MINUTES OF THE REGULAR MEETING OF THE VIENNA 
PLANNING BOARD HELD SEPTEMBER 27, 2023

On September 2 a quorum of the Board made site visits to the Vigneault and Seymour sites on Flying Pond, the Vigneault site being depicted on tax map 10 as lot 7-W; the Seymour site being depicted on map 11 as lot W- 16. At the Vigneault site the Board made Findings of fact and voted to approve a permit; Wally Seymour asked the Board to wait until he decides on specifics before it considers a permit.

On September 5 Waine advised an inquirer that a Notification of Construction permit is required for free-standing solar panels but not for rooftop installations. 

The regular meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Alan Williams, Creston Gaither, and Ed Lawless. Jonathan Spaulding was present and the Board informally discussed permitting requirements with him.

Chris Dornbach’s email of September 20 concerning screening in a deck near Flying Pond was briefly discussed. It was agreed that no Board action is required unless an application is received.

Russ Mattson’s email of today’s date was briefly reviewed. It was agreed that no Board action is required unless an application is received.

Leah Tuite’s email of September 6 was briefly reviewed; the Board will try to arrange a site visit to her Flying Pond parcel.

Wally Seymour’s email of September 13 was reviewed; he’d like to proceed with same project he proposed in 2021, for which the permit has expired. He also would like to put an addition with a closet and half-bathroom on the northerly side of the existing house as per the sketch he presented during the above-mentioned site visit. Findings of Fact as required by the Shoreland Zoning Ordinance were made and it was voted 4 – 0 to issue permits for both proposals, conditional on stone being placed under the porch drip-edge.

Mark Rains appeared at 7:25; his proposal as per his sketch and email of Sept. 25 were discussed. He has a site evaluation and was told he will need a SSWD permit and that a Notification of Construction (NoC) permit will then suffice as the proposal is not within the Shoreland Zone. 

Angela Bell’s application for permits for a house and a dock on her Davis Pond parcel shown on tax map 6 as lot 82 was reviewed. The Board had visited the site on August 23; she holds SSWD permit # 2022 – 14. Findings of Fact as required by the Shoreland Zoning Ordinance were made and it was voted 4 – 0 to issue a permit for the proposal.

The meeting adjourned at 7:50 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  JUNE 28, 2023

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Alan Williams, Creston Gaither, and Ed Lawless. Minutes of the May 24 meeting were read and accepted.

The selectmen have advised Waine that they have received a complaint about cutting on the Harpine lot, shown on tax map 10 as lot 42-F. Photos of the alleged overcutting were reviewed; it appears that the lot is in fact owned by LT & D, LLC; Several Board members remembered visiting the lot and authorizing a permit for work on it; Creston will look for a copy of this and send it to Waine. The selectmen have asked about the permit.

The proposed tree removal on the Medina lot, depicted on tax map 11 as lot 14-H was discussed. Alan has been hired to remove the trees. He has a statement from a forester about the project; he will bring it to the Board’s next meeting. Alan says that much less than 40% of the trees within 100 feet of the pond are to be removed.

Julie Hanlon’s recent email was reviewed. Because 30 Mile River Watershed Assoc. is involved Waine recused himself from this discussion. Item 8 in Table 1 “Land Uses” in the Shoreland Zoning Ordinance (SZO) allows soil and water conservation practices without a permit. It was agreed that she needs both a SZO and a Notification of Construction permit for the shed she mentioned in her email.

A similar email from Samantha Bassett was reviewed. It appears that no SZO permit is required because of the same Item 8 cited above. Evidently no structure is involved.

Creston will respond to both Hanlon and Bassett.

The meeting adjourned at 8:00 PM

          Creston Gaither,secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  JULY 26, 2023

The meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Alan Williams, Creston Gaither, Ed Lawless, and Tim Bickford. Also present were Bill Zweigbaum and Darlene Virgin. Minutes of the June 28 meeting were read and accepted.

