11/8 -
MINUTES
FREEPORT BOARD OF APPEALS
Monday, November 5, 2007
7 p.m.—Council Chambers
Attending: Chair Shannon Garrity, David Gagne, Tom Peredy, Doug Reighley and Rick Warren
Excused: Steve Bradbury
Absent: Sarah Dalton,
Chair Garrity called the meeting to order at 7 p.m. and explained the Board’s process to members of the public.
ITEM I: Minutes of the October 1, 2007 Board of Appeals Meeting
MOVED AND SECONDED: To approve the Minutes of the October 1, 2007
Board of Appeals Meeting as printed. (Reighley and Peredy) VOTE: (4 Ayes)
(1 Abstention—Garrity) (1 Excused—Bradbury) (1 Abstention—Dalton)
ITEM II: Tabled Matters and Unfinished Business:
None
ITEM III: Public Hearings
Eric and Jacqueline Andrews, 49 Webster Road, Tax Map 26, Lot 22B-6, Book 13455, Page 274—To consider a side setback reduction for an addition to an existing dwelling, zoned RR 1, 50’ side setback required.
Mr. Andrews explained that they would like to put an addition on the back of their house for his mother-in-law so that they can care for her. She is losing some of her independence. Mr. Reighley asked him how he determined the boundary. Mr. Andrews explained that he measured from the cemetery boundaries. Their property was surveyed when they purchased the house.
Mr. Warren explained the five criteria for a setback reduction in the Ordinance. Mr. Andrews explained that the addition is designed to conform to the regular features of the existing house but it will not be seen from the Webster Road. He noted how uncomplicated it will be for his mother-in-law to access the house from the planned location.
Chair Garrity opened the public portion of the meeting. There were no comments or correspondence provided. Chair Garrity closed the public portion of the meeting.
Chair Garrity asked if the measurements included the overhang and Mr. Andrews indicated that they did. Mr. Warren asked if accessory apartments are included in the new Ordinance provided by Mr. Reeder. Mr. Reeder was not sure.
MOVED AND SECONDED: To grant a 21’ north side setback reduction to Eric and Jacqueline Andrews, 49 Webster Road, Tax Map 26, Lot 22B for the construction of an addition to the house for a mother-in-law style-apartment based upon the plans signed and dated this night. (Reighley & Warren) ROLL CALL VOTE: (5 Ayes) (1 Excused—Bradbury) and (1 Absent—Dalton).
Freeport Sewer District, 78 South Street, Tax Map 6, Lot 7, Book 8368, Page 0284—To consider variances for the construction of a generator building, zoned RP 1, 50’ front setback required, 100’ water setback required.
Tom Allen, Superintendent of the Freeport Sewer District, explained that the District upgraded their pump station and the existing generator is not compatible. The DEP recommended putting a propane generator on site versus a diesel generator. Diesel generators are louder and emissions are a concern. They cannot put a propane generator in the pump station because it is below ground. They would like to build a small generator building to house the generator currently sitting on the site. He noted that most of the lot is covered with easements for sewer lines coming in. The biggest issues are the pond and the road. He estimates that the building is more than 75’ to the Harraseeket River and 35’ from Allen Pond. It’s 19’ to the edge of the road. Chair Garrity asked about regulations concerning propane. Mr. Allen advised that propane needs to be 10’ away from any structure and 10’ away from any electrical source. They are proposing a 10’ x 15’ building and the generator will take up most of the space. There is enough room for maintenance. The height of the wall is 8’. Dr. Peredy asked if the building has been constructed. Mr. Allen stated that they have started construction of the building. He shared photos of the area as well as photos of other buildings in Freeport that are similar. Mr. Reeder noted that work had to be stopped on the building.
Mr. Warren asked about the amount of operation time estimated. Mr. Allen estimated that the generator would probably run three times a year but this is only an estimate.
Chair Garrity opened the public portion of the meeting. She read an e-mail from Lynn Espy stating that she is in favor of it as long as the building doesn’t look like an industrial building. She would like the design to be aesthetically pleasing and encouraged the Board to listen to members of the public.
Bill Richardson of Varney Road noted that he only heard of this today and he is curious as to what the building is going to look like. Photos were shared of what it could look like. It could be gray with white trim.
Bob Stevens of 4 Porter’s Landing would like the building to be smaller that what is proposed. He estimates that the generator is only 4’ high. He would prefer that the roofline not be above the existing trees. His concern is with the size and height and suggested possibly changing the design to a flat roof. He also suggested adding more plantings. It would be nice to have a vegetated buffer. He likes the siding that has been chosen. He would like to know the size of the propane tank and where it will go. Mr. Allen offered to reduce the height but noted that they need space to service the generator. They need room to get it out. The doors were put on the back so that they are out of sight.
Rod Regier of South Street noted that he is in favor of this project. He doesn’t want the discussion on aesthetics, which are important, to jeopardize the more basic question of why a variance is needed. He has been involved in a water quality project in the Harraseeket River for some time. He mentioned that the problems with the Sewer District during bad weather are well known and this is a very necessary step for correcting and protecting some of the water quality problems in the Harraseeket River. He urged the Board to approve the variances.
Victoria Stefanakos noted that this appears to be a valuable improvement. The building appears to be tucked in well amongst the vegetation but she has concerns with the height. It’s a historical district and scenically beautiful. She would prefer the building to be as small as possible. Mr. Allen offered to add more trees.
Mr. Stevens feels this is an important project but is concerned with noise. He asked if it would be helpful to add sound insulation to the building. Mr. Allen noted that the building would be well insulated. He mentioned that the roof could be shortened by a couple of feet. The exterior will be gray cedar clapboards with white trim. Chair Garrity closed the public portion of the meeting.
Mr. Warren pointed out that he did not want to compromise what the manufacturer requires for space to do the required maintenance. Mr. Allen mentioned that the manufacturer indicated they would like 3’ around the generator. The propane tank will be on the backside where the doors are located. Mr. Allen informed the Board that he has been looking at an option for putting the propane tank underground. More discussion followed. Mr. Warren pointed out in this application there is a compelling need to allow the building to be built on that site.
Mr. Warren noted that the abutters have to look at the building all the time. He asked if the Board would be willing to ask Mr. Allen to show the final plan to Mr. Stevens, Mr. Regier, Ms. Stefanakos, the Espys and Jack and Dede Montgomery. Board members concurred that at least three abutters should be contacted. Mr. Allen agreed to share the final plan with the abutters.
MOVED AND SECONDED: To grant that the conditions of hardship have
been adequately satisfied in both written and oral testament this evening. (Reighley and Gagne) ROLL CALL VOTE: (5 Ayes) (1 Excused—Bradbury)
(1 Absent—Dalton)
MOVED AND SECONDED: To grant a variance for the construction of a generator building to the Freeport Sewer District, 78 South Street, Tax Map 6, Lot 7 with an Allen Pond water setback of 66’ and a front setback of 32’ as well as a 30’ shoreland setback reduction as shown in the plans signed and dated this night. (Reighley & Gagne) ROLL CALL VOTE: (5 Ayes) (1 Excused—Bradbury)
(1 Absent—Dalton)
ITEM IV: New Business
Mr. Reeder pointed out that the Town Attorney would be meeting with the Board on February 5.
Dr. Peredy mentioned he would not be able to attend. Chair Garrity offered to check her schedule.
ITEM V: Adjournment
MOVED AND SECONDED: To adjourn at 8 p.m. (Reighley & Warren)
VOTE: (5 Ayes) (1 Excused—Bradbury) (1 Absent—Dalton)
Respectfully Submitted,
Sharon Coffin
Recorder
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