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November 6, 2017

Avesta, Portland Chamber oppose Portland's Question 2 initiative

Courtesy / Maine Port Authority An artist's rendering shows what the proposed cold storage facility would look like from Commercial Street on Portland's western waterfront. Portland City Council approved zoning changes increasing height allowances for a 68-foot-tall refrigerated facility while increasing maximum building heights elsewhere on the western waterfront from 45 feet to 55 feet. The project is one of several that could be adversely affected if Portland voters approve the Question 2 citizens' initiative on the city's Nov. 7 ballot.

Avesta Housing and the Portland Regional Chamber of Commerce announced on Friday their opposition to Portland’s Question 2, a citizens’ initiative on the city’s Nov. 7 ballot that would allow a zoning change to be blocked if 25% of voters who live within 500 feet of a zoning change file written objections.

The referendum question, however, would provide a way for a developer to override a citizens' veto — if 51% of registered voters within 1,000 feet of the disputed zoning change approved the rezoning within 45 days.

Avesta and the chamber reviewed recent and current development projects and, based on future projections, determined that if voters approve Portland’s Question 2, in their opinion “it would have a serious and negative impact on growth in Portland and the region.”

“Portland has come a long way in the past 30 years and has continued to pick up steam as a hub of culture and economic activity for the Greater Portland area and indeed the entire state,” Quincy Hentzel, Portland Regional Chamber of Commerce CEO, said in a news release. “We still have our challenges, such as work force capacity, job creation and business investment, and therefore need to continue to advance Portland on its path to progress. If Question 2 passes, it would stop that growth in its tracks.”

The review undertaken by the two organizations looked at Portland development projects made possible by zone changes that were completed in the last five years, are which are currently being permitted for construction, permitted to begin construction, or under construction.

The findings indicate the projects represent:

  • Nearly $1.4 billion in value
  • 2,600 units of much needed housing
  • Nearly 33,000 construction jobs.

In a joint news release, the organizations stated that if Portland's Question 2 passes, “it could put some of these future projects in jeopardy by allowing a minority of abutters to overturn the democratic process by which projects are approved. Portland’s Question 2 would change the City Code and allow 25% of registered voters abutting a project (within 500 feet) veto power over proposed zoning text changes or zoning map amendments. If passed, the veto power would be in the hands of a relatively small number of residents, without input from the planning board, Portland City Council, or the remaining residents of Portland.”

In stating its opposition to Portland’s Question 2, the Portland Regional Chamber of Commerce cited the adverse effect it could have on important community resources, such as affordable housing developments, hospital expansions and the proposed cold storage facility.

Dana Totman, president and CEO of Avesta Housing, agreed with that assessment, stating that it could slow the investment momentum now happening in Portland and possibly make the city’s housing shortage worse.

“Question 2 would stifle and block development in the city of Portland, particularly when it comes to affordable housing — which often requires a zoning change,” