TOWN MEETING
TOWN OF FRYE ISLAND
October 7, 2000

Conrad Theberge Town Clerk called Town Meeting October 7, 2000 to order at 9:41AM. 

Article 1.  To vote by written ballot to choose a moderator to preside at said meeting. 

Town Clerk accepted nominations from the floor.  Ernest Wrzesinsky nominated Andrew Broaddus.  John Crosby second the nomination.  Robert Fogg moved to close nominations.  Ernest Wrzesinsky second this motion.  Motion passed

27 ballots were cast – 23 voted in favor of Andrew Broaddus and 4 blank ballots

Andrew Broaddus was sworn in at 9:50AM. 

Motion By Ernest Wrzesinsky to restrict comments per article to three minutes.  James Kuiken second this motion.  Motion passed

At 10:00 AM Joseph Potts made a motion to recess this town meeting.  Kathy Potts second this motion.  Motion passed

Town reconvened at 12:37PM.

Article 2.  To vote by secret ballot to approve the following resolution:

            Be it resolved by the residents of the Town of Frye Island, Maine that a petition for withdrawal be filed with the directors of the School Administrative District No.6 and with the Commissioner of the State of Maine Department of Education and that the withdrawal committee be appointed to expend up to $1000.00 for this purpose.

Total of 41 ballots were cast.  41 ballots in favor and 0 opposed.  Resolution passed

Article 3.  To vote to change Town Ordinance Chapter 105 (ordinance Prohibiting Unsafe Use of Golf Carts in the Town of Frye Island, Maine, Providing Penalties for Violation thereof), paragraph 105-4, sub-paragraph F as follows.

F.      Use of a gold cart by a driver without a valid motor vehicle driving license unless the driver is fifteen years of age or older and:

  1. Has successfully completed a golf cart safety course approved by the Town, or an ATV safety course approved by the State of Maine, or,
  2. There is a person with a valid motor vehicle driving license seated next to the driver.

Joseph Potts made a motion to accept article 3 as written.  Ernest Wrzesinsky second the motion.  Motion passed

Article 4.  To vote to approve the following resolution concerning 12-14 year old drivers of golf carts on Frye Island:

Whereas all the roads in Frye Island are dirt roads and whereas the maximum speed limit on Frye Island is 25 MPH and where as the operation of golf carts by individuals under the age of 15 has been a part of the culture of Frye Island for many years, the Town of Frye Island actively pursue a change in the State law to allow the operation of a golf cart on Frye Island by individuals 12 and 13 years of age when accompanied by a licensed driver and 14 and 15 years of age after successfully completed a golf cart safety course administered by the Town.

Joseph Potts made the motion to accept this article.  Ernest Wrzesinsky second this motion.  This article failed.

Article 5.  To vote to see if the Town will approve the recommended year 2001 budget appropriations of $1,375,875.00, a tax commitment of $1,018,023, and a mil rate of $32.50 per thousand.

Joseph Potts made the motion to accept this article.  Kathy Potts second this motion.  This article passed

Article 6.  To vote to see if the voters will approve a 10.75% interest rate to be charged on late taxes for fiscal year 2001, starting January 1, 2001, where the tax commitment date is November 1, 2000 and the tax due dates are January 1, 2001 and July 1, 2001.

Joseph Potts made the motion to accept this article.  David Treacy second this motion.  Motion for Article 6 Passed.

Article 7.  To vote to add the following text as a new Town of Frye Island Ordinance covering Solid Waste Rules and Regulations.

Solid waste rules and regulations
of the Town of Frye Island

            Authority:  The rules and Regulations are adopted, and may be amended, by the Municipal Officers of the Town of Frye Island.

            Use of the facility:  the use of the Frye Island Landfill Facility by any person shall be of the direction of the attendant in charge.  No person using the Facility shall violate any directive put forth by any attendant.  If any person refuses to obey a directive of the attendant, the attendant shall have the authority to immediately refuse that person access to the Facility.  The attendant(s) may examine any material brought to the Facility to insure the Rules and Regulations are complied with.  The attendants(s) my refuse to accept any solid waste that is hazardous or that is not separated in accordance with these Rules and Regulations.  Police enforcement shall be maintained.  Violators may be prosecuted.  Wastes will be deposited in areas as designated by signs on site, or by the attendant.

            Hours of operation (to be set by Town Manager):

1)      The Facility will be open as follows:

2)      Commercial / Industrial haulers:

3)      Legal Holidays:

            FEES (to be set by Board of Selectmen):

            COMPLIANCE:  The Frye Island Landfill Facility attendant(s) may examine any material brought to the Landfill / Recycling site to insure that the rules and regulations are complied with.  The attendant may refuse to accept any solid waste that is hazardous or that is not separated in accordance to the rules and regulations as set out in this ordinance.

            PERMITS:  THE FRYE ISLAND RECYCLING AND LANDFILL FACILITY IS OPERATED FOR THE BENEFIT OF THE FRYE ISLAND RESIDENTS AND TAXPAYERS.  ADMISSION TO THE FACILITY WILL BE BY PERMIT ONLY.  Only waste collected within the Town of Frye Island will be deposited at the Frye Island Recycling and Landfill Facility. 

