The Planning Board administers the Subdivision Regulations, the Shoreland Zoning Ordinance, the Notification of Construction Ordinance, the Floodplain Management Ordinance, and the Resource Protection and Timber Harvesting Ordinance. Remember, that any harvest of over 25 cords requires a permit. There is no fee involved. Additionally, FairPoint New England and Central Maine Power Companies require Planning Board, or other town official, approval for any new service connections.

MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JANUARY 24, 2007

The meeting convened at 7:00 PM. Members present were Waine Whittier, Alan Williams, Nanou Laliberte, and Creston Gaither. Also present were Comprehensive Plan Committee (CPC) consultant Gwen Hilton and several members of the Committee. Minutes of the December 27 meeting were read and accepted.

Gwen summarized the CPC's progress and outlined the State Planning Office (SPO) contract requirements for the Comprehensive Plan (CP), which the CP will have to meet in order to qualify for grant money. A certification that the CP meets the requirements of the Growth Management Act, which requires zoning, is also available but not required. Waine advised the CPC that an article in the town warrant would be required if CP funds are to be carried over into the upcoming year. Development trends over the past 30 years were discussed (subdivisions, residential construction, etc). The desirability of a site plan review ordinance was discussed.

Creston will annotate a set of tax maps to show the locations of subdivisions.

Waine will send Gwen his Excel indices for permits issued.

Creston will (again) ask the SPO for an updated Floodplain Management Ordinance.

The need to update the existing Shoreland Zoning, subdivision, timber harvest, and floodplain ordinances was discussed.

Creston will send Gwen a copy of the proposed revised Shoreland Zoning map he has drafted.

The meeting adjourned at 9:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD FEBRUARY 28, 2007

The meeting convened at 7:15 PM. Members present were Bob Bassett, Nanou Laliberte, and Creston Gaither. Also present was Austin Smith. Minutes of the January 24 meeting were read and accepted.

Mr Smith would like a permit to build a house, dock, and shed on the former Audrey Goucher lot on Flying Pond. The board agreed to meet him there on March 5 at 4:30 PM and advised him of the requirement that a soil test and plumbing permit be obtained, after which he left.

Creston had advertised this meeting as a public hearing for proposed revisions to the Shoreland Zoning and Floodplain Management Ordinances. The hearing was held and the changes were briefly discussed. However, no other citizens attended.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MARCH 28, 2007

The meeting convened at 7:00 PM. Members present were Nanou Laliberte, Alan Williams, Waine Whittier, and Creston Gaither. Also present were Sharon and Julie Anderson and, later, Hilda Howe and Austin Smith; and still later, Timothy Seamon. Minutes of the Feb 28 meeting were read and accepted.

Julie Anderson wants to deed Sharon Anderson the northerly portion of Lot 1, McGurdy Stream subdivision, as a gift to a relative. It has been more than 5 years since this subdivision was approved. Alan said that the prevailing opinion among title attorneys is that planning board approval should be obtained in such cases under a “once a subdivision, always a subdivision” rule. However, no one knew of a statute or court case requiring formal approval in such cases. After some discussion the board voted unanimously to authorize Creston to send Julie a letter stating the board's belief that approval is not required because the conveyance would be a gift to a relative and because it has been more than 5 years since the subdivision was approved. Creston will have this letter notarized in anticipation of recording requirements. Building requirements and possible future subdivision approval requirements were then outlined for the Andersons.

Hilda Howe appeared on behalf of Tim Seamon with Secretary of State's forms regarding car dealer licensing at 254 & 365 Town House Road (tax map 6 lots 50 & 51-A and map 10 lot 10). The board agreed that as the forms describe only existing and not proposed conditions, and only as they pertain to dealer licensing, they could be signed. Creston was authorized to sign these, have them notarized (as they require), and return them to Ms Howe. The board also gave her a Notification permit for an existing shed on Map 10 lot 10.

