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FREEPORT PROJECT REVIEW BOARD MINUTES
FREEPORT TOWN HALL COUNCIL CHAMBERS
WEDNESDAY, NOVEMBER 9, 2005
6:30p.m.

PRESENT: David Marstaller (Chairperson), Cliff Goodall, James Gorman, Dale Whitmore, John Zink, and Donna Larson (Town Planner). Erik Anderson and Jason Donahue were excused.

CALL TO ORDER: Mr. Marstaller called the meeting to order at 6:33p.m.

ITEM I: Approval of the minutes from the October 12, 2005 Project Review Board meeting
Mr. Whitmore / Mr. Gorman moved to accept the minutes of the October 12, 2005 Project Review Board meeting as printed. Vote: 4 Ayes / 0 Nays / 1 Abstention (Goodall).

ITEM II: Informational Exchange.
Ms. Larson noted that there construction on Route One from projects the Board has recently approved.

ITEM III: Site Plans
One South Plaza – Renewal
The applicant is seeking renewal of an approval for the construction of a 14,600 sq. ft. building for office/professional space and a 9,800 sq. ft. building for restaurant use. Tax Assessor Map 22, Lot 29A. Eremita and Valley, applicant; Stephen Tibbetts, P.E., engineer.

Mr. Goodall recused himself as he formerly represented the applicant.

Ms. Larson explained that no changes are proposed to the plan and no ordinance changes affecting the development have been made since the previous renewal. The applicant’s Tier One Permit from the Maine Department of Environmental Protection (DEP) has expired and will need to be renewed prior to a permit being issued for construction.

The applicant will need to obtain a Traffic Movement Permit from the MDOT. Once the applicant determines the tenant, they will move forward with obtaining the permit. The applicant had attempted to enter into a reciprocal truck access easement with the previous owner however had no luck. The property has since changed hands and is owned by Puja Hospitality who has begun construction on a Holiday Inn Express. It is recommended that the applicant contact the new owner regarding a possible reciprocal easement.

There was no discussion by the Board and no comment from the public.

Proposed Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)

a. Preservation of Landscape.
The site plan includes multiple bioretention areas that will support plantings. A variety of plantings will also border the property boundary.

b. Relation of Proposed Buildings to the Environment.
This project did not require approval from the Design Review Board; however, the standards of Section 527 are met. The proposed building will meet all setbacks and zoning requirements.

c. Vehicular Access.
There will be two access driveways to the site with an easement between the applicant’s parcel and the abutting property (to the south) that will allow for truck access between the sites. The applicant is awaiting the issuance of a Traffic Movement Permit from the Maine Department of Transportation. To provide adequate public safety given the expected increase in traffic and impact on nearby intersections, the public safety departments have indicated the need for a preemption system for the light at the intersection of Route One and Desert Road and for public safety vehicles. The cost of this system is $4,000.

d. Parking and Circulation.
The number of parking spaces required would be 164 spaces of which the applicant intends to use all 164. Parking will surround the building on the front and sides.

e. Surface Water Drainage.
The applicant has installed multiple bioretention areas to assist with the management of stormwater. Albert Presgraves, P.E., Town Engineer, has reviewed and approved the stormwater plans (see memo dated 01/09/03). Mr. Presgraves also recommends that the applicant and the Town enter into a stormwater facilities maintenance agreement.

f. Utilities.
All utilities will be underground. Solid waste disposal will be through the use of dumpsters on the back side of the property. The dumpsters will be screened with fencing. Final approval of the engineered sewer plans will need to be granted by the Freeport Sewer District prior to construction.

g. Advertising Features.
The applicant intends to install a free standing sign on the I-95 side of the property and a ground sign and kiosk at the entrace to the building, both signs are internally illuminated. The final sign drawings including dimensions and colors are needed. The sign adjacent to I-95 is limited to 32 s.f., the entrance sign is limited to 32 s.f. for the name of the plaza, and 20 s.f total for business identification signs below the plaza name.

h. Special Features.
A special feature of the site will be a delivery and service truck access easement between the applicant’s property and the abutting parcel (to the south). There will also be a walkway between the applicant’s parcel and the abutting Comfort Suites parcels for which the details will be worked out between the abutting property owners.
i. Exterior Lighting.
Pole and wall lights are proposed for the site. Lighting plans have been reviewed by Bartlett Design and are in compliance with the Freeport Ordinance (see letter dated November 26, 2002.

j. Emergency Vehicle Access.
All Department Heads have reviewed and approved this project. Freeport Public Safety Departments have requested a preemption system for the traffic light at the intersection of Route One and Desert Road.

k. Landscaping.
A variety of plantings will enhance the landscaping of the site.

l. Environmental Consideration. A site plan shall not be approved unless it meets
the following criteria:
All of the above criteria have been met. The Maine DEP has granted a Tier 1 Wetlands Permit.