Residents and Taxpayers will be issued permits without charge upon application to the Municipal Office.  Residents and taxpayers must display a permit to gain access to the Frye Island Recycling and Landfill Facility.  Resident and non-resident commercial haulers must obtain a license for each vehicle.  Licenses may be revoked by the Town for violations of this ordinance.  Licenses shall be renewed annually, on or before January First, and shall cost $25.00.

            Commodity specifications:

THE FRYE ISLAND SOLID WASTE RECYCLING CENTER WILL ACCEPT THE FOLLOWING MATERIALS FOR RECYCLING OR SEPARATION:

Recycle                                                FOR SEPARATION

1.  Corrugated Cardboard                   8.  Yard & Leaf & Raw Vegetable Waste
2.  Newsprint                                       9.  Furniture & Mattresses
3. HDPE Plastics                                10. Wood
4.  Tin & Steel Cans                            11. Inert Fill
5.  Glass (clear, green, brown)            12. White Goods
6. Aluminum                                         13. Steel, Aluminum, Copper, & Brass
7.  High Grade Paper                           14. Waste Oil
                       
                                    15.  Demolition Debris
                       
                                    16.  Ash
                                                            17.    Batteries- (Household & Automotive)
                                                            18.    Paint Cans

1)  CARDBOARD BOXES:

            Cardboard boxes should be flattened.
           
Only clean dry corrugated cardboard is acceptable.

            No light foreign cardboard, ex:  shoe boxes, beverage six pack containers, and cereal boxes.

           
Staples and tape should be removed.
           
Brown paper bags may be included.
           
No waxed or plastic coated cardboard.
           
No food containers, ex:  pizza boxes, berry boxes.

2)  NEWSPAPERS:

Only clean dry newspapers are acceptable.
Newspapers should be loose, not tied in bundles.
Newspapers are acceptable with inserts just as you buy them.
Magazines and Catalogs are not acceptable.

3)  HDPE PLASTIC:

Only HDPE plastics is acceptable.

HDPE plastic is plastic with a @2 inside a recycling symbol on the bottom of the container.  EX: milk jugs, laundry detergent, windshield washer fluid, oil, antifreeze, and water containers.

All containers should be rinsed clean.
All tops should be removed.
All containers should be flattened.
All oil containers should be kept separate.
Non-colored and colored containers shall be kept separated

4) TIN CANS:

      Only clean tin cans are acceptable.
    
Cans shall have labels removed.
    
Cans shall have the ends removed and be flattened.
   
 (Some cans cannot be flattened or have the bottoms removed easily, these cans are     acceptable).

5)  GLASS:

Glass must be separated by color: clear, green, and brown.

Only clean glass containers are acceptable.
Metal lids must be removed.
Labels may be left on.
Window glass, safety glass, or drinking glasses are not acceptable.
Ceramic glass is not acceptable.

6)  ALUMINUM:

     Only clean aluminum will be accepted.
    
Aluminum foil, Pie plates, Lawn Furniture, Etc. is acceptable.
    
Aluminum beverage cans are acceptable, but should be kept separate.

7)  HIGH GRADE PAPER:

     High-grade paper is any of three different kinds of office paper.
    
Computer paper—green bar, very white and shiny
    
White bond—any white sheet paper:  copy paper, register tapes, envelopes (no                                                             windows), laser printed computer paper, or bond printouts.

     OFFICE WASTE:

     A combination of the above, plus colored ledger, file contents or any good quality white paper.

     Ground wood computer paper should not be mixed with any other paper.  Easily recognizable by dull finish (almost yellow) and when held to the light the fibers are visible.

     THE FOLLOWING PAPERS ARE NOT ACCEPTABLE:

            Envelopes with plastic windows
           
Carbon copy paper
           
Post it notes and coated paper

8)  YARD & LEAF WASTE & VEGETABLE WASTE:

     Shall be composed of organic materials that will readily compost.

9)  FURNITURE AND MATTRESSES:

     May be stripped into component parts including upholstery and padding, framing and springs.

10)  WOOD:

     Clean lumber, brush and trees are acceptable.
    
Pressure treated or creosoted wood and lumber is unacceptable.
    
Stumps are not acceptable.

11) INERT FILL:

Includes clean, cured cinder blocks, concrete, bricks, stone and similar substances which do not leach or degrade.

12) WHITE GOODS:

     Freezer, refrigerators shall have doors removed and be placed on the white goods pile.

13) STEEL, ALUMINUM, COPPER, BRASS:

     These items shall be separated by material type.

14) DEMOLITION DEBRIS:

     Will be treated as waste except that it will have any item listed in the ordinance removed from the debris and put in it’s designation location, such as wood, copper, brass, steel, etc.

15) ASH:

All wood or coal ash or any kind of hot or cold ashes shall be placed in the area designated for ash, and shall not be put with household waste.

