Town of Frye Island
IN THE MATTER OF:
The application of Frye Island, Inc. and The Town of Frye Island entitled “Frye Island Ballfield” prepared by Main-Land Development Consultants, Inc. and dated September 2000 and May 2001, revised June 15, 2001
Pursuant to the provisions of the Town of Frye Island Land Use Ordinances, the Town of Frye Island Planning Board has considered the application of Frye Island, Inc. and the Town Of Frye Island including supporting data, testimony at the public hearing and related material contained in the record. The Planning Board makes the following findings and conclusions of law for the Frye Island Ballfield.
Findings of Fact
The applicant proposes to develop a ballfield in an area bounded by Timber Road on the South and Beachview Drive on the West as described in the attached drawing. The current use of the property involves usage of a solid surface (formerly a tennis court) as a skateboard surface. The remaining area was designated as a recreational area in the original plan for Frye Island prepared by Leisure Living. Most of the area except for the tennis courts has remained largely undeveloped, but rough graded.
The applicant’s consultant, Main-Land Development Consultants, Inc. submitted a blueprint of the proposed development in September 2000. At the time of the application in September 2000, the applicant was Frye Island, Inc. The Planning Board conducted a public hearing on September 30, 2000. As a part of the hearing, a site visit was conducted. Minutes of that part of the hearing are contained in the record.
It was determined at the hearing of September 30, 2000 that the proposed ballfield was in a residential zone. The Town of Frye Island Land Use Ordinances, Section 101-6. R-Residential does not permit recreational usage in a residential zone. The ballfield was determined to be a non-conforming extension of use. Furthermore, to complete the area required for the field, lot 800 needed to be included. Title to this lot was not in possession of the applicant. The applicant was directed to clarify ownership of lot 800 and to take the recreational use requirement to the Town of Frye Island Board of Appeals before a decision regarding the proposal could be made by the Planning Board.
A motion to continue the hearing at a time to be named following opening of the Island in the spring was made and accepted by the Planning Board.
Over the winter months, the Town of Frye Island became a party to the application. The proposed area for the ballfield is included under the lease agreement between Frye Island, Inc. and the Town of Frye Island. The opinion of the legal staff at the Maine Municipal Association and of the Town Code Enforcement Officer is that given the lease agreement for the property in question, the use became a municipal use. This usage is allowed in the Residential zone.
In addition, title to lot 800 was deeded to the Town of Frye Island.
Upon resumption of the hearing on June 30, 2001, the Board determined the modified application and plan were complete.
Conclusions of Law:
In view of the above actions and the application and supporting documentation in the record, the Planning Board makes the following conclusions of law. The conditions for approval are found in the Town of Frye Island Land Use Ordinances, Article XII-Standards, §101-73. Conditions for Approval. These conditions state: “No final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that all of the following conditions are found to exist regarding the plan.”
A. The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.
The Planning Board concludes unanimously that the provisions in the site plan for vehicular loading, unloading and parking, and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.
1. Seven parking sites for off-road parking are provided in the plan.
2. A bike rack is provided in the plan.
3. Vehicular loading and unloading is provided for in the parking area.
4. There is concern about vehicles being parked on the road possibly on both sides thereby hindering the passage of emergency equipment.
5. There are line-of-sight concerns regarding entrance and exits from the parking area. There are 260 feet to the crest of the hill toward Leisure. There are 30 feet to the intersection with a stop sign.
Conditions for approval
a. The Town of Frye Island is to be requested to install No Parking signs in the vicinity of the ballfield on the South side of Timber Road and the West side of Beachview Drive in Order to not inhibit the passage of normal traffic and emergency vehicles.
b. The Town is to seek approval from the State Department of Transportation to add two stop signs at the intersection of Timber and Beachview in order to create a four-way stop intersection.
B. The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.
The Planning Board concluded unanimously from the site plan that no buildings are proposed. If any permanent or temporary structures not exceeding 100 square feet are to be erected Planning Board approval must be sought. The Planning Board finds that a small storage box for equipment is not in violation of this standard.
Conditions for approval:
a. No temporary box trailers are to be used on the site.
b. Any temporary structures must be removed within 48 hours.
c. Gasoline is not to be stored in the equipment box or elsewhere on the site.
C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
The Planning Board concluded unanimously that the provisions for landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
1. Landscaping, screening and retention of natural barriers are included in the plan.
2. Some abutters feel that the 15-foot buffer between the outfield and adjoining properties should be wider.
3. Safety netting is provided in the handicapped area.
4. The site plan shows retention of landscaping around the parking area.
Conditions for approval:
a. In those areas where natural barriers are totally or partially removed during construction, replanting and additional screening must be done Planting of Scotch pine along right field should be extended to protect lot 120.
b. Between the left field foul area and Beachview Drive, augmentation of the plant area is required.
c. In the stump disposal area, provision for maintenance of this area, particularly repairing and sink holes, must me provided.
