BOARD OF APPEALS
Town of Frye Island

Minutes of Meeting of May 26, 2000

A.    MEMBERS PRESENT:  Stan Karpacz, Paul Lyons, Bruce Nisula, and Robert Roberts, Chairman.

B.    OTHERS PRESENT:  (See sign in sheet.)  Gerald Daigle, the Code Enforcement Officer (CEO) of Frye Island was present. 

C.    LOCATION:  Frye Island Community Center

D.    CALL TO ORDER:  The Chairman called the meeting to order at 7:04 PM.

E.     PRIOR MINUTES:  The minutes of the last meeting of the Board, dated October 8, 1999, were printed, distributed, reviewed, and approved at that meeting.

F.     OLD BUSINESS:   None.

G.  NEW BUSINESS:

1.     Variance appeal submitted by James and Deborah Reali. 

Issue was raised and discussed that the application was incomplete in that no deed was provided.  A motion was made and seconded to approve the following :  Table consideration of the variance appeal pending completion of the application.   Unanimously approved.

Upon further discussion concerning the options legally available to the Board, a stipulated review was deemed possible. A motion was made and seconded to approve the following :  Hold off final approval until the Chairman reviews and accepts the deed.  Unanimously approved. 

Accordingly, the hearing proceeded.

A letter was delivered from Bill and Nancy Keup, Lot 1309, who had “no objection to the construction”.

James Reali, an owner, gave testimony on the application but did not give the same facts as in the written application.  He presented the Board with a map which appeared to be a survey map of the lot in question, which indicated a somewhat different shape of the property than did the plan which was submitted..  He requested a porch of dimensions 10’ by 40’, larger than the application requested.   He was not prepared to state the actual amount of the reduction of the set-back dimension required to construct such porch, whereas 15’ had been requested in the application. The applicant’s justifications were discussed.  The Board did not vote on the facts of the case nor on the conclusions regarding the hardship standards.   Applicant was made aware of the option to submit another application.  A motion was made and seconded to approve the following:  Table the application.   Unanimously approved.

2.     Modification of Application Form.

     A suggestion was made to indicate on the application that a deed was required; and it was pointed out that a deed, in and of itself, was not necessarily sufficient legal documentation.  Nonetheless, it was noted that the deed is critical to each and every variance appeal. A motion was made and seconded to approve the following:  Amend APPLICATION FORM, Part I, under “Applicant’s legal interest in the property” to include the words, “Copy of deed is required”.   Unanimously approved.

H.    CORRESPONDENCE AND ANNOUNCEMENTS:

1.     Future Meeting Dates as follows:

                        June 30, 2000
                        July 28, 2000

                        August 25, 2000

                       September 22, 2000

                       October 6, 2000
 

I.  ADJOURNMENT:  A motion was made and seconded to adjourn the meeting at 7:45 PM. Unanimously approved.

The above Minutes approved at the Meeting of the Board of appeals on June 30, 2000.

Respectfully submitted,

Bruce C. Nisula
Secretary, Board of Appeals