16) PAINT CANS:

     To be disposed of in designated location or designated barrels.

 

ARTICLE 8.  To vote to add the following text as a new Town of Frye Island Ordinance covering Tax Acquired Property:

TAX ACQUIRED PROPERTY

Title
Purpose
Definitions
Management and Administration
Disposition of Tax-Acquired property
Applicability

TITLE

This chapter shall be known as and may be cited as the “policy for Tax-Acquired Property for the Town of Frye Island, Maine” and shall be referred to herein as “this chapter.”

PURPOSE

            The purpose of this chapter is to establish a policy procedure whereby real estate property acquired in accordance with M.R.S.A. paragraph 942 and 943, as amended, shall be managed, administered and disposed of by the Town of Frye Island.  This is a policy and not an ordinance.

DEFINITIONS

For the purpose of this chapter, the following definitions shall be observed in the construction of this chapter.

FORECLOSED TAX LIEN—a tax lien mortgage that has automatically foreclosed pursuant to 36 M.R.S.A. paragraph 942 and 943.

JUST VALUE FOR THE CURRENT YEAR TAXES NOT ASSESSED—The amount of taxes that would have been assessed to the property had it not been owned by the municipality on April 1 of the year in which it is sold by the municipality.  (Note: the purpose of this definition is to recover for the municipality those taxes which would have been assessed to the municipality if it had been privately owned on April 1 in the year which it is sold.  These taxes would be lost under current law if the municipality sells tax-acquired property after April 1.)

LAND OR LANDS—That portion of the physical surface of the earth either natural or modified by man to a permanent or semi-permanent she and all natural or man-made resources therein and thereon.  For the purpose of this, “land” shall be commonly referred to as “real estate property.”  As cited below.

MAIL—Regular, first class mail posted at any United States Post Office, postage prepaid.

MANUFACTURED REAL ESTATE PROPERTY—Any structure, building or dwelling, the same being constructed or fabricated elsewhere and transported, in whole or in part, to and placed, set or installed permanently or temporarily upon land within the municipality.  For the purpose of this chapter, “manufactured real estate property” shall be commonly referred to as “real estate property”, as cited below.

MUNICIPALITY—The Town of Frye Island, Maine

MUNICIPAL OFFICERS—The Board of Selectmen of the Town of Frye Island, Maine

PRIOR OWNER—The person or persons, entity or entities, heirs or assigns to whom the property was most recently assessed for municipal taxes.

QUITCLAIM DEED—A signed, legal instrument releasing the municipality’s right, title or interest in real estate property, acquired by virtue of foreclosed tax liens, to an individual or individuals, entity or entities, without providing a guaranty or warranty of title to the same.

REAL ESTATE PROPERTY—All land or lands and all structures, buildings, dwellings, tenements and hereditaments, including manufactured real estate property, located or relocated upon any land or lands connected therewith and all rights thereto and interests therein.

TAX ACQUIRED PROPERTY—That real estate property tax acquired by the municipality by virtue of a foreclosed tax lien as cited above.

TAX LIEN—The statutory lien created by 36 M.R.S.A. paragraph 552.

Management and administration

Following statutory foreclosure of a tax lien mortgage, title to the real estate property automatically passes to the municipality. The management of this property rests exclusively with the municipal officers, subject to the provisions of state statues and local municipal ordinances and regulations. The Treasurer shall annually provide the municipal officers with an inventory of all tax-acquired property within fourteen (14) days of the date of foreclosure of tax liens. The inventory shall include all tax-acquired property from prior years in which the municipality continues to retain an interest, as well as all other real estate owned by the municipal even though not tax acquired. The purpose of the inventory is to advise the municipality officers of that real estate in which the municipality has an interest.

The municipal officers shall obtain fire loss insurance for tax-acquired property in a dollar value not less than all outstanding taxes, liens, costs and other attendant expenses.

The municipal officers shall determine when and if any occupants of tax acquired property shall vacate the same.

The municipal officers shall determine whether a tax-acquired property is to be retained for municipal use or disposed of in accordance with provisions of this chapter. The municipal officers shall determine which lots, if any shall be appraised prior to sale.

The municipal officers may pursue an auction for equitable relief in accordance with the provisions of 36 M.R.S.A. § 946, as amended, as a means of securing a clear title to any tax-acquired property, whether it is to be sold or retained.

The municipal officers may change a monthly rental fee to any and all occupants of tax-acquired property. Should a rental fee be charged, the municipal officers shall obtain general liability insurance coverage for the rented tax-acquired property.

The municipal officers shall, in the event that the property is vacated for sixty (60) consecutive days, obtain general liability insurance coverage for the tax-acquired property.

Disposition of tax-acquired property

Should the municipal officers determine that title to tax acquired property be relinquished rather than retained by the municipality, the following shall be observed:

            For a thirty-day period following the date of foreclosure, the Treasurer may accept payment from the prior owner for all past due taxes, accrued interest and costs associated with the tax lien foreclosure process if offered by the prior owner. Following the acceptance of payment, the municipality shall deliver a municipal quitclaim deed to the prior owner releasing the municipality’s interest in the property.