Austin Smith then appeared to discuss his proposal to build a house, shed, driveway, stairs to the pond, and temporary dock on his Flying Pond parcel (tax map 11 lot 13-H). The board had visited the site on March 5, noted steep slopes, and tabled the discussion at that time pending review of its previous actions in such situations. At the present meeting the minutes of September 29, 2004 pertaining to the 2 Briggs lots near Mr Austin's lot were reviewed and it was then agreed that the Austin parcel does not lie in a resource protection zone despite its steep slopes. The board reviewed a sketch Mr Austin presented, made findings of fact as per p. 19 of the Town's Shoreland Zoning Ordinance (SZO), and found the proposal conforming, subject to the following conditions: 1). silt fencing to be installed as per the usual permit language; 2). water from the house eaves to be dispersed by a sufficient stone-filled shallow ditch; 3). all setback and dimensional requirements of the SZO are to be met. The permit will also note that board approval is not to be construed as authorizing the disposal of septic effluent across the right-of-way, for which it appears that a private easement may be required (as per an e-mail received from CEO John Archard). Creston was authorized to issue the usual permit by letter upon receipt of a plumbing permit for the parcel. Mr Austin was advised of the 1 year/ 2 years time constraints the SZO imposes on the permit and that the Town expects to adopt a new SZO in the near future.

Timothy Seamon then appeared. He co-owns property on Davis Road with Richard Seamon. At his request general permitting requirements for driveways, construction, etc were outlined.

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD APRIL 25, 2007

The meeting convened at 7:00 PM. Members present were Waine Whittier, Bob Bassett, and Creston Gaither. Also present was Austin Smith. Minutes of the March 25 meeting were read and accepted.

Austin presented a plumbing permit for his pending Shoreland Zoning Ordinance (SZO) application (see March minutes) and his permits were then issued.

Creston noted that no one can find a copy of the cell tower ordinance as adopted. Waine will check his records for a copy and noted that Muffy Floyd may have one. Creston will ask Muffy about this.

Creston noted that he attended the most recent Comprehensive Plan Committee meeting and was impressed with the Committee's efforts.

Creston reported that he called MMA and asked whether a situation such as Julie Anderson's (see March minutes) would require planning board approval. Attorney Richard Flewelling advised him that he is unaware of any statute or court ruling that would require such approval and that attorneys who ask for it are, in Richard's opinion, taking an unnecessarily conservative approach.

Creston briefly outlined a recent phone conversation he had with Gene Schramm concerning plans for Sherry Schramm's Flying Pond parcel. Creston advised Gene that the SZO will probably be revised in March 2008; that the current Ordinance has a 1 year/ 2 year window for construction once a permit has been issued; that abutter Arline Waite has a permit for a timber harvest but not for a road (Gene says that Scott Daly wants to extend the existing road across a wet area); and that any questions about the performance of the harvest should be referred to Code Enforcement Officer John Archard. Creston also told Gene that he was not certain that all of what the Schramms want to do would be allowed and briefly outlined variance procedures. Gene told Creston that he believes that the neighboring D'Alfonso structure exceeds height requirements. Creston advised him that if so this would be an enforcement question and should be referred to John Archard.

Creston noted that he has delivered the required three certified copies of the revised Floodplain Management Ordinance to the State Planning Office.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD MAY 23, 2007

At 6:30 PM regular members Nanou Laliberte, Bob Bassett, Waine Whittier, and Creston Gaither met at Eugene and Sherry Schramm's Flying Pond site (tax map 10 lot 40) to consider their request for a Shoreland Zoning Ordinance (SZO) permit to construct a gravel parking area alongside the Waite Road, remove their existing cottage, expand their existing deck, and construct a new house and a barn on the parcel.

The regular meeting convened at the Town House at 7:00 PM. Members present were as above. Jim and Muffy Floyd appeared briefly and were issued a Notification of Construction (NoC) permit for a 42 foot windmill. Minutes of the April 25 meeting were read and accepted.

Creston and Waine have received letters from the State Planning Office stating that the recently adopted revised Floodplain Management Ordinance meets their requirements.

Creston has obtained an electronic copy of the “cell tower” ordinance (see April minutes). Selectman Dodi Thompson has printed some copies.

Several recently issued permits were reviewed.

Creston presented Bill Mahoney's written request for a “renewal” of his May 2005 SZO & NoC permits. Since neither the proposal nor the ordinances have changed the board agreed to waive the usual site visit and authorized Creston to issue these permits. However, he will include a notice that major changes in the SZO are expected in March of 2008.

