Town of Frye Island - Planning Board Public Hearing
Saturday, June  19, 1999, 8:30 am

     Location:  Community Center

     Present: Bob Hannah, Marge Hommel, Ed Johnson, Patty Meyer

     Visitors: Selectman Oleg Svetlichny, Lot 13 Leisure Ln, Ernie Wrzesinsky, Lot 285 Leisure Ln,
                   Selectman Jim Kuiken, Lot 323 Leisure Ln, Charles Monty, Lot 500 Leisure Lane,
                  
Selectman Joe Potts, Lot 1633 Ridge Road, Kathy Potts, Lot 1633 Ridge Road,
                  
Ken Dolloff, Lot 1222 Chestnut Circle,  Richard Norden, Lot 1959 Ridge Road
                  
Diane Babineau, Lot 1305 Ivy Circle,  Carl Hommel, Lot 68 Leisure Lane

The Vice Chairman, Ed Johnson, called the meeting to order at 8:40 am.  He announced that the purpose of the hearing was to get public feedback on proposed warrant articles.  He explained that one of the main reasons for making the roads public, in some form, is to limit the Town’s liability under Maine State Law.  He also explained the rules of the hearing, and that all comments and questions were to be addressed to the Chair.   Bob Hannah then explained the procedure necessary to make the roads public, and the different types of public roads and their implications.

Ernie Wrzesinsky stated that he was in favor of making the roads public, and thought that a public easement was the best option.

Charles Monty wanted to know how to reverse the process if Frye Island thought it necessary.  Joe Potts explained that there is no time limit, and that it would be the Town’s choice if they wanted to turn back an easement.

Charles Taylor thought that the Town needed rules about the use of the roads.  Charles Monte wanted to know about liability insurance and would it cost more if the roads were public.  Jim Kuiken stated that there is liability insurance carried by both FII and the Town, and this should be cheaper under the Maine Tort Law for public roads.

There was then discussion about the road width.  The width of the Frye Island owned roads is recorded.  The actual traveled way is less.  Kathy Potts suggested that the public easement would be for the width of the road that Frye Island Incorporated owned.  Charles Monte wanted to specify the easement width, not the road width.  Ernie Wrzesinsky said that he thought the width should be as detailed in the documents in Leisure Living’s subdivision plan.

Diane Babineau asked about insurance costs on golf carts and other non-registered vehicles. 

Carl Hommel asked about the Ferry Road.  It was pointed out that this is not included since this road is in the Town of Raymond.

Oleg Svetlichny then discussed the time frame: first the public hearing, then pass the warrant article, then the Town can pass ordinances about the road usage which can be enforced.

Bob Hannah then pointed out that he thought that the Warrant Article was not complete, and that the words “as public easements” needed to be added to the end of the Article.  He thought that we might need an additional public hearing if we make this change.  Ed Johnson thought that this was not necessary since the announcement of the Public Hearing did not include the exact wording of the article.  Since it is our own Article, he thought we could change it now.  Marge Hommel MOVED, and Patty Meyer SECONDED that the wording be changed to:

The Town of Frye Island accepts and easement interest in all Frye Island Roads that are owned by Frye Island Incorporated and designated on the Official Enhanced 911 Map as public easements. 

The vote was unanimous. 

Bob Hannah agreed to meet with the Town Manager and seek a legal opinion on whether this is not a substantive change and so does not require an additional hearing.

Ed Johnson then asked if there was anyone there from the Board of Appeals to explain the other two warrant articles.  There was not.  He asked if there were any questions from the floor.  There were not. The Board VOTED to make no recommendation, and to move them forward as Articles.

The hearing was adjourned at 9:45 am.

Marge Hommel, Secy