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FREEPORT PROJECT REVIEW BOARD MINUTES
FREEPORT TOWN HALL COUNCIL CHAMBERS
WEDNESDAY, FEBRUARY 20, 2008
6:30p.m.

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

CALL TO ORDER: Mr. Marstaller called the meeting to order at 6:35 p.m.

ITEM I: Approval of the minutes from the January 9, 2008 Project Review Board meeting.
Mr. Whitmore / Mr. Anderson moved to waive the reading of the minutes from the January 9, 2008 Project Review Board and to accept them as printed. Vote: 3 Ayes / 0 Nays / 2 Abstentions (Anderson, Donahue)

ITEM II: Informational Exchange
Mr. Marstaller noted that the Board will be in need of a few new members in the coming months. People who are interested should fill out an application at Town Hall.

Ms. Larson noted that the Planning Board recently adopted Rules, Orders, and Procedures. The document addresses things such as ex-parte communication, quorums, and chairpersons. The Board decided that they would be interested in a similar document; Ms. Larson will work on a draft.

ITEM III: Approvals
Chilton Furniture – New Sign
The applicant is proposing a new 31 s.f. ground sign. No other changes are proposed. Class B Property – Design Review District I. Tax Assessor Map 8, Lot 3. Bill Martens, Chilton Furniture, owner and applicant; Deanna Emery, Bailey Signs, representative.

Ms. Larson explained that the sign will be located in the same location as the existing sign, but will be slightly taller and decorative trim will be added. The signs will be made of a composite material. There will be a changeable panel on the bottom, however the designs of the panels will be as shown. Details on the sign design and colors have been included in the packet. No new lighting is proposed.

Deanna Emery and Bill Martens were present to answer any questions. Mr. Anderson asked about lighting. Ms. Emery noted that the existing lighting will be retained.

Design Review Ordinance: Chapter 22 Section VII.C.10
SIGNS:
The applicant is proposing a new ground size which will be approximately 32 s.f. in size. It will be
slightly taller and in the same location as the existing ground sign. The sign will be made of
composite material and will have a red background with white and gold lettering. There will be a
changeable panel below the primary sign face. The posts will be decorative columns and decorative
trim will be added to the top. No new lighting is proposed.

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

Mr. Anderson / Mr. Donahue moved to order that the Freeport Project Review Board approve the printed Findings of Fact and a Design Review Certificate for Chilton Furniture for a new sign at 184 Lower Main Street, to be built substantially as proposed, plans dated 11/13/07, 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 / 0 Nays

Concord Brook Subdivision – Pine Street
The applicant is seeking renewal of the site plan approval and is seeking approval of a phasing plan. No other changes to the site plan or subdivision plan are proposed. Tax Assessor Map 23, Lots 50 & 51. Concord Brook LLC, applicant and owner.

Ms. Larson explained that the applicant is seeking renewal of the site plan approval and is seeking approval of a phasing plan for the Concord Brook Subdivision on the corner of Pine Street. This is a 43-unit condominium project which was originally approved in two parts. The first approval was for 35 units (26 of which have been built), and the second approval was for 8 units.

The applicant’s subdivision approval is still valid, as it is good for three years (set to expire 07/17/09), however the site plan has expired as it is only good for one year, unless substantial construction has commenced. In addition, since the approvals were granted at separate times, the expirations of the approvals are staggered.

The applicant is seeking re-approval and requesting that the site plan and subdivision approvals both be extended. The applicant would like to have the remaining buildout to be approved in two phases; Phase I: 9 Units on Wing Road, and Phase II: 8 units on Blossom Lane. Depending on the market conditions, the order of the two phases may be switched, however in either case, the applicant is requesting that Phase I be approved for 3 years, and Phase II be approved for 6 years. If substantial construction is not commenced within this timeframe, the approvals would expire unless the applicant returned to the Board.

Mr. Whitmore noted that there have been recent changes to the Stormwater rules and asked if the applicant would need to comply with them. Ms. Larson stated that the applicant would need to comply with the rules, but the Board could add a condition stating that the project shall conform to all current State and Federal regulations. Drew Wing, applicant, stated that during planning for the third phase, the Town Engineer required that they make the necessary changes to comply with the new stormwater regulations as they were in effect at that time.

Mr. Goodall / Mr. Whitmore moved to order that the Freeport Project Review Board renew the Site Plan Approval for Concord Brook Subdivision and approve the revised phasing plan for the remaining two phases of the project, to be built substantially as proposed, recording plan dated March 18, 2005, most recently revised 07-05-06, finding that it meets the standards of the Freeport Zoning Ordinance and 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) The Conditions of Approval from the original Subdivision, Design Review, and Site Plan approvals are still applicable.
3) The Site Plan and Subdivision Approval for Phase I will expire on 02/13/11 and the Site Plan and Subdivision Approval for Phase II will expire on 02/13/14, unless substantial construction commences or the applicant returns to the Board and is granted a renewal of the approval.
4) The project shall conform to all current State and Federal regulations.
Vote: 5 Ayes / 0 Nays

The applicant and/or representative for the proposed project at Bennett Engineering were not present. The Board decided to proceed with the other agenda items until a representative arrived.

