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FREEPORT PROJECT REVIEW BOARD MINUTES
FREEPORT TOWN HALL COUNCIL CHAMBERS
WEDNESDAY, DECEMBER 14, 2005
6:30p.m.

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

CALL TO ORDER: Mr. Marstaller called the meeting to order at 6:36p.m.

ITEM I: Approval of the minutes from the November 9, 2005 Project Review Board meeting
Mr. Whitmore / Mr. Anderson moved to waive the reading of the minutes of the November 9, 2005 Project Review Board meeting and accept them as printed. Vote: 3 Ayes / 0 Nays / 2 Abstentions (Anderson and Donahue).

ITEM II: Informational Exchange.
Ms. Larson stated that she had done staff approvals for sign alterations at the Casco Bay Yacht Exchange, CompUPay, and the Freeport Tack Shop. She also noted that the annual meeting with the Town Council will be on January 24, 2006. If the Project Review Board wants to meet, an agenda needs to be set. If the Board does not want to meet, we need to let the Council know.

ITEM III: Design Review Certificates
Clementine’s Café and Market – 181 Lower Main Street
The applicant is proposing alterations to an existing ground sign. No other changes are proposed. Class C property. Tax Assessor Map 8, Lot 22. Barbara S. Blackburn, applicant; PRP LLC, owner.

Ms. Larson explained that the applicant is seeking an after-the-fact approval to change an existing sign at 181/183 Lower Main Street. The existing ground sign will remain and the applicant will add two smaller (3’x1’) hanging signs on the street side of the existing fixture. The signs will be made of a special sign plywood and have a blue background with white lettering to match the existing sign. The applicant would like the flexibility to rotate out the signs to advertise as appropriate. Fred Reeder has reviewed the signs for their compliance with the Freeport Sign Ordinance.

Barbara Shipley, applicant, was present and stated that the new signs are needed in part because the existing sign is blocked by the Gritty’s sign and a telephone pole.

Sec. VIII.C. Signs
The applicant is proposing changes to an existing sign at Clementine’s Café and Market. Two new 3’ x 1’ signs will be added to the street side of the existing sign. The signs will be made of a sign plywood and will be painted blue with a white background. The signs meet the standards of the Freeport Sign Ordinance.

Mr. Whitmore / Mr. Donahue moved to order that the Freeport Project Review Board approve the printed Finding of Fact and a Design Review Certificate for Barbara Shipley and Clementine’s Café and Market for sign alterations at 181 Lower Main Street, to be built substantially as proposed, submission dated 11/18/05 finding that it meets the standards of the Design Review 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) Prior to installation the applicant obtain a sign permit from the Freeport Codes Enforcement Officer. Vote: 5 Ayes / 0 Nays

Petrillo’s – 2 Depot Street
The applicant is seeking approval for a new awning with signage at 2 Depot Street. No other changes are proposed. Class C property. Tax Assessor Map 10, Lot 24. Dominic Petrillo, applicant; TIMM Holding, LLC, owner.

Ms. Larson explained that the awning will be 4’ tall x 4’ projection x 25’6” wide, with a 10” flat front rigid band for graphics. The material will be black fabric with “Petrillo’s” in white lettering on the front. The lettering will be 8 inches tall and 8 feet in length. The awning/sign will be on the front of the building over the entrances. The materials used to attach the awning to the building will not be visible from the road. Existing lighting will be used.

Sec. VIII.C. Signs
The applicant is proposing an awning with signage at 2 Depot Street. The awning will hand over the front entrances. The material will be black fabric with white lettering with the restaurant name. The awning will be 4’ tall x 4’ projection x 25’6” wide, with a 10” flat front rigid band for graphics. The sign meets the standards of the Freeport Sign Ordinance.

Mr. Dominic Petrillo, applicant, noted that he was present.

