Waterfront Working Group — Portland, ME
Date: 2019-04-04
Time: 15:00

Waterfront Working Group
 8th Meeting Agenda
 April 4, 2019
 Room 24, City Hall
 3:00pm to 5:00pm




 *************************************

1. Welcome and Introductions:
 Jon Jennings, City Manager, Chair
2. Review Meeting Notes


 • Notes from Meeting 7
3. Working Group discussion on unresolved zoning issues.


 • Continued discussion of Permitted Uses
 • Lot Coverage and Building Size
 Status review of Zoning Issues, in preparation for Planning Board
4.
 submission by April 12.


 • See Summary Table of Issues and Approaches, attached and Zoning.
5. Working Group discussion on Schedule moving forward.

Waterfront Working Group
 8th Meeting Agenda
 April 4, 2019
 Room 24, City Hall
 3:00pm to 5:00pm




 *************************************

1. Welcome and Introductions:
 Jon Jennings, City Manager, Chair
2. Review Meeting Notes


 • Notes from Meeting 7
3. Working Group discussion on unresolved zoning issues.


 • Continued discussion of Permitted Uses
 • Lot Coverage and Building Size
 Status review of Zoning Issues, in preparation for Planning Board
4.
 submission by April 12.


 • See Summary Table of Issues and Approaches, attached and Zoning.
5. Working Group discussion on Schedule moving forward.
 Agenda 2
 Meeting 7 Notes
 3-28-19
City of Portland
Waterfront Working Group

Meeting #7
Thursday, March 28, 2019
3:00 - 5:00 p.m.

Attendance

Becky Rand,
Mike Alfiero,
Bill Coopersmith
Willis Spear
Dory Waxman
Charlie Poole
Steve Dimillo
Cyrus Hagge

Staff: Jon Jennings, Bill Needelman, Matthew Grooms, Christine Grimando (2nd half)

Meeting Summary:

The focus of the 1st half of the meeting was zoning and an explanation of specific waterfront
zone performance standards (presented by Matthew Grooms). Matthew Grooms presented slides
(now posted on the WWG website) showing how these standards are designed to stem rampant
development and unplanned commercialization of the waterfront while simultaneously
preserving the fishing/maritime industry of Portland’s waterfront.

Bill Needelman also stressed the need to clarify zoning issues prior to the expiration of the
moratorium on waterfront development. A report will need to go the Planning Board that will
likely include where agreements (from the WWG) are in place but also where agreements have
not been reached. The extent of WWG consensus or disagreement will accompany staff
recommendations to the Planning Board.

Again, parking and access were the primary zoning issues discussed at this meeting, with
fishermen expressing frustration about difficult or no access due to commercial parking and
restricted access during working day hours.

Mr. Needelman stressed that all sides of an argument will be presented to the Planning Board, so
that the Board has as much information as possible to make zoning decisions.

E-Mail/Letter from Sandra Guay, Esq. was distributed and addressed. Ms. Guay’s e-mail
presented suggestions for new marketing strategies to lease unoccupied space in wharf buildings
(specifically 1st floor space that is vacant and requires marine use tenants). This idea was
discussed with many WWG members agreeing that better marketing would help attract marine
use tenants to first floor wharf building space. It was also put forth that a longer marketing

 1
 Agenda 2
 Meeting 7 Notes
 3-28-19
period -- maybe even six months, consistent with “Pedestrian Activities Districts” -- would help
the marketing requirement succeed as intended. Ms. Guay’s e-mail also expressed her concern
about wharf owners meeting separately from the WWG to discuss waterfront zoning
issues/requirements and specifically addressed her concern about any interested persons claiming
to have no voice in proposals put forth to the Planning Board.

A suggestion was put forth to restrict all unoccupied space to marine use only (including upper
floor space). This suggestion was rejected by the group as a whole.

Permitted and non permitted uses were also addressed -- the entire list is published at the WWG
website; Mr. Needelman stressed that residential use is not permitted, even on boats.

The proposed upcoming schedule of WWG meetings was discussed and distributed.

John Jennings has invited a speaker from the Maine DOT to speak with the group at a date to be
determined. The speaker will hear from the WWG the need for state and federal funding options
for dredging and other issues.