Mr. Whitmore / Mr. Gorman moved to order that the Freeport Project Review Board, renew the approval of the Findings of Fact and the site plan for One South Plaza, plan dated 09/27/02, last revised 01/15/03, to be build substantially as proposed, finding that they meet the standards of Section 602, with the following conditions of approval.
1. This approval incorporates by reference all supporting plans that amend the previously approved plans submitted by the applicant and his/her representatives at Project Review Board meetings and hearings on the subject application to the extent that they are not in conflict with other stated conditions.
2. A performance guarantee in the amount of $136,000, to cover the cost of construction, in a form acceptable to the Town Attorney be established prior to construction. The performance guarantee shall cover the cost of site preparation, parking areas and paths, erosion control, stormwater management, and landscaping. Along with the performance guarantee, a non-refundable administrative fee of 2% of the performance guarantee, in the amount of $2,720, be paid prior to construction.
3. Establish an inspection account for inspection of the site improvements prior to construction.
4. A Traffic Movement Permit be obtained from the Maine Department of
Transportation prior to the start of construction.
5. The applicant and the Town enter into a stormwater facilities maintenance agreement, as recommended by the Town Engineer, to be recorded in the registry of deeds, prior to the start of construction.
6. Prior to the start of construction, the applicant enter into an easement, preferably a reciprocal easement, approved by the town attorney, with Puja Hospitality, owners of the abutting parcel.
7. The final sign drawings including dimensions and colors are needed. The sign adjacent to I-95 is limited to 32 s.f., the entrance sign is limited to 32 s.f. for the name of the plaza, and 20 s.f total for business identification signs below the plaza name. Final sign design shall be submitted to Fred Reeder prior to the start of construction.
8. The $4,000 needed to install the preemption system be submitted before construction begins.
9. Prior to occupancy, final location and design of the sidewalk between the Comfort
Suites and this project be agreed upon and approved by the Town Planner.
10. The applicant receive approval from the Maine Department of Environmental Protection for renewal of their Tier One permit.
Vote: 4 Ayes / 0 Nays (Goodall recused)

Towne Condominiums – Cross Street – PUBLIC HEARING
The applicant is presenting final plans for a 3-unit dwelling to be located on a new parcel on Cross Street. This project will require Design Review, Site Plan Review, and Subdivision Review. Class C property. The property is zoned VC-I. Tax Assessor Map 11, Lot 32. Sheila and Derek Towne, owners and applicant.

Ms. Larson explained that the applicant is seeking approval for a three unit building on a new lot on Cross Street. Fred Reeder has reviewed the plan and the plan complies with the setbacks required by the ordinance. Setback distances have been shown on the recording plan.

Six parking spaces are required and shown on the plan. The applicant is requesting two waivers; one to allow a driveway width of 16 feet instead of the required 18 feet, and another waiver to allow a driveway aisle width of 22 feet instead of 24 feet. The Town Engineer has reviewed this request and in his opinion the reduced driveway and aisle width will still allow for adequate access and circulation to the site. The width reduction will also allow for the stormwater flow to remain on the applicant’s property.

The applicant has submitted a landscaping plan which shows the required landscaped buffer. Information on proposed lighting and fencing has been submitted. The lights will have frosted glass and will meet the full cut-off standard required by the ordinance.

Legal documents have been submitted and approved. The Town Engineer has reviewed and approved the Stormwater Management Plan and the Erosion and Sedimentation Control Plan. The applicant has submitted a letter from Bath Savings Institution (dated 10/17/05) stating that the applicant has the financial capacity to complete the project.

