BOARD OF APPEALS
Town of Frye Island

Minutes of Meeting of July 25, 2003

A.      MEMBERS PRESENT: Bruce Nisula (Chairperson), Watson Clark, Earnest Wrzesinsky, Barbara Aranyi, and Rich Kaplan.

B.     OTHERS PRESENT:  None

C.     LOCATION:  Frye Island Community Center.

D.     CALL TO ORDER:  Chairperson Bruce Nisula called the meeting to order at 7:00 PM.

E.      PRIOR MINUTES:  The Board reviewed the minutes of the last meeting, dated June 27, 2003.  A motion was made and seconded to approve with corrections.   Approved Unanimously.

F.      OLD BUSINESS: None

G.     NEW BUSINESS: Bruce Nisula extended a welcome to the Board for the newly appointed Board Member, Richard Kaplan.

Bruce stressed that it is the goal of the Board to streamline the process of application review to accommodate the appellant and assure a quick turnaround on Board decisions. The Board must determine the actual Facts of each case, arrive at the Conclusions, vote on a Decision, and provide the Decision in writing before the conclusion of the meeting. This process can often result in lengthy meetings at the time a case is reviewed; however, it provides the appellant with the Decision of the Board that night, and therefore, the opportunity to pursue his/her next course of action on a timely basis.

Bruce also stressed that as Members of the Board, we must avoid any discussion or ex parte  communications related to a potential case prior to a formal public Board consideration of the case. Any Board member that participates in discussions related to a case prior to a Public Board Meeting to review the case would inform the Board of such, and may be required to abstain from discussions and Board decisions related to the case.

The Board also reviewed Earnest and Shirley Fielder (plaintiffs) V. Town of Raymond and John Cooper (defendants), Order on 80B Appeal, Superior Court Docket No. AP-01-16.  The Town of Raymond Appeals Board voted to deny the Fielders application for permission to enclose a deck that was within the one hundred foot setback requirements as required in the Raymond Shoreland Zoning Ordinance. Superior Court Justice Robert E. Crowley vacated the Boardís decision and the matter was remanded for further proceedings. It was the Courtís finding that the proposed expansion will not violate the Raymond Zoning Ordinance. The case was reviewed by the Board as it relates to a similar case previously decided by the Frye Island Board of Appeals.

H.     CORRESPONDENCE AND ANNOUNCEMENTS:

1.      Future meeting dates as follows:

            August 22, 2003

            September 19, 2003

            October 5, 2003

An individual meeting may be cancelled, if there are no pending cases or other items  scheduled for that meeting.

I.   ADJOURNMENT:   A motion was made and seconded to adjourn the meeting at 8:00 PM.       

Approved Unanimously

Respectfully submitted,
Watson Clark
Secretary, Board of Appeals

FIBA Minutes 7-25-03