Mr. Donahue / Mr. Whitmore moved to order that the Freeport Project Review Board approve the printed Finding of Fact and a Design Review Certificate for Dominic Petrillo and Petrillo’s Restaurant for a new sign/awning at 2 Depot Street, to be built substantially as proposed, submission dated 11/23/05 finding that it meets the standards of the Design Review 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) Prior to installation the applicant obtain a sign permit from the Freeport Codes Enforcement Officer. Vote: 5 Ayes /0 Nays.

ITEM IV: Site Plan
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.

Ms. Larson explained that the addition and proposed site features will mimic the existing building and features of the site. Limited additional lighting and landscaping is proposed, as the parking areas and vegetative buffers are already established. The applicant will be relocating the access road along the side of the building. The Town Engineer has reviewed and approved the plans.

The Ordinance requires 1,105 parking spaces; 1,321 are provided on-site. Most of the parking is to the rear or the front of the building with employee access on each end. There is a truck staging area located to the rear of the existing building which will be re-located to one of the rear parking lots.

The applicant has received written approval from Maine Department of Transportation (MDOT) for the expansion. As part of the previous approval from MDOT, the applicant is required to monitor traffic during the summer on the overpass bridge on Desert Road. At this time the bridge is adequate to handle the traffic. The Town has requested $32,000 to cover the cost of repaving the section of Desert Road from the railroad tracks to Hunter Road from damage done by construction vehicles (see memo dated 12/09/05 from Albert Presgraves). The town will be responsible for shimming and overlaying that section of road when all of the construction is completed. The applicant and the Town have agreed that 50% or $16,000 would be paid when a building permit is applied for and the balance or $16,000 would be paid just prior to issuing the certificate of occupancy.

The applicant received a permit from the Maine Department of Environmental Protection (DEP) in 1993 for the master plan for this site. The permit has been amended as needed, and the DEP has reviewed and approved these plans as part of that permit. The applicant will still need to apply to the DEP for a NRPA Wetland Permit. The Town Engineer has also reviewed the Stormwater Management Plan and is it his recommendation that the applicant enter into a Maintenance Agreement for a Stormwater Facilities Management System with the Town of Freeport.

The applicant will connect to both public water and sewer. The applicant has received written approval from the Freeport Sewer District. Written approval for the connection to the public water system will be needed from Aqua Maine prior to the start of construction.

Will Conway, Sebago Technics, noted that he was present to answer questions from the Board. Mr. Whitmore asked about the impervious area on the site and the relation to the approved DEP Permits. Mr. Conway explained that 1.4 million s.f. of building was approved with the original DEP Permit with the Master Plan in the 1990’s. With this new addition the total will be 1.1 million s.f. as the applicant has determined that some of the area originally proposed is not needed. The parking is different than originally approved, however permits were obtained for the additional parking. Overall there has been a slight decrease in impervious area from the original plan and the original stormwater and drainage system was designed to handle the drainage from the full build out. The water runs off towards the rear of the property into a stable wetland before going into the brook.

There were no public comments.

Proposed Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
a. Preservation of Landscape.
The expansion will be consistent with the existing site features. The 100 foot vegetative side buffer will be retained. An existing road along the side of the existing building will be relocated. New plantings will be added to the front of the addition to screen the view of the addition from the road.

b. Relation of Proposed Buildings to the Environment.
The addition will be added to the side of the existing building and will mimic the features of the existing structure. This parcel is not within the Design Review District. A road will be relocated along the side of the addition. The existing 100 foot vegetative buffer will be retained.

c. Vehicular Access.
The road to the campus will be relocated to the side of the addition. No additional curb-cuts will be created. As part of a previous MDOT permit, the applicant is required to monitor the traffic on the bridge over Desert Road during the summer. The applicant has agreed to pay the Town of Freeport $32,000.00 towards the repaving of Desert Road from the railroad tracks to Hunter Road. Half of the money will be due with the submission of the building permit and the other half will be due prior to the Certificate of Occupancy is issued. The payment will cover the cost of any damage caused to the road from construction vehicles.

d. Parking and Circulation.
The ordinance requires 1,105 spaces; 1,321 are provided on-site. There will be no changes to pedestrian access as employee parking is to the rear and front of the building with access points on each end. The truck staging area will be located to the rear of the building.