Abbreviated Dialog:

Matthew Grooms -- (City Planning Dept). discusses 3 performance standards:
Off street Loading and Parking;
Compatibility of Non Marine Uses; and,
Functional Utility of Piers and Access to Water’s Edge.

BN: Waterfront zone parking is not required, it is regulated (managed through performance
standards) -- see table at website

Suggested change: Rewrite sentence so that all applications include off street parking.

BN: As it’s been applied in the past, when there has been vacant space in the building, they still
needed to accommodate marine parking assuming vacancies would fill up with marine use.
The language clarification intent is to supply sufficient parking for marine use, describing the
relationship for percentage split and allowance for non marine parking.

KL: Any access you can provide will help.

MG: There seems to be a need for clarified language

BN: We’ll have time to come back to group with something specific before we go to the
planning board.

NOTE: Sarah’s on-line editing is interrupted here as her internet connection failed. The
off- line editing function also failed, so the continued performance standards dialog is
interrupted. Mr. Groom’s power point presentation is at the WWG website.


 2
 Agenda 2
 Meeting 7 Notes
 3-28-19

The WWG made no specific objection to consolidation of performance standards for Parking,
Marine/Non-marine Compatibility, and Pier Function. Fishing interests expressed desire to
retain the provision that requires exclusive use of parking, loading, and circulation areas by water
dependent uses – where identified for that purpose.


New discussion: Permitted uses

Restricting some uses from areas subject to marine use requirements (outside of more permissive
overlay areas)

Permitted uses:

Marine:
 1. Marine products
 2. Marine repair
 3. Tubboat, fireboat, pilot boat, etc.
 4. Harbor and marine supplies and services
 5. Marine industrial
 6. And more
19. fishing and commercial vessel berthing

Conditional uses:
 Fish by-products

Prohibited uses:
Residential uses, hotels, motels, boatels, auditoriums, meeting facilities, drinking establishments,
ground mounted telecommunication towers, drive-up services, etc.

Full list is at WWG website.

Mr. Needelman posed the question of whether all types of restaurants and retail should be
allowed outside of the Overlay? Seafood and marine supportive only?

CP: With some permitted uses you’re going against the grain -- retail goes against the grain of
what we’re trying to do

BN: What is the metric for to determine “marine supportive”?

MA: A combination of gross receipts and square footage.

BN: Luke’s is there, but under the 45% rule.

BN: If it were “marine supportive”, we would look at how you contribute to the marine
economy.

 3
 Agenda 2
 Meeting 7 Notes
 3-28-19
Luke’s vs. Denny’s. ( Luke’s is marine supportive, Denny’s is not).

BN: That’s why there are performance standards in this zone. It’s hard to put a chain restaurant
in when you have performance standards. It is difficult to keep up with incremental changes.

KL: How did Scales get in?

BN: They demonstrated that they met the standards…they have a dedicated pedestrian pathway,
access to berths is through the buildings.

KL: We’ve lost 70% of the working waterfront, we’re trying to keep the 30% we have
left. Anything that impedes marine use is a problem.

WS: Any time you have non marine use it diminishes our ability to use the wharfs.

CP: Defends compatible uses

WS: Does not defend compatible uses.

WS: We noticed in 2010 when we changed to 45/55 we started to be negatively
impacted. Some wharfs could control it, some couldn’t, for the record the wharves don’t have a
bridge at the end to go to South Portland.

KL: I support WS argument, but Custom House Wharf has always been that way.

MA: I think 2nd floor should be allowed non marine use. I’m not going to concede that
point. But, I’ll make sure that everyone who needs parking for marine use has parking.

SD: It is a step in the wrong direction not to be able to use the upper floors. We can’t leave the
waterfront as derelict as it has been.

JJ: I think what I’m hearing is that we need to think more about restaurant use -- parking is
clearly a problem.

CP: Comment on upper floor thing -- when appropriate and non-interfering, upper floor use
should be non-marine as well as marine.

JJ: Upper floor use is off the table -- upper floors can have non marine use tenants.

BN: We will use work from this group to draft language to take to the Planning Board.


Additional Item brought up by Becky Rand: Angelo’s Acre, what will happen there now that
Council is considering a shelter?

WS: we think it’s best used as parking.