Bartol Island – Site Plan Amendment
The applicants are proposing some improvements to two residential properties on Bartol Island including driveway relocation and an 18’x20’ accessory structure. This parcel is in the Island District and therefore subject to Site Plan Review. Tax Assessor Map 20, Lots 89 & 89A. Ford Reiche and Mary Noyes, applicants and owners.

Ms. Larson explained that the applicants are proposing some improvements to two residential properties on Bartol Island including driveway relocation and an 18’x20’ accessory structure. The parcels are in the Island District and therefore subject to Site Plan Review.

The existing driveway (over Lot 2 and leading to Lot 1) will be removed and the area will be loamed and seeded. A new driveway will be installed closer to the edge of the property and outside of the shoreland setback. No wetlands will be impacted. The applicant has met with the Town Engineer to review the project and has agreed to follow the Department of Environmental Protection (DEP) Best Management Practices for Erosion Control.

An accessory building with porch is proposed for Lot 2 and will be 18’ x 20’. The building will have living space in it, but will not be a full residential unit.

Mike Healey stated that he was present to represent the applicant and could answer any questions. Mr. Whitmore asked about the proposed guest house and the proximity of the proposed driveway to the shore. Ms. Larson stated that the building would be an accessory structure which would be more of a bunkhouse with no cooking facilities. The Codes Enforcement Officer has reviewed the proposal. The driveway is 75 feet back from the shore at the closest point and the applicant will use erosion control.

Mr. Goodall noted that although the bunkhouse is not a dwelling, it would be considered a bedroom for Maine Subsurface Wastewater Disposal Rules. There was discussion about the capacity of the existing system on the property, which is new, and whether or not the applicant would be required to install a new or expanded system for the bunkhouse. It was suggested and added as a condition of approval that the applicant meet the State Plumbing Code for Subsurface Wastewater Disposal Systems. Mr. Marstaller asked if the applicant would be able to add a bathroom to the bunkhouse. Ms. Larson stated that the Codes Officer stated that if a kitchen and bath were added, the structure would then be considered a dwelling unit; just adding a bath would be okay.

Proposed Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
a. Preservation of Landscape.
The parcels are already developed and the proposed driveway is being relocated. The new structure will be 18’ x 20’ feet and will comply with the space standards of the Ordinance. There are only two developed lots on the island.


b. Relation of Proposed Buildings to the Environment.
This parcel is not within the Design Review District or Route One South corridor. The proposed building will be an accessory structure and will be smaller in size than the existing dwellings on the site.

c. Vehicular Access.
Vehicular access to the island will be the same. The location of the residential driveway to Lot One will be relocated closer to the outer edge of the property.

d. Parking and Circulation.
Parking and circulation will not be altered.

e. Surface Water Drainage.
Due to the nature and use of the development, information on Stormwater Management was not submitted. The applicant has met with the Town Engineer, who has reviewed the project, and the applicant has agreed to follow the DEP Best Management Practices for Erosion Control.

f. Utilities.
Utilities are existing.

g. Advertising Features.
No signs are proposed.

h. Special Features.
There are no special features associated with this project.

i. Exterior Lighting.
No new lighting is proposed.

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

k. Landscaping.
No new landscaping is proposed.

l. Environmental Consideration.
The properties are located within the Shoreland Zone. The applicant has agreed to follow the DEP Best Management Practices for erosion control during construction. This parcel is not within the Marine Waterfront District.

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

Mr. Anderson / Mr. Whitmore moved to order that the Freeport Project Review Board approve the printed Finding of Fact and Site Plan Amendment for Ford Reiche and Mary Noyes, for amendments to two residential properties on Bartol Island, to be built substantially as proposed, site plan dated 01/22/08, finding that it meets the standards of Section 602 of the Freeport Zoning 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 any sitework, the applicant obtain all applicable permits from the Freeport Codes Enforcement Department.
3) The applicant set up an inspection account in the amount of $200.00 to cover the cost of site inspections by the Town Engineer.
4) The applicant meet the State Plumbing Code for Subsurface Wastewater Disposal Systems.
Vote: 5 Ayes / 0 Nays

Joseph Mitchell House – Bow Street
The applicant is seeking approval for change of use and Design Review Certificate for 30 Bow Street. The change of use will be from residential to office. The applicant is also proposing exterior building alterations and minor site alterations. Class A property – Design Review District I. Tax Assessor Map 10, Lot 23. Taggart Realty, LLC, applicant and owner.

Ms. Larson explained that the change of use will be from residential to office. The applicant will be making improvements to the existing driveway and parking area, adding 3 new parking spaces. A total of 8 parking spaces are proposed, meeting the standards of the ordinance for the new VMU District. The existing driveway is 12 feet and will be widened to 18; the ordinance requires 26 and therefore a waiver is requested. An existing fence and pressure-treated deck will be removed. Some existing landscaping will be relocated on the property.

