Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD SEPTEMBER 24, 2025

At 6:30 PM regular members Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless and
alternate member Steve Trehu and Code Enforcement Officer Erin Quimby met with
contractor Paul Brandt and landowner Jill Swift on Jill’s lot at 5 Loon Cove Rd. on
Whittier Pond, shown on tax map 11 as lot 6-7, to consider issuing after-the fact permits
for a deck Paul has built on the existing house and to observe recent cutting between the
house and the pond about which neighboring owners have contacted both the Board and
Erin.

At 7:00 PM all of the above convened for the Board’s regular meeting at the Town House;
Steve was made a voting member in Tim Bickford’s absence.

The Swift lot was discussed. Requirements for after-the fact permits for the deck were
discussed. Paul said he would send the required photos and sketch. Steve mentioned that
after-the-fact issuance may be a lost opportunity for a teaching moment.

Based on its on-site observations and Paul’s verbal representations, and a subsequent examination of the pertinent flood hazard map, the Board determined that the deck:

(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 5 - 0 to authorize Creston to issue a Shoreland Zoning Ordince (SZO)
permit along with a Notification of Construction permit for this work, conditional upon receipt
of the above-mentioned photos and sketch.

Regarding the cutting observed during the above-mentioned site visit : it was agreed that a
voluntary amelioration would be preferable to a legal violation prosecution. Jill is aware that
local landowners are concerned about this. Section 15. P. 2 of the SZO was reviewed briefly as regards the point system. The 24 points required may be difficult to achieve. It does not appear that many large trees were cut. A revegetation plan that conforms with the SZO prepared by a professional should be submitted. 30 Mile River Watershed Assoc. was mentioned as a possible source for a professional. As to immediate redress Alan said that a row of hay bales at the top of the steep slope about 100 feet from the pond would be beneficial. It was agreed that the Swifts must provide a revegetation plan which Erin will administer and that a berm must be installed at the top of the slope about 6 or 8 feet from the pond as soon as possible. It was voted 5-0 to require these berms.

Creston will send the Swifts an email outlining the requirement for the berms within 30 days;
and regarding the revegetation plan within 60 days.

The Board was pleased that Jill was amenable to this amicable and non-confrontational
resolution.

Waine will write a response to the concerned neighbors and run it by the rest of the Board.

Regarding the revised draft of the proposed Commercial Solar Energy Ordinance, MMA
advises against changing “Code Enforcement Officer” to “Solar Officer,” as there is a need for enforcement credentials. Waine thinks we should have this position revert to the Planning
Board. MMA also says the “commercial” definition is too vague. Waine thinks it should be
defined by a square footage threshold Steve suggests using the definition used in the SZO.
Waine will revise the draft ordinance.

It was noted that the 180 day moratorium is up and an extension should be sought from the
selectmen.

Steve said that Jill Swift’s mention of people to whom she rents implies that we should resume discussion of a short-term rental ordinance.

The meeting adjourned at 8:10 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JUNE 25, 2025

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

Recently issued permits were briefly reviewed.

The proposed Solar Energy Systems ordinance was reviewed and discussed in depth page by page. Waine will prepare a draft of the ordinance amended to show tonight’s edits and will forward it to the rest of the Board.

The meeting adjourned at 8:30 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD MAY 28, 2025

The meeting convened at 7:00 PM at the Town House. Regular members present were
Creston Gaither, Ed Lawless, and Tim Bickford. Glenice McKechnie was present
briefly. Creston was elected Acting Chairman in Waine Whittier’s absence.
Glenice was given a Notification of Construction permit for a deck.
The proposed solar installation ordinance was briefly discussed.
The Board voted 3 – 0 to table the discussion of the ordinance until June.
Tim outlined the results of the Tuesday May 27 meeting regarding culverts.
The meeting adjourned at 7:35 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD APRIL 23, 2025

At 6:25 PM regular members Waine Whittier, Creston Gaither, Tim Bickford, and Ed Lawless, along with alternate member Steve Trehu, met with Andy and Debby Coulombe on their Day Road property shown on tax map 3 as lot 32-K, to discuss their proposal to add a 4’ x 16’ deck on the easterly side of the existing cabin and to move an existing shed onto the southerly side of the existing clearing on the easterly side of Day Road, and to remove an existing outhouse.

These members then met at the Town House at 7:00 PM for the Board’s regular meeting. Steve was appointed a voting member in Alan Williams’ absence. Minutes of the March 26 meeting were read and accepted.

The Coulombes’ proposal was discussed. They provided a sketch based on their site evaluator’s drawing. It appears that the proposed expansion, including the deck, will result in 746 square feet, this being less than the 1000 sf allowed by the Shoreland Zoning Ordinance. The Board agreed that the project should be subject to these CONDITIONS:

               (a). any contractor for the project must be certified for work in Maine’s Shoreland Zones.

               (b). nothing can be placed closer than 25 feet from the pond at high water mark.