e. Surface Water Drainage.
The applicant has existing stormwater facilities on-site which have been designed to handle any additional stormwater from this project. The applicant received the original approval for the project from the DEP in 1993. The applicant, as a condition of approval, will contact the DEP to get their approval to state that the proposal is approved as part of the previously approved DEP permit. The Town Engineer has also reviewed the Stormwater Management Plan and is it his recommendation that the applicant enter into a Maintenance Agreement for a Stormwater Facilities Management System with the Town of Freeport, prior to the start of construction (memo dated 12/09/05).

f. Utilities.
Utilities are existing. In a letter dated 12-05-05 the Freeport Sewer District states that they have the availability and capacity to serve the project. The applicant will need to receive written approval, prior to construction, from Aqua Maine approving connection to the public water utility.

g. Advertising Features.
No new signs are proposed.

h. Special Features.
A truck staging area will be relocated and part of the southernmost parking area will be modified to accommodate for these changes.

i. Exterior Lighting.
New light posts will be installed along the front and site of the new addition.

j. Emergency Vehicle Access.
All public safety department heads have reviewed the plan.

k. Landscaping.
There is an existing 100-foot vegetative buffer along the side property line. Additional plantings will be planted in front of the addition to screen the view of the building from the road.

l. Environmental Consideration. A site plan shall not be approved unless it meets the following criteria:
The applicant should follow the DEP Best Management Practices for Erosion Control during construction. The parcel is not within the Shoreland Zone. No historic or archeological resources have been identified on-site. The project will be connected to the public water and public sewer system. The applicant has received permit approval from the Maine Department of Environmental Protection and the US Army Corps of Engineers. As a condition of approval, the applicant will need to get in writing approval from the DEP stating that the expansion is covered by the DEP approval originally granted for the site.

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

Mr. Whitmore / Mr. Anderson moved to order that the Freeport Project Review Board approve the printed Findings of Fact and Site Plan Amendment for the LL Bean Order Fulfillment Center on Desert Road, plans dated November 23, 2005, 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 to cover the cost of construction and approved by the Town Engineer, in a form acceptable by the Town Attorney be established prior to construction. The performance guarantee shall cover the cost of site improvements including stormwater management, road construction, landscaping and erosion control. Along with the performance guarantee, a non-refundable administrative fee of 2% of the performance guarantee be paid prior to construction.
3. The applicant establish an inspection account, in an amount to be determined by the Town Engineer, for inspection of the site improvements prior to construction.
4. Prior to construction, the applicant receive written approval from the Maine Department of Environmental Protection for a NRPA Wetland Permit for the proposed filling of some wetlands on the property.
5. The applicant pay $32,000.00 to the Town of Freeport to cover the cost of any damage to the road from construction vehicles. The money will be use to repave Desert Road from the railroad tracks to Hunter Road with half of the funds being paid with the submission of the application for the building permit and half being issued prior to the issuance of a Certificate of Occupancy.
6. Prior to construction, the applicant receive written approval from Aqua Maine for the connection to the public utility.
7. The applicant enter into a Maintenance Agreement for a Stormwater Facilities Management System with the Town of Freeport, prior to the start of construction.
Vote: 5 Ayes / 0 Nays.

Mr. Goodall explained that the Board did not have a lot of questions on this project since the applicant and engineer did a thorough job with the submission and showed how they met the standards of the ordinance.

Mr. Whitmore asked about the filling of wetlands. Mr. Conway stated that no wetlands could be filled without a permit. Ms. Larson noted that this is closely monitored by the DEP as well as the Town of Freeport.

Mr. Goodall recused himself from review of the next item as he is an abutter.

ITEM V: Subdivision
Kelsey Brook Subdivision – Preliminary Approval
The applicant is proposing a 15-lot open space subdivision on 62.03 acres on Litchfield road. Approximately 42.46 acres will be preserved as open space. A new road off Litchfield Road is proposed. This parcel is in the RR-I Zoning District. Tax Assessor Map 19, Lot 65. Andre and Mary LeMaistre, owners; Kent Associates, representative.

