Minutes of Planning Board Meeting and Public Hearings
September 17, 2005
Frye Island Community Center
The meeting was called to order by Chairman Marge Hommel at 8:01 a.m.
Members present: Marge Hommel, Don Nolen, Kathy Potts, Dave Treacy, + WHICH OTHERS?
1) Public Hearings –
Proposed Mooring Ordinance 11-x, v. 17b
Carl Hommel asked why the number 11-X? Joe Potts explained that the Ordinance numbers started with 11-, and we don't know the full number.
Jim O'Connor asked if the purpose is to take control out to 200', and if so it should be stated. Marge replied that the Town Charter sets the 200' limit.
Regarding Sec. 6, Carl asked why there is a definition of Scope, since the term is not used.
Regarding Sec. 7, Jim O'Connor said that mooring rights are not grandfathered, but no provision for removing an existing mooring improperly in front of a waterfront owner's lot. Dave said this comes under the Harbor Master's powers.
Oleg Svetlichny questioned if 3" letters are too big? Time McCarthy said stickers are a problem, and suggested that "stickers" be changed to "numbers."
Oleg questioned why swim floats are "moorings". Kathy Potts said this comes from the state statute.
Jim O'Connor asked why swim floats would be allowed in front of Town beaches, because of the liability issues. Oleg said if he were s Selectman he would be afraid of the liability. Jim the asked how this provision would be policed? Tim McCarthy said they never restricted use of the one at Beach 5 (an inflatable for kids to play on). We should not let liability possibilities block everything for kids.
Jim stated that the Beach Committee has proposed new swim areas. Is there anything regarding new Town Mooring areas?
Regarding Sec. 8A, Oleg asked why is there a $10 fee for registration? Tim McCarthy said some people want all fees set as part of an ordinance, so Sec. 8B is not acceptable.
Dave Bond asked why only inland owners have to pay a usage fee. The Marina Committee feels waterfront owners should have to pay their share.
Another speaker said waterfront owners pay large taxes and should not have to pay a usage fee additionally.
Harry Molloy said we should discuss Sec. 10 before fees. This was agreed.
Connie Desjardin asked how the Harbor Master decides which moorings are allowed? Harry asked where it is shown that there is a need for extra moorings off Town land?
Carl said the purpose of Town Mooring Lanes is to allow everyone to have a place to moor.
O'Connor said inland owners also pay taxes. How many cottage-less land owners may want a mooring? Joe Potts pointed out that language limits the number of moorings per person.
Regarding usage fees, Kerry Kells said he is opposed to usage fees. Everywhere else Harbor Masters are publicly funded. Carl said that Naples and Harrison charge usage fees, but Kerry said Harrison does not yet have fees. Tim McCarthy said the Marina Committee felt usage fees should be in the ordinance.
In answer to a question Carl said there are about 210 moorings around the island.
It was stated that $1,500 would not even pay for the Harbor Master's gas. Dana said the first year would require much time, and would be a disaster with only this funding.
Harry said that more language and specificity are needed.
Regarding Sec. 7B, Ed Charrette said that we should distinguish between boats under, and over, 20 feet.
Harry asked if there would be liability for injury involving a Town Mooring Lane? Jim O'Conner said the Town has insurance, and negligence must be proved. In Maine a swim float is considered an attractive nuisance.
Dana said Portland requires a certified diver to inspect each mooring. In response to the question, if there is a serious need for an ordinance, Dana said without it anyone can place a mooring in front of any lot. Tim McCarthy said there are instances at Beach 5 where moorings are too close, and Diane Nisula said boats have been observed to bump.
Joe Potts said the proposed ordinance requires mooring owners to inspect their moorings.
Oleg said waterfront owners already pay high taxes. He opposes a usage fee for them.
Tim McCarthy said over a period to time we will need a mooring ordinance, but we probably can wait. He asked to table this until all issues are resolved.
Jim O'Connor suggested that, before tabling we should change "place" to "maintain", and Oleg suggested that "sticker" be changed.
The Hearing was then closed, to allow Board consideration.
Don Nolen said this is not ready yet for Town action. There are too many differences.
It was moved by Dave Treacy, seconded by Marge Hommel, and agreed unanimously to table this proposal.
Jim O'Connor said that at the end of line 2, "which" should be changed to "that.'
Kate Nisula asked, if the septic is adequate, why not allow sleeping in an accessory building? Marge replied that setback requirements are different between accessory buildings and main buildings.
Brian Nisula said the ordinance should allow bedrooms in accessory buildings.
The Hearing was then closed. It was moved by Dave Treacy, seconded by Kathy Potts, and agreed unanimously to send the accessory building amendment to the Board of Selectmen, without unanimous recommendation, for their consideration.
At 9:59 a.m. the meeting was adjourned.
Joe Potts 1633
Carl Husselbee 149
Carl Hommel 68
Wayne Fournier 1113
Bruce Nisula 16
Dave Bond 297
Jim & Sylvia O'Connor 1054
John Schutz 1677
Kerry Kells 1757
Frank Limauro 74
Ed Charrette 79
Bill Stevens 1767
Jay Niles 1622
Oleg Svetlichny 13
Tim McCarthy 159
Bobbie & Steve Aranyi 271
Brian Nisula 3037
Harry Molloy 1623
Dana _ F.I. Police