WARRANT for the ANNUAL MEETING
of the TOWN OF FRYE ISLAND
JULY 5th , 2003

Cumberland, ss State of Maine

To:Kathy Potts, a resident of the Town of Frye Island, State of Maine.

Greetings:

In the name of the State of Maine, you are hereby required to notify the inhabitants of the Town of Frye Island, in the County of Cumberland, qualified by law to vote in Town affairs to meet at the Frye Island Community Center on Saturday, July 5th, 2003 at 9:00 a.m. to act upon the following Articles.

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

Article 2.  To vote by written ballot to elect one person to a three year term to the Board of Selectmen.

Names in Nomination
C. David Decker

Article 3.  To see if the Town will vote to authorize the Selectmen to apply to the Maine Municipal Bond Bank for a Municipal Bond in the amount of $500,000.00 to pay for improvements to the Public Water System.

Article 4.   To see if the Town will vote to authorize and direct the Selectmen and Treasurer, at their discretion, to sell by sealed bid or public auction and convey by quit-claim deed, any real estate acquired from tax sources by the Town, or to convey the property to the prior owner upon payment in full of all taxes, interest and charges incurred by the Town.  Selectmen reserve the right to reject any and all bids.

Article 5.   To see if the Town will vote to authorize the Selectmen and the Treasurer, on behalf of the Town and any of the Town’s departments, to accept gifts, real estate, donations, and other funds, including trust funds that may be given or left to the Town, and to grant the Selectmen the further authority to expend such sums of money as they deem necessary from these donations or for their designated purposes.  These expenditures may be reflected outside of the Town’s approved budget.

Article 6.   To see if the Town will vote to authorize the Selectmen and the Treasurer to accept and expend, on behalf of the Town, any Federal or State funds received on the form of grants during its fiscal year.

Article 7.   To see if the Town will vote to authorize the Selectmen to expend such sums of money as they deem necessary from the Capital Reserve accounts for their designated purposes.  These expenditures may be reflected outside of the Town’s approved budget.

Article 8.   To see if the Town will vote to ratify the actions of the Board of Selectmen in receiving funds from outside sources, and transferring from undesignated fund balance ($21,120) to the Island Improvement Reserve account during the year 2002.

Article 9.  To see if the town will vote to adopt the 2000 edition of the International Residential Code, regulating and controlling the design, construction, quality of materials, erection, installation, alteration, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one and two family dwellings in the Town of Frye Island; providing for the issuance of permits and collection of fees therefore when used with money; repealing all other Ordinances and parts of the Ordinances in conflict therewith.

The Voters of the Town of Frye Island does ordain as follows:

Section 1:  That certain documents one (1) copy of which is on file in the office of the Town Clerk and the Town of Frye Island, being marked and designated as International Residential Code, as published by the International Code Council and is hereby adopted as the code of the Town of Frye Island for regulating the design, construction, quality of materials, erection, installation, alteration, repairk location, relocation, replacement, addition to, use or maintenance of one and two family dwellings not more than three stories in height in the Town of Frye Island and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, 2000 edition, published by the International Code Council on file in the office of the Town of Frye Island and hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance.

Section 2:  The following sections are hereby revised:

             Section R101.1 Insert:  Town of Frye Island

            Table R301.2 (1) Insert: Permit – TABLE ATTACHED

            Section R104-10.1:  Deleted

            Section R105.2:        Deleted

            Section R105.3.1.1:  Deleted

            Section P2501 Through P3201 (Plumbing):  Deleted:

            Appendices: E, G and J are hereby adopted

Section 3:  All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

Section 4:  That if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Voters hereby declare that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5:  That the Town Clerk is hereby ordered and directed to cause this Ordinance to be made available during normal business hours.

Section 6:  That this Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the date of its final passage and adoption.

 

The Town of Frye Island Planning Board makes the following recommendations
for changes to the Land Use Ordinances, to be presented at the Town Meeting
as three separate Warrant Articles:

Article 10.     To vote to replace the section "HISTORY" on the reverse of the cover (title) page of Chapter 101 - Land Use with an expanded history that clearly states the continuity from the 1976 Land Use Ordinance of the Town of Standish.

