11/1 -
To be approved at the next Town Council Meeting
MINUTES
FREEPORT TOWN COUNCIL MEETING #18-06
FREEPORT COMMUNITY CENTER
OCTOBER 17, 2006 ˇV 7:00 PM
CHAIRPERSONˇ¦S CALL TO ORDER PRESENT ABSENT EXCUSED
John Arsenault, Prout Road x
Genie Beaulieu, P.O. Box 74 x
Charlotte Bishop, Maquoit Drive x
James Cassida, 5 Timber Ridge Road x
Rich DeGrandpre, Timber Ridge Road x
Joe Migliaccio, 2 Vinmar Lane x
Frederick White, 45 Pleasant Hill Road x
Chair Cassida called the meeting to order at 7 p.m. and welcomed everyone to the new Community Center. He mentioned that there are still some finishing touches that are needed.
FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #17-06 held on October 3, 2006 and accept the Minutes as printed.
MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #17-06 held on October 3, 2006 and accept the Minutes as printed. (White & Bishop) VOTE: (7 Ayes)
SECOND ORDER OF BUSINESS: Announcements
Councilor DeGrandpre pointed out that beverages and cookies are for sale out in the hall to benefit FCS.
Vice Chair Bishop announced that a wonderful volunteer picnic was held at Harb Cottage on Sunday. She thanked everyone for coming and all the merchants for their donations. She noted that Mrs. Gray donated an overnight package that was raffled off at the picnic and the money was donated to the Community Center.
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THIRD ORDER OF BUSINESS: Public Comment Period ˇV 30 Minutes (Non-Agenda Items Only)
MOVED AND SECONDED: To open the Public Comment Period on non-agenda Items only. (Beaulieu & White) VOTE: (7 Ayes)
Bill Becker explained the TABOR referendum that he drafted which will appear as Question 1 on the November ballot. Lois Kilby-Chesley, Freeport teacher, spoke in opposition to TABOR. Martin Robles, Chair of Freeport School Committee spoke in opposition to TABOR. Colin Hill, visiting his aunt in Freeport, spoke in favor of TABOR. Anne-Marie Spizzuoco, president of the Freeport Education Association, spoke in opposition to TABOR.
MOVED AND SECONDED: To close the Public Comment Period on non-agenda Items only. (White & Bishop) VOTE: (7 Ayes)
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FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.
ITEM #143-06 To consider action relative to adopting the October 17, 2006 Consent Agenda.
BE IT ORDERED: That the October 17, 2006 Consent Agenda be adopted. (Bishop & DeGrandpre)
Chair Cassida explained the items on the Consent Agenda for members of the public.
ROLL CALL VOTE: (7 Ayes)
ITEM #144-06 To consider action relative to amendments to the Zoning Map; Commercial 2, Rural Residential 1, Resource Protection 2 and Medium Density Residential 2, to provide for a Retirement Community Overlay District. Public Hearing
MOVED AND SECONDED: That the Public Hearing be opened. (DeGrandpre & Arsenault) VOTE: (7 Ayes)
Chair Cassida explained that the Council is not here tonight to debate the merits of this particular
project but rather to determine that the proposed amendments to the Zoning Map are consistent
with the Comprehensive Plan. He asked everyone to keep their comments brief and to the point.
Mr. Olmstead mentioned that the Town Planner is in attendance. Town Attorney, Chris Vaniotis
is also on hand.
Drew Wing, Managing Partner of Freeport Living, LLC, provided a brief overview of the plan to
construct a 151 resident retirement community on nearly 48 acres bordered by Pine Street,
Stagecoach Road and the Winston Hill Road. He addressed all of the questions that were raised
at the last meeting. He mentioned that the Resource Protection area will be offered to the
Conservation Trust to manage walking trails for the general public. As for affordability, Mr.
Wing indicated that some of the cottages would be offered at prices considered affordable for
Freeport residents or family of Freeport residents. People will be able to pick and choose
the services they want. He estimated that some of the housing could be offered for
$169,797 but pricing is ultimately decided by market trends. He indicated that they would have a
gate on Pine Street to prevent vehicular traffic but he did not know what it would look like. He
noted that they have met all the criteria in the Ordinance and are asking the Council to vote in
favor of the Zoning Map amendments.
Almost every speaker supported the need for a retirement community in town but some
voiced concern with the location chosen.
