JULY 3, 1999

Cumberland,  State of Maine

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


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 3, 1999 at 8:00 a.m. to act upon the following Articles.

 Article 1. To choose a moderator to preside at said meeting.

 Article 2. To vote to allow members of Boards and Committees created by the Town of Frye Island  to participate in the discussion at Town Meetings.

 Article 3. To vote by written ballot to elect a person to a three year term to the Board of                                     Selectmen.

 Article 4. To vote to adopt the amended  Article IX-Board of Appeals of the Frye Island Land Use Ordinance to bring the Ordinance up to current state statutes: [original Article IX text]

 ARTICLE IX - Board of Appeals

{101-63.  Appointment and composition. The Board of Appeals shall be governed by Maine Statute 30A-2691 and as specified herein.

 There shall be a Board of Appeals of five (5) members, and one (1) alternate all of whom shall be property owners of the Town of Frye Island.  The members of the Board shall be appointed by the Board of Selectmen of the Town of Frye Island.  Terms of members shall be for three (3) years, except that the appointments after the initial one year appointments shall be such that the terms of office of no more than two (2) members shall expire in any single year.

 The members of the Board shall annually elect a Chairman and Secretary, who shall provide for the keeping of the minutes of the proceedings of the Board of Appeals.  All minutes of the Board shall be public record.  A quorum shall consist of three (3) members.

 The Board shall adopt a set of written procedures by which the Board will conduct its regular meetings, public and public hearings.

{101-64.  Powers and duties.

A. The Board of Appeals shall have the following powers and duties:

1. Administrative appeals.  To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of any ordinance, bylaw, or regulation of the town zoning ordinances.  The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of the majority of the quorum of the Board.

2.  Special exceptions.  To hear and decide only those special exceptions which are specifically listed in the various zoning districts as special exceptions, and to act on applications for the enlargement of nonconforming uses, which shall be treated as special exceptions; to decide such questions as are involved in determining whether such special exceptions should be granted, and by majority vote to grant such special exceptions with such conditions and safeguards as are appropriate, or to deny such special exceptions when not in harmony with the purposes and intent of the town zoning ordinances.

 3. Variance appeals. To authorize variances upon appeal, within the limitations set forth in this article.

 4. The Board of Appeals shall schedule meetings approximately once a month between April 30 and Columbus Day and the board shall not be required to hold a meeting or hearing otherwise. The board shall not be required to hold a meeting if no appeals are pending.

 B. Variance appeals.  Variances may be permitted only under the following conditions:

1.Within the shoreland zone, variances may be granted only from dimensional requirements, including but not limited to lot width, structure height, percent of lot coverage and setback requirements.

2. Within the shoreland zone, variances shall not be granted for establishment of any uses otherwise prohibited by the town zoning ordinances.

3. The Board shall not grant a variance unless it finds that all of the criteria listed below are met:

 a. The proposed structure, if within the shoreland zone, or use would meet the provisions of Section 102-15 except for the specific provision which has created the nonconformity and from such relief is sought; and

 b. The strict application of the terms of this chapter would result in undue hardship.  The term “undue hardship” shall mean:

{i} That the land in question cannot yield a reasonable return unless a variance is granted

{ii} That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

{iii} That the granting of a variance will not alter the essential character of the locality; and

{iv} That the hardship is not the result of action taken by the applicant or prior owner.

4. Disability variances.  The Board of Appeals may grant a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property.  The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability.  The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property.  The term “structure necessary for access to or egress from the property” shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

 5. The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of the town zoning ordinances to the greatest extent possible and in doing so may impose such conditions to a variance as it deems necessary.  The party receiving the variance shall comply with any conditions imposed.

6. A copy of all variances granted within the shoreland zone by the Board of Appeals shall be submitted to the Department of Environmental Protection within fourteen (14) days of the decision.

{101-65. Conflicts of interest.

Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.

 {101-66. Criteria to be considered in hearing appeals.

 In granting appeals under this Article, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of the town zoning ordinances.

 {101-67. Appeal Procedure.

A. Making an appeal

 1. An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board.  Such appeal shall be taken within thirty (30) days of the date of the decision appealed from and not otherwise, except that the Board, upon showing of good cause, may waive the thirty-day requirement.  The Board is not required to hold a meeting or hearings from October to May when the Island is closed.

 2. Such appeal shall be made by filing with the Board of Appeals a written notice which includes:

a.  A concise written statement indicating what relief is requested and why it should be granted.

b. A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.

3. Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.

4. The Board of Appeals shall hold a public hearing on the appeal within thirty-five (35) days of its receipt of a completed application providing this time period falls within the normal meeting schedule established by the Board under paragraph 101-64.A.4 above.

 5. The Board of Appeals shall notify by mail only the owners of property abutting the property (abutters) for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon..

6. Fees to cover the administration costs of appeals shall be set by the municipal officers annually.

7. For the purposes of this section, the owners of property shall be considered to be the parties listed by the Assessor of Taxes for the Town of Frye Island as those against whom taxes are assessed.  Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.

 8. Following the filing of a complete appeal application, the Board of Appeals for the Town of Frye Island shall notify forthwith the Code Enforcement Officer and the Planning Board, and the appeal shall be in order for hearing at the next meeting of the Board of Appeals following, by at least seven (7) days, the mailing of notices.

 9. The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs or other material he deems appropriate for an understanding of the appeal.

10. If the Board grants a variance under this section, a certificate indicating the name of the current owner, identifying the property by reference to last recorded deed in this chain of title and indicating the fact that  the variance, including any conditions on the variance, has been granted and the date of granting, shall be prepared in recordable form.  This certificate must be recorded on the Cumberland registry of deeds within 90 days of the date of final approval of the variance or the variance is void.

(B) Decision by Board of Appeals.

1. The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision or determination of the Code Enforcement Officer or Planning Board or to decide in favor of the applicant on any matter on which it is required to decide.  The Board may reverse the decision or failure to act of the Code Enforcement Officer or Planning Board only upon a finding that the decision or failure to act was clearly contrary to specific provisions of the town zoning ordinances.  A member who abstains shall not be counted in determining whether a quorum exists.

(C) Appeal to Superior Court.  Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within forty-five (45) days from the date of any decision of the Board of Appeals.

(D) Reconsideration.  The Board of Appeals may reconsider any decision within thirty (30) days of its prior decision.  The Board may conduct additional hearings and receive evidence and testimony. 

Article 5. To vote to adopt the amended Chapter 102, Section 102-16, Town of Frye Island Shoreland Zoning, add new paragraph:

Chapter 102, Section 102-16

I.1.c The Board of Appeals shall schedule meetings approximately once a month between April 30 and Columbus Day and the Board shall not be required to hold a meeting or hearing otherwise. The Board shall not be required to hold a meeting if no appeals are pending.

Article 6. To see if the Town, pursuant to 23 MRSA §3025, will vote to accept the dedication made by Frye Island, Inc. of an easement interest in a strip of land bounded and described as follows: all roads on Frye Island as they exist on July 3, 1999 and as they are designated on the Official E-911 map, and to accept and establish a public easement on said strip of land.

Adjourn the Meeting

 Respectfully Submitted,

 The Municipal Officers of the Town of Frye Island

                                                    Joseph Potts

                                                   Oleg Svetlichny

                                                   James Kuiken

 Dated at Frye Island: June 26, 1999

  A True Copy of the Warrant, attest:

                                        Conrad Theberge, Town Clerk Town of Frye Island