Minutes of Frye island Planning Board—6/15/02

 

Present- Ed Charette, Dave Treacy, Ed Johnson, Marge Hommel, Jean Sullivan –Toomey, Tom Burgess

 

  1. Public Hearing on Storage Shed permit for Frye’s Leap Café

Point on Info- Have abutters been notified? (EJ)

                          Yes (MH).

Mr Tracey was asked to recuse himself since he is abutter to property in question by BH. TB takes his place on board.

 

BH asked that the CEO’s letter be read into the minutes ( attached)

   FII board letter was also added which was in favor of permit. ( attached)

Petitioner, Lois O’Connor addressed the hearing and claimed the following  hardships.

  Need for additional storage

  Safe containment for Beer and Wine

  FII is doing property survey to determine lines

  Need container no later than 7/4.

  Raising height of fence is not feasible.

 

 Mark Thomas, president of FII, commented that fence is needed to screen area from the public.

Question (TB) What happened to fence from original proposal?

Answer (LO) Thought it wasn’t allowed under covenants

Answer- Only in covenant, PB can override ( BH)

Comments- Shed should be temporary -John Crosby

                  Security is better with Steel building – Bill Foye

                  Can Steel building be put on a residential lot (EJ)

                   Building should blend with style (CEO)

                   No prohibition in Zoning plans with specific exception for use

                   during home construction (Norris and BH)

                    Selectman noted that it is behind pins ( JC)

Motion to close public hearing (EJ) seconded (ES). Passed unanimously

    End of Public Hearing

Board discussion-

   Set back should be 15’ (EJ)

   Plans show 20-25’ (ES)

   Not sure where property lines are (BH) but approved permit is in hand ( BH)

   Is shed in conformance- Yes

   Any effect on water pollution- No

   Generate any waste water- No

   Any effect on wildlife?-No

   Shore cover and access- N/A

   Flood plain- N/A

   Ground water quality- N/A

Motion to approve permit with the following exceptions:

 1)  Minimum 6’ fence in front of unit

  2) Placed first week of June and removed day after Labor Day weekend.

  3) Subject to favorable land survey

    Motion – (EJ) Seconded (ES) Passed-U

Public Hearing Resumed-

 

  1. Resource protection District change-

     Discussion-

Update on plan and development proposal to amend zone to the State of Maine  (MH).

Reference (MH) Email. ( Attached)

14 houses already built in Zone. These houses are grand fathered as a non-conforming use, if built before Standish adoption on 10/93.   Property owners do not have to be notified of their status. (DN)

Set backs can’t be increased? ( BH)
  True (MH)

What if they are burned or destroyed? (BH)
They can be replaced if started within a year (MH)
Comment- Watch out for voluntary removal ( CEO)

Does the land as mapped meet definitions of RPZ? ( JST)
Yes (MH)

Do we have to replace any land changes in other zones? (JST)

    No (MH)

Slope and wetlands are the criteria? ( Fitzmuller # 379)

     Yes (BH)

Standish did not institute this zone, the State did.
Standish failed to field verify. ( Tom #287)

Can Grand fathered houses be added on to? (KP)
Don’t know (CEO)

Adopting into ordinance is problematical because of 1500 sq ft maximum which doesn’t conform to existing shore land requirements. (DN)

State visit is required to explain and clarify (BH)

Postpone special exception until existing homes are removed from the zone. (DN)

Can we protect land owners? (EJ)
Not at this time (DN)

Postpone question of additions and rebuilding (CH #68)
No need. They are protected under non-conforming use. (BH)

Is non-conforming legal? (EJ)
Yes, since letter of no-action had not been filed (MH)

Make all three changes to Zone at the same time (Crosby #27)
We will refer to MMA (MH)

 In favor of State language ( Sullivan #288)

Is “spot-zoning” applicable in this case? (DT)
No, because RPZ is at least 2 acres in size. (MH)

Current areas do not fit definiton. (DT)

Warrant articles – should we add State provisions? (BH)
No- not required (MH)