            The municipal officers shall solicit public bids for the sale of the tax-acquired property and shall receive, open and read aloud submitted bids

            The municipal officers shall send notice of the impending sale, via mail only, to any and all prior owners of said property. Such notification shall be made at least forty-five (45) days prior to the scheduled sale. Said prior owner may redeem the property within the 30 days immediately following notification, with full payment of all outstanding taxes. Including a just value for the current year not assessed, liens, interest and all costs, including but not limited to notice and insurance costs.

            The municipal officers shall cause a public notice of an impending public sale of tax-acquired property to be posted within the Town Office and to be advertised for two (2) successive weeks in those newspapers generally used by the town for legal advertisements. The last notice shall be published at least seven (7) days prior to the advertised sale date.

            The municipal officers require the following for proper submission:

            A bid sheet containing a full description of the property being bid upon, and the bid price in United State currency.

            A certified cashier’s check or postal money order, in an amount not less than ten percent (10%) of the bid price, to be included as a deposit on the bid. Failure to submit a deposit shall cause the bid to be automatically rejected.

            The municipal officers shall require that those bid terms cited in Subsection E (1) and (2) be sealed in a single plain envelope marked only “Tax-Acquired Property Bid” on the exterior and either be hand delivered to the municipality or, if mailed, enclosed within a second envelope addressed; Town Manager, Town of Frye Island 1 Sunset Road, Frye Island, Maine 04071. All bids must be received by the municipality no later than 10:00 am daylight saving time on the date that bids shall be opened and read.

            The municipal officers generally will not accept any bid for a dollar amount less than the total outstanding taxes, including a just value for current year taxes not assessed, liens, interest and all costs, including but not limited to public notice fees and insurance costs.

            The municipal officers shall retain the right to accept or reject any and all bids submitted and shall cause the same disclaimer to be noted in any public notice soliciting bids in accordance with this chapter. Should the municipal officers reject all bids, the property may be offered again for public sale without notice to any prior owner or owners and without first having offered it to any prior owner

            The municipal officers shall notify, via mail, any successful bidder.

The municipal officers shall, as a credit to payment, retain the submitted old price deposit of any successful bidder and shall return all other submitted deposits within ten (10) days of the bid opening.

            The municipal officers shall require payment in full from any successful bidder within thirty (30) calendar days following the date when bids are opened and read (see Subsection L for exception). Should the bidder fail to pay the full balance, the municipality shall retain the bid price deposit and title to the property.

            The municipal officers may, subject to a show of good faith on the part of the bidder, extend the time limit a one-time-only additional twenty (20) days in which full payment must be received.

            The municipal officers shall issue only a quitclaim deed to convey title to tax acquired property.

            The successful bidder shall be responsible for the removal of any and all occupants of purchased tax-acquired property and shall, in writing, forever indemnify and save harmless the municipality from any and all claims arising out of the sale of the tax-acquired property brought by the occupants of the occupants of the purchased property their heirs or assigns.

Applicability

This is a policy and not an ordinance, which is intended as a guideline with regard to tax-acquired property. The municipal officers may vote to take action different from the guidelines set forth in this chapter if in their judgment it is in the best interest of the Town of Frye Island.

In those cases where the municipality has taken possession of the real estate, and personal property of someone other than the municipality remains on the real estate, the municipality shall comply with Maine law with respect to the disposition of abandoned personal property. In those cases where the municipality has not taken possession of the real estate, the successful bidder shall be responsible for complying with Maine law with respect to the disposition of abandoned personal property and shall indemnify and hold harmless the municipality from any and all claims, which may be made against the municipality with respect to such personal property.

Bid may not be withdrawn at any time after submission.

ARTICLE 9.  To vote to add the following definition to ARTICLE 11 (DEFINITIONS), Section 101-3 of the Town of Frye Island Land Use Ordinance.

SHED—A small accessory building, 144 square feet or less in area, which is used primarily for storage.

Joseph Potts made a motion to accept articles seven, eight and nine.  James Kuiken second the motion.  Motion passed.

ARTICLE 10.  To vote to change the following definition in ARTICLE 11 (definition), Section 101-3 of the Town of Frye Island Land Use Ordinance.

ABUTTER—The owner of a property sharing a common boundary with another property or within 150 feet of a given piece of property whether or not these properties are separated by a public or private way.  Owners shall be considered to be parties listed by the Tax Assessor of Frye Island and the ones against whom taxes are assessed.

Joseph Potts made the motion to accept article 10.  James Kuiken second this motion.  Vote was taken and 8 yes for the article and 14 no’s.  Motion was defeated.

ARTICLE 11.  To vote to change the following definition in Article 11 (definition), Section 101-3 of the Town of Frye Island Land Use Ordinance.

LOT,CORNER—A lot with a least two (2) contiguous sides meeting at an included angle less than 135 degrees and each abutting upon at least one street or public easement road which is part of the public easement granted by Frye Island, Inc. in 1999 and accepted by the Town, and which is not primarily an access to a beach.