               (c).   Nothing is to be excavated except as required for septic tank replacement.

The Board then concluded that, based on its on-site observations and the Coulombes’ verbal representations, and subject to a review of the pertinent flood hazard map, this 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 Vienna’s Shoreland Zoning Ordinance, Section 15, Land Use Standards.

The Board  then voted 5 – 0 to authorize Creston to issue a permit for this project.

The Mercer Solar Energy Systems Ordinance of 2023 as Amended March 2025 was reviewed and discussed. Changes which would make it suitable for Vienna were discussed. After about an hour it was agreed that a solar energy systems ordinance for Vienna could not be made ready in time for the Board’s May meeting as originally planned. The Board will continue work on an ordinance at future meetings. We may need the 180-day extension allowed in the recently enacted moratorium.

The meeting adjourned at 8:15 PM.

          Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD MARCH 26, 2025

The meeting began at 7:00 PM at the Town House. Regular members present
were Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless, and
Tim Bickford. Alternate member Steve Trehu was also present. Minutes
of the February 26 meeting were read and accepted.
The possibility of a solar farm ordinance (see January minutes) was discussed
briefly. Alan will try to work up a draft ordinance for review at the
Board’s April meeting, as the May meeting might be a good occasion for
a public hearing in anticipation of a vote in June (when a selectman
election is already scheduled).
Short term rentals (see February minutes) were briefly discussed. Steve has
talked to people who live on ponds in Fayette about the problems that
may exist. Renters seem not to understand the sensitivity of the ponds.
Online investment firms appear to be marketing real estate to
management firms which rent the properties out. Steve noted that the
Fayette ordinance merely requires permits but does not prohibit rentals.
It also requires some tenant education efforts by landlords. If Vienna
creates a similar ordinance, applicability will have to be addressed,
regarding permissive rent-free uses and location (pondside or town-
wide). There was a general consensus that the Board should move ahead
with this matter, possibly after further discussion. The issues which a
Vienna ordinance should address must be determined.
It was agreed that the prospective mooring ordinance (see March 2023
minutes) can wait until the aforementioned ordinances have been
resolved.
The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD JANUARY 22, 2025

The meeting began at 7:00 PM at the Town House. Regular members present were  Waine Whittier, Creston Gaither, Alan Williams,  and Tim Bickford. Alternate member Steve Trehu was also present and he was appointed a voting member in the absence of Ed Lawless.

Minutes of the December 4, 2024 meeting were read and accepted.

The Board discussed the possibility of enacting a temporary moratorium on solar power farms in Vienna (see December minutes).The wording of the proposed article for Town Meeting was discussed. It was agreed that no public hearing will be necessary for the moratorium but  that we will need one for the final ordinance itself.

Steve mentioned a new ordinance that Fayette has enacted controlling short-term rentals (such as Air BnBs) and suggested that Vienna may want to consider enacting such an ordinance. Control of houseboats was also discussed. The State may be enacting statutes to deal with this.

The meeting adjourned at 7:45 PM.

          Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD FEBRUARY 26, 2025

The meeting began at 7:00 PM at the Town House. Regular members present were  Waine Whittier, Creston Gaither, Ed Lawless,  and Tim Bickford. Alternate member Steve Trehu was also present and he was appointed a voting member in the absence of Alan Williams. Also present was Eric Higgins.

Minutes of the January 22 meeting were read and accepted.

Eric Higgins owns land shown on tax map 10 as lot 38-F; he would like to remove some trees (as advised by an arborist) and remove part of an existing rock wall and install some stairs and improve drainage; he presented a sketch of the project. The Board had visited the site on August 28, 2024. The Board noted that the Shoreland Zoning Ordinance indicates that this type of tree removal does not require a permit but that it must be done in accordance with the point system outlined in the Ordinance. Eric believes that the work on the rock wall will require moving more than 10 cubic yards of material. Based on his verbal representations and sketch and contingent upon a review of the pertinent flood hazard map, the Board made Findings of Fact as outlined in the Ordinance and voted 5 – 0 to authorize Creston to issue the usual permit by letter, conditional on the following: the usual requirements for soil stabilization on the project area including any access opening for equipment, and requiring that the project contractor be certified for work in the Shoreland Zone.

Short-term rentals and the recently enacted Fayette ordinance concerning them were discussed. It was agreed that 30 Mile River Watershed Association should be consulted as to such problems as may exist in Vienna.

The meeting adjourned at 8:00 PM.

          Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD SEPTEMBER 25, 2024

The meeting began at 7:00 PM at the Town House. Regular members present were Waine Whittier, Ed Lawless, Tim Bickford and Creston Gaither and alternate member Steve Trehu.

Minutes of the August 28 meeting were read and accepted. Steve was made a voting member in the absence of Alan Williams.

The subdivision question outlined in the August minutes was briefly discussed. Creston will check to see if the exceptions outlined in the State subdivision statute might bear on this question.

The meeting adjourned at 7:30 PM.

          Creston Gaither,secretary