Minutes of Planning Board Meeting

August 14, 2004

Frye Island Community Center


                 The meeting was called to order by Chairman Marge Hommel at 8:37 a.m.

Members present: Marge Hommel, Ed Johnson, Don Nolen, Kathy Potts, Dave Treacy, Paul Peterson. 


1)  Minutes

                 It was moved by Don Nolen, seconded by Kathy Potts,and approved unanimously that the draft minutes for the July 17 meeting be accepted.


2) Correspondence

                 Marge read a letter from Paul White, CEO, asking clarification that the Land Use Ordinance provision regarding the 180 day time limit to start work under a building permit should not count the period that the island is closed.  Ed Johnson said the Board should not have any interest in making this change because the CEO has authority to extend the period.

                 Letters from Paul White, CEO, regarding bunkhouses and splitting of privacy lots were set for consideration at the Aug. 28 meeting.


3) Old Business

                 Grace Morinís letter of resignation, because of conflict with the BIT Executive Committee, was accepted.  The Board is now seeking an alternate member to complete her 1 year term.

                 Memorial Garden/Cemetery

                 Wayne Fournier, Town Manager, reported that some islanders have expressed interest in establishing a place for interment of islanders cremated remains.  Nancy Fournier is asked to form a committee to investigate this proposal.  Marge will be a liaison member for the Board.

                 Rezoning of Lot 501

            This agenda item was tabled in September, 2001, pending the resolution of a lease arrangement between the owners of Lot 501 and the operators of the store for land between the store and the water.  The land issue has been resolved.  David Treacy recused himself for the duration of the discussion, and the minutes for this and the next topic were recorded by Kathy Potts

            An extensive discussion covered various aspects of rezoning Lot 501 from Water Oriented Commercial to Residential to conform to the current Land Use Map.  Currently two residences occupy the property.  A statement obtained from MMA states that opinions of landowners whose property is under consideration for rezoning may be considered, but is not binding. 

            The current owners are unwilling to support rezoning until the town is willing to resolve the issue of the de facto extension and concurrent use of Playground Lane, which crosses their property where it abuts the recreation area.  The Frye Island Fire Department has stated that both Playground Lane and Recreation Beach Road must remain open for access by emergency vehicles in both directions.  Various solutions were proposed, including rerouting the road, construction of a gate, or the addition of fencing.  It was pointed out that should this property remain Water Oriented Commercial, future use could severely impact Town services required.

            Motion was made by Ed Johnson, seconded by Don Nolen, and passed with one abstention, to schedule a public hearing on August 28, 2004, to rezone the property.

            Marge Hommel will notify abutters.


Rezone Recreation Area Adjacent to Lot 501 to Residential

            Changing of zoning would conform to the current Land Use Map.

            Motion was made by Ed Johnson, seconded by Don Nolen, and passed to schedule a public hearing on August 28, 2004, to rezone the Recreation Area abutting Lot 501 from Waterfront Commercial to Residential.

            Marge Hommel will notify abutters.


Revision of Buffer Zone Requirements

                 Passage of the re-zoning warrants described above would create a potential problem if any change of use were contemplated affecting any portion of the land within 50 feet of the northerly border of Lot 501 and the Recreation Area.  It was moved, seconded and passed unanimously that this be set for a public hearing on August 28.


Right of a Property Owner to preserve prior zoning

                 Marge provided a letter from MMA stating that this is a legislative matter and the property owner has no administrative recourse.


4)                       New Business

                 Comprehensive Plan

                 It was agreed that, in view of the requirement that the Plan be updated every 5 years, this should be started next spring.

                 Golf Cart Ordinance

                 A Maine law passed about 2 years ago requires that a person have a valid drivers license in order to operate a golf cart on a road, except that special provisions can be made to permit crossing a road between portions of a golf course.  It was moved by Ed Johnson, seconded by Don Nolen, and passed that a revision should be scheduled for public hearing on Aug. 28.

                 Mooring Ordinance

                 After discussion of the need to do something to prevent conflict between present and future mooring owners, and swimmers, it was agreed that Carl Hommel, Dick Giggey, Tim McCarthy, Steve Torigian and Paul Peterson were asked to serve as a committee to report back to the Board on Sep. 11.

                 The owner of lot 1605 (Jamison?) expressed the hope that some FII lots could be cleared partially, to provide additional water access for inland lot owners.


It was agreed to schedule a working meeting for Sep. 11 (although Marge cannot attend), and a regular meeting for Sep. 25.

                 At 10:36, it was moved by Ed Johnson, seconded by Don Nolen, and agreed to adjourn.