The following changes to the building are proposed, and shown on the elevation drawings:
- Bow street elevation: new front door
- Depot street elevation: new stair bay (4’x10’) and new dormer to be sided with composite siding and asphalt shingles. Three windows will be installed on the new dormer and one new window will be installed in the rear portion of the building. All windows will be 2/1, with interior and exterior mullions, and the material will be vinyl.
- South Street elevation: windows will be replaced (2/1, vinyl, internal and external mullions), four new windows and a new wood door added to the center of the building with a copper canopy over the door, new double-hung window over the peak of the garage, existing garage doors to be removed and filled in with vertical boards, windows, and trim to maintain the feature of the large doors.
- Rear elevation (facing back yard and not visible from ROW): six new skylights will be added to the roof and some windows will be replaced.

No signs or lighting are proposed at this time. The applicant is aware that if they want to add either in the future, they will need to return to the Board. Utilities are existing, however the applicant will need to obtain written approval from the Freeport Sewer District and the Freeport Water District for the change of use. Obtaining written approvals from both utilities has been added as a condition of approval.

Mr. Donahue asked about the finish of the proposed vinyl clad windows. Ken Moquin, representative, stated that the exterior would be a traditional dark brown color with mullions. Mr. Donahue noted that it would be closer to the color saturation of the building and would not have as much of an impact as a white finish. Mr. Donahue asked if the applicant planned on removing the trees along the tracks, noting that this would change the exposure dramatically. Mr. Moquin stated that the trees would be removed as they are causing damage to the building. No new landscaping is proposed.

Mr. Goodall asked about the proposed barn doors and if the purpose was to maintain the appearance of the doors. He noted that the off-set windows look funky; not like a traditional barn door. Mr. Moquin stated yes, noting that the interior space would be used as office. The windows have been off-set to follow the motion of the building and static symmetry there would end the motion that the building has. Mr. Donahue asked if perhaps the doors could be made of all glass. Mr. Moquin stated that they did not want to confuse the entrance and all of the other doors on the building are made of wood. Mr. Donahue asked about the use of the building and egress. Mr. Moquin stated that there would be multiple tenants in the building who would share a common entrance and lobby. Only one way of egress is required for the tenants as the offices are all quite small.

Mr. Whitmore asked about accessibility. Mr. Moquin stated that the toilets and entrance are accessible and there are accessible parking spaces, but they are not required to have an elevator. Mr. Donahue noted the grade change near the door and stated that appears that it would be difficult to have a ramp. Mr. Moquin stated that the ramp was an oversight on their part and is not shown on the site plan.

Mr. Anderson asked if there were comments from the Historical Society and questioned the proposed stairs on the west side of the building. He also noted that he likes the proposed doors and how it comes together at the rear of the building. Ms. Larson stated that the Historical Society reviewed the project and there were no comments submitted. Mr. Moquin stated that the area where the stairs will be, will go out 4 feet and is within the setback. There is a landing on the lower level and the window is there to provide light.

Mr. Donahue suggested that conditions of approval be added that the applicant return with a plan for the ramp on the south side and for landscaping on the west side. The Board agreed that these should be added as conditions and that the applicant should return by April 1st with a plan. Mr. Goodall noted that this building is Class A and is an important house. It appears as though the applicant sympathizes and is trying to preserve the house.

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

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

3. Proportion of Building's Front Facade.
The proportion of height to width of the front façade will not be altered.

4. Rhythm of Solids to Voids in Front Facades.
Some of the existing windows on the structure will be replaced maintaining the same window sizes, style, and trim. New windows will be added to the new dormers and to the back section of the building, however the rhythm of solids to voids will be maintained.

5. Proportions of Opening within the Facility.
Any new openings being added to the building will retain the characteristics of the existing features
of the building. One elongated window will be added to the stairway dormer on the side of the
structure and will distinguish this new portion of the building from the existing.

6. Roof Shapes.
The roof shapes will not be altered. The new dormers will maintain the same roofline as the existing
structure.


7. Relationship of Facade Materials.
The new windows will be vinyl; the existing are wood. The new dormers will be sided with composite clapboards which will retain the same reveal. The roof of the dormers will be covered in asphalt shingles.

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

9. Site Features.
The existing driveway will be widened to 18 feet and the parking area will have an increased
aisle width and three spaces will be added. Existing plantings will be relocated on the site.

10. Signs.
No signs are proposed at this time. If the applicant wishes to install signs in the future, they will need
to return to the Board.

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

Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
a. Preservation of Landscape.
The site is already developed and the building is existing. The size of the parking area and driveway will be increased, but the general layout of the site will remain unchanged.

b. Relation of Proposed Buildings to the Environment.
This building is Class A in Design Review District I. The applicant is proposing to add some dormers and make other exterior alterations. The applicant will be using the same style windows and doors as exist on the building, however there will be some material changes.

c. Vehicular Access.
The driveway entrance will remain in its existing location. The existing driveway is 12 feet and will be widened to 18; the ordinance requires 26 and therefore a waiver is requested.

d. Parking and Circulation.
A total of 8 parking spaces are proposed, meeting the standards of the ordinance for the new VMU District. The aisle width of the existing driveway will also be widened.

e. Surface Water Drainage.
Based upon the size and nature of the development, information on Stormwater Management was not submitted.

f. Utilities.
Utilities are existing, however the applicant will need to obtain written approval from the Freeport Sewer District and the Freeport Water District for the change of use. Obtaining written approvals from both utilities has been added as a condition of approval.

g. Advertising Features.
No signs are proposed at this time. If the applicant wishes to install signs in the future, they will
need to return to the Board.


h. Special Features.
There are no special features associated with this project.

i. Exterior Lighting.
No exterior lighting is proposed.

