02/22 -

FREEPORT PROJECT REVIEW BOARD MINUTES
FREEPORT TOWN HALL COUNCIL CHAMBERS
WEDNESDAY, JANUARY 9, 2008
6:30p.m.

PRESENT: David Marstaller (Chairperson), Jane Benson (arrived at 6:35pm), Cliff Goodall, James Gorman, Dale Whitmore and Donna Larson (Town Planner). Erik Anderson and Jason Donahue were excused.

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

ITEM I: Approval of the minutes from the December 12, 2007 Project Review Board meeting.
Mr. Whitmore / Mr. Gorman moved to waive the reading of the minutes from the December 12, 2007 Project Review Board and to accept them as printed. Vote: 4 Ayes / 0 Nays

ITEM II: Informational Exchange
Ms. Larson informed the Board of approvals from the Staff Review Board which included:
- Change of use for Bucks BBQ at the former Dexter Shoe property on Route One
- Change of use for Alta Dental at the former Lindal Cedar Home building on Route One
- Fill permit for Thos. Moser at 22/24 Main Street.

Ms. Larson also informed the Board of the following:
- A Staff Approval was done for LL Bean for a covered walkway on the back side of the new
Hunt/Fish building. It will not be visible from the road.
- The Project Review Board had approved an addition in September for an addition at 13
Middle Street. There was discussion at that meeting about the doors and windows, and the Board left it open for the applicant to come up with something that worked. She showed the Board a picture of what the applicant had come up with.
- The review of the crematory has been tabled. There was a question of the land ownership and
as the land needs to be part of a cemetery. The applicant will not return to the Board until
the land transfer is complete.
- The Project Review Board will have their meeting with the Town Council in February. The
Board can discuss the items they want to talk about at the next meeting.

Mr. Goodall asked about the application from the owners of the Lobster Cooker for outdoor seating. The owner came to the Board in the spring and the Board said no and that they would need to return to the Board with a revised plan. Ms. Larson stated that she had spoken with the applicant recently, they do have a few options, and are aware that they cannot put seating in front.

ITEM III: Approvals
Total Concepts Inc. - Site Plan Renewal
The applicant is seeking a renewal of a site plan for a 9,200 s.f. building to be used as an office for a modular home construction company on US Route One North. Tax Assessor Map 21, Lot 27-1. Total Concepts Inc., owner and applicant.

Ms. Larson explained that the applicant’s site plan approval expires this month and they are seeking a renewal of the approval for a 9,300 s.f. office building on US Route One North. This will be the fifth renewal of the approval and no changes to the plan are proposed. No town ordinances affecting this proposal have been amended during the past year, however State of Maine rules regarding stormwater management have changed since the plan was designed. Albert Presgraves, Town Engineer, has reviewed the plan and has recommended some changes to the plan (see memo dated February 1, 2006) to make the plan comply with the new DEP Chapter 500 Stormwater Rules. He has also recommended that the applicant enter into a Stormwater Facilities Maintenance Agreement with the Town of Freeport. Both items have been added as conditions of approval, with the plan revisions to be approved by the Town Engineer prior to the start of any site work.

Kassi Pitassi, applicant, stated that she has nothing new to add. The property is still for sale, but they may still build it. Mr. Goodall stated that there are multiple properties for sale on US Route One and the Ordinance requirements and specifications are specific to a set of plans presented and one would not be able to build something else without approval. When people decide to not build and sell, it seems that the intent of the building is gone as there is someone new in it. Re-approval is discriminatory and this lot is really for sale with a permit and unless someone is going to build the exact same thing they will have to come back. He thought that if there was no intention of this applicant to actually build the building, then the Board should deny the request, but since they may build it, feels that the Board should proceed. Ms. Pitassi stated that they may build the building and that has been their intent for the past few years.

Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
a. Preservation of Landscape.
The proposal will keep with the character of the abutting properties and will include the required 25-foot landscaped setback.

b. Relation of Proposed Buildings to the Environment.
Entrance to the site and the parking areas will abut the neighboring commercial use. Stormwater management facilities will be located to the rear of the building. The façade of the building will mimic that of the abutting commercial property.

c. Vehicular Access.
There will be one access point off Route One. The driveway will serve two-way traffic and have a turn-around area at the end. All public safety heads have reviewed the plan.

d. Parking and Circulation.
Interior drives and parking spaces meet the space standards of the Zoning Ordinance. A pedestrian walkway will abut the building.

e. Surface Water Drainage.
The applicant has submitted plans for stormwater management. The Town Engineer has reviewed the plans and has recommended that a few changes be made prior to the start of construction.

f. Utilities.
The applicant will have private water and wastewater disposal system. The location of the test pits and the septic system have been shown on the plan. All utilities will be underground.

g. Advertising Features.
A kiosk sign is proposed with the location being shown on the plan. Once occupied, individual tenants might place business signs on the building. Any signs will need to be approved by the Codes Enforcement Officer for their compliance with the Freeport Sign Ordinance.

h. Special Features.
There will be a dumpster to the rear of the building. The dumpster will be screened with a picket fence and plantings.

i. Exterior Lighting.
Lighting is shown on the plan. The applicant has submitted spec sheets on the proposed lighting fixtures.

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

k. Landscaping.
The applicant intends to preserve some of the existing vegetative buffer. Additional plantings are proposed abutting the front of the building and placed on island and drainage areas in the parking lot. There will also be plantings as part of the screening of the dumpster.

l. Environmental Consideration.
All of the above conditions have been met.

