The Project Review Board will enter uncharted waters on March 4, when it conducts a public hearing, and then decides if contract zoning for a new building Berenson Associates wants to build on Main Street is consistent with Freeport’s comprehensive plan.
It will be the first time the board has voted on contract zoning, which was instituted in 2008 as an alternative to a zoning amendment to an entire municipal zone. And while the public might comment on issues that deal with a site plan review or design review, which the board will consider later, the only matter the Project Review Board will decide on March 4 is contract zoning for height.
Berenson Associates wants to increase the town’s height limit for its proposed building between 56 and 58 Main St. to 43 feet, while the limit for that section of town is 35 feet.
The Town Council has decided that contract zoning is an appropriate manner for the town to rule on the height difference, and the Planning Board earlier this month decided that the Berenson Associates proposal is consistent with the comprehensive plan.
During its Feb. 11 meeting, Project Review Board members expressed a certain level of confusion regarding the substance of the public hearing.
“This Project Review Board public hearing has no criteria for us to consider,” said Chairman Cliff Goodall. “It is simply a public hearing. I’m a little confused as to what we do with this public hearing.”
Donna Larson, town planner, said that the board will be deciding if the height plan is consistent with the comprehensive plan. The Planning Board has agreed that the Berenson Associates plan “fits in with the neighborhood.”
“At the public hearing, I think that’s the time you actually have the contract,” Larson said. “That would be the subject matter for the public hearing. The Project Review Board will decide that a certain contract be approved by the Town Council. Look at the heights. That’s the only standard that can’t be met for this proposal. Site plan and design review are completely independent determinations.”
Larson said that Town Council approval of contract zoning for the proposal last month was only for the appropriateness of contract zoning. “You’re going to send the actual contract back to them, at the public hearing,” she said. “It’s probably going to be the most simple contract that you’ve seen.”
Goodall said he remained confused. “How can the Project Review Board approve when it hasn’t done a site plan or design review?” he asked.
Larson repeated that height is the only matter going back to the Town Council for approval.
Berenson Associates will take ownership of the Denney Block from Freeport business pioneer George Denney on March 1. The company says it needs the added height because of the downward slope in that section of Main Street. The new building would be constructed between the Jones New York/Vineyard Vines building at 58 Main St. and Sperry Top-Sider and Jill McGowan at 56 Main St.
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