Mr. Marstaller asked about the proposed reduced driveway width. Ms. Larson explained that there is an existing catch basin on the rear of the property along with a fence. The reduced driveway width allows the fence to remain as is and for the Town to be able to access the catch basin and continue to maintain it.

Mr. Derek Towne, applicant, noted that the building materials will be as proposed on the submitted material sheet and will be painted Light Mist with White Trim. There will be a six-foot tall cedar fence between the existing and new property.

Mr. Goodall suggested that the applicant also install a privacy fence along the Sylvester property. Mr. Towne mentioned that the Sylvester’s were aware of the proposed plantings. Mr. Zink stated that he did not want to require a fence along the property line if it is not what the abutters want. The Board continued to discuss the fence and agreed to add a condition of approval to require a fence along the property line abutting the Sylvester’s unless the fence was waived by the Sylvester’s. Mr. Towne stated that if the fence was installed they would not be able to do the proposed plantings. Mr. Goodall stated that he was concerned for lower screening and noted that the other proposed plantings on the property were appropriate choices.

Mr. Marstaller noted that this was a public hearing. There were no comments from the public.

Sec. VIII.C. Design Guidelines for All Buildings Within the District Newly constructed or reconstructed buildings as well as existing buildings and their appurtenances, which have been altered, repaired or moved, shall be visually compatible with the buildings, squares and places to which they are visually related and specifically with nearby and/or adjacent "A" or "B" buildings in terms of the following factors:

1. Scale of the Building.
The building will be 28’ x 62’. The windows and porches on the building will help break up the expanse of the façade. The building is in the Village Commercial I District in which there are a variety of building types and uses. There will be space around the building with a landscaped buffer.

2. Height.
The height of the building will be within the standard of the ordinance and will be compatible with nearby structures.

3. Proportion of Building's Front Facade.
The building will be located behind an existing structure. The building will be buffered on two sides with landscaping and a wood fence on the property line abutting the existing dwelling. The property abuts Nathan Nye Street Extension which is closed to through traffic.

4. Rhythm of Solids to Voids in Front Facades.
There will be many windows and doors on the building which will break up the expanse of the façade.

5. Proportions of Opening within the Facility.
There will be many windows and doors on the building which will break up the expanse of the façade all of which will be rectangular in shape.

6. Roof Shapes.
The roof will have a 12/12 pitch and is compatable with that on surrounding buildings.

7. Relationship of Facade Materials.
The building will be sided with mostly clapboards with the exception of the peaks on the gabled ends which will be sided with shingles. The material will be fiber cement siding. Doors will be fiber glass and windows will be vinyl; both with internal mullions as depicted in the rendering. The steps to each unit will be granite. The rear deck will have cedar railings and posts with composite decking at the base. The building will have gray siding with white trim. The doors will be painted red.

8. Rhythm of Spaces to Building on Streets.
The building meets the setback and buffering requirements of the ordinance. The building will be located to the rear of an existing building on Cross Street. The parking area will be located to the side of the building abutting Nathan Nye Street Extension.

9. Site Features.
The building will have driveway access from Cross Street and will be located to the rear of an existing structure. The layout of the site meets the standards of the Zoning Ordinance. A landscaped buffer and fence will screen the building from abutting properties.

10. Signs.
No signs are proposed.

Conclusion: Based on these facts the Board finds that this project meets the criteria and standards of the Design Review Ordinance.

Proposed Findings of Fact (Section 602.F. of the Freeport Zoning Ordinance):
a. Preservation of Landscape:
The applicant will retain existing vegetation where possible. Additional landscaped buffering will be added on two sides of the building.

b. Relation of Proposed Buildings to the Environment:
The parcel is located within the Design Review District and the lot is being split from an existing lot which contains a dwelling. This project meets the standards of the Design Review Ordinance. The building design and site layout are compatible with existing properties.

c. Vehicular Access:
Access to the site will be from Cross Street. The Board approved a waiver to allow a reduced driveway width of 16 feet and a reduced aisle width of 22 feet in the parking area. Based on the size and nature of the development, these reductions will still allow for safe and adequate access to the site.

d. Parking and Circulation:
The proposal exceeds the parking requirement of the Zoning Ordinance. The Board approved a waiver to allow a reduced aisle width of 22 feet in the parking lot. A walkway will connect the parking area to the building.