Ms. Larson explained that Albert Frick of Frick Associates has completed his evaluation of the site. The issue of waste disposal has been resolved and the some of the lot lines have been adjusted accordingly. The systems will be as follows:
Lot 10 will have an individual system with a New System Variance (if waiver is approved)
Lot 15 will require pumping the waste to an individual field in the open space
Five lots will require individual systems clustered in the open space
Nine lots will have individual systems on their own lot.

Sevee and Maher Engineers, Inc. has done a Leachfield Nitrate Evaluation of the site. On a plan dated 11/22/05, the locations of the septic systems and wells along with the nitrate plumes are shown. Each lot can accommodate a well on-site and water quality impact within and beyond the boundaries of the subdivision will not be negatively impacted.

The proposed recording plan shows two building envelopes: one as permitted by the Town and one permitted by the developer. The Codes Enforcement Officer has reviewed the plans and has recommended that the final plans be revised to show the more stringent building envelope as permitted by the developer.

The applicant has received written approval from the Maine Historic Preservation Commission stating that the proposed subdivision will not have any negative impact on significant historic or archeological resources. The applicant is awaiting approval on final legal documents from the Town Attorney and will also need to get the final road design and drainage and erosion control plans approved by the Town Engineer prior to returning for final approval.

Bill Eaton has examined the site distance for the entrance of the new road. In a letter date 11/3/05 Mr. Eaton stated that there is more than adequate site distance for the road. The Town Engineer has also looked at the site distance; in his opinion the site distance from the road is adequate however, the left-turn site distance from Flying Point Road is marginal due to the vertical grade of Flying Point Road (see memo dated 12/08/05). Because the State intends to reconstruct the road next year, the Town will work with the State to improve the grade and site distance on Flying Point Road. However, the Town is requesting that the applicant contribute $19,950.00 to cover the cost of damage by construction trucks to Litchfield Road. The road is currently in good condition and not built to withstand heavy construction vehicles. The funds would cover the cost of a pavement shim and overlay and some gravel shoulder work between the subdivision and Flying Point Road. The applicant has not agreed to this.

The applicant has requested a waiver for the centerline radii of the road. The request would allow the centerline radii of the road to be narrower than required between Lots 1 & 2 and between 2&3. The Town Engineer has reviewed this request and since the section of road is on the side loop road, and due to the size and nature of the development, should provide for safe and adequate access to the development.

Mr. Brian Kent, Kent Associates, explained the changes made to the plan since the last meeting. He noted that the lots show building envelopes which are smaller than those permitted by the ordinance, due to the owner’s knowledge of the land and to allow for privacy and buffering. The proposed layout is the best use of the land and the home sites were determined using GPS. The building envelopes are still large enough to allow the owners with some flexibility.

Mr. Donahue asked about clearing restrictions. Mr. Kent stated that building envelope could be cleared 100% and the buffers could only be cleared 30%. A 25-foot buffer is required along Litchfield Road.

Mr. Marstaller asked if there was any open space which the homeowners are not allowed to use. Mr. LeMaistre stated that he will retain ownership of most of the open space and there is not a special provision to allow for use by the homeowners. It was noted by the Board that they encourage the developer to allow access to the open space or to create trails.

Mr. Marstaller asked about the details of the clustered disposal fields. Mr. Albert Frick, Albert Frick and Associates, stated that there will be a common trench with individual lines and stubs at each property to connect to a tank and pump station to bring the waste to the fields. The trench between Lots 1 and 2 will also provide a tote road for the construction of the systems, but otherwise the components will be in the shoulder of the right-of-way. Mr. Whitmore noted his concern for all the pipes being in the same trench and what would happen should a problem occur. Mr. Frick stated that the lines would be buried below the frost line and there would actually be very few connections. There would be the same failure potential as with a system located on an individual lot.