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

k. Landscaping.
The applicant is proposing to relocate some existing plantings on the property.

l. Environmental Consideration.
This project is not within the Marine Waterfront District or the Shoreland Zone. The building will be connected to the public sewer system.

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 a waiver to Section 512.D.10 of the Freeport Zoning Ordinance to allow a two-way non-residential driveway to be 18 feet in width versus the 26 required by the Ordinance, in that the proposed driveway should provide safe and adequate access to the site.

Be it further ordered that the Freeport Project Review Board approve the printed Finding of Fact, Design Review Certificate, and Change of Use, for Taggart Realty LLC, to be built substantially as proposed, site plan dated 12/12/07, revised 02/07/08, finding that it meets the standards of Section 602 of the Freeport Zoning 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 any sitework, the applicant do the following:
a) The applicant is responsible for obtaining permits and paying all applicable fees associated with such permits from the Freeport Codes Enforcement Department.
b) Establish an inspection account, in the amount of $400.00, for inspection of the site improvements.
c) Obtain written approval from the Freeport Water District and the Freeport Sewer
District for the change of use and connection to the public utility.
d) The applicant obtain a Street Entrance Permit from the Freeport Department of Public Works.
3) Return by April 1, 2008 with a landscaping plan and a ramp plan.
Vote: 5 Ayes / 0 Nays

Bennett Engineering – Bennett Road
The applicant is seeking a site plan amendment to build a 40’x 80’ storage building and add 8 parking spaces. Tax Assessor Map 21, Lots 31-1 and 32A. William Bennett, Bennett Engineering, Applicant; Pat Carroll, Carroll Associates, representative.

Ms. Larson stated that the building will be located on the same parcel as Bennett Engineering. The applicant is actually reconfiguring the lot lines with this parcel, the abutting parcel, and the existing right-of-way to allow the new building and parking to be placed on a portion of the site which is already cleared and out of view from Route One and I-295. The building will be used for the storage of the owner’s collection of various machinery and equipment. The applicant has submitted building elevations to get some feedback from the Board on the design.

There are private utilities on site; however there is no need for the building to be connected to such utilities at this time. The plan shows 8 parking spaces and based upon the square footage 3.2 spaces would be required per the ordinance. The Board does have the ability to waive the construction of parking spaces, if there is not a need for all of them, and the applicant demonstrates that they can all fit on the site, and they will be constructed should the need arise. The applicant will need to submit details on stormwater management, landscaping, and lighting with the final submission.

Pat Carroll, representative, gave a summary of the proposed project. He described the reconfiguration of the two parcels and the discontinuance of a portion of Bennett Road. The proposed building will be used for storage of the applicant’s equipment collection and will be on the same parcel as the Engineering building. The building will be located in an area that is already cleared. The building will be tucked behind existing trees and will therefore not be that visible. The parking is shown in front of the three garage bays. The area was already going to be paved to provide access to the garage, and they have shown the parking striped in that area. They are waiting for wetland delineation and new topographic information so they can proceed with final plans. A rendering of the building was included in the Board’s packets. They are proposing clapboard siding and asphalt shingles. There will be electricity connected to the building but there will not be any plumbing.

Mr. Donahue asked if they had considered the gable ends of the building for the location of the doors as it would then appear more barn like and provide a clear area for parking. Mr. Carroll stated that they had looked at putting the doors on the end, but it was harder to fit on the site with the driveway and easier to have the doors as shown. The area where the building is going is gravel now and is used for overflow parking. They will still be able to accommodate overflow parking if needed. They will be paving the area anyways, but they do not have to stripe it. Mr. Goodall noted that the striping is not the issue; they try to reduce the amount of impervious area and can waive the requirement that some of the parking be built, if it is not all needed. Mr. Carroll stated that they can look at reducing the amount of gravel and/or pavement in front of the garage doors.

Mr. Carroll noted that since this area is gravel, there will not be much of an increase to the amount of impervious area. They will work with an engineer on stormwater. He asked the Board what type of detail they will want to see. Ms. Larson suggested that Mr. Carroll work with the Town Engineer on this. Mr. Whitmore noted that this site is within the watershed of an urban impaired stream.

Wilbur’s of Maine – Lower Main Street
The applicant is seeking approval for a change of use and Design Review Certificate at 174 Lower Main Street. The change of use will be from residential to retail/manufacturing/production. The applicant is also proposing exterior building alterations and site alterations. Class B property – Design Review District I. Tax Assessor Map 8, Lot 4A. Tom Wilbur, Wilbur’s of Maine, applicant and owner.

Ms. Larson explained that the change of use will be from residential to retail/processing/manufacturing. The two buildings will have space for 3 tenants, with two being known at this time. It would be my recommendation that since the third tenant is unknown, and since the parking requirement would be lower, we also allow the approval to include the use of office, that way the applicant would have some flexibility and not necessarily have to return to the Board for another change of use.