ARTICLE12.  To vote to change Article 111, Section 101-6, R-Residential Districts B—D Permitted Uses of the Town of Frye Island Land Use Ordinance, as follows:

B.      Permitted uses, not requiring site plan review, shall be as follows.  Such uses shall require approval from the Code Enforcement Officer, only.  (Uses noted by a “55” are allowed with out a CEO permit.  Uses noted by a “56” require CEO notification.  Uses noted by a “60”require a shoreland permit when located in the shoreland zone-see Sz uses table)

Accessory Uses and buildings
Agriculture. “55”
Forestry Management “55”
Modular Homes “60”
Single-family dwellings “60”

C.      Permitted uses requiring site plan review shall be as follows.  Such uses shall require Planning Board approval, in accordance with Part 2 of this Chapter. (Uses noted by a “50” are allowed only on a “conforming lot” (see definition).  Uses noted by a “51” are not allowed in cluster subdivisions.  Uses noted by a “52” are not allowed when located in the shoreland zone).

Adult Day Care “50”,”51”,”60”
Churches “60”
Day Care Home “50”, “51”, “60
Family Apartments
Home Care Services

Home Occupations Level 1 “60”
Home Retail Sales “50”, “51”, “60”
Municipal Uses

D.      Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in this Part 1.  Such uses shall also require site plan review and approval from the Planning Board approval. (Uses noted by a “50” are allowed only on a “conforming lot” (see definition).  Uses noted by a “51” are not allowed in cluster subdivisions.  Uses noted by a “52” are not allowed when located in the shoreland zone).

Home Occupations Level 2 “50”, “51”, “60”

ARTICLE 13.  To vote to change Article 111, Section 101-6, R-Residential Districts E  Minimum Lot Size of the Town of Frye Island Land Use Ordinance, as follows:

     Minimum lost size (minimum are per family) shall be as follows:

Area: Forty thousand (40,000) square feet and twenty thousand (20,000) square feet with public water
Frontage: one hundred (100) feet
Lot width: one hundred (100) feet

ARTICLE 14.  To vote to change Article 111, Section 101-6, R-Residential Districts F Setbacks of the town of Frye Island Land Use Ordinance, as follows:

            Minimum dimensions for lots shall be as follows:

      28.   Front building setback:  fifty (50) feet.
29.  
Side building setback:  fifteen (15) feet.
30.  
Rear, building setback:  fifteen (15) feet.

ARTICLE 15.  To vote to change Article 111, Section 101-6, R-Residential Districts G Accessory building setbacks of the Town of Frye Island Land Use Ordinance, as follows:

G.     Accessory buildings must meet the following setback requirements:

Front building setback: thirty (30) feet.
Side building setback: fifteen (15) feet.
Rear, building setback: fifteen (15) feet.

ARTICLE 16.  To vote to change Article 111, Section 101-6, R-Residential Districts H Shed Setbacks of the Town of Frye Island Land Use Ordinance, as follows:

H.      Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:

Front building setbacks:  Thirty (30) feet.
Side building setback:  ten (10) feet.
Rear building setback: ten (10) feet.

ARTICLE 17.  To vote to change Article 111, Section 101-9, R-Water Oriented Commercial Districts:  Permitted uses of the Town of Frye Island Land Use Ordinance. As follows:

            These areas are to provide for retail sales and services and to serve water recreation users of uses otherwise compatible with marina and other water-oriented commercial activities.  Approval will be required under the Site Plan Review Ordinance.

            Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code enforcement Officer.

            Family Apartments
           
Home Care Services “55”
           
Home Occupations Lever 1 “60”

            Permitted uses, not requiring site plan review, shall be as follows, such uses shall require approval from the Code Enforcement Officer, only.  (Uses noted by a “55” are allowed with out a CEO permit. Uses noted by a “56” require CEO notification.  Uses noted by a “60” require a shoreland permit when located in the shoreland zone--  see SZ uses table)

            Single-family houses “60”
           
Accessory uses and buildings “60”

            Permitted uses requiring site plan review shall be as follows.  Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.  (Uses noted by a “50” are allowed on a “conforming lot” (see definition).  Uses noted by a “51” are not allowed in cluster subdivisions, Uses noted by a “52” are not allowed when located in the shoreland zone).

            Adult Day Care “60”
           
Bed and Breakfast “60”
           
Commercial recreation”60”
            Day Care Homes “60”
            Municipal Uses
            Restaurants “60”
            Retail Businesses “60”

Uses listed below shall first require approval from the Board of appeals as a Special Exception, in accordance with standards set forth in this Part 1.  Such uses shall also require site plan review and approval from the Planning Board.  (Uses noted by a “50” are allowed only on a “conforming lot” (see definition).  Uses noted by a “51” are not allowed in cluster subdivisions.  Uses noted by a “52” are not allowed when located in the shoreland zone).