Mr. Anderson asked about the requested waiver for the New System Variance. Mr. Frick stated that a variance is requested for Lot 10. He briefly explained how the size, amount of fill, and cost of a system with a variance are all increased from that of a regular system. The consensus of the Board was that they were okay with the waiver request to permit a variance on Lot 10.

There were no comments from the public.

Ms. Larson asked the Board for input on the road improvements and requiring the developer to put money towards road improvements. Mr. LeMaistre stated that he would like time to investigate alternatives. Ms. Larson stated that an alternative to the applicant paying the Town and the Town doing the work would be that the applicant has the work done to town standards. The benefit of the town doing the work is that they generally have cheaper per ton costs. Ms. Larson gave a brief overview of methods the town has taken to ensure that if a road is damaged, improvements are made and this seems to be the best method. Mr. Whitmore agreed that this method would be a cost benefit to the applicant and was a good deal. Mr. Anderson noted that the Board has required similar improvements with other developments. Mr. Marstaller added that when improvements have not been required it has typically been because the roads have been under state ownership. He further noted that the Public Works Department would be improving the site distance at the expense of the Town. The Board agreed that as requested, the applicant could have more time to research this issue and they could discussion at the next meeting with the applicant being aware of the current improvement proposal.

Mr. Whitmore / Mr. Anderson moved to order that the Freeport Project Review Board approve a waiver of Article 11.6.B.2.a.3 to allow a lot within a subdivision to have a New System Variance for the septic system in that a normal system cannot be put on the site and other off site options are too far away and would require crossing a minor watercourse.

It was further ordered that the Freeport Project Review Board approve a waiver of Table 11.5-1 to allow a centerline radii of less than 190 feet, as in due to the section of road for which the waiver is requested, and due to the size and nature of the development, the road will still provide safe and adequate access to the road.

It was further ordered that the Freeport Project Review Board approve the Preliminary Plans for Kelsey Brook Subdivision, plan dated November 20, 2005 with the following conditions of approval:
1) The approval of the preliminary plan shall not constitute approval of the final plan, or intent to approve the final plan.
2) The Homeowner’s Association Documents and Road Maintenance Agreement be approved by the Town Attorney, prior to the applicant returning for final approval.
3) The final detailed road plans, a grading and drainage plan, and an erosion and sedimentation control plan be submitted and reviewed and approved by the Town Engineer and the Public Works Director prior to the applicant returning for final approval.
4) The building envelopes be revised to reflect the actual building envelopes that will be permitted by the covenants, as the setbacks are larger than what is currently required by the Freeport Zoning Ordinance.

Vote: 4 Ayes / 0 Nays

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

The Board reviewed proposed changes to the Freeport Subdivision Ordinance as presented in a document dated 08/02/05 and prepared by Ms. Larson. The proposed changes included the items the Board discussed at the prior meeting. The Board had the following comments on the proposed amendments:
- Contour intervals on conceptual plans should be no more than 5 feet;
- State law requires that abutters must be notified immediately after an application for a subdivision is received by the Town;
- Dimensions of parking spaces and other important measurements should be added to reduced plans so that they can be scaled if needed;
- When road improvements are required, if the developer wishes to make improvements on their own instead of paying the town and having the town do the work, it must be approved by the Town Council. Also, the fees/rates should be able to be adjusted by the Town Council;
- If a developer pays for improvements and another development then occurs on the same road, the staff would be responsible for determining a reimbursement schedule to the first developer, with an appeal of the decision going to the Project Review Board during the normal review process;
- If there is only one access to a development, there should be a way for emergency vehicles to access the lots in case road access is blocked. It was also suggested that emergency vehicle access be left open for review by Department Heads;
- A minimum road grade be added for cases where there is curbing on both sides of a road;
- Well locations be added to recording plan requirements.

ITEM VII: Persons wishing to address the Board on non-agenda items.
None.

ITEM VIII: Adjournment.
Meeting adjourned at 8:58p.m.

Recorded by Caroline Crean Pelletier