 4
 Agenda 2
 Add to Meeting 7 Notes
 Letter from SG to JJ




Email to Jon Jennings, Bill Needelman, Willis Spear, Bill Coppersmith
March 26,2019

Good Afternoon Jon and Bill:

You had asked me to send this idea to you via email, so here it is:

The Development Corporation Commercial Loan and Grant Program is available for small marine related
businesses that may want to locate or expand on the Portland waterfront, and in particular, in the WCZ.
The program has apparently been available for some time however it is an as yet unknown resource to
potential small marine related businesses who may wish to locate in available vacant space on the
wharves.

Meanwhile, there has been a requirement that in accordance with the 45/55 requirement, wharf owners
must advertise first to potential marine related businesses. This requirement has apparently been
unsuccessful for a couple of reasons. First – 60 days is just not long enough (it appears that the task force
group was amenable to a 6 month requirement at the last meeting); second, again, the potential users may
believe they will be priced out and do not know that there may be resources to assist with that. Another
issue of course is monitoring the rental fees being advertised to make certain they are in line with rental
fees for other marine uses.

My suggestion is two-fold. First, the City should start promoting the loan/grant program in marine-related
publications so that the word gets out. The City can develop some sort of catch phrase that would promote
both the City and the program in the advertisements/notices. Second, wharf owners who have vacant first
floor space in the WCZ should have to use the information about the City’s loan/grant program in its
rental advertising - and in addition to other sources, should have to advertise in the same publications that
the City uses to promote the program.

One other suggestion – I was of course dismayed to hear at the last task force meeting that wharf owners
have been meeting with other property owners without including any of the WWG in these discussions
and then springing it on them at the meeting. I do have concerns that there may be an effort to have other
property owners show up at planning board and council meetings complaining that they did not have a
voice in any negotiated decisions that the task force may reach – which may delay things even more. My
suggestion is to make it clear at the meetings and on the published agenda, that anyone from the public is
able to write a letter or email Bill with any comments and that Bill will make certain that these comments
get relayed to the members of the task force. They may still show up at the planning board and council
meetings and try to derail things, but better to be able to say that they had an opportunity to have a voice
in the proposed amendments.

Thank you – Sandra

SANDRA L. GUAY, ESQUIRE
Partner

WOODMAN EDMANDS DANYLIK
AUSTIN SMITH & JACQUES, P.A.
234 MAIN ST., P. O. BOX 468
BIDDEFORD, ME 04005
T: (207) 284-4581 F: (207)284-2078
slg@woodedlaw.com
www.woodedlaw.com
 Agenda 3
 Fishermen Suggested Zone amendments



 from the sea; and all personal service establishments. . Moreover, in the entire WCZ, Cconvenience
 stores with gas pumps, minor businesses with one or more gas pumps (except those used in fueling
 and/or bunkering of vessels), major auto service stations and minor auto service stations, private
 recreation facilities, indoor amusement and/or recreation centers, and family amusement centers, and
 laundry and dry cleaning services shall not be permitted under this section;

 3. Restaurants provided that full course meal food service and consumption shall be the
 primary function of the restaurant, and full course meal service shall be continued up until the hours of
 closing, but only if located in the Non-Marine Use Overlay Zone. Drinking establishments shall not be
 permitted under this section.

 4. Banking services without drive-up services, but only if located in the Non-Marine Use Overlay
 Zone;

 5. Laundry and dry cleaning services; (included as not permitted, above)

 6. Cabinet and carpentry shops, studios for artists and crafts people;

 7. Intermodal transportation facilities;

 8. Cold storage facilities;

 9. Museums and art galleries; and

 10. Outside accessory activities

 (c) Public:

 1. Landscaped pedestrian parks, plazas and other similar outdoor pedestrian spaces, including
 without limitation pedestrian and/or bicycle trails;

 (d) Other:

 1. Accessory uses: [see ordinance for interior accessory uses customarily incidental and
 subordinate to the location, function and operation of permitted uses, and interior meeting or
 classroom space accessory to marine research, education, and laboratory facilities]

 2. Street vendors licensed pursuant to chapter 19.

 3. Wind energy systems, as defined and allowed in Article X, Alternative Energy.



 Sec. 14-308. Conditional use.
 Delete 14-308 (b) in its entirety, which allows one residential living space per wharf, limited to
 occupancy by the primary owner of a marine business, limited to 1,000 square feet (including exterior
 porches and decks) for year-round use (the “McAleney amendment”).