            Campgrounds “60”
           
Day-care center “60”
           
Public Utilities
           
Research facilities “60”

            Transmission towers may be located in the Water-Oriented Commercial Districts, subject to the restrictions set forth in Article Vl  A, Regulations Concerning Transmission Towers, Part 1, Zoning.

Joseph Potts made a motion to accept articles eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen.  James Kuiken second the motion.  Motion passed.

ARTICLE 18.  To vote to change Article 111, Section 101-9, R-Water Oriented Commercial Districts:  Minimum Lot Size of the Town of Frye Island Land Use Ordinance, as follows:

Minimum lot size (minimum area per family) shall be as follows:

Area forty thousand (40,000) square feet without public water, thirty thousand (30,000) square feet with water.

            Frontage: one hundred (100) feet.
           
Lot width: one hundred (100) feet.

Joseph Potts made a motion to accept article 18.  James Kuiken second the motion.  Voting results for this article were 9 in favor and 15 opposed.  Motion failed.

ARTICLE 19.  To vote to change article 111, Section 101-9, R-Water Oriented Commercial Districts:  Setbacks of the Town of Frye Island Land Use Ordinance, as follows:

            Minimum dimensions for lots shall be as follows:

            Front building setback: fifty (50) feet.
           
Side building setback:  fifteen (15) feet.
           
Rear building setback:  fifteen (15) feet.

ARTICLE 20.  To vote to change Article 111, Section 101-9, R-Water Oriented Commercial Districts:  Accessory Building Setbacks of the Town of Frye Island Land Use Ordinance, as follows:

            Accessory buildings must meet the following setback requirements:

            Front building setback:  Thirty (30) feet.
           
Side building setback:  ten (10) feet.
           
Rear building setback:  ten (10) feet.

Article 21.  To vote to change Article 111, Section 101-9, R-Water Oriented Commercial Districts:  Shed Setbacks of the Town of Frye Island Land Use Ordinance, as follows:

Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:

Front building setback:  thirty (30) feet.
Side building setback:  ten (10) feet.
Rear building setback:  ten (10) feet.

 

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

ARTICLE 22.  To vote to change Article 111, Section 101-14, lots of the Town of Frye Island Land Use Ordinance, as follows:

            Corner lots—Where a corner lot has more than one contiguous side abutting a street or public easement road as described in the definition of Lot, Corner, and each of the sides abutting a street or public easement road has approximately the same length (that is, the shortest of said sides abutting a street or public easement road has a length at least 95% the length of the longest of said sides abutting a street or public easement road), the lot shall provide the required front setback along every street or public easement road.  Where one of the sides abutting upon a street or public easement road is shorter the other sides(s) abutting upon a street or public easement road, for the purposes of this section the shorter side shall be deemed the front regardless of the direction in which any buildings may face, and the front building setback shall be as specified for that size lot.  Where the width of the lot as viewed from said shorter side is less than 100 feet, the building setback from streets or public easement roads other than the front shall be thirty (30) feet.  Where the width of the lot is between 100 and 120 feet, the building setback from streets or public easement roads other than the front shall be forty (40) feet.  Where the width of the lot is a least 120 feet, the building setback from streets or public easement roads other than the front shall be as specified for front building setback for that size lot.

            Where an owner of a corner lot believes that the 30 or 40 foot setback requirement will render appropriate use of the property for a single-family dwelling difficult, upon proof of notification to all abutters such owner my request a Special Exception, but such Special Exception shall require approval only by the Zoning Board of Appeals.

Joseph Potts made the motion to accept articles nineteen, twenty, twenty-one, and twenty-two.  Ernest Wryesinsky second this motion.  Voting results for these articles were fourteen (14) in favor and five (5) opposed.  Motion passed.

ARTICLE 23.  To vote to add Article 111, Section 101-11, RC-Recreational Districts to the Town of Frye Island Land Use Ordinance  (currently an unused section with number reserved), as follows:

            RC-Recreational Districts.

            These areas are currently used for non-commercial recreational purposes and it is anticipated they will remain recreational.

A.      Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer.

B.      Permitted uses not requiring site plan review shall be as follows.  Such uses shall require approval from the Code Enforcement Officer, only.

                                                                           i.      Swimming

                                                                         ii.      Small boat launching, for example, kayaks, canoes small sailboats such as Sunfish.

                                                                        iii.      Picnicking

                                                                        iv.      Family games such as badminton, horseshoes, etc.

C.      Permitted uses requiring site plan review shall be as follows.  Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.  (Uses noted by a “50” are allowed only on a conforming lot (see definition).  Uses noted by a “60” require a shoreland permit when located in a shoreland zone—see SZ uses table).

                                                                                                               i.      Tennis Courts.

                                                                                                             ii.      Recreational fields, for example, softball or hardball fields, soccer, volleyball, etc. “50,60”

                                                                                                            iii.      Archery range.

                                                                                                            iv.      Day camp for children “50”

                                                                                                              v.      Accessory uses and buildings “50,60”

                                                                                                            vi.      Sheds “50,60”

                                                                                                           vii.      Manufactured buildings “50,60”

                                                                                                         viii.      Playgrounds for children “50,60”

                                                                                                           ix.      Hiking and nature trails.