e. Surface Water Drainage:
The applicant has submitted a Stormwater Management Plan and an Erosion and Sedimentation Control Plan. Both plans have been reviewed and approved by the Town Engineer (see memo dated 11/03/05). It is his recommendation that the applicant enter into a Maintenance Agreement for a Stormwater Management System with the Town of Freeport, to be recorded in the Cumberland County Registry of Deeds.

f. Utilities:
Underground utilities will be brought to the site from Cross Street. The applicant has received approvals from the Freeport Water District and the Freeport Sewer District for connection to the public utility.

g. Advertising Features:
No signs are proposed.

h. Special Features:
The existing chain link fence abutting the school property is partially on the applicant’s property. A portion of the chain link fence will be removed to accommodate the new parking area. The applicant will replace that portion of the fence to go around the edge of the parking area sill allowing access (from Nathan Nye Street Extension) for the Town to continue to maintain the existing catch basin which is also on the applicant’s property.

i. Exterior Lighting:
There will be egress lights and some light posts to illuminate the parking area. The applicant has submitted information on the lighting and both fixture styles are full cut-off.

j. Emergency Vehicle Access:
All Public Safety Department Heads have reviewed the plans.

k. Landscaping:
The applicant has submitted a landscaping plan. The plan retains existing vegetation where possible. The plan complies with the buffering requirements of the ordinance. A new wooded fence will be installed along the property line abutting the existing residence.

l. Environmental Considerations:
This parcel is not within the Shoreland Zone. No Historic or Archeological resources have been identified on the property. The property will be connected to the public sewer system for the disposal of waste water.

Conclusion: Based on these facts the Board finds that this project meets the criteria and standards of Section 602 Site Plan Review.

Proposed Findings: Freeport Subdivision Ordinance Article 11
11.1 Pollution
This parcel is not within the Shoreland Zone and will be connected to public utilities.

11.2 Sufficient Water
In a letter dated 09/06/05, Ron Seaman of Aqua Maine states that the Utility has the capacity and ability to serve the development.


11.3 Impact on Existing Water Supplies
In a letter dated 09/06/05, Ron Seaman of Aqua Maine states that the Utility has the capacity and ability to serve the development.

11.4 Soil Erosion.
The applicant has submitted an Erosion Control Plan which has been reviewed and approved by the Town Engineer (see memo dated 11-13-05).

11.5 Traffic Conditions
Due to the size and nature of the development, unreasonable road congestion or unsafe conditions will not be created.

11.6 Sewage Disposal
The project will be connected to the public sewer system. In a letter dated 09/01/05, Tom Allen, Superintendent of the Freeport Sewer District states that the utility has the capacity to serve the project.

11.7 Solid Waste
The applicant will be required to contract with a solid waste disposal contractor as required by the Freeport Solid Waste Control and Solid Waste Flow Control Ordinances.

11.8 Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural
The proposed subdivision will not have undue adverse effects on the scenic or natural beauty of the area. The parcel is not within a significant wildlife habitat.

11.9 Conformance with Zoning Ordinance and Other Land Use Ordinances.
This application will comply with all applicable requirements of Freeport Codes and Ordinances provided that the requested waivers for the driveway width and the parking lot aisle width are approved. The Project Review Board previously granted a waiver to allow a driveway which did not meet the private road standards of the Subdivision Ordinance.

11.10 Financial and Technical Capacity
The applicant submitted a letter a letter dated 10/17/05 from Bath Savings Bank stating that the applicant has the financial capacity to complete the project. The recording plan was done by John Schwanda, LS, of Owen Haskell, Inc. The Erosion Control Plan and Stormwater Management Plan was completed by Wright-Pierce.

11.11 Impact on Water Quality or Shoreline
The development is not within any of the listed areas.

11.12 Impact on Ground Water Quality or Quantity
The subdivision will be connected to the public water system with no wells proposed. The proposal meets the residential acreage requirements as required by the Freeport Subdivision Ordinance.


11.13 Floodplain Management
The development is not within a 100-year flood plain.

11.14 Identification of Freshwater Wetlands
A small area of existing wetlands is shown on the plan. The wetland will be filled to accommodate for the parking area.

