Minutes of Planning Board Meeting and Public Hearing
August 27, 2005
Frye Island Community Center
The meeting was called to order by Chairman Marge Hommel at 8:30 a.m.
Members Present: Marge Hommel, Ed Johnson, Don Nolen, Kathy Potts, Paul Peterson – Voting Alternate, Steve Kaplan, Paul White – Frye Island Code Enforcement Officer, Wayne Fournier, Town Manager
Minutes and Correspondence:
Marge passed around the Shoreland Zoning News. The Minutes of the previous meeting were passed as amended to add Kaitlyn Nisula’s name
under “Public Hearing Attendees.”
Memorial Garden: Marge reported that she has conversed with Nancy Fournier, Chairman of the Memorial Garden Committee. The Committee is currently investigating an alternate site for the Memorial Garden.
Report by Paul White, CEO:
Accessory Buildings – Paul White spoke regarding the proposed Accessory Structure Ordinance. He stated that there is a fine line between “principal structures” and “accessory structures” as they currently exist and were formerly allowed on Frye Island. It is his opinion that an ordinance is needed to define what is specifically allowed; our existing ordinance restricts owners to only one principal structure per lot, and abuse is occurring, particularly in the Shoreland Area. (Accessory buildings with bedrooms, plumbing and kitchen result in a second primary structure.) He stated that bedrooms in accessory buildings speak to the aspect of growth and expansion of buildings, as well as the setback rules pertaining to principal structures. It is his opinion that confusion could be eliminated by barring plumbing in accessory buildings and defining bedrooms.
Additional Comments Regarding Frye Island Building Ordinances:
1. Lot surveys should be required if there is any question regarding set-backs in new construction building permit process.
2. Suggested changing time limits on Building Permits to “Island Months” instead of calendar months.
3. Possibly tighten up the Occupancy Permit process, and define “substantial start,” as currently stated in the permit verbiage.
4. Clear language is needed as to whether RVs are allowed on Frye Island. Currently only Frye Island, Inc. covenants speak to Recreational Vehicles.
5. Language is needed regarding the construction of docks, and the definition as to whether they are considered “structures.” He currently requires building permits for docks and considers them structures under State statutes.
6. The Growth Ordinance is due for review. It was agreed that the Planning Board will look at the Growth Ordinance at a future date; the BOS/EC is currently reviewing the ordinance as required, and Paul has distributed a survey to Islanders.
Kathy Potts moved that we come back at the next meeting with language defining the use of plumbing in accessory buildings; Ed Johnson seconded the motion. Paul Peterson agreed to draft language regarding the accessory building/plumbing/bedroom issue by the next meeting. Motion passed unanimously.
The Public Hearing on Accessory Buildings was not re-opened, pending further discussion by the Board.
Mooring Ordinance, Version 16
The Board continued the discussion of a Town Mooring Ordinance, and accepted comments from the public. The ordinance was discussed by section, as follows:
Sections 1-5 Bob Desfosses, Lot 64, stated that the Ordinance is too all-encompassing and that he is unaware of any major problems. He stated that the Ordinance enlarges beauracracy and expenses of Town operations. No changes to the sections.
Section 6 Paul Peterson pointed out that the definition of “Mooring Lane” had been inadvertently omitted from the latest version. It will be re-inserted.
Section 7 Marge Hommel asked that the language in registration include the use of “a” and “b” when owners moor more than one watercraft. Language will be included.
Section 8 John Crosby, Director of Public Works, stated that “beginning of season” and “end of season” puts scheduling stress on the Department of Public Works. The words will be removed. Mrs. Cedrone, Lot 85, and Mrs. Flowerdew, Lot 202, stated that Beaches 5 and 6 are dangerous, due to boats crossing the swim floats. Wayne Fournier, Town Manager, stated that State law could be enforced regarding to violations. It was pointed out that the definition of “Scope” is missing from the current version; language to be re-inserted. Carl Hommel asked about the paragraph referring the owners placing swim floats off Town beaches; Wayne Fournier clarified a recent request, and stated that he will ask the BOS/EC to rule on Town liability regarding privately-owned swim floats off Town beaches. It was decided to keep the language regarding those swim floats, pending the BOS/EC decision. Mr. Cedrone queried as to whether a professional Harbor Master was consulted prior to the development of this ordinance; the answer was, “yes.”