D.            Minimum lot size.

                                                                           i.      20,000 square feet for permitted uses not requiring site plan review.

                                                                         ii.      40,000 square feet for permitted uses requiring site plan review.

E.            Minimum setback dimensions for lots 40,000 square feet or more shall be as follows.

                                                                           i.      Front 50 feet.

                                                                         ii.      Side 40 feet.

                                                                        iii.      Rear 40 feet.

F.            Minimum setback dimensions for lots less than 40,000 square feet shall be as follows

                                                                           i.      Front 50 feet

                                                                         ii.      Side 20 feet

                                                                        iii.      Rear 20 feet

Joseph Potts made a motion to accept with recommended changes by the Board of Island Trustees “E and F inserting set back between minimum and dimensions” Article 23.  James Kuiken second the motion.  Motion passed.

ARTICLE 24.  To vote to change Article xii A- Septic Systems Over Two Thousand Gallons per Day of the Town of Frye Island Land Use Ordinance, as follows:

            Paragraph 101-73.1 Purpose.

A.      The current State Plumbing Code does not provide for adequate protection of all types of wetlands, such as wooded wetlands, the Town of Frye Island finds that further protection of the natural environment from large-scale septic systems is necessary.

B.      Therefore, this Article is enacted to establish regulations to control the location, design, construction and monitoring of septic systems over two thousand (2,000) gallons per day capacity in Frye Island.

Paragraph 101-73.2.  Review process.

A.      After the effective date of this Article, all new septic systems of two thousand (2,000) to four thousand nine hundred ninety-nine (4,999) gallons per day capacity shall be engineered and shall be subject to site plan review by the Planning Board pursuant to Part2 of this chapter.  The Planning Board shall require an independent peer review, the cost of which shall be borne by the applicant.  Where the Planning Board finds that such a peer review is insufficient, the Planning Board, at its discretion, may require a more comprehensive and independent engineering review, in lieu of a peer review, the cost of which shall be borne by the applicant.

B.      After the effective date of this Article, all new septic systems over five thousand (5,000) gallons per day capacity shall be engineered systems and shall be subject to site plan review by the Planning Board under Part2 of this chapter; for all such systems, an independent engineering review shall be required, and the cost of the same shall be borne by the applicant.

Paragraph 101-73.3 <Monitoring

A.      In addition to any other requirements imposed as a part of the site plan review process, the Planning Board shall require post-construction monitoring as a condition of approval of all systems over two thousand (2,000) gallons per day capacity.  The level of monitoring shall be based upon proximity to existing residential developments, wells for drinking water, aquifers, wetlands (including but not limited to wooded wetlands), lakes, ponds, rivers and other water bodies.

B.      The type, frequency and duration of such monitoring, as well as the identity of the person or firm performing such monitoring, shall be decided by the Planning Board in consultation with the applicant.  The cost of such consultation shall be borne by the applicant.

 

Paragraph 101-73.4. Insurance, effective date.

A.      As part of the site plan review process, the Planning Board shall require the applicant to obtain liability insurance to remain in full force and effect during the useful life of the septic system.  For the purposes of determining the amount of liability insurance, the Planning Board shall request a construction cost estimate from the Portland Water District of qualified consultant to provide water to any home within one-fourth-mile radius of the proposed septic system.  The amount of the insurance policy shall be for no less an amount than that estimate provided by the Water District or consultant, plus ten percent (10%).  The Town of Frye Island shall also be named as an additional named insured on such insurance policy.

B.      Effective date.  Based upon environmental threat posed by any such large capacity septic system, and notwithstanding any other provision of law to the contrary, this Article shall apply to any application for a septic system of two thousand (2,000) gallons per day or greater capacity submitted on or after July 1, 1998.

ARTICLE 25.  To vote to rezone lots 2000-2006 and 2008-2029 from Water Oriented Commercial to Residential (lot 2007 is already Residential).

ARTICLE 26.  To vote to change Town of Frye Island Firearms Ordinance, as follows:

ARTICLE 1

            An ordinance to Prohibit the Use of Weapons within the Town of Frye Island

            Paragraph 103-1.  Title.

This ordinance shall be known as and may be cited as the “Ordinance to Prohibit the Use of Weapons”

            Paragraph 103-2.  Purpose

The purpose of this Ordinance is to protect the health, safety and well being of the citizens of Frye Island by regulating the use of weapons with the Town.

            Paragraph 103-3.  Prohibition of the Use of Weapons.

A.      No person shall shoot with or use a bow and arrow, bbgun, air gun of any kind, gas pellet gun of any kind, slingshot, a firearm of any kind or description or any such weapon within the Town except in the performance of official duties, at the authorized ranges, or in self-defense.

B.      Not withstanding the above, the Town Clerk may issue special permits for:

                                                                           i.      Hunting to cull the deer herd or other animals when approved by the Board of Selectmen.

                                                                         ii.      The shooting of rabid animals by law enforcement agents in the performance of their duties.