11.15 Rivers, Streams, and Brooks
No rivers, streams, or brooks have been identified on the property.

11.16 Storm Water Management
Wright-Pierce has prepared a stormwater management plan. The plan has been reviewed by Albert Presgraves (memo dated 11/03/05) and found to be in compliance with the standards of the ordinance. He has recommended that the applicant enter into a Maintenance Agreement for a Storm Water Management System with the Town of Freeport, to be recorded in the Cumberland County Registry of Deeds, prior to construction.

11.17 Spaghetti Lots
No spaghetti lots are proposed.

11.18 Phosphorus Impacts on Great Ponds
This development is not within the watershed of a great pond.

11.19 Impacts on Adjoining Municipalities
This development is completely within the boundaries of the Town of Freeport.

Conclusion: Based on these facts the Board finds that this project meets the criteria and standards of the Subdivision Ordinance.

Mr. Whitmore / Mr. Gorman moved to order that the Project Review Board waive the standard of Section 512.D.10. of the Freeport Zoning Ordinance requiring that the driveway width be 18.0 feet, in that the proposed driveway width is 16.0 feet, and due to the size, nature, and use of the property, should adequately provide for the vehicular traffic of the site.

It was further ordered that the Project Review Board waive the standard of Section 512.D.10. of the Freeport Zoning Ordinance requiring that the parking lot aisle width be 24.0 feet, in that the proposed aisle width is 22.0 feet, and due to the size, nature, and use of the property, should adequately provide for the parking and maneuvering of vehicular traffic on the site. Vote: 5 Ayes / 0 Nays.

Mr. Goodall / Mr. Whitmore moved to order that the Freeport Project Review Board approve the printed Findings of Fact, Design Review Certificate, site plan, and subdivision plan for the Towne Condominiums on Cross Street, recording plans dated September 9, 2005, to be built substantially as proposed, finding that it meets the standards of the Design Review Ordinance, Section 602 of the Freeport Zoning Ordinance, and the Standards of the Freeport Subdivision Ordinance, with the following conditions of approval:
1. This approval incorporates by reference all supporting plans that amend the previously approved plans submitted by the applicant and his/her representatives at Project Review Board meetings and hearings on the subject application to the extent that they are not in conflict with other stated conditions.
2. A performance guarantee, in the amount of $ 33,885, to cover the cost of all site work and approved by the Town Engineer, in a form acceptable to the Town Attorney, be established prior to construction. The performance guarantee shall cover the cost of all site work, including the driveway, parking areas, landscaping, erosion control, and stormwater management. Along with the performance guarantee, a non-refundable administrative fee of 2% of the performance guarantee, in the amount of $ 677.70 be paid prior to construction.
3. Establish an inspection account in the amount of $677.70, for inspection of the site improvements prior to construction.
4. The applicant enter into a Maintenance Agreement for a Stormwater Management System with the Town of Freeport, to be recorded in the Cumberland County Registry of Deeds, with a copy of the recorded document being forwarded to the Freeport Planning Department prior to construction.
5. A privacy fence be erected on the northeast boundary, abutting the Sylvester property, to cover the width of the proposed building, unless the abutting property owner waives the requirement for the privacy fence which benefits his property only.
Vote: 5 Ayes / 0 Nays

LL Bean – Order Fulfillment Center
The applicant is seeking approval for a site plan amendment to add a 335,000 s.f. addition to the Order Fulfillment Center on Desert Road. Tax Assessor Map 22, Lot 22. LL Bean Inc., owner and applicant; Will Conway, Sebago Technics, Inc, representative.

Mr. Gorman recused himself from the review of this item and left the meeting.

Ms. Larson explained that applicant is returning to the Board to present conceptual plans for a site plan amendment at the LL Bean Desert Road facility. The proposal is the final phase of the previously presented master plan for this property. At this time the applicant is proposing to add a 335,000 s.f one level addition at the existing order fulfillment center. The addition will be added to the west side of the existing structure and will match the remainder of the building. The addition will be used for warehouse space.

Some existing parking will be lost to the rear of the building, however there is more than adequate parking on-site. The parking requirement of the ordinance is 1,105 spaces; 1,466 are proposed/existing.

The loading dock to the rear of the building will be realigned and the access road to the side of the building will need to be relocated with new paving and curbing. Limited new lighting will be installed.