The Schramms' proposal and the site plan they presented were reviewed. The board discussed: 1). the non-conforming siting of the proposed house in the light of the SZO (Sect. 12.C.2.3.) requirement that it meet the required setbacks to the “greatest practical extent.” The drawing suggests that the house could be rotated to meet the 100'/ 15' setbacks and that the proposed siting is thus not permissible; 2). the proposed expansion of the existing deck. SZO Sect. 12.C.4 allows a change of use for a non-conforming structure, so this part of the proposal would likely be acceptable; 3). the gravel parking area. This would require excavation and removal of material. With the usual conditions as to soil erosion, and a requirement that material be legally disposed of outside of the Shoreland Zone, this would be acceptable; 4). the barn. This presents no setback problems and would be acceptable with the usual conditions as to soil erosion and runoff. The board made findings of fact as per p.19 of the SZO and authorized Creston to issue a permit for the barn, parking area, and/or the deck with the conditions outlined above if the Schramms wish. He will also advise them of the board's concerns regarding the proposed house and its setbacks.

Creston will advise CEO John Archard of some possible cutting within the Shoreland Zone which the board observed near the Schamm site.

The Town is nearly out of NoC permit forms. Creston will have new ones printed showing the current century and omitting some other unnecessary items.

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JUNE 27, 2007

At 6:00 regular members Waine Whittier, Creston Gaither, and Bob Bassett met with agent Bruce Buzzell on the Rose Realty Trust parcel on Kimball Pond (tax map 3 lot 45-K) to consider his proposal to 1). create a gravel parking area for occasional camper parking approximately 75 feet from the pond; 2). create a gravel path from the gravel area to the pond.

At 6:30 PM the said members met with Gene and Sherry Schramm on their Flying Pond site (tax map 10 lot 40) to discuss their revised proposal to remove the existing cottage, expand the existing deck into the “footprint” of the existing cottage, construct a barn northerly of the private right-of-way, and construct a new home southerly of said right-of-way .

The regular meeting convened at the Town House at 7:00 PM. Minutes of the May 23 meeting were read and accepted.

The Schramms appeared to discuss the aforesaid proposal and presented a revised site plan. The board emphasized that it would be the Schramms' obligation to meet the required setbacks as the “fit” appears to be tight. Findings of fact were made as per p. 19 of the Shoreland Zoning Ordinance (SZO). The board voted 3 – 0 that the proposal is conforming, subject to the following conditions: 1). a silt fence is to be erected around the area to be disturbed and is to be maintained until the soil has stabilized; 2). excavated material is to be disposed of legally and outside of the Shoreland Zone; 3). steep slopes are to be stabilized by the use of rip-rap etc.; 4). the surface beneath the proposed deck is to be dry-laid (not mortar-set) with crushed stone, sand, or similar material to allow drainage; 5). all new structures, including the new house and the new deck attached to it, are to meet all of the setback requirements outlined in the SZO; 6). the existing cottage is to be removed within 2 years of the effective date of the permit, removal of said cottage being a condition of said permit. Creston was authorized to issue the usual permit by letter.

Bruce Buzzell then appeared on behalf of Rose Realty Trust to discuss the aforesaid proposal for tax map 3 lot 45-K. He also asked that the permit include wooden steps over the berm near the pond (in order to protect the berm) and a dock of less than 30 feet in length. The board reviewed the SZO requirements for fill and those for footpaths (Sect 15.P.a, page 16) and determined that this proposal is permissible. Creston was authorized to issue the usual permit by letter.

The meeting adjourned at 8:15 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD JULY 25, 2007

At 6:30 regular members Nanou Laliberte, Waine Whittier, Alan Williams, Bob Bassett, and Creston Gaither met with Richard Stake at his Kimball Pond parcel (tax map 3 lot 11-K) to consider his proposal to remove the existing camp, which lies close to the pond; and to construct a new house farther back from the pond. Bob may be contracted to do the proposed work for Mr Stake and thus recused himself from participation as a member in this visit and in the discussion outlined below.

The regular meeting convened at the Town House at 7:00 PM with the said members and Mr Stake present. Minutes of the June 27 meeting were read and accepted.