The parking calculation for the uses would require 51 spaces. All of the spaces have been shown on the plan, and most of the spaces are existing, however the applicant is proposing to add five more spaces at this time for a total of 41 spaces. The applicant is requesting to not build the 10 additional spaces at this time, and will build them should the Town or the applicant determine that a parking problem exists on site.

The applicant is proposing to eliminate part of the loop driveway in front of the building. From a traffic standpoint this makes more sense, and the Ordinance says that curb cuts on Route One should be limited to one, where possible. Traffic on the site, for cars and delivery trucks will now be one way, with vehicles entering on Lower Main Street and exiting on to Meetinghouse. Trucks will also be able to maneuver on site to back into the delivery bay, thereby not interfering with traffic on either Meetinghouse or Lower Main Street.

The applicant has submitted a Stormwater and Erosion Control plan which has been reviewed and approved by the Town Engineer (memo dated 01-30-08). It is his recommendation that the applicant enter into a Maintenance Agreement for a Stormwater Management System with the Town of Freeport. The applicant has received approval from the Freeport Sewer District and the Freeport Water District for the connection to the public utilities.

This parcel is in Design Review and is a Class B property. Exterior modifications to the building include:
- Relocating an existing garage door from the rear of the building to the front of the building facing Meetinghouse Road
- removing the bay window on the front façade and relocating and existing double door from the side of the building to this location
- installing a “Chocolate Factory Sign” which will be moved over from the existing Wilbur’s of Maine location and installing gooseneck lighting
- new ground sign with lighting (to be screened by landscaping)
- adding wall sconces in locations shown on plan
- new landscaping

Mr. Whitmore asked about the Main Street entrance and if it would be one way. He noted that if one were traveling south, the turn could be hard. Mr. Wilbur stated that there would be a one-way entrance off of Main Street and the existing entrance seems like it will work fine. The second existing entrance on Meetinghouse is being eliminated as suggested by the Police as it is close to the intersection and would be a problem. Eliminating it will actually help to treat stormwater and in addition, they will add other plantings to the site.

Mr. Marstaller clarified that the applicant is not proposing to change the existing entrance on Main Street. Mr. Wilbur noted that it was an idea they had, but it is not shown on the plan. He asked if they would need to come back to do that. It was noted that if he wanted to make changes to the Main Street entrance, approval from the State of Maine and/or Town of Freeport may be required. Mr. Marstaller stated that if he did want to make some changes, he should start by talking with the Town Engineer.

Mr. Whitmore asked about the drainage structure. Mr. Wilbur noted that there would be a swale below the upper driveway.

Mr. Donahue asked about the building mounted “Chocolate Factory” sign and whether or not illumination of this sign was important for the applicant. Mr. Wilbur stated that it would be nice to illuminate it, as the building does sit back from the road. Mr. Donahue suggested that the single proposed gooseneck fixture would not do much to light it. He suggested that the applicant may want to add more fixtures and spread them out evenly for better uniformity of light. Mr. Goodall suggested that a condition be added to allow the applicant to add more lights here, if needed.

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 relationship of the width to the height of the front façade will not be altered.

4. Rhythm of Solids to Voids in Front Facades.
The proposal includes relocating a double door from the side of the building to the front. In addition, and existing garage door will be relocated from the rear to the side of the building facing Meetinghouse. The door will be centered on the portion of the façade in which it will be located.

5. Proportions of Opening within the Facility.
An existing bay window will be removed and a double door will be installed. An existing garage door
will be relocated from the rear façade to the side facing Meetinghouse

6. Roof Shapes.
The roof shapes will not be altered.

7. Relationship of Facade Materials.
The façade materials will not be altered.

8. Rhythm of Spaces to Building on Streets.
The building is existing and the site is already developed.

9. Site Features.
The general layout of the site will remain the same. Fifteen additional parking spaces are shown on
the plan, but are still set back from Lower Main Street. New landscaping is proposed

10. Signs.
One building sign (“Chocolate Factory”) is proposed and is being moved from the existing Wilbur’s of Maine location. The sign will have two tenants on it and will be made of wood. Each sign will be about 15.8 s.f. and the overall height will be 11.5 feet. The applicant is proposing a new ground sign, near Lower Main Street. The sign will be illuminated and landscaping will be added to provide additional screening of the lights.

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

Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
a. Preservation of Landscape.
The site is already developed however the applicant is proposing additional landscaping. The applicant has maintained the buffering requirements of the Freeport Zoning Ordinance.


b. Relation of Proposed Buildings to the Environment.
The building is existing and is Class B in Design Review District I.

c. Vehicular Access.
The applicant is proposing to eliminate part of the loop driveway in front of the building. The Ordinance says that curb cuts on Route One should be limited to one, where possible. Traffic on the site, for cars and delivery trucks will now be one way, with vehicles entering on Lower Main Street and exiting on to Meetinghouse. Truck will also be able to maneuver on site to back into the delivery bay, thereby not interfering with traffic on either Meetinghouse or Lower Main Street.

d. Parking and Circulation.
The parking calculation for the uses would require 51 spaces. All of the spaces have been shown on the plan, and most of the spaces are existing, however the applicant is proposing to add five more spaces at this time for a total of 41 spaces. The applicant is requesting to not build the 10 additional spaces at this time, and will build them should the Town or the applicant determine that a parking problem existing on site.