The applicant has a Maine Department of Environmental Protection Site Location permit to cover this project, however will need to notify DEP on this project. The applicant will need to get written approval from the DEP to show the Town that they are okay to proceed with the project. The applicant also has an approved Army Corps Permit and a Traffic Movement Permit from the Maine Department of Transportation Permit. As part of the MDOT permit, the applicant is required to monitor the traffic on the bridge over the highway during summer months.

Mr. Will Conway, Sebago Technics, introduced himself and Scott Atkinson from LL Bean. Explained the history of the project and noted that this addition was part of the master plan that LL Bean presented to the Town in 1993. He gave an overview of the site, noting the 100 foot undisturbed buffer which will be maintained on the side property line which is also the on the edge of the industrial zone.

The existing stormwater systems will be used. The water travels towards Merrill Brook where it enters a treatment system and is slowed before it enters the watershed. The lights, landscaping, and building addition will all be consistent with the features on the remainder of the property. LL Bean is working with an architect now and a photo-simulation of the building will be available at the next meeting.

Mr. Marstaller asked about the number of new employees that would result from the new addition. Mr. Conway stated that it would be a low volume use with only about 100 employees. There are currently about 758 employees.

Mr. Conway explained that the existing loading dock will remain. The trailer stacking area to the rear of the existing building may be used for some truck storage; this is being studied now and additional truck space may be needed later.

Mr. Whitmore asked about the amount of runoff. Mr. Conway explained the history of the project and the applicant’s approval from the Maine Department of Environmental Protection. There has been a slight increase in the overall amount of impervious area since the initial permit was issued, however a detention pond has been added. The DEP approval is up to date and includes the impervious area of the proposed addition.

Mr. Marstaller asked about a building timeline. Mr. Conway stated that the applicant would start relocating the road this winter and the building completion goal is March 2007.

Mr. Goodall asked about the stormwater system and its ability to handle the recent rain which was in excess of the 25-year storm standard. Mr. Conway stated that he was not sure if the emergency spill features were activated, however there were no problems with the system reported.

Mr. Marstaller asked about new landscaping. Mr. Conway stated that new plantings would be proposed along the front of the property to buffer the road and some retaining wall will be added to protect the finger of the gully. There is already an established buffer along a portion of the property.

Mr. Whitmore asked if a pedestrian walkway would be proposed along the new road. Mr. Conway stated no and noted that the area along the road is needed for snow removal and most of the parking for the use is on the front or rear, with an entrance on each side.

Mr. Marstaller questioned the appearance of the western wall. Mr. Conway stated that it would be cream in color with no windows because of the warehouse use. There will be emergency egress stairs.

Mr. Zink asked Mr. Larson about traffic concerns. Ms. Larson stated that the nearby bridge is a long-term traffic concern which is why the applicant is being required by the MDOT to monitor traffic. So far the bridge seems to be okay however there may need to be widening in the long-term. Mr. Zink noted the congestion at the I-295 South exit ramp and inquired about a traffic signal. Ms. Larson explained that MDOT says that the intersection does not meet the threshold for needing a traffic signal.

Mr. Whitmore asked if the building would be sprinkled. Mr. Conway stated yes and noted that there is an elaborate water system on the site which was design to accommodate of a building of this size.

ITEM IV: Discussion
Discussion on proposed amendments to the Freeport Subdivision Ordinance and to sections of the Freeport Zoning Ordinance pertaining to subdivisions.

Ms. Larson made a presentation to the Board on proposed changes to the Freeport Subdivision Ordinance. Mr. Zink requested that the Board see the proposed changes in the final ordinance form and then send recommendations to the Planning Board. The Board briefly discussed some of the proposed changes agreed to discuss this item at the next meeting.

ITEM V: Persons wishing to address the Board on non-agenda items
Mr. Zink asked Ms. Larson about the Board’s authority when it comes to requiring road improvements in association with a development when the road is under state control. Ms. Larson stated that the Board does have authority to require improvements since they need to prove a finding for traffic safety and access. If the Board requires improvements on a State road, MDOT approval would be needed and the Town and the applicant would need to coordinate improvements with MDOT. Ms. Larson suggested that the Board authority and role on this topic could be clarified with the proposed amendments to the Freeport Subdivision Ordinance.

ITEM VI: Adjournment
Meeting adjourned at 8:35 p.m.

Recorded by Caroline Crean Pelletier