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MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  MAY 25, 2022

At 6:30 PM Regular members Waine Whittier, Ed Lawless, Alan Williams, and Tim Bickford visited the Landis site at 582 Ithiel Gordon Road, and shown on tax map 11 as lot 11-30-1; regular member Creston Gaither arrived soon thereafter and walked the site. The Landises would like to build a 12’ x 16’ screen porch and a 10’ x 12’ deck onto the existing house. Alan is their contractor. At 7:00 PM those 5 Board members convened the regular meeting at the Town House; minutes of the April 27 meeting were read and accepted. The Landis proposal was discussed. The site slopes somewhat toward Parker Pond and the surface has been partially disturbed.It was agreed that best management practices for soil erosion control should be required. Alan expects to place stone beneath the drip edges. He recused himself from the Board’s deliberations and vote.

Based on its on-site observations and Alan’s 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 then voted  4 - 0 to authorize Creston to issue a SZO permit for this work.

Bonnie Patti has contacted Waine and would like to place a third residence, a recreational vehicle, on her Tower Road property shown on tax map 11 as lot 4-1. The Board understands that she intends to allow certain relatives by blood, adoption or marriage to live there free of charge. The Vienna Subdivision Ordinance and the State Subdivision Statute, Title 30-A, §4401, were reviewed.; Because the intended occupants are relatives and no payment is being rendered, and the Statute’s definition of “dwelling unit” includes a reference to “sale or lease,” the Board voted 5 – 0  that the proposal would not create a subdivision requiring municipal approval. Waine will advise her of this and that she will need the proper SSWD permit to proceed.

Mark Rains appeared at 7:40 PM to discuss the possibility of building a hut about 100 feet or more southerly of Webber Brook and about 40 feet westerly of the Plymouth Line border of his property (as outlined in his email to the Board of May 25. Subdivision Ordinance requirements as they might apply to this project were discussed informally. He was advised that these are ultimately legal questions which should be referred to an attorney.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 27, 2022

At 6:30 PM Regular members Waine Whittier, Creston Gaither, and Ed Lawless met with Justin and Doug Piquard at Justin’s Flying Pond parcel shown on Tax Map 11 as Lot 3 – H to discuss their proposal to build a house on this lot. Steep slopes were observed.

At 6:45 PM the same Board members met with Allan and Libby Harville at their Kimball Pond parcel shown on Tax Map 3 as Lot 16 – K to discuss their proposal to place a woodshed on the site.

At 7:15 PM regular member Tim Bickford joined these members at the Town House for the Board’s regular meeting. Justin and Doug Piquard were also present Minutes of the March 23 meeting were read and accepted. The Piquards presented a site plan for their proposal. Justin said his deed requires a 20 foot setback from the property lines and, thus, from the right-of-way limits. To meet this requirement they will have to demolish the back of an existing foundation made of 10-inch concrete. He would also like to build a stairway over the steepest portion of the slope. A footpath to the pond from the foot of the stairway is also proposed in accordance with Shoreland Zoning Ordinance (SZO) Section 15.P. He would like to leave an existing clearing near the pond undisturbed; any growth outside of the 250 sf limits allowed by the SZO will be left to grow.

The Board agreed that the usual conditions regarding erosion control should apply. Justin has discussed the existing septic system with Plumbing Inspector John Archard; John referred him to Deputy Inspector Andy Marble as John had designed the original system. Andy issued SSWD permit # 2022 – 2; the septic field will lie across the road, for which Justin has an easement. Tim noted that regarding the stairway the SZO requires a Code Enforcement Officer permit. It was agreed that this is a scrivener’s error and that the Planning Board can issue such a permit as it has been doing for several years. It was agreed that the SZO should be corrected in this regard as soon as possible.

Based on its site visit, the Picards’ sketch, and their verbal representations,and a review of the pertinent FEMA flood 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 then voted 4 - 0 to authorize Creston to issue a SZO permit for this work.

The Harvilles’ woodshed proposal was discussed. Allan Harville has agreed to forward a sketch for the proposal. He may have to adjust the siting of the shed to make it at least 40 feet from the road centerline. Based on its site visit, the Harvilles’ verbal representations,and a review of the pertinent FEMA flood map, The Board determined 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.