Section 9 Carl Hommel, Lot 68, expressed the Marina Committee’s objection to paragraph B; everyone with a mooring should pay an annual usage fee; the ordinance should pertain to everyone using the Harbor Master. Steve Kaplan asked for clarification as to what advantage or use waterfront owners would receive from the Harbor Master. Joe Potts, Lot 1633, presented an alternate form of paragraph B, which stated that Islanders mooring off Town owned or leased property would pay a fee of $20 the first year, with fees thereafter to be determined by the BIT Executive Committee to cover, at minimum, the cost of a part-time Harbor Master. The issue of inspections and liability was discussed. Bruce Nisula, Lot 16, clarified his proposal for a required application and fee when disputes are to be considered between property owners by the Harbor Master: An application should be completed, and a fee (to be determined by the BOS/EC) would be completed prior to consideration by the Harbor Master; such fee would help off-set the cost incurred. Don Nolen asked if anyone had considered the need of purchasing a boat for the Harbor Master; a boat would increase the annual cost, and would have to be included in total expenses. It was later stated that the duties of the Harbor Master should be determined by the money available, in a simple, fair way – not determine the duties and then decide on the fees. Patricia Karpacz, Lot 1620A, reminded the attendees that currently, every service and activity – such as golf, marina -- on Frye Island pays for itself. John Nun, Lot 269, stated that the issue presents an enormous cost and added beauracracy to the Town. Ed Charrette, Lot 79, proposed that a usage fee of $10 per year for waterfront owners be combined with $20 per year for those mooring off Town-owned beaches for the first year.
Section 10 Carl Hommel pointed out conflicting language in sections B & D; section B was modified, and D was deleted. Mr. Cedrone asked whether there is a provision re the swing circle/mooring/size of boat if used by renters. Marge Hommel responded that the owner of the mooring is responsible for all liabilities as well as making the size of the boat and mooring known. A discussion on liability and mooring integrity resulted in Dick Purtell, Lot 39, recommending that the language to changed to “inspect or have inspected.” The language was changed.
Section 11 After discussion, paragraph 2 was changed to incorporate the use of “swing circle.”
Section 12 No changes.
Section 13 Carl Hommel asked that renters’ boats conform to the specifications on the mooring registration form, as well as display a Town-issued sticker. Language was included. Paul Peterson asked that “sub-lease” be changed to “lease.” Language was changed. Possible revenue to both Town and waterfront owners was discussed; eventually there will be more demand than supply, and a first-come-first-serve basis could cause a rush of demand on mooring locations. It was stated than an equitable use of Town resources be considered. John Nun stated that asking the Town to provide racks, etc for canoes and dinghies is excessive. The language was changed to read, “properly stored.” Section J was deleted.
Section 14 Language pertaining to change in ownership of property or watercraft was changed for purposes of clarification. It was clarified that a mooring is not an equity property and may not be sold separately from a waterfront property.
Section 15 Discussion revolved around the fines set for violations. Marge Hommel will consult with legal authorities concerning language involving the Harbor Master’s duties, title, and authority.
Ed Johnson asked that the attendees be polled in order to determine the degree of support of the Ordinance. The audience was split. Ed Johnson questioned how many complaints are actually received; Wayne Fournier stated that the office receives may complaints regarding moorings – off private waterfront property, and an excess of moorings in public areas. By law, currently only swimming areas and navigable waters are governed by State statutes.
The Board agreed to incorporate “drift” into the definition of “swing circle,” and “scope.”
Paul Peterson expressed his concern about the issue of jurisdiction. Carl Hommel will investigate the Harbor Master Act of 1954; Ed Johnson will consult with the Maine DEP Shoreland Zoning Unit. The Marine Law Institute of the University of Maine seems to be the best sources of information.
The Planning Board voted to develop another version of the Mooring Ordinance; it will be distributed to the Board no later than Saturday, September 3, and will be discussed at the next working meeting on September 10.
Paul Peterson moved that a Public Hearing be held subsequent to the working meeting of the Planning Board (and subject to Board approval of a final draft.) Ed Johnson seconded the motion. Motion carried. A tentative public hearing is scheduled for 8:00-9:00 a.m. on Saturday, September 17.
New Business: None
New Business for the September 10 meeting will include consideration and discussion of Paul White’s comments.
The meeting was adjourned at 12:15 p.m.
Carl Hommel Lot 68
Chris Gruner Lot 93
Geraldine Boyd Lot 1276
Robert Boyd Lot 162
Wayne Fournier Lot 1113
Joe Potts Lot 1633
Ellen Cedrone Lot 85
Ron Cedrone Lot 85
Anne Flowerdew Lot 202
Andrew Lapati Lot 50
John Masayda Lot 63
Bob Desfosses Lot 64
John Nun Lot 269
John Gass Lot 57
Brian Nisula Lot 3037
Bruce Nisula Lot 16
Francis Lichtenberger Lots 43-44
Ed Charrette Lot 79
Richard Purtell Lot 39
John Crosby Lot 27