Can we change sq ft from 1500 to 2000? (EC)
No- State won’t allow. (MH)

How many privately owned lots? (EJ)
There are 37 lots in total broken down as follows:

14 cottages

5 private lots

18 lots owned by FII (CH)

Does FII plan to sell lots in RPZ? (EJ)
Not at this time. (BH)

Mr Sulivan , how did you acquire your lot in RPZ? ( EJ)

Private sale (Sullivan)

Will these lots have a 75’ setback? (DN)
No.100’ setback already voted on by Planning Board for warrant article. (MH)

Will lot # 288 be removed from this zone? ( Sullivan)
That is the plan. (MH)

Do lot owners have legal recourse against the town of Standish? (JST)
No. 60 day limit for appeal has expired (MH)

Case example of court action. (DN)

Review of E-mails from MMA. (BH)

  

 Motion to close Public Hearing (EJ)

      Seconded (DT)

       Passed – Unam.

 

Motion to accept article was made and seconded (BH)

No discussion

Move the question and passed unam.

 

Reopen Public Hearing-

III  Review of Comprehensive Plan

 

Thanks to Fritz from the board for all his hard work on plan!

Acknowledgement of Marge Hommell’s efforts.

   Plan has been accepted by the State and meets all their criteria.

Fritz--Review of State’s feedback, none of which was critical to the substance of the Plan. He noted the lack of public interest in the Plan but stated it is a living document and can be changed in the future. This is the last Public Hearing on the Plan.

  The Plan has the public and State comments as addendum. ( attached and also on the WEB)

   The Plan has been formally approved by the State as “ consistent” with State goals. It was noted that in 1992 the State “ required” this plan by statute and changed that to “suggested” if your town was enforcing Zoning ordinances. He noted that the lot size restriction has been addressed and that the “Tupelo” area is no longer in a conservation area. He addressed the State’s comments as not really applicable to Frye Island.

  Next Steps-

    Develop needs assessment for the future.

    Current fiscal capacity of the town limits implementation of many areas of the Plan.

   Areas already addressed include:

      Formation of Conservation Committee

      Upgrading of Ferry system

      Modernization of Water System

      Appointment of Constable

There will be an executive summary of the Plan by July 1st/02.

 Question- Cost of Plan? (BH)

$3-5,000 of which $3,300 was funded by the Sate.

 In perspective the town of Raymond has budgeted $35,000 for their plan.

  Now the Island has 2 years to bring all ordinances in line with the plan. (BH)

Example- Septic system pump out requirements (Fritz)

 

Motion to adjourn Public Hearing seconded and passed unam. (EJ)

 

Motion to move Comprehensive Plan to Warrant seconded and passed unam. (MH)

Point of info- Where should documents on the Plan be stored? (Fritz)

 Decision tabled.

 

  1. Acceptance of  minutes of 5/11 meeting.

Motioned (EJ)

Seconded (ES)

Passed

  1. Scheduling of future Board meetings

Decision tabled until new board is appointed.

  1. Vote to post Comprehensive Plan to the WEB.

Motioned (MH)

Seconded (EJ)

Passed-Unam

  1. Shoreland Zoning rewrite-

 

Alex Wang needs maps of RPD. (CH)

Should rewrite be postponed? (EJ)

      No- Maps are separate issue from ordinance (MH)

      Dick Norris is working on it. (BH)

We need MMA and DEP responses (MH)

Rewrite postponed for new Planning Board (BH)

   

  VII     Other Business

           1) New form for building application in a Shoreland Area submitted (EJ)

              Motion to accept (EJ)

              Seconded (DT)

              Passed- Unam.

            2) Enactment of LD 2119

                 Tabled

             3) Vacancies on new PB

                  Action- Post to FINS (MH)

             4) Public notice of new house numbering ordinace

                  Action- Post to FINS (JT)

            

       Motion to adjourn at 5:30 PM (DT)

        Seconded (MH)

        Passed- Unam

 

Respectfully submitted,

 

Tom Burgess, Assistant Secretary

Marge Hommel, Secretary