The prospective mooring ordinance and a recent related controversy in Winthrop were discussed briefly.

Regarding broadband, Ed said that other towns are trying to get in with Axiom. Leeds has received a grant for $2.1 million. It appears that they will act on their own. Readfield, Wayne, Fayette, Mount Vernon, and Vienna continue to work together. Vienna does not have a specific proposal from Axiom yet.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary

No Selectmen’s meeting as it is the 5th Tuesday of the month.

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD MARCH 23, 2022

The meeting convened at 7:30 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither, and Ed Lawless. Minutes of the February 23 meeting were read and accepted.

Creston will send Waine a cc of Creston’s recent email to Mike McGuire. 

Creston’s email of 2/8/22 to the Eisemans was reviewed; it was agreed that they will need a new permit for their Kimball Pond project if they’d like to proceed. Creston will advise them of this.

Waine has committed the Board to a site visit on April 27 at 6:30 PM for Justin Piquard’s Flying Pond lot shown on Tax Map 11 as Lot 3-H. The Board will first meet at the usual spot on Beck Road.

Waine noted that recent newspaper articles indicate that both Winthrop and Belgrade have adopted mooring ordinances; they are not identical.

Ed said that Axiom has been selected as the broadband provider for Vienna. Axiom’s representative is to meet with the selectmen April 5 at 7 PM.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary

1. Reviewed and dispersed the mail.
2. The selectmen read and accepted the minutes from the previous meeting.
3. A resident dropped off a Homestead Exemption Form.
4. Assistant Chief Church checked on the status of a bill.
5. Troy Bean discussed a piece of land that he purchased in 2020. The Kennebec County Registry of Deeds has not sent the paperwork.
6. Meeting adjourned.

1. Reviewed and dispersed the mail.
2. The selectmen read and accepted the minutes from the previous meeting.
3. Reviewed and signed Warrant #6 ($18,913.61).
4. Meeting adjourned.

1. Reviewed and dispersed the mail.
2. The selectmen read and accepted the minutes from the previous meeting.
3. The select board received an update from the broadband committee.
4. The selectboard entered into an executive session at 6:45p.m. until 7:45p.m.
5. Meeting adjourned.

1. Reviewed and dispersed the mail.
2. The selectmen read and accepted the minutes from the previous meeting.
3. Reviewed and signed Warrant #5 ($36,948.46).
4. The heat system has been repaired.
5. The selectmen discussed the Broadband Meeting that was held on March 15, 2022 at the Vienna Community Building. All agreed it went well and was well attended. A copy of the meeting along with a question/answer section are on the town website.
6. The Vienna Town Website is a wonderful site to get all up to date information. Trash schedules, date changes due to weather or holidays, and canceled meetings can be found on the website. We encourage residents to check it often as this is the platform that will be used to convey important information.
7. A resident came in to discuss recent land transfers.
8. Meeting adjourned.

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD FEBRUARY 23, 2022

The meeting convened at 7:00 PM at the Town House. Regular members present were Alan Williams, Creston Gaither, Ed Lawless and Tim Bickford; also present was Corey Searles. Alan was elected Acting Chairman as Waine Whittier was absent. Minutes of the January 26 meeting were read and accepted. Corey Searles was given a Notification of Construction permit for a garage.

Mark McGuire’s email inquiry of February 1 regarding multiple structures on a single lot was discussed. It was agreed that if anything this is a legal question, and that the Board sees no problem in what he has described. Creston will email him to this effect.

Bob Nurse appeared and would like to build a garage within 25 feet of a protected stream, similar to what he proposed at his April 2021 meeting with the Board. He was advised that this would require a variance, and that the Planning Board cannot issue one and that he could pursue getting one with the Board of Appeals. In order to move the Appeals process along, It was voted 4 – 0 to formally deny him a permit for the garage due to the setback issue. Creston will send him a letter to this effect.

Mark Rains appeared; he says that Webber Brook, a protected stream, runs through his property. He was advised that any new structure near the brook will require a permit and must be at least 75 feet from the brook. Stream Protection District definitions in the Shoreland Zoning Ordinance were outlined informally.

The meeting adjourned at 7:50 PM.

Creston Gaither, secretary