e. Surface Water Drainage.
The applicant has submitted a Stormwater and Erosion Control plan which has been reviewed and approved by the Town Engineer (memo dated 01-30-08). It is his recommendation that the applicant enter into a Maintenance Agreement for a Stormwater Management System with the Town of Freeport.

f. Utilities.
Utilities on the site are existing. The applicant has received approval from the Freeport Sewer District and the Freeport Water District for change of use and the connection to the public utilities.

g. Advertising Features.
One building sign (“Chocolate Factory”) is proposed and is being moved from the existing Wilbur’s of Maine location. The sign will have two tenants on it and will be made of wood. Each sign will be about 15.8 s.f. and the overall height will be 11.5 feet. The applicant is proposing a new ground sign, near Lower Main Street. The sign will be illuminated and landscaping will be added to provide additional screening of the lights.

h. Special Features.
There will be a dumpster located on the side of the building facing Meetinghouse and next to the delivery area. The dumpster will be screened with a 6 foot tall stockade fence.

i. Exterior Lighting.
The applicant will be adding a few new building mounted wall sconces and will be adding lighting to illuminate the signs. The ground fixtures being used to illuminate the ground sign will be further shielded with landscaping.

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

k. Landscaping.
The site is already developed however the applicant is proposing additional landscaping. The applicant has maintained the buffering requirements of the Freeport Zoning Ordinance.
l. Environmental Consideration.
This project is not within the Marine Waterfront District or the Shoreland Zone. The building will be connected to the public sewer system.

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 printed Finding of Fact, Design Review Certificate, and Change of Use, for Wilbur’s of Maine, to be built substantially as proposed, with additional gooseneck lighting fixtures over the sign on the barn, site plan dated 01/21/08, finding that it meets the standards of Section 602 of the Freeport Zoning 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 any sitework, the applicant do the following:
a) At the recommendation of the Town Engineer, the applicant enter into a
Maintenance Agreement for a Stormwater Management System with the Town
of Freeport.
b) The applicant is responsible for obtaining permits and paying all applicable fees associated with such permits from the Freeport Codes Enforcement Department.
c) The applicant establish a performance guarantee, in the amount of $30,000.00, 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 $600.00, be paid prior construction.
d) Establish an inspection account, in the amount of $800.00, for inspection of the site improvements prior to construction.
3) The applicant will be required to build the additional ten parking spaces, as shown on the plan, should the Town determine that a parking problem existing on site and the additional parking to meet the standards of the Ordinance is required.
Vote: 5 Ayes / 0 Nays

Mr. Wilbur noted that he had good support from the Planning Department on this project.

West Cove Subdivision – Litchfield Road
The applicant is seeking final approval for a 31-lot open space subdivision on 115.05 acres on Litchfield Road. A new road off Litchfield Road is proposed. Approximately 67.53 acres of open space are proposed. Tax Assessor Map 19, Lots 73 & 75. West Cove LLC, applicant and owner; Art Colvin, PE, Associated Design Partners, representative.

Ms. Larson explained that per the DEP, the number of lots has been reduced by one since the applicant was granted preliminary approval. The net residential acreage calculation for the site would actually allow 36 lots. The road has been slightly realigned to avoid some buffer areas shown on the plan. The road length, including the length of the turn-around is 3,700 feet. Prior to any site work the applicant will be required to pay a Pavement Maintenance Impact fee based upon the length of the road.

The lots will be served by private on-site utilities. Locations of approved test pits have been shown on the plans. A nitrate analysis and wetland identification was completed by Mark Cenci. A Traffic report (Eaton Engineering) has been included in packet and states that there is adequate site distance in both directions, where the new road meets Litchfield Road.

The applicant has received the applicable approvals from the DEP and Army Corps of Engineers (Tier 1 Wetlands Alteration, Permit by Rule, and Site Location Permit). The complete stormwater plans have been reviewed and approved by the Town Engineer (see memo dated 02/07/08).

The areas of open space are shown on the plan. A portion of the open space will be retained by the Homeowners Association and the remainder will be granted to the Freeport Conservation Trust. As discussed at the last meeting, the plan allows space for access to the field in the open space. The plan also shows a parking easement which will also be granted to the Freeport Conservation Trust.

The applicant has submitted a letter from Jaguar Partners Commercial Mortgage and Finance (May 23, 2007) indicating that they have the financial capacity to complete the project as proposed.

Art Colvin, representative, gave an explanation of the plan noting how the new drainage standards of the Chapter 500 Rules were incorporated. He explained how the requirements pertain to the treatment of quality and quantity of stormwater. The plan includes buffer areas and soil filter areas. The DEP requires that buffer areas be marked with signs on trees. There is no cutting or storage allowed in these areas.

Ms. Larson noted that because of the new standards, the building envelopes are specific, so it will be required that a surveyor goes out when the footings are in place to verify that the building is in the right place. If the building is not in the right place, it will be a violation of the DEP approval. Mr. Goodall asked who would enforce these standards. Ms. Larson stated that the DEP buffers will be enforced by the DEP. The town will work with them, but the DEP will enforce them. Mr. Colvin noted that the DEP requires that these areas and the other BMPs be maintained and inspected with a report to the DEP every 5 years. Ms. Larson noted that there are 34 of these areas. Mr. Colvin added that the DEP outlines all reporting requirements and the actions required for the BMPs.

