of the Shoreland Zoning Ordinance was briefly reviewed.  The new construction is to rest on posts and thus there will be no excavation; no trees are to come down. A number of erosion control measures had been observed in place during the aforementioned site visit. Alan will redraw his sketch of the proposal. He recused himself from the Board’s formal deliberations in this matter.

Based on its site visit and on Alan’s sketch 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.

It was voted 3 – 0 to authorize Creston to issue the usual permit by letter for this proposal, upon receipt of Alan’s revised sketch.
 
The Meeting adjourned at 7:40 PM.

                                                          
Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JUNE 27, 2018

At 6:00 PM regular members Waine Whittier, Ed Lawless, Creston Gaither, and Tim Bickford met with contractor Adam Gottlieb and owner Mark McAuliffe on Mark’s property on Whittier Pond, depicted on tax map 11 as lot 6-7, to consider his proposal to enlarge the existing deck by 4 feet and construct a dormer on the roof of the existing house, and to remove the existing steps to the pond and to construct new steps to  the pond to within 30  or 40  feet of the existing dock, and to construct  a 6-foot wide meandering trail from near the house to the dock, and to build or install a 12’ x 20’ shed at the start of the trail, and to expand the existing stone parking area northerly of the house and remove a 15 inch +/- existing hemlock in this area, and to install a kayak and canoe rack at the shore.

At 6:50 PM the Board met with Don Ripley on his Flying Pond property depicted on Tax Map 10 as Lot 34, to discuss his proposal  to remove two 24” +/- oaks near the southwesterly corner of the parcel; he believes they’re damaged and likely to fall.

At  7:10 PM the Board convened its formal meeting at the Town House, being joined there by Mark and Don and regular member Alan Williams. Minutes of the May 23 meeting were read and accepted.

Don Ripley’s proposal was discussed first. Shoreland Zoning Ordinance (SZO) Sect. P.(2)(e) was briefly reviewed. Waine noted that item 5 in Table 1 in the ordinance indicates that this type of timber harvest is permitted in the Limited Residential Zone without a permit. Don was advised that if he removes these trees in accordance with the SZO he will not need a permit. He said that All Seasons Tree of Belgrade will do the work. Creston will email Don confirming the Board’s finding.

The Board then discussed Mark McAuliffe’s proposal.

As to the steps: it was agreed that erosion control measures and best practices should be employed  during construction.

Regarding  the parking area: if excavation becomes necessary on the northerly side of the driveway, erosion control measures must also be taken.

As to the meandering path: it must not create a line of sight.

Regarding the dormer,  no SZO permit is required, but a Notification of Construction permit must be obtained.

As to the kayak and canoe rack: it was agreed that unless it has a roof it is not a “structure” as defined in the  SZO.

Based on Mark's sketch and verbal representations and on its site visit, and a favorable review of the flood hazard maps, 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 SZO Section 15, Land Use Standards.

It was voted 5 – 0 to authorize Creston to issue the usual permit by letter for the proposal.
 
The Meeting adjourned at 7:55 PM.

                                                          
Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD JULY 25, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Ed Lawless, Alan Williams,and  Creston Gaither. Also present was contractor Scott Horne. Minutes of the June 27 meeting were read and accepted.

Scott presented a proposal to build a 24’ x 36’ camp with a deck on Ricci Viscusi’s  Flying Pond property depicted on tax map 11 as lot 11-H, on which the Board had met with Scott on May 23. Creston noted that he had observed a slope of approximately 24% on this lot with a hand-held clinometer when he surveyed it for Mr. Viscusi. Scott presented a text message authorizing him to represent Mr. Viscusi before the Board. He agreed to forward this to the Board in writing. Creston noted that the Shoreland Zoning Map which shows this lot as Limited Residential takes precedence over the definition of Resource Protection District found in the Shoreland Zoning Ordinance. Scott’s site sketch was reviewed and it was agreed that it must be revised to correctly show the setbacks. Scott agreed to do this and said that a Subsurface Waste Disposal (SSWD) permit is in progress.

Contingent upon receipt of the documentation outlined above, and based on its site visit and

On  Scott’s sketch and verbal representations and on its site visit, and a favorable review of the flood hazard maps, 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 SZO Section 15, Land Use Standards.

The Board voted 4 – 0 to authorize Creston to issue the usual permit by letter for the proposal, with these conditions:

1. Erosion control measures are to include best erosion control management practices, silt fencing, a permanent berm consisting of 2 feet of crushed stone;  and a sediment basin;
2. A catch basin for driveway and roof runoff.

