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MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD MAY 24, 2017

At 6:00 PM regular members Waine Whittier, Ed Lawless, and Creston Gaither, and prospective member Tim Bickford met with Wendy Morin on her Kimball Pond Road site, tax map 3 lot 19, to consider her proposal to have a 10’ x 14’ shed placed on a gravel pad on the site. They continued on to Libby and Allan Harville’s Kimball Pond site, tax map 3 lot 16-K, to consider their proposal to have a shed brought onto and placed on the site, and to move an existing shed, and to construct an addition on the existing cabin on the site (which is within 75 feet of the pond). The regular meeting convened at 7:00 PM at the Town House with the aforesaid regular members and Libby and Allan and Jon Kent present; regular member Alan Williams arrived and also participated. Minutes of the April 26 meeting were read and accepted.

The Board considered Jon Kent’s proposal to build an open deck with a roof as an entrance to the existing house on land of the Shuster Trust on Parker Pond, tax map 11 lot 44. He was advised that he will need a letter from the owners authorizing him to act as their agent or representative. He presented a sketch of the project. The Board will meet with Jon on site on Sunday May 28.

The Harvilles’ proposal was then considered. Shoreland Zoning Ordinance (SZO) Section 12.C.1 was reviewed, regarding relocation of non-conforming structures. It appears that the maximum square footage allowable with 75 feet of the pond is 1000 sf, and the proposal appears to be well within these limits. Proposed removal of vegetation is minimal, and no excavation is proposed so no soil erosion controls will be mandated. Libby and Allan also propose to put a ditch along the west end and the sides of the existing cabin and will fill it with crushed stone to keep water out from under the structure. As to the relocation of the more easterly shed SZO Section 12C. (2) was reviewed, as the shed in both its current and proposed locations is non-conforming with SZO setback requirements. Section (2) gives the Board some discretion as to whether the proposed relocation is the most feasible. It was noted that it would minimize tree removal near the shed. Creston will check the flood maps to see if floodplain requirements are an issue.

Based on the Harvilles’ sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, 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 the usual permit by letter for the project.

The Board then considered Wendy Morin’s aforesaid proposal. Alan is familiar with the site.

Based on Wendy’s sketch and verbal representations, and on its site visit, and assuming a favorable flood map review, 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 the usual permit by letter for the project.

Waine will ask the selectmen to formally appoint Tim to the Board.

The Board then discussed Susan Weeks’ email to Annie Tibbetts of May 20 regarding her proposal to have a radon remediation structure built on her Chickadee Path property on Kimball Pond. The SZO was briefly reviewed. It appears that the structure might be permissible if it were attached to the existing building but that a separate structure would not be permissible due to setback limitations. A site visit would likely be required. Creston will relay this information to Ms. Weeks.

Ordinances were discussed:

Waine noted that the State has new recommendations for non-conforming expansions in the Shoreland Zone. Waine thinks we should present them to the Town for adoption in March. They are based on square feet of footprint and not on volume and thus seem simpler and more equitable.

It is not clear whether conflicts between the SZO and the Subdivision Ordinance regarding setbacks were resolved by the recent Town vote on ordinances.

It was suggested that the Telecommunications (or “cell tower”) Ordinance should perhaps be revised to more clearly prohibit construction close to residences.

It is not clear whether Vienna should have some sort of minimal Building Ordinance implementing setback requirements.

It was noted that several nearby towns are reacting to the recent marijuana legalization vote with new ordinances. It is not clear whether this is within the Planning Board’s purview. Alan noted that if all the surrounding towns ban outlets there will be pressure on any town that has no controls.

The meeting adjourned at 8:05 PM.

Creston Gaither, secretary

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting
3. The Selectmen received a letter of resignation from John Archard as Code Enforcement Officer. This will take effect June 2, 2017. John will remain on as Plumbing Inspector for the town. Gary Fuller, alternate CEO will be filling in until the town appoints a new CEO. Fuller’s contact number is 441-5302.
4. The Selectmen talked with Katie Church about taking over as Editor for the Vienna Record. She was hired for the position and will begin with the August/September edition. 
5. The selectmen had a discussion about the school budget. The projected town assessment for 2017-2018 for Vienna is $739, 027.27. This is up $39,268 from 2016/2017. The vote will be held on June 13th in the Community Room.
6. The selectmen discussed the 2017 taxes and will be committing taxes on Tuesday, May 30th. The last batch of property changes (April 1, 2016 through April 1, 2017) will be completed by this Friday and entered by the Tax Collector into her database. 

There was not a quorum so no business was conducted. Susan and Dodi briefly discussed the resignation of Marianne Archard, the recent repeal of the Building Ordinance and reinstatement of the Notification of Construction, the possible enlargement of the committee, and the suspension of committee meetings through the summer until the third Thursday in September or October 2017 so the Board of Selectmen can recruit and appoint additional members.

