Minutes of Town of Frye Island Planning Board Meeting

September 16, 2006

Frye Island Community Center



The meeting was called to order at 9:00 a.m. by Chairman Paul Peterson.



Present:          Marge Hommel, Ed Johnson, Kathy Potts, Paul Peterson

Absent:           Sam Donio, Steve Kaplan

Excused:         David Treacy



Minutes, Correspondence, and Communications from the Public


The Minutes of the September 9, 2006 meeting were approved as corrected to show the tentative Public Hearing on September 23, 2006.



Old Business:


Proposed Changes to Land Use Ordinances


The Board members discussed proposed changes received from Code Enforcement Officer Paul White, and Director of Public Works, John Crosby.


Road Opening:  The ordinance was requested from John Crosby in order to enforce a current Town Policy.  After discussion, the following wording was accepted by the Board members in attendance –

Road Opening 101-I-4-T: Any new or improved opening, excavation, repair, alteration, or driveway cut into the Roads and their corresponding right-of-way, owned or regulated by the Town.  Such openings must be approved by the Town or its designee(s).  See Section 101-11c for fines and penalties.


Substantial Start:  A clarification in the current definition was requested from Paul White.  After discussion, the following wording was accepted by the Board members in attendance –

Substantial Start: Completion of fifty percent (50%) or more of a permitted structure, measured as a percentage of the total cost to construct, within 12 calendar months of the issuance of the building permit.  The structure must be completed within 24 calendar months.  At the time of issuance of the building permit, a definition of 50% completion for the project will be determined and made a part of the Permit.


Building Permit Duration:  A change in the current administration and enforcement of Building Permits was requested by Paul White.  After discussion, the following wording was accepted by the Board members in attendance –

      Building Permits 101-I-11, D
3.  The building permit shall be valid for two (2) years from the date of issue.

a.   A substantial start must be completed within twelve (12) calendar months or the permit shall become null and void.

b.   If construction has not been completed and an Occupancy Permit obtained within twenty-four (24) calendar months, the permit shall become null and void.

c.   If construction has not been completed, and no Occupancy Permit obtained according to a and b above, a new permit shall be applied for and the current fee paid.

4.  All building permits heretofore issued shall be subject to the provisions of this ordinance.


Site Clearing:  A new ordinance was requested by Paul White.  After discussion, the following wording was accepted by the Board members in attendance –

S.   Tree removal   Section 101-I-4-S

On unimproved lots, removal of trees larger than 2" measured at 4 1/2 feet above ground level -- other than to remove hazards, establish a driveway not to exceed 30' in length, and/or to construct a path no more than 3' in width -- is prohibited. 

This does not prohibit tree removal in conjunction with a building permit.  See Section 101-11c for fines and penalties.


Public Hearing Scheduled – Kathy Potts moved that the new ordinances, in addition to changes proposed for current definitions and ordinances, be presented to the Town at a Public Hearing on Saturday, September 23, 2006 at 10:00 a.m. at the Community Center.  Ed Johnson seconded the motion;  the motion carried unanimously.



Review of Planning Board By-Laws


After a review and discussion of the By-Laws, it was agreed that Article 4.1.1, under Regular Meetings, be changed to read, “Meetings shall be held once a month from May through September.  Meetings shall be held at generally convenient and consistent times in the Community Center.  The  Chairperson may schedule special meetings on 24 hours notice to the members and the public.”    


After discussion, it was also agreed that Article 4.2.2, under Agendas, be changed to read, “Agendas shall be posted in the Town Office and communicated to the board members at least 7 days before the meeting, if possible.”  Section 4.4.3 is changed to read, “Agendas shall include not more than 1 new subdivision or site plan application, 1 in process subdivision/site plan application, and 5 other applications.”  (the final sentence in original version is deleted.)


After discussion, Article 4.3.1 was changed to correct  typographical errors, and wording is changed to read, “The Chairperson may, with the approval of the majority of the Board, call work sessions for the purpose of updating the Comprehensive Plan, subdivision regulations, zoning ordinances, Planning Board By-Laws, and other work items relating to the Board’s activities, providing the public is notified.  A quorum shall be present to conduct any business.”


After discussion, Article 4.3.2.  was changed to read, “Work sessions are open to the public.  The general public may address the Board at the discretion of the Board.”


After review and discussion, it was agreed that Article 5.1, Hearings, be changed to read, “The Board by majority vote at a regular or special meeting may schedule a public hearing on any ordinance, amended ordinance or site plan application within the time limits established by state law or local ordinance.”


Marge Hommel moved that the Board accept the changes to the By-Laws.  Ed Johnson seconded the motion, and the motion passed unanimously.


Paul Peterson will contact the Maine Municipal Association regarding the possibility and conditions of meeting via telephone during winter months.


New Business:  None



Future Meeting Dates:

            Saturday, September 23, 8:00 a.m. (Comprehensive Plan)

            Saturday, September 23, 10:00 a.m. (Public Hearing)



The meeting adjourned at 10:45 a.m.



Respectfully Submitted,


Kathy Potts