Sharing viewpoints were the following: Edward Bonney, longtime Freeport resident, Carter
Becker, Freeport resident, Lesa Andreasen, Pine Street resident, Dan Broderick, Freeport
Resident, Stephanie Slocum of FEDC, Victoria Devlin of Randall Road, Ken Nye of Lambert
Road, Bob Stevens of Porterˇ¦s Landing, Doug Reighley of Harbor Ridge Road, Eric Horne of
Pine Street, George Congdon of Giddings Way, Douglas Martin, Freeport resident, Peter Moore
of Torreyˇ¦s Hill, Tom Schwarm of Groverˇ¦s Crossing, Harry Senter of Kendall Lane, Cathy
Bither of Bishop Farm Road, Edna Rosengren of Lambert Road, Mike Fox, David Latulippe of
Primrose Lane, Jerry Kennedy of Pine Street, Jay Broderick, Stephanie Helms of Cottage Street,
Julie Coleman of Winston Hill.
Robert Aranson from the Winston Hill area submitted a list of questions for Councilors. Kevin
McElroy explained that he was approached by the developer for a right-of-way through his
property so he does have a financial interest in this project. He owns the Frost Gully Violin
building on Route One South.
Jim Katsiaficas, attorney representing Citizens for Neighborhood Preservation, explained the
reasons why they oppose this project at this location.
John Seavey, engineer and geologist whose expertise is ground water, pointed out that the
environmental issues would be dealt with independently by the Project Review Board under Site
Plan Review. This project will tie into the Townˇ¦s sewer system and will be safer than
residential homes with private septic systems.
MOVED AND SECONDED: That the Public Hearing be closed. (Migliaccio & Arsenault) VOTE: (6 Ayes) (1 ExcusedˇXDeGrandpre)
Councilor Beaulieu pointed out that if this parcel was developed into two-acre lots with houses
and septic systems, it would have a more adverse effect on wells in the area. The proposed
project is planning on using the Town Sewer so it takes the groundwater concern right off the
table for the neighbors. Councilor Migliaccio noted that he would like to get a clarification on
the bedrock aquifer.
Councilor Migliaccio asked what the Council could do should the project become very visible.
Mr. Vaniotis pointed out that the Town Planner and Project Review Board would have to look at
the project and if it is not consistent, it would have to return to the Council.
More discussion followed. Councilor Migliaccio doesnˇ¦t see a compelling reason to change the zones if there is no guarantee of affordable housing or generation of taxes. He does not see the need to violate the neighborsˇ¦ expectations on what zoning is in this town. He would prefer to send it back to the Planning Board. He mentioned that almost everyone spoke about a need in the community this evening and yet this project is really about land use.
Councilor Beaulieu noted that it appears the Council is getting lost in its role and in what the Project Reviewˇ¦s Board role is. She mentioned that the Council must agree with the overlay district or not. If Councilors feel comfortable with it, they should send it off to the Project Review Board and let them perform their role. They will hold the necessary public hearings.
Councilor Bishop noted that when sewer and water was extended down Route One South, there wasnˇ¦t much there and the Town did not want a strip mall developed. The bulldozers are not coming in tomorrow morning and she is confident that the Project Review Board and the DEP will take a look at the existing issues. She is confident that the area is secluded enough that it will not be as big an impact as what could occur in that area. She is aware that no one wants their neighborhood to change but changes happen and it is not always the change that we want. This is happening in every neighborhood, noting the Litchfield Road and its two proposed housing developments.
Councilor Arsenault pointed out that this project has gone through multiple public processes and the developer has spent a considerable amount of money to get this far. He feels it is a good project and the developer has every right to apply for it. He will support it.
Councilor DeGrandpre shares the neighbors concerns but feels the existing trees will shield the height of the buildings and the project will not be very visible. He supports the project.
Councilor Beaulieu mentioned that she has received calls from people that are in support of this project.
Chair Cassida pointed out that this is not a debate about the merits of the project. The Council needs to determine if the project is compatible with the surrounding area. He feels it is and is a wonderful use of this property. Everything else will be handled through local reviews as well as State reviews. He views it is a perfect bridge between the commercial and residential zones.