The meeting ended at 7 pm.

-Susan Burns 

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting
3. Reviewed and signed Warrant 10 ($19,294.77)
4. Chuck Yates has said he would like to be on the Ordinance Review Committee. Sue Burns and Jim Anderberg remain as members. Selectmen would like to have two more on the committee. Next meeting is May 18th.
5. Tim Bickford has been asked to join the planning board. The planning board has been short one member for over a year since one of the members moved out of town.
6. Mike Rogers, from Maine Revenue, reviewed the cards of property sales during the last year in the town, comparing the valuation the town has on the properties and actual sale price. This sales ratio analysis determines the percentage we use when we commit the taxes, etc. The town is currently at 93%, which means we can still use 100% on exemptions, etc.
7. The Selectmen reviewed the Bank Reconciliation report. This is the report showing outstanding checks and transactions on the town’s checking account.
8. RSU 9 has disclosed the proposed budget for 2017/2018. If the budget passes as is, Vienna’s share will go up around $40,000.00 from the 2016/2017 budget. The election for the school budget is June 13, 2017 in the Community Room (8:00 AM to 8:00 PM).
9. Town received copy of the contract with Waste Management.

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting
3. Marianne Archard has submitted her resignation from the Ordinance Review Committee, effective immediately.
4. Marianne has also resigned as editor of the Vienna Record newsletter to become effective after the June/July edition. The Selectman agreed to offer the position to Katie Church, beginning with the August/ September edition.
5. The Selectmen worked on the letter that will be mailed out Postal Patron to all Vienna residents (there are also a few residents with a Mt Vernon Post Office Box mailing address). The letter will outline the differences between the first two options on the ballot, and will give explanations for all four options to be voted on at the election on May 16, 2017. The selectmen are in hopes that this will help clarify the ballot for everyone.
6. The meeting was adjourned until 6:30 Wednesday, May 10th, to copy, fold and seal the mailer. Dodi will mail them out on Thursday. 

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting.
3. Reviewed and signed Warrant # 09 ($11,551.69).
4. Selectmen entered into a brief executive session John Archard, CEO pertaining to a code violation.
5. Discussion with a local resident concerning several properties, name changes among family members and acreage on each property.
6. Had lengthy discussion on town policies, elections, citizens’ petitions, town meetings, and the upcoming election. 

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting
3. The selectmen signed the renewal contract with Waste Management in Norridgewock for the waste disposal. 
4. The town received a $341.00 dollar refund from Maine Municipal Association, as a result of the 2016 Workers Compensation audit.
5. Discussed the upcoming Public Hearing, to be held Monday, May 1. Steve Hayes will moderate. Made copies for handouts at the meeting. 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 26, 2017

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Ed Lawless, Alan Williams, and Creston Gaither. Minutes of the March 22 meeting were read and accepted.

Proposed changes to the Building Ordinance and the public hearing to discuss them on May 1 were informally discussed.

The meeting adjourned at 7:40 PM.

Creston Gaither, secretary

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting.
3. Reviewed and signed Warrant #08 ($22,367.77)
4. The selectmen reviewed and signed Bank Reconciliation report.
5. The Selectmen read a letter from PretiFlaherty advising them to refuse the two recently presented Citizens’ Petitions. The selectmen reviewed this with the petitions’ presenters; the petitions were refused.
6. There was a discussion on navigating the Town Website. All new postings appear on the home page, in the order they were posted.
7. Worked on property cards. 

1. Reviewed and dispersed mail.
2. Read and accepted minutes from the previous meeting.
3. Chuck Yates presented selectmen with two new Citizens Petitions: One pertaining to term limits of elected officials; one pertaining to a personnel issue. Mr. Yates found issue with an article written by the Ordinance Review Committee which was on the website in the April/May newsletter. The selectmen feel that the article in question did not recommend how to vote on the upcoming “run-off” election, but rather explained the reasoning behind the creation of the current Building Ordinance. Yates, Whittier and Wade strongly oppose the current building ordinance.
4. The Selectmen worked with a town resident on her property cards and tax maps.
5. The Selectmen agreed to contact MMA in reference to the two new citizens’ petitions.
6. Charles Yates has agreed to be on the Ordinance Review committee. The Selectmen are in search of one more resident to join the committee. The next meeting is Thursday, April 20th.
7. Dodi reported that DownEast Energy came to clean the furnace for the town house. The service man discovered that it had a cracked heat exchange. Considering this and the age of the furnace, he recommended that the furnace be replaced before the next heating season. The cleaning was cancelled. The Town House committee has been apprised of the situation.
8. Selectmen agreed to contact the town attorney concerning the two new Citizens’ Petitions.