D. The site plan adequately provides for the soil and drainage problems that the development will create.
The Planning Board concluded unanimously that the site plan adequately provides for soil and drainage problems that the development would create.
1. The Main-Land Development Consultant Inc. letter addresses the phosphorous budget. The budget has been increased by about 0.51 pounds of phosphorous for usage by plants in the Lake.
2. The FII letter addresses setting aside about 193,000 square feet of land to compensate for the increase in phosphorous drainage into the lake as a result of the development. This has been communicated to Mr. Ron Faucher at PWD, and his letter accepts this condition on behalf of the Portland Water District.
3. Shielding for run-off during construction is provided in the plan by the use of environmental silt fencing and hay bales.
4. The development will retain the drainage pattern from the site as it currently occurs.
E. The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.
The Planning Board concluded unanimously that no lighting is proposed in the site plan. If in the future, lighting is found to be desirable the Planning Board must approve.
F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
The Planning Board concluded unanimously that the applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
1. The Town of Frye Island is a participant in the plan. It is presumed that the financial capability of the town is secure.
2. FII has granted title of lot 800 to the Town.
3. The Town of Frye Island has budgeted $5000 for the sports field. Some $2000 is left of this amount for continuing the development
4. FII has approved $7500 for the construction.
5. Paid pledges of $16,600 have been received.
6. Pledges of an additional $2000 have been received but not paid.
7. The total of available funds now stands at $29,100.
8. The estimate for construction is $30,000.
9. FII has approved $2500 for yearly maintenance.
10. There is significant volunteer labor pledged to reduce maintenance cost.
G. The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.
The Planning Board concluded unanimously that the proposed development would not create undue fire safety hazards by not providing adequate access to the site for emergency vehicles or by failure to meet other fire safety ordinances or laws.
1. A report from the Town of Frye Island Fire Department has been received and states that creation of the sports field will reduce the fire safety hazard by eliminating deadfall and brush.
Condition for approval:
a. No gasoline is to be stored on the site.
H. The proposed development has made adequate provision for sewage disposal.
The Planning Board finds that no sewage waste is expected. If port-a-potties are ever used for special events they must be removed within 48 hours.
I. The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.
The Planning Board concluded unanimously the proposed site plan would not alter the existing character of the surrounding zoning district to the extent that it will become a detriment or potential nuisance to said zoning district.
1. The proposed development will improve the appearance of the site. Money for continuing maintenance of the site has been approved by FII.
2. Volunteers are pledged to maintain the site.
3. Letter to Mr. Hayes from a realtor states that the ball field “could potentially make your property less marketable” “if prospective buyers are adverse to a ball field right next to your property line. This property has been sold.
4. Ms. Norris stated in her remarks at the hearing last September that the proposed use under Condition I, changes the existing character of the area to the extent it becomes a detriment or a nuisance.
5. Letter from Mrs. Nye that stated some abutters already use the site as a ball field.
6. Current use is for skateboarding. Very little maintenance of the site is performed. Development of the ballfield will improve the appearance of the site.
7. Letter from Mr. Don Hadley, realtor, notes the ball field proposal has had a positive impact on the sale of two houses in the area.
8. Note in FINS from Mr. Hayes: “Do we need an athletic field enough that we are willing to change the character of a neighborhood and possible affect property values?” Mr. Hayes has sold his property even though the ballfield proposal was known to the realtor. Mr. Hadley’s letter suggests that the ballfield will enhance property values.
9. Municipal use is permitted in a Residential Zone and the Town is now a party to the proposal.
Conditions of approval:
a. Time of use is from 8am to sunset and is to be posted.
b. There is to be no alcohol on the site. The Board of Selectmen could issue a special permit for some events.
J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.
The Planning Board concluded unanimously that the proposed development has made adequate provisions for water supply, including adequate supply of water for fire protection purposes.
1. The Town of Frye Island Maintenance department has investigated water pressure at the site and found it to be adequate for irrigation purposes, and for emergency fire purposes.
2. A water fountain will be installed according to the site plan.
3. There is a fire hydrant in the area.
4. Irrigation will be done in the early morning hours when usage is low.
Therefore, The Town of Frye Island Planning Board hereby approves, with conditions as noted above in criteria A through J, the application of Frye Island, Inc. and the Town of Frye Island to develop a ballfield as described in the application and approved plans entitled “Frye Island Ballfield”, by Main-Land Development Consultants, Inc, dated September 2000, and revisions dated May 2001 and June 15, 2001, and Findings of Fact.
Members of the Town of Frye Island Planning Board attending both parts of the hearing and agreeing with the conclusions and approval of the application and site plan submitted by Frye Island, Inc. and the Town of Frye Island:
Margaretta Hommel Patricia Meyers