                                                                        iii.      The special permits shall be effective only for the period established by the Board of Selectmen and may be revoked at any time.

Paragraph 103-4 Violations and Penalties.

 

Any person who violates any of the provisions of this Ordinance shall be guilty of a civil violation and, upon conviction, shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00), with each incident being considered a separate violation.  A warning may be issued for a first offense.  All fines accrue to the Town of Frye Island.

            Paragraph 103-5, Enforcement.

This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees, or wardens of the Maine Department of Inland Fisheries and Wildlife.

Joseph Potts made the motion to accept articles twenty-four, twenty-five, and twenty-six.  James Kuiken second this motion.  Motion passed.

ARTICLE 27.  To vote to change Town of Frye Island Ordinance to Prohibit Hunting and Trapping, as Follows:

            Paragraph 104-1 Title.

This Ordinance shall be known as and may be cited as the “Ordinance to prohibit the use of traps.

            Paragraph 104-2.  Purpose.

The purpose of this Ordinance is to protect the health, safety and well being of the citizens of Frye Island by regulating the use of traps within the town.

            Paragraph 104-3.  Prohibition of the use of traps.

Use of traps is prohibited within the Town of Frye Island.  Traps that are prohibited include leg-hold traps, steel-jaw traps, wire snares, rope snares and conibear traps.  The following exceptions shall apply:

A.      The trapping of rabid animals by law enforcement agents in the performance of their duties.

B.      Special permits shall be issued for humane trapping to relocate animals under the direction of the Board of Selectmen.

                                                                           i.      Special permits shall be issued only to persons holding valid state hunting licenses and may be revoked by the Town Manager at any time.

                                                                         ii.      Holders of special permits shall obey all hunting laws and regulations promulgated by the State.

                                                                        iii.      The special permits shall be effective only for the periods which will be established by order of the Town Manager from time to time following consultation with the State Department of Inland Fisheries and Wildlife.

C.      Trapping of household pets.

Paragraph 104-4 Violations and Penalties.

Any person who violates any of the provisions of this Ordinance shall be guilty of a civil violation and upon conviction, shall be fined not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00), with each incident being considered a separate violation.  A warning may be issued for a first offense.  All fines accrue to the Town of Frye Island.

            Paragraph 104-5 Enforcement.

This Ordinance shall be enforced by the Town of Frye Island Police Department, The Cumberland County Sheriff’s Department, Game Wardens of the Department of Inland Fisheries and Wildlife, or their designees.

Joseph Potts made the motion to accept with the recommended changes by the Board of Island Trustees “shooting was removed and replaced with trapping—paragraph 104-3 A” Article twenty-seven.  James Kuiken second this motion.  Motion passed.

ARTICLE 28.  To vote to adopt a new Town of Frye Island Ordinance on Ferry Ramp as detailed in the following paragraphs:

CHAPTER 109
FERRY RAMP

ARTICLE 1

Trespassing, Tampering, Jumping, Diving and Swimming

Paragraph 109-1. Title
Paragraph 109-2  Purpose.
Paragraph 109-3 Trespassing, tampering, jumping, diving and swimming prohibited.
Paragraph 109-4 Violations and penalties.
Paragraph 109-5 Enforcement.

ARTICLE 1

Trespassing, Tampering, Jumping, Diving and Swimming

Paragraph 109-1.  Title

This chapter shall be known as and may be cited as the “Ordinance Prohibiting Trespassing on, Tampering with, Jumping, Diving or Swimming from the Ferry Ramp in the Town of Frye Island, Maine, Providing Penalties for Violation Thereof,” and shall be referred to herein as “this chapter.”

Paragraph 109-2.  Purpose.

The purpose of this chapter is to protect the health, safety and well-being of the citizens of Frye Island by prohibiting trespassing on and tampering with the ferry ramp, where damage to the ramp may interfere with the operation of the ramp and may impede the safe and speedy loading and unloading of emergency vehicles, and jumping, diving or swimming from the ferry ramp where shallow water, hidden obstructions and/or boat and vehicle traffic may endanger the safety of persons diving, jumping or swimming from the ferry ramp or the safety of motorists or boaters.

Paragraph 109-3.  Trespassing, tampering, jumping, diving and swimming prohibited.

No person shall be permitted to trespass on, tamper with, jump, dive or swim from the ferry ramp in the Town of Frye Island.

Paragraph 109-4.  Violations and penalties.

Any person who violates any of the provisions of this chapter shall be guilty of a civil violation and upon conviction shall be fined not less than fifty dollars ($50.00) and not more than five Hundred dollars ($500.00) with each incident being considered a separate violation, fines accrue to the town.

Paragraph 109-4  Enforcement.

This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees.

Joseph Potts made the motion to accept Article twenty-eight.  Ernest Wryesinsky second this motion.  Motion passed.

At twelve fifty six PM Ernest Wrzesinsky made a motion to adjourn.  James Kuiken second this motion.  Motion passed.

Respectfully submitted,

Conrad Theberge
Town Clerk