             HISTORY:

            Articles I and II originated as the Land Use Ordinance of the Town of Standish, adopted on May 26, 1976. This Standish Ordinance, as amended, became Chapter 181 on December 9, 1997 by Order No. 123-97. Frye Island, in turn, modified and adopted this Ordinance as Chapter 101 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 10, 2000 version of this Chapter 101 was then heavily edited and reorganized into Articles  I and II of Chapter 101, which was adopted by Town Meeting 10/06/01 Article 8.

            Article III  originated as the Shoreland Zoning Ordinance of the Town of Standish, adopted October 12, 1993. This Standish Ordinance (now Chapter 237, adopted February 12, 2002 by Order No. 189-01) was modified and adopted by Frye Island as Chapter 102 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 19, 1999 version of this Chapter 102 was then heavily edited and reorganized into Article III of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.

            Article IV originated as the Floodplain Management Ordinance of the Town of Standish, adopted January 9, 1996 by Order No. 156-95. The Town of Frye Island, in turn, modified and adopted this Ordinance as Chapter 108 by Town Meeting of July 1, 2000. The July 22, 2000 version of this Chapter 108 was then edited and reorganized into Article IV of an expanded Chapter 101 which was adopted by Town Meeting 10/12/02 Article 11.

Article 11.     To vote to change § 101-I-4, ¶ D.2  Non-conforming lots, to clarify the dates relating to certain requirements and include suggestions by the Town's Code Enforcement Officer.

                       Bold font indicates text added, strike through font indicates text to be deleted.

              § 101–I–4, ¶ D.2. Non-conforming lots

2.   Non-conforming lots

a.   A single lot of record which fails to meet the requirements for area, or width, or both, that are generally applicable in the district may be built upon subject to the following conditions and restrictions:

i.    The lot must have been in separate ownership on May 26, 1976 separate from that of all lots and parcels contiguous to it prior to the date on which the lot became non-conforming by reason of adoption or amendment of this Ordinance.

ii.   It must not share a common property line with other such lots in the same ownership,

iii. Yard and other requirements not involving area or width must conform to the regulations for the district in which the lot is located, except that said lot need not have adequate road frontage so long as there is either a public or private vehicular access way to the lot.

iv.  No more than one single-family dwelling may be built upon such single lot.

v.   Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.

b.   Contiguous lots, vacant or partially built. If any of two (2) or more contiguous lots(i.e., lots which share a common property line) or parcels are in under single or joint ownership of record as of May 26, 1976, and if any of these lots do not individually fails to meet the dimensional requirements of this Ordinance or subsequent amendments, and if one (1) or more of the lots are vacant or contain(s) only an accessory building, then the lots shall be combined to the extent necessary to meet all dimensional requirements. This subsection is intended to apply to all lots, whether shown on a recorded plan or not. It is specifically intended that this provision can shall require the merger of improved lots with unimproved lots and is not limited to merging unimproved lots only. L Contiguous lots each containing a dwelling unit which were separately improved prior to enactment of the Frye Island Zoning Ordinance becoming non-conforming or prior to coming under common ownership shall not be merged.

Article 12.     To vote to change the definition of Stream in § 101-III-17, the definitions section of the Shoreland Zoning Ordinance, to comply with a request from the Maine DEP, as follows:

                       Bold font indicates text added, strike through font indicates text to be deleted.

            Stream: A free-flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15 minute series topographical map, to the point where the body of water  it flows into a great pond or becomes a river. There are no streams on Frye Island.

 

The Town of Frye Island Planning Board makes the following recommendation
for changes to the Land Use Ordinances, to be presented at the Town Meeting
as a separate Warrant Article in addition to those previously presented:

Article 13. To vote to adopt the changed Official Zoning Map of the Town of Frye Island dated July 2003 (changing Lot 509 from Rural District to Residential District), as approved by the Planning Board June 14, 2003.  

 

The Municipal Officers of the Town of Frye Island

                        ____________________________Robert Roberts, Selectman
                        ____________________________John Crosby, Selectman
                        ____________________________James Kuiken, Selectman