Mr. Goodall asked about the Conservation Trust land and how it ties in to the parking on Litchfield Road. Mr. Colvin stated that it is just an easement on Litchfield Road. There is an area in the rear that will connect to other Trust land, but one would need to walk from the parking area to connect. Bob Santomenna, Freeport Conservation Trust, stated that there is other land nearby that is not part of this subdivision. The easement has already been granted and people will just need to walk a little bit.

Proposed Findings of Fact:
11.1 Pollution
Each lot will have a private well and septic system. Marc Cenci conducted a nitrate analysis and has completed a plume plan (dated 3/11/07, revised 11/20/07) indicating the location of the systems, the direction of the plumes, and determination of the well exclusion zones.

11.2 Sufficient Water
All lots will have an individual well. In accordance with State Law, within one (1) year of purchase, each lot owner shall be guaranteed access to a water supply of at least 350 gallons per day.

11.3 Impact on Existing Water Supplies
This project will not be connected to the public water system.

11.4 Soil Erosion.
Thirty-one lots are proposed. The applicant has submitted Stormwater and Erosion Control Plans which have been reviewed and approved by the Town Engineer (see memo dated 02/08/07). The project has also received approval

11.5 Traffic Conditions
A new road of Litchfield Road is proposed. A Traffic report (Easton Engineering) has been included in packet and states that there is adequate site distance in both directions, where the new road meets Litchfield Road. The road has aligned to avoid some buffer areas shown on the plan. The road length, including the length of the turn-around is 3700 feet. Prior to any site work the applicant will be required to pay a Pavement Maintenance Impact fee based upon the length of the road. The name of Newfield Road has been approved by the E-911 Committee.

11.6 Sewage Disposal
This project will not utilize the public wastewater utility. Each lot will have an individual septic system. Passing test pits have been shown on the plan. A nitrate analysis was completed by Mark Cenci and the location of the systems and the nitrate plumes are shown on a plan and noting the well exclusion zones. Any changes to the locations of septic systems will require that the
applicant submit to the Freeport Planning Dept a revised hydrogeologic assessment indicating that the new location is suitable, and will not negatively impact any other wells or septic systems.

11.7 Solid Waste
The project 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 Areas, or Public Access to the Shoreline
Wetlands were delineated by Mark Cenci and have been shown on the plan. Wetlands have been avoided to the greatest extent possible. No historic sites or wildlife habitats have been identified on the site.

11.9 Conformance with Zoning Ordinance and Other Land Use Ordinances.
The development meets all space and bulk requirements of local ordinances. The development complies with the open space requirements of the Freeport Subdivision Ordinance. Approximately 67.53 acres will be preserved as open space. Some of the land will remain under the ownership of the Homeowner’s Association while the remainder will be given to the Freeport Conservation Trust.

11.10 Financial and Technical Capacity
The subdivision plan was prepared by Art Colvin, PE, RLS, Associated Deign Partners. The applicant submitted a letter from Jaguar Partners Commercial Mortgage and Finance (May 23, 2007) indicating that they have the financial capacity to complete the project as proposed.

11.11 Impact on Water Quality or Shoreline
A stream has been identified on the plan and a 100 foot DEP buffer has been shown on the plan.

11.12 Impact on Ground Water Quality or Quantity
Each lot will be served by an individual private well.


11.13 Floodplain Management
A portion of the property is located within a flood zone and the boundaries of the zone are shown on the recording plan. The remainder of the lot is in Zone C, areas of minimal flooding, on the Flood Insurance Rate Maps (FIRM).

11.14 Identification of Freshwater Wetlands
Wetlands were delineated by Mark Cenci and have been shown on the plan.

11.15 Rivers, Streams, and Brooks
A stream has been identified on the plan and a 100 foot DEP buffer has been shown on the plan.

11.16 Storm Water Management
The applicant has received the applicable approvals from the DEP and Army Corps of Engineers (Tier 1 Wetlands Alteration, Permit by Rule, and Site Location Permit). The complete stormwater plans have been reviewed and approved by the Town Engineer (see memo dated 02/08/07). To comply with the Site Location approval and the DEP Chapter 500 Rules, DEP buffer areas are shown on the plans and will help treat the stormwater. These buffers will remain undisturbed.