Mr Stake's proposal was discussed. The board found that 1). the proposed new structure could conceivably be placed at least 100 feet from the pond but that 2). the lot in question is relatively small and 3). there is an area of large trees on the westerly side of the lot. Shoreland Zoning Ordinance (SZO) Sect. 12.C.2. (pages 3 & 4) was reviewed. The board then agreed that it would consider allowing the new structure to lie closer than 100 feet from the pond in order to minimize the canopy opening and the disruption of the site. If a grey water waste disposal system is used, a setback of 85 feet might be permissible; if a regular system is used, a 75 foot setback might be permissible. However, the total floor area of all construction or expansion between the 100 foot setback line and the pond would have to be less than 1500 square feet. No formal application was submitted and thus no formal action was taken.

Waine has received a second request from FEMA for a report on flood plain activities. Creston will deal with this.

Recent permits etc. were reviewed.

The schedule for action on the State's mandatory changes to the SZO was discussed. Waine suggested that we begin discussing the ordinance at the August meeting. Copies were distributed. Creston will see if electronic versions are available.

The meeting adjourned at 7:45 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD AUGUST 22, 2007

At 6:30 regular members Nanou Laliberte, Waine Whittier, and Creston Gaither visited the Clifford and Daly sites on Flying Pond (tax map 10 lots 122 and 48 respectively) to consider 1). Doug Beal's proposal to elevate the camp on the Clifford site, temporarily relocate it, replace the piers beneath it (possibly moving more than 10 CY of material), and replace the camp on said piers; and 2). questions posed by Scott Daly to Creston in a recent e-mail.

The regular meeting convened at the Town House at 7:00 PM with the said members and forester Stephen Gettle present. Minutes of the July 25 meeting were read and accepted.

Mr Gettle's proposal to harvest more than 50 cords of wood on the Myers Retirement Plan parcel on Egypt Pond (tax map 9 lot 2) was considered. Mr Gettle presented a timber management plan which was reviewed. No new roads are proposed, but some harvest areas lie within a Stream Protection District. Findings of fact as per p. 19 of the Shoreland Zoning Ordinance (SZO) were made regarding these areas and it was then voted to authorize Creston to issue the THO and SZO permits with the usual statement that the more restrictive requirements are to be upheld when the ordinances conflict.

Doug Beal's aforesaid proposal was discussed. The board made findings of fact as per p. 19 of the SZO and voted to authorize Creston to issue this permit with the usual condition requiring a silt fence and soil stabilization.

Scott Daly's questions regarding expansion and/or relocation of his non-conforming house were discussed. It was agreed that the slopes and other factors on this lot may allow the board to find that a setback of less than 100 feet might be permissible as per Sect. 12 of the SZO, and that the 1000 sf/ 1500 sf limits in said Section would control what he might do within the 25 to 75 foot and 75 to 100 foot setback areas respectively. No formal application was submitted and thus no formal action was taken. Creston will relay the board's thoughts to Scott.

Creston had agreed to complete the FEMA questionnaire the board has received (see July minutes) but wondered whether the board's “best estimate” of data from the previous questionnaire was sufficiently accurate. The board agreed that it would suffice unless Creston could get better data, i.e. from Maine's GIS site. Creston will complete the questionnaire.

Bob Thompson's request for a renewal of his June 2004 permit was considered. Because pertinent sections of the SZO have not changed and the proposed house is actually smaller than what was proposed in 2004 the usual site visit was waived. Creston has been hired to stake the 100 foot setback line on this lot and thus recused himself from the board's deliberations. Waine and Nanou made findings of fact as per p. 19 of the SZO, found the proposal acceptable, and agreed that Creston could issue the usual permit by letter once a third vote from either Bob Bassett or Alan Williams is obtained.

The board left a census bureau report that was mailed to Creston in Dodi's box, possibly for her to forward to Laura Reveille as it concerns street addresses.

The State's guidelines for mandatory changes to the SZO were discussed. There are several substantive issues which the Town must decide before it votes on the final ordinance in March. Discussion will continue next month. Creston will seek electronic versions of the guidelines.

The meeting adjourned at 8:30 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD SEPTEMBER 26, 2007

At 6:30 regular members Nanou Laliberte, Alan Williams, Bob Bassett, and Creston Gaither met with Gus Libby at his Kimball Pond site (tax map 3 lot 11K) to consider his proposal to remove the smaller of two existing structures near the pond along with the northerly end of the larger existing structure; fill the existing cavity beneath the latter structure; convert the southerly portion of the larger existing structure to a bunkhouse; and construct a new home farther back from the pond.