Councilor White indicated that he does not like the Overlay District being handled in this manner
and the Council should designate where one belongs and not have it float. He can support the
changes with the following three recommendations:
1. The Council should give specific direction to the Project Review Board of what its concerns are regarding groundwater.
2. The developer should be required to enter into an agreement that ensures that a consistent flow of revenue continues to the Town should the retirement community become nonprofit.
3. Direct the Town Manager to enter into discussion with the developers about placing a conservation easement on the property that is zoned RP and MDR zones to prevent future development in those zones.
Mr. Vaniotis pointed out that the Town does not have contractual zoning available and can only rely on the developer to follow through on these recommendations. Councilor White asked for support in these three recommendations. Chair Cassida noted he would be comfortable as long as they are in the form of a recommendation and Mr. Wing is willing to have discussions on them.
Councilor White suggested that the Council direct the Planning Board to review the Overlay District and recommend an amendment to eliminate it so the Council wonˇ¦t have to go through this again. Chair Cassida suggested discussing it with the Planning Board in November.
BE IT ORDERED: That the proposed amendments to the Zoning Map to provide for a Retirement Community Overlay District be approved based on findings made by the Planning Board and the Councilˇ¦s determination that the proposed amendments are consistent with the Comprehensive Plan. (DeGrandpre & Arsenault)
ROLL CALL VOTE: (6 Ayes) (1 NayˇXMigliaccio)
ITEM #145-06 To consider action relative to proposed amendments to the General Assistance Ordinance concerning Appendixes Updates (Maximum Levels of Assistance) (Chapter 46). Public Hearing
MOVED AND SECONDED: That the Public Hearing be opened. (Arsenault & Bishop) VOTE: (7 Ayes)
Mr. Olmstead explained that the levels of assistance have to be established each year.
MOVED AND SECONDED: That the Public Hearing be closed.
(Migliaccio & Arsenault) VOTE: (7 Ayes)
BE IT ORDERED: That the proposed amendments to the General Assistance Ordinance be approved. (Arsenault & Bishop) ROLL CALL VOTE: (7 Ayes)
ITEM #146-06 To consider action relative to establishing fees for the use of Cable Studio equipment.
BE IT ORDERED: That the following Cable Studio equipment fees be established.
„X Projector rental 75.00 per day
„X Screen rental 10.00 per day
„X Laptop rental 50.00 per day
„X Powered speaker 25.00 per day
„X Delivery & set up 25.00 per rental
„X DVD player 12.00 per day or event
„X PA equipment i.e. misc. cables, stands etc. 25.00 per day
BE IT FURTHER ORDERED: That only non-profit groups and organizations from Freeport be allowed to rent equipment for use within the Town of Freeport. (Migliaccio & Arsenault)
Mr. Olmstead explained that Rick Simard did a market study on the fees. The money would be used to replace equipment.
MOVED AND SECONDED: To add a condition that the equipment has to be returned in the same condition as it was taken and if anyone breaks the equipment, he or she should pay for the deductible to fix it. (Bishop & Arsenault) VOTE: (7 Ayes)
Councilor Beaulieu pointed out that she doesnˇ¦t think this is a business the town should be in and she will vote against it. There are places that rent this type of equipment. Other Councilors agreed.
Rick Simard agreed with Councilor Beaulieu and suggested keeping the equipment in the Town office and use it for municipal purposes only. Mr. Olmstead wanted the Minutes to reflect that the Council did not want the equipment loaned out at all.
ROLL CALL VOTE ON AMENDED MOTION: 2 Ayes (Cassida and Bishop) 5 Nays.
OTHER BUSINESS:
1. Discussion on Potterˇ¦s fence and response to proposed Indenture Agreement.
Mr. Olmstead explained the agreement and the response that has been received. Because of the lateness, Mr. Olmstead offered to put this item on the next agenda.
MOVED AND SECONDED: To table the remaining items to November 14. (Bishop & Arsenault) VOTE: (7 Ayes)
2. Discussion on towing rates. ˇV Councilor Bishop
3. Information Exchange.
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Councilor Migliaccio suggested putting a moratorium on the Overlay District for six months. Mr.
Olmstead explained what is involved in doing so as well as the types of moratoriums that exist.
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MOVED AND SECONDED: To adjourn at 1 a.m. (Bishop &
DeGrandpre) VOTE: (7 Ayes).
Respectfully Submitted,
Sharon Coffin
Council Secretary
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