Suggestions from Portland’s Working Waterfront Group for limitations on uses in the WCZ
April 3, 2019
 Agenda 3
 Fishermen Suggested Zone amendments



 Sec. 14-309. Prohibited uses.
 Uses which are not enumerated in either section 14-307 or 14-308 as permitted or conditional uses are
 prohibited. Those uses that are prohibited shall include, without limitation:

 (a) Except as provided in section 14-308, residential uses (not in existence on May 5, 1987),
 including but not limited to dwellings, living units, rooming units, emergency shelters, short term
 rentals, long term rentals and similar residential uses;

 (b) Hotels, motels, hostels, bed and breakfasts, inns, lodging houses, tourist homes, or and
 boatels;

 (c) Auditoriums, civic centers, convention centers or other meeting facilities;

 (d) Drinking establishments, private clubs, or nonprofit social and recreational facilities;

 (e) Ground mounted telecommunication towers, antennas, and/or disks; and

 (f) Drive-up services for any use other than a permitted use listed under 14-307(a) or 14-
 308(a)(1).

 (g) Marina intended primarily for berthing of non-commercial vessels (not in existence on May
 5, 1987).




Suggestions from Portland’s Working Waterfront Group for limitations on uses in the WCZ
April 3, 2019
Waterfront Working Group
Summary Table of Zoning Issues, Approaches, and Status DRAFT 4-3--19
Zoning Issue Approach Status Next Steps
Contract/Conditional Eliminate option for site specific Resolved. The WWG will Staff to recommend
Rezoning zoning within the WCZ likely not have complete to Planning Board
 agreement on elimination
 of the tool
Non-marine Use Revise line to 125 ft offset from Likely to Remain Staff ready to
Overlay Zone Commercial St with 300 ft at Long recommend to
 Wharf Un-Resolved. The Planning Board
 WWG will likely not have
 complete agreement.
55% first floor and Separate open areas from first floor. Apparently Staff ready to
open area Marine recommend No %
 Resolved. Percentages changes to Planning
Use Requirement Lobstering group suggests 70/30
 discussed by WWG on 3-7-
 split for open areas
 19 and 3-21-19. General
 Board
 Require marine use occupancy as a support for the status quo. No resolution on
 condition for non-marine occupancy Lobsterman’s letter suggests marine use occupancy
 70/30 requirement
First floors marketed Eliminate the requirement, subject Rejected by the Staff ready to
to marine use as a to agreement that the Marine/N-M recommend to
 use split has been adequately WWG on 3-21-19 Planning Board
condition for non- addressed
marine use extending the
 Strengthen the requirement Resolved. Extend marking time from
occupancy marketing time to 180 days 60 days to 180 days
Marine Use Replace with annual report of General agreement Staff ready to
Inventory “significant development.” Add recommend to
 periodic broad “assessment of the Planning Board
 marine economy”
Parking Some issues to be covered with the To be considered Non-zoning issues
 Performance Standards need a dedicated
 with performance meeting
 Consider “marine use parking” as a
 distinct use. See below. (NEW Standards and Use Use approach to be
 APPROACH) discussed on 4-4-19
Permitted Uses Restricting some uses from areas Under Discussion. WWG discussion on
 subject to marine use requirements From 3-28, Consideration of 4-4-19
 (outside of more permissive Overlay prohibiting restaurants from
 areas) areas outside of Overlay
 Consider “marine use parking” as a Not yet discussed
 distinct use (NEW APPROACH)
Performance Combine NM parking, functional General agreement Confirm on 4-4-19
Standards utility, and Marine/N-M
 from discussion on 3-28
 compatibility standards under a
 single standard. Create a
 submission requirement for an
 “access management plan”
 Retain ”exclusive use” provision General agreement
Lot Coverage, Suggestion to limit both Not yet discussed WWG discussion, 4-
Building size 4-19
Enforcement Likely, no ordinance changes, but Not yet discussed WWG discussion, , 4-
 will explore better reporting and 4-19
 education
Non-zoning issues to be addressed separately