Planning Board

MINUTES OF THE REGULAR MEETING OF THE VIENNA
PLANNING BOARD HELD OCTOBER 23, 2024

The meeting began at 7:00 PM at the Town House. Regular members present
were Waine Whittier, Creston Gaither, Alan Williams, and Ed Lawless.
Minutes of the September 25 meeting were read and accepted.
In view of the coming holidays, it was agreed to cancel the regularly
scheduled November and December meetings, and to hold an extra
meeting on December 4. Creston will advertise this.
Recent Notification of Construction permits were briefly reviewed.
The meeting adjourned at 7:10 PM.

Creston Gaither, secretary

At 6:30 PM Regular members Waine Whittier, Alan Williams, Ed Lawless, Tim Bickford and Creston Gaither met with Eric Higgins  on his Flying Pond property at 21 Waite Road, shown on tax map 10 as lot 38-F to consider his proposal to remove several trees and to make other improvements.

At 7:00 PM these members and Mr. Higgins met at the Town House for the Board’s regular meeting. Also present was Russ Mattson. Minutes of the July 24 meeting were read and accepted.

Russ Mattson’s cabin at 6 Chickadee Path on Kimball Pond has an 8’ x 10’ deck on its pond side and he would like to enclose it. It’s about 22’ from the pond.The Shoreland Zoning Ordinance (SZO) was briefly reviewed and he was advised that he cannot reduce the setback from the pond at all, and that the new roof overhang likewise cannot decrease the setback. And that he would not need a permit for the enclosure he described.

Eric Higgins was advised that the Table of Uses in the SZO indicates that tree removal is allowed without a permit provided that the work is done in accordance with the SZO. He was given a copy of the section of the SZO that outlines the point system for such projects. He says the access he wishes to build will definitely involve more than 10 cy of material and he was advised that he should present a sketch showing the entire project which the Board can review, and the Board would then consider issuing a permit.

Recent permits were briefly reviewed.

Waine asked MMA whether 3 lots in an approved subdivision acquired by one owner would need new subdivision approval to be sold separately by said owner. MMA says that they would. The Board agreed that if requirements have not changed no new approval should be necessary. Waine will ask MMA to clarify.

Tim Bickford said he has been sworn in as a Board member.

The meeting adjourned at 7:30 PM.

Creston Gaither,secretary

The meeting convened at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, Ed Lawless, and Tim Bickford. Also present was alternate member Steve Trehu.

Minutes of the June 26 meeting were read and accepted.

Steve has been sworn in as an alternate member.

Alan mentioned some possible revisions to the Notification of Construction Ordinance, pertaining to who is authorized to issue permits.

Alan presented a note dated July 24, 2024 outlining a proposed reconfiguration of lots in the Siegler Subdivision on Kimball Pond Road. It was generally agreed that the situation outlined in the note does not create a subdivision requiring municipal approval.

Creston will find out whether the Land Use Statute Pamphlet the Board has used for several years has been revised and whether a revised pamphlet is available.

The meeting adjourned at 7:35 PM.

The meeting convened at 7:00 PM. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, and Ed Lawless. Also present initially were Town Clerk Annie Tibbetts, Selectman Laura Church, and Jennifer and Kacey Looney.

The Looneys would like to divide their Davis Road property, shown on tax map 6 as lot 43, into 3 lots; subdivision requirements were informally outlined.

Laura presented Certificates of Appointment to Waine, Creston, Alan, and Ed, appointing them to new 3-year terms on the Board. She will get certificates to Tim Bickford and Steve Trehu. Annie swore Waine, Creston, Alan, and Ed in to their new terms.

Minutes of the May 22 meeting were read and accepted.

Colin Clark of DEP’s Shoreland Zoning division has emailed Waine about Section 12.E.3 of the
Shoreland Zoning Ordinance, saying it should refer to March 7, 1992, but it appears that it does. He also says the Timber Harvesting requirements could be deleted as the State can administer these. Waine will ask him to clarify these matters and the Board can consider revisions.
 

The meeting adjourned at 7:30 PM.

At 6:10 PM Regular members Waine Whittier, Creston Gaither, Ed Lawless, and Tim Bickford met with Josh Chase on his Flying Pond Road site depicted on Tax Map 11 as Lot V-24 to discuss his proposal to construct a stairway to the pond.

At 7:00 PM said members met with Jon Fitch on his Town House Road property shown on tax map 2 as lot 13E to discuss his proposal to construct a bridge or culvert where a stream crosses the parcel.
 

These members arrived at the Town House for the Board’s regular meeting at 7:30 PM, and were joined by Jon Fitch and regular member Alan Williams, and also by Steve Trehu. Minutes of the April 24 meeting were read and accepted. 

The Jon Fitch site was discussed. He does not have a formal drawing of what he’d like to do; he was advised that the proposed crossing spot lies within the Stream Protection zone. He was advised that he will need a formal, engineered plan, and that he should discuss the project with D.E.P. The Shoreland Zoning Ordinance, Section 15C was briefly reviewed. It was agreed that Jon should present a design that shows that the proposed construction will be adequate to handle the stream’s flow during a severe storm. It should be prepared by a qualified professional. Creston will send Jon an email outlining all this.

