Town of Frye Island
Planning Board Meeting
June 1, 2002 4pm
Location – Community Center
Present: Marge Hommel, Ed Johnson, David Treacy, Jeanne Sullivan Toomey
Absent: Bob Hannah, Ed Charrette, Tom Burgess
Selectmen James Kuiken, Bob Roberts, John Crosby
Comprehensive Plan Chair Fritz Mueller
Appeals Board Member Ernie Wrzesinsky
FII Board Secretary Carl Hommel
Residents Mark & Marilyn Sullivan lot 288, Grace Morin lot 287, Don Hadley lot 174, Christian & Marianne Weise lot 1671, “Cappy” Cappabianco lot 287 Lorraine Wrzesinsky lot 285
In the absence of the chairman, Vice Chairman Ed Johnson called the meeting to order at 4:05 pm. He named Jeanne Sullivan Toomey as a voting member for this meeting.
Application for a storage shed next to the Administration Building (Town Hall)
At the request of Lois O’Conner, owner of the Frye’s Leap Café, the permit application was moved first on the agenda. Planning Board member David Treacy leases land to Lois for a part of the restaurant, so he sat in the audience for this agenda item.
To supplement the original application, there was a letter from the COE stating that the he thought that the application was in order, and that the permit should be granted. In addition, there was an aerial view of the property which showed the location of the proposed storage building. Ed Johnson pointed out that the Planning Board had not followed its own by-laws in this matter. The application was not date stamped when received, and abutters were not notified in writing. Also, the permit was for a site plan review, not a shoreland permit. Ed told Ms O’Conner that it was not her fault that the office gave her the wrong permit application. He handed out copies of a shoreland permit application. The board decided to postpone consideration of the application until June 15, when it would hold a public hearing on the matter. He asked for a written shoreland application and a scaled site plan.
Selectman John Crosby suggested that MMA be contacted to answer the legal questions that have arisen. As a result, the following query was emailed to MMA:
The Town of Frye Island zoning ordinance requires Planning Board approval for an accessory building in a Water Oriented Commercial District. In other zoning districts in the Town, all that is necessary is approval by the Code Enforcement Officer.
Does the Planning Board need to contact abutters before acting on the permit application? Our ordinance is silent on this issue, although some people feel that this is necessary because the Board will hold a hearing. We have no precedent, since this is the first time this has occurred since we became a Town in 1998.
The normal order for the agenda was then resumed.
Minutes and Correspondence
The minutes of September 15, 2002 and September 29, 2002 were approved as written.
Comprehensive Plan update
Fritz Mueller stated that the review from the State was favorable, and that the Plan had been revised in response to some of the comments. The Plan is available for viewing in the Town Office. To date, no one had signed the sheet saying that they had looked at it.
Land Use Ordinances – Resource Protection Zoning change
Many people spoke on this issue, asking that the prohibition against building a single family residence be removed. Don Hadley asked if the 1500 foot maximum footprint could be changed to 2000 square feet. Dick Norris said that he thought that we could make our Ordinance more restrictive than the model State Ordinance, but not less. Marge Hommel was asked to check this with the MMA. She was also asked to check if affected land owners need to be notified before we change this zoning.
The wording from Maine State model ordinance was amended to read “100 feet from the water” instead of “75 feet from the water”. The Board voted to have a public hearing on the amended wording of the ordinance, on June 15.
As a result of the meeting, the the following query was emailed to MMA:
The Town of Frye Island became Town in Maine on July 1, 1998. At that time we adopted zoning ordinances from the Town of Standish. These included a Resource Protection District, with boundaries outlined on a very small indistinct map.
1. Can we legally eliminate this district from our zoning ordinance?
2. How do we determine which lots are in this district? What do we do if there are lots in this district which we don’t think should be there?
3. There are cottages on lots in this district. Are they restricted from
a. Building accessory buildings (if otherwise allowed in a Shoreland zone)?
b. Expanding their cottages (up to that allowed in a Shoreland zone)?
4. If we adopt the State’s model Ordinance on Resource Protection Districts, can we make it less restrictive that the model, by making the maximum footprint 2000 square feet, rather than the 1500 square feet in the State model?
5. Do we need to notify owners of affected lots if we present an ordinance to Town Meeting?
Confirm 2002 Meeting Schedule
Selectman Jimmy Kuiken asked that this be postponed until the next meeting. He said that the published dates of the Seletmen’s meetings were wrong in some cases. The Board agreed to postpone this item until the June 15 meeting.
Accessory Buildings – Marge Hommel reported on a discussion will Bill Foye, our Code Enforcement Officer. He stated that Accessory Buildings are only allowed in a residential zone if they are associated with a primary building (a residence). Therefore an Accessory Building cannot be built alone.
The meeting adjourned at 5:25 pm.
Marge Hommel, Secretary