Scott added that he and his company are certified for best management practices in the Shoreland Zone.

DEP’s letter to Waine of July 19 and the order attached to it were discussed. Waine will respond to it. It appears that the changes to the SZO which the Board recommended and that the Town adopted  need not be altered until the next time the SZO  is revised.
 
The Meeting adjourned at 8:00 PM.

                                                          
Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE

VIENNA PLANNING BOARD HELD MAY 23, 2018

At 6:00 PM regular members Waine Whittier, Alan Williams, Creston Gaither, and Tim Bickford met with contractor Jim Meader  at Jim and Sherri Shunney’s site on Whittier Pond, depicted on tax map 11 as lot 6-T, to consider their proposal to build a single family dwelling on the parcel, the Board noted that both the proposed septic field area and the proposed house site appear to be well-elevated above the pond.

At 6:20 the Board  met with Scott Horne at Ricci Viscusi’s parcel on Flying Pond (depicted on tax map 11 as lot 11-H), to informally discuss the buildability of this lot. Very steep slopes were noted; it was agreed that the Shoreland Zoning ordinance should be reviewed regarding slope and applicable regulations. Creston has surveyed this lot and will check his field notes for data pertinent to its slope.

At 6:45 the Board met with builder Neal Schultz on Gregory and Carrie Schulze’s lot on Parker Pond, depicted on tax map 11 as lot 43-P.They have a small shed about 8 or 10 feet from the pond near the southwesterly corner of the property, and would like to make it a screened in gazebo. Prior owner Ray Anderson’s casual recreational use of the shed in the past was noted.  The Board agreed to discuss this proposal at its imminent meeting at the Town House .

At  7:10 PM the Board convened its formal meeting at the Town House, being joined there by Jim and Neal. Minutes of the April 25 meeting were read and accepted.

The Shunneys’ proposal was reviewed with Jim, whom they have authorized in writing to act as their agent in this matter. Jim was advised that he will need a subsurface waste disposal (SSWD) permit.

Based on Jim's sketch and verbal representations,and its site visit, and contingent upon issuance of a SSWD permit, and a favorable review of the flood hazard maps, 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 SZO Section 15, Land Use Standards.

The Board then voted unanimously to authorize Creston to issue the usual SZO permit by letter for this proposal.

The Schulzes’ proposal was  discussed. Section 12.C.5 of  the SZO was reviewed briefly. It was noted that the SZO does not define “change of use,” which requires  a written application and a SZO permit. The Board voted 4- 0 that given the context of the SZO and its intended purposes  and its lack of a definition of “change of use,” the Schulzes’ proposal does not constitute a  change of use  and thus does not  require a permit.  Creston will check the flood maps as it was noted that portions of the Parker Pond flood zone are known to extend unusually far inland from the shoreline.

Regarding the aforementioned Viscusi lot, the SZO was reviewed with regard to steep slopes—slope is not discussed in the Ordinance except in its definition of a Resource Protection District, and the SZO map clearly shows that this lot lies within the Limited Residential District.                                                     

The Meeting adjourned at 8:00 PM.

Creston Gaither, secretary
 

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD MARCH 28, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were Alan
Williams, Creston Gaither, and Tim Bickford. Alan was elected Acting Chairman in Waine
Whittier’s absence. Minutes of the February 28 meeting were read and accepted.

Alan says Jim and Kathy Meader are holding off on the project discussed in the January
minutes until they can further study recent Shoreland Zoning Ordinance changes.

The Town adopted the Board’s proposed ordinance changes at Town Meeting earlier this
month. The consensus of the Board is that we met the letter of the law as to the public hearing
and scheduling.

The Meeting adjourned at 7:20 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD APRIL 25, 2018

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine
Whittier, Alan Williams, Creston Gaither, and Ed Lawless. Also present were Ned and Kay Van
Woert. Minutes of the March 28 meeting were read and accepted.

The Van Woerts want to build a lean-to about 300 feet from their house near Whittier Pond. It
is unclear what waste disposal system would be required. It was suggested that they discuss this
with Plumbing Inspector John Archard.

They were advised that they will need a Shoreland Zoning Ordinance permit and documentation
as to the suitability of the waste disposal.

Creston will send Waine a copy of the Subdivision Ordinance in Word format.

Waine will complete a survey we received from the Dept. of Commerce.

Creston will have the Subdivision Ordinance as revised at Town Meeting recorded at the
Registry of Deeds.

The Meeting adjourned at 7:30 PM.

Creston Gaither, secretary