Bill and Darlene appeared regarding their property on Kimball Pond shown on tax map 3 as lot 45. They would like to expand the existing gravel pad soon and construct a camp and a garage on the lot. The septic system is to be built soon. A site visit was scheduled for just after tonight’s meeting. Creston has seen the site several times, having surveyed it. It was agreed that he need not recuse himself from the Board’s review of the matter. Based on its knowledge of the site and the applicants’ verbal representations, and a subsequent review of the pertinent flood hazard map, the Board concluded that 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 Section 15, Land Use Standards.

The Board  then voted 5 – 0 to authorize Creston to issue the usual permit by letter for this proposal, assuming that no obstacle is noted at the aforementioned site visit.

Chris Dornbach’s inquiry regarding a cabin expansion on his land shown on tax map 11 as lot 4-H was discussed. Waine will contact him regarding a site visit.

An email from CEO Erin Quimby regarding the Harpine lot (see June minutes) was reviewed. It appears that no enforcement action will be required.

Alan presented a report on the tree removal on the Medina lot (see June minutes) dated July 2023 and prepared by forester Joe Stevenson indicating that the removal is both necessary and permissible. Alan said Mr. Stevenson will be involved during the remainder of the project and that some replanting will be done. The Board then voted 4-0 (with Alan recused) to accept the forester’s plan and to issue a Permit for the project as outlined in the plan. Creston will notify DEP of the removal permit as required by the Shoreland Zoning Ordinance.

The meeting adjourned at 7:40 PM

          Creston Gaither,secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  MAY 24, 2023

The meeting convened at 7:00 PM at the Town House. Regular members present were Alan Williams, Creston Gaither, and Ed Lawless. Lory Zamboni was also present. Alan was elected Acting Chairman in Waine Whittier’s absence. Minutes of the April 26 meeting were read and accepted.

As Lory would like to build a house on one of the Kohtala Subdivision lots this year, the Notification of Construction (NoC) permitting process was discussed with her. She will obtain a SSWD permit, which will enable any Board member to issue her a NoC permit.

Evidently Erin Quimby has been appointed Licensed Plumbing Inspector for Vienna, and may become Code Enforcement Officer.

The trees on the Medina lot, which the Board visited April 26, were briefly discussed, and a letter from their forester was reviewed; it recommends that a number of trees should be removed. The Shoreland Zoning Ordinance seems to indicate that a management plan may be required for this.

Chairman Waine Whittier arrived at 7:55 and took over as chairman. At this point the Board reviewed Lory’s application for a subdivision of the Kohtala Family Trust land depicted on tax map 8 as lot 15. A receipt for a complete application has been issued.

M.R.S.A. Title 30-A Sect. 4404 was reviewed; based on its site visit and data contained in Lory’s application and in the Soils Report received, the Board made findings of fact pursuant to said Section 4404 and voted 3 – 0 (Creston recusing himself) to approve the subdivision, and a recordable copy of the final plan was signed.

Several recent permits were informally reviewed.

The meeting adjourned at 8:20 PM

          Creston Gaither, secretary

The meeting convened at the Town House at 7:00 PM. Regular members present were Waine Whittier, Alan Williams, Creston Gaither, and Ed Lawless. Also present was Andy Dunbar of Thayer Engineering in Farmingdale. 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. There is a 3 bedroom existing house, which is small and compact; the bedrooms are on the top floor which is reached by a very steep staircase. The Schulzes would like to build an apartment on the back end of the existing garage for their parents. This would be within the existing footprint of the structure. They have a septic system which has been upgraded to support 4 bedrooms. The proposed apartment would have a small bathroom but no kitchen. The existing structure lies within the Shoreland Zone. The Shoreland Zoning Ordinance (SZO) was briefly reviewed and Andy was advised that as long as the project stays within the existing footprint no new SZO permit is required. 

It was agreed that the Mooring Ordinance which the Board has been discussing should probably wait until Winthrop has resolved the issues it is having with its Mooring Ordinance.

The meeting adjourned at 7:35 PM.

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

No meeting due to snowstorm

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