Josh Chase arrived at 7:35 PM. He submitted an informal sketch of the stairway he would like to build. He would also like to put a 4’ x 8’ gravel-filled platform adjacent to the stairs going toward his fire pit. It was generally agreed that the proposal would minimize erosion. No trees are to be removed. 

Based on its observations on site and on Mr. Chase’s site sketch and verbal representations, the Board made Findings of Fact Pursuant to Section 16.D. of the Shoreland Zoning Ordinance, and voted 5 – 0 to authorize Creston to issue a permit for the project.

Waine received an email inquiry about a spite fence; it was agreed that the Board has never issued a permit for a fence and that such a permit does not appear to be required. 

Alan presented a copy of a letter Creston wrote on September 9, 2022 regarding the division of a lot on an old subdivision. The Board agreed to put a dated note on the letter stating that the current Board agrees that the letter is still valid.

Steve Trehu may become an alternate member. The Board’s responsibilities were briefly outlined for him. Waine will ask the selectmen to appoint him.
The meeting adjourned at 8:30 PM.
 

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  APRIL 24, 2024

The meeting began at 7:00 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, and Tim Bickford. Minutes of the March 27 meeting were read and accepted. 

In response to an email inquiry from Jon Fitch regarding construction of a large culvert or bridge on land on Town House Road shown on tax map 2 as lot 13E it was agreed that the Board will make a site visit just prior to its May meeting. It was agreed that Mr. Fitch should be advised to check with DEP regarding their requirements.

Regarding the Shoreland Zoning Ordinance (SZO) permit recently issued to Renee Rhoads (see March minutes), it was noted that Creston had taken a GPS shot at the proposed shed site and later plotted it onto Google Earth along with a GIS layer depicting the floodplain which FEMA has provided the Town; it was very clear from this process that the shed site lies outside of the floodplain.

Prospective new Board members were informally discussed.

The meeting adjourned at 7:30 PM.

— Creston Gaither,secretary

The Board’s January meeting was cancelled due to inclement weather.

Minutes of the December 27, 2023 meeting were read and accepted.

Renee Rhoads owns land depicted on tax Map 10 as Lot 77. She asked whether she needs a permit for an existing shed already located on the site, and was told that none is needed unless she expands its footprint. She has a site evaluation and design for a septic system for a 3-bedroom house. She would like to connect the shed to this system for the benefit of an existing cabin. She was advised to ask her site evaluator whether her design is sufficient for this; if so, she was advised to get a SSWD permit from the Plumbing Inspector. Rules for the expansion of non conforming structures were reviewed. She said a company in Houlton makes “tiny houses” which come on wheels, and asked whether they are treated as structures or recreational vehicles (RVs). The Shoreland Zoning Ordinance rules for storing RVs were briefly reviewed. 

An approved permit by rule was received today from DEP regarding John Woodworth’s land shown on tax Map 10 as Lot 65-1.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

MINUTES OF THE REGULAR MEETING OF THE VIENNA

PLANNING BOARD HELD  DECEMBER 27, 2023

On November 22 Regular members Waine Whittier and Creston Gaither met at the Town House; no quorum being present, no formal meeting was held.

Waine noted that the State now requires before and after photos of projects in the Shoreland Zone.

No additional participants appeared, so Waine and Creston left at 7:15 PM.

On December 27, the regular meeting convened at 7:00 PM at the Town House. Regular members present were Waine Whittier, Creston Gaither, Alan Williams, and Ed Lawless. 

It was noted that on October 15 Creston, Alan, Ed, and regular member Tim Burton conducted a site visit at 6 South Herrin Woods Road on land of Joseph and Leah Tuite shown on tax map 11 as lot H 12 to consider their proposal to construct a stairway to a landing to be placed at the pond, as per a sketch they submitted. Findings of Fact were made as per the Shoreland Zoning Ordinance, and it was voted 4 – 0 that the project is permissible, However, the Tuites asked that permitting be delayed until Spring to allow them additional time for completion. They will contact the Board when ready to proceed.

Minutes of the October 25 meeting were read and accepted.

Waine noted that Jerry Lynch has advised him that the project he outlined at the October 25 meeting has been cancelled.

Regarding Thomas Greaton’s permit as referenced in the October 25 minutes, The Board concluded that the work had probably begun prior to the expiration date of the permit. The Board will therefore not pursue enforcement action.

On December 3 a quorum of the Board met with Scott Holcomb on Michelle McKeon’s parcel shown on tax map 10 as lot 5- W to consider his proposal to add a deck on the westerly side of the existing camp and to extend the existing deck across the rest of the front of the cabin. The Board made Findings of Fact and voted 3 – 0 to authorize Creston to issue a permit for the project. Findings of Fact and Conditions are outlined on the permit thus issued.

Waine may prepare a revision to the Town Shoreland Zoning Ordinance regarding the new requirement for photos outlined above.

Waine was contacted by Dan DoRay of All Weather roofing & Siding about a possible subdivision of land shown on tax map 6 as lot 81 on Davis Pond, but no formal application has been received.

Angela Bell’s application of December 3 was reviewed. As the Board has visited the site in recent months, a site visit was waived. Findings of Fact were made and it was voted 4 – 0 to authorize Creston to issue a permit. The Findings are outlined in the permit.

The meeting adjourned at 7:35 PM.

          Creston Gaither,secretary