The regular meeting convened at 7:00 PM at the Town House with the aforesaid persons present along with Richard Stake. Alan was elected acting chairman in Waine Whittier's absence. Minutes of the August 22 meeting were read and accepted.

The board considered Mr Stake's proposal to remove the existing cottage on his Kimball Pond parcel (depicted on tax map 3 as lot 11-K ) and construct a new home farther back from the pond. The board had previously visited the site and informally discussed Mr Stake's options (see July 25 minutes). Bob Bassett has contracted to do some of the proposed work and thus recused himself in this matter. The board confirmed its view that a non-conforming setback would be permissible as per the aforesaid July 25 discussion. FEMA's flood map for this area was reviewed. Findings of fact were made as per p. 19 of the Shoreland Zoning Ordinance (SZO) and the proposal was found permissible subject to the usual conditions as to silt fencing and the removal of the existing structure. Creston was authorized to issue the usual permit by letter.

The board then considered Mr Libby's proposal (as outlined above). The parcel appears to have approximately 350 feet of pond frontage and 2.8 acres. Creston read the SZO definition of “residential dwelling unit” out loud and it was agreed that the proposed bunkhouse would not constitute an additional dwelling unit under this definition though it may constitute an additional bedroom as regards the proposed septic system. The board made f indings of fact as per p. 19 of the Shoreland Zoning Ordinance (SZO) and the proposal was found permissible subject to these conditions: 1). the usual silt fencing requirement; 2). the removal or conversion of the existing structure; and 3). the cavity beneath the existing structure is to be filled with crushed stone. Creston was authorized to issue the usual permit by letter.

The board reviewed William Mahoney's recent letter requesting an extension of his May 28, 2007 permit (in order to allow him an additional summer in which to complete work). The board found that 1). the bunkhouse outside the shoreland zone has been substantially started; 2). the installation of the septic system would not constitute a start, therefore the shoreland zone portion of the project has not been substantially started. After a discussion the board concluded that the SZO does not have an “extension” process. It therefore voted to issue a new SZO permit superseding the old one, subject to a review of this option by an MMA attorney. Creston was authorized to contact MMA and, if they approve, to issue the new permit by letter.

The board agreed to postpone discussion of SZO revisions in view of Waine's absence.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD OCTOBER 24, 2007

The meeting convened at 7:00 PM. Members present were Waine Whittier, Bob Bassett, and Creston Gaither . Creston had forgotten to bring the September 26 minutes so their review was tabled. He did outline the three permits discussed in September from memory and said that MMA had approved the process the board adopted for the Mahoney permit.

Kay and Ned Van Woert would like to build a home on their Whittier Pond parcel. The board may meet with them on Saturday morning October 27.

Waine will bring a marked up copy of the proposed changes to the Shoreland Zoning Ordinance to the next meeting.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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MINUTES OF THE REGULAR MEETING OF THE VIENNA PLANNING BOARD HELD NOVEMBER 28, 2007

The meeting convened at 7:00 PM. Members present were Waine Whittier, Nanou Laliberte, and Creston Gaither. Minutes of the September 26 and October 24 meetings were read and accepted.

Recently issued permits were processed. Creston has issued Bill Mahoney's Shoreland Zoning Ordinance (SZO) permit (see September minutes) but did not have it with him and will bring it next month.

Proposed changes to the SZO were reviewed and discussed. Regarding Sect 12C(1-A)(d) and the State's recommendation that the SZO specify which professionals are deemed qualified to prepare the requisite plans, and noting that the State's SZO guidelines require that said plans include a scaled site drawing and that the plans be recorded, Creston will find out what professionals are allowed to seal plans for recording purposes at the Registry of Deeds.

It was agreed that, at the next meeting, the board will discuss three options regarding timber harvesting as outlined on p. 25 of the board's draft copy of the guidelines. It was agreed that the public hearing on the new SZO should be scheduled separately from that for the Comprehensive Plan and Creston was therefore directed to advertise the board's January meeting as a public hearing on the new SZO.

The meeting adjourned at 8:00 PM.

Creston Gaither, secretary

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DECEMBER 26, 2007

As no quorum was present, no formal meeting was held in December.

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