11.17 Spaghetti Lots
No spaghetti lots are proposed with this development.

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

11.19 Impacts on Adjoining Municipalities
This development is not within or does not border an adjoining municipality.

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

Mr. Donahue / Mr. Whitmore moved to order that the Freeport Project Review Board approve the proposed West Cove Subdivision on Litchfield Road, to be built substantially as proposed, subdivision recording plan dated 03/11/07, most recently revised 12/22/07, finding that it meets 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) Prior to any site work, the applicant do the following:
A. Obtain approval from the Freeport Department of Public Works for a Driveway
Entrance Permit.
B. Prior to the start of any site work, the applicant pay a Pavement Maintenance Impact Fee based upon the road length of 3,700 feet and the current impact fee effective when the building permit is issued. Applicants for building permits will also be required to pay the Impact Fee, at the time a building permit is issued and based upon the size of the dwelling and the current impact fee effective as such
C. The applicant is responsible for obtaining permits and paying all applicable fees associated with such permits from the Freeport Codes Enforcement Department.
D. The applicant establish a performance guarantee, in the amount of $529,309.00, 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 $10,586.00, be paid prior construction.
E. Establish an inspection account, in the amount of $8,500.00, for inspection of the site improvements prior to construction.
F. Final legal documents be reviewed and approved by the Town Attorney.
3) Deeds for all lots include the restrictions regarding the area of each lot that can be cleared, in accordance with the Department of Environmental Protection approval.
Vote: 5 Ayes / 0 Nays

Maine Sailing Partners – Noble Drive
The applicant is returning for approval of a revised landscaping and buffering plan. No other site changes are proposed. Tax Assessor Map 21, Lot 32A. Maine Sailing Partners, applicant and owner; Kylie Mason, Sebago Technics, representative.

Ms. Larson stated that as requested by the Board, the applicant is returning for approval of a revised landscaping and buffering plan. A variety of plantings including a mixture of coniferous and deciduous trees have been added to screen the building from the view on I-295 and to further screen the sides and rear of the structure. No other site changes are proposed.

Kylie Mason, representative, explained the buffer plan which includes a variety of species. She gave the Board a handout that showed the different types of plantings which are proposed. Mr. Goodall asked about the birch species. Ms. Mason stated that it is a root sucker. Mr. Marstaller asked if the sumac was green. Ms. Mason stated yes, and noted that it was a native species. The Board members all agreed that Ms. Mason did a good job with the plan.

Findings of Fact: (Section 602.F. of the Freeport Zoning Ordinance)
k. Landscaping.
Existing vegetation will be retained where possible. The applicant is proposing additional landscaping to provide a buffer between the abutting property. Two berms will be installed in front of the building to provide raised areas for landscaping. A variety of plantings including a mixture of coniferous and deciduous trees has been added to screen the building from the view on I-295 and to further screen the sides and rear of the structure.

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

Mr. Anderson / Mr. Donahue moved to order that the Freeport Project Review Board move to approve the printed Finding of Fact and landscaping plan, for Maine Sailing Partners, to be built substantially as proposed, Landscaping and Lighting Plan dated 08-17-07, most recently revised 01-22-08, finding that it meets the standards of Section 602 of the Freeport Zoning Ordinance, with the following Condition 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) The conditions of approval from the original site plan approval granted on November 14, 2007 are still applicable.
Vote: 5 Ayes / 0 Nays
ITEM IV: Reviews
LL Bean – Cross Street Parking Lot
The applicant is proposing a new 72 space parking lot at the end of Cross Street. An existing dwelling will be removed. Design Review and Site Plan Review are required. Class C Property – Design Review District I. Tax Assessor Map 11, Lot 31. LL Bean, applicant and owner.

Ms. Larson explained that since the dwelling is Class C, Design Review Approval is not needed to remove it. Design Review and Site Plan Review are required for the new lot. The lot will have the typical layout, landscaping, and lighting design of the other LL Bean parking lots. The lot will be screened from abutting properties using fencing. The applicant is looking for feedback so they can proceed with the development of final plans. This amendment will require an amendment to the existing Site Location Permit with the DEP. The applicant will also need to submit stormwater and erosion control plans to be reviewed and approved by the Town Engineer.

Ms. Mason introduced Leslie Becker from LL Bean and then proceeded to give an overview of the proposed plan. She stated that this will be an important project for parking this summer and after. She showed the location of the abutting property and noted that they met with the Townes, the abutting property owner, and they were concerned for buffering and screening; their needs can be met. The neighbors had some concerns for overnight parking, and she has talked to LL Bean about their concerns.

Mr. Goodall asked about a comment made in a letter submitted by the Townes which mentions parking on an existing hill. Mr. Mason showed the location on the plan and noted that the hill is a grassy area abutting an existing parking lot. People park there and then back on to Cross Street. They can address those concerns in the final plan.

Mr. Whitmore asked about the stormwater system. Ms. Mason stated that the system that will be used is similar to the one used at Freeport Village Station.

Mr. Donahue asked if they had considered connecting this lot to the abutting parking lots. Ms. Mason noted that there are steep grades between the parking lots and there is a right-of-way between. Mr. Donahue suggested that if the lots were more contiguous, they would be more effective. Ms. Larson stated that there has been some talk about interconnectivity and there may be changes to address this in the final plan. They applicant will also be working with the Traffic and Parking Committee on the final plan.

ITEM V: Discussion on upcoming workshop with the Freeport Town Council
The Board had a discussion on the issue of color and if and how it should be regulated in the Design Review District. The Board came to a consensus on an approach they would like there discussion with the Council to include. The idea included regulating color for commercial and residential properties in an area extending from Maggie’s to Kendall Lane. If one was selecting a color from a historical color pallet, it would be fine, otherwise they would need to come to the Board for approval of the color. Color would be included as part of any Design Review submission.

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

ITEM VII: Adjournment.
Meeting adjourned at 9:11p.m.

Recorded by Caroline Crean Pelletier