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

Mr. Goodall/ Mr. Whitmore moved to order that the Freeport Project Review Board approve the site plan for 1183 US Route One, dated 10-10-03, revised 12-10-03, to be built substantially as proposed, finding that it meets 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 an the amount to be approved by the Town Engineer, to cover the cost of all site work, 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 to be approved by the Town Engineer, be paid prior construction.
3. Establish an inspection account, in the amount of $1,000.00, for inspection of the site improvements prior to construction.
4. The applicant and the Town enter into a Stormwater Facilities Maintenance Agreement, to be recorded in the Cumberland County Registry of Deeds, prior to any site work.
5. The recommendations made by the Town Engineer, in a memo dated February 1, 2006, be changed on the plan and approved by the Town Engineer prior to any site work.
Vote: 5 Ayes / 0 Nays

Tommy Hilfiger – 100 Main Street
The applicant is seeking a Design Review Certificate for signs at their new store on Main Street (former Dansk/Lenox location). Design Review District I – Class B building. Tax Assessor Map 11, Lot 100-ETC. Tommy Hilfiger, LLC, applicant; New Hudson Associates, owner; Sign Solutions, representative.

Ms. Larson explained that the applicant is proposing 2 new business signs at their new location on Main Street (former Dansk/Lenox). The original proposal submitted included more signs, however the applicant is limited to two signs, as that what was allocated for the previous tenant. All signs have been reviewed by Fred Reeder for their compliance with the size requirements of the Freeport Sign Ordinance.

The applicant is proposing two logo signs on the upper story of the building which will replace the existing “Lenox” signs. The signs will be 38.42 s.f. The signs will be made of foam and have vinyl graphics. The signs will be externally illuminated with gooseneck lighting fixtures. The fixtures will match those used on other signs on the building. A photo has been included in the packet.

Bill Mahl, representative, stated that he was present to answer any questions.

Design Review Ordinance: Chapter 22 Section VII.C.10.
Signs: The applicant is proposing (2) 38.42 s.f. logo signs; one on the Main Street side of the building and the other on the Bow Street side of the building. The signs will be made of foam and have vinyl graphics. The signs will be illuminated with gooseneck lighting fixtures.

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

Mr. Whitmore / Mr. Gorman moved to order that the Freeport Project Review Board approve the printed Findings of Fact and a Design Review Certificate for Tommy Hilfiger for a new signs at 100 Main Street, to be built substantially as proposed, proposal dated 11/19/07, revised 01-02-08, finding that it meets the standards of the Freeport 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 construction, the applicant obtain a sign permit from the Freeport Codes Enforcement Officer.
Vote: 5 Ayes / Nays

Brown Goldsmiths – 11 Mechanic Street
The applicant is seeking a Design Review Certificate for exterior alterations to two windows on the ground level of the building and to add new gooseneck lighting fixtures over an existing sign. Design Review District I – Class B building. Tax Assessor Map 11, Lot 96. Stephen and Judith Brown, applicant and owners.

Ms. Larson explained that the applicant is seeking a Design Review Certificate for exterior alterations to two windows on the ground level of the building and to add three new gooseneck lighting fixtures over an existing sign. The applicant will be creating “boxed-out” windows by bumping out the windows 8 inches. The windows will still remain covered by the awning. A copper roof will be installed on the top of the windows and support brackets will be added below along with a 2 1/2” apron. The trim on the remainder of the windows will remain as is.

Steve Brown, applicant, stated that the building was originally a Masonic hall built in the 1800’s. When they purchased the building, it was painted a yellow/cream color, and they will be painting the building closer to that color. They will also be replacing the existing awnings and they will now be black with a pin-stripe. Mr. Goodall stated that due to time the building was constructed and the Italianate features, it would be appropriate to have box projected windows and therefore consistent with the Ordinance.

Design Review Ordinance: Chapter 22 Section VII.C.
1. Scale of the Building.
The scale of the building will not be altered.

2. Height.
The height of the building will not be altered.

3. Proportion of Building's Front Facade.
The proportions of the front façade will not be altered.

4. Rhythm of Solids to Voids in Front Facades.
The rhythm of solids to voids in the front façade will not be altered.

5. Proportions of Opening within the Facility.
The proportions of the windows will not be altered, however the window will be bumped out 8 inches.
A copper roof will be added above the windows with a 2 ½” apron and support brackets being added
to the bottom.

6. Roof Shapes.
The roof shape will match that of the dwelling.

7. Relationship of Facade Materials.
The windows, trim, and siding will be wood. The roof above the window will be copper.

8. Rhythm of Spaces to Building on Streets.
The rhythm of spaces to building on the street will not be altered.

9. Site Features.
No site features will be altered.

10. Signs.
No signs are proposed however the applicant will be installing three gooseneck lighting fixtures over
the sign on Middle Street side of the building.

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

Ms. Benson / Mr. Whitmore moved to order that the Freeport Project Review Board approve the printed Findings of Fact and a Design Review Certificate for Brown Goldsmiths for exterior alterations at 11 Mechanic Street, to be built substantially as proposed, application dated 01/02/08, finding that it meets the standards of the Freeport 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.
Vote: 5 Ayes / 0 Nays

ITEM IV: Persons wishing to address the Board on non-agenda items
Mr. Whitmore asked about the cost of liquid asphalt and the effect this has on the Pavement Maintenance Impact Fee. Ms. Larson explained that the amount of the Impact Fee is determined once a year and is based upon the price per ton for pavement that the Town gets through the annual COG (Council of Governments) pavement bid.

ITEM V: Adjournment.
Meeting adjourned at 7:10 p.m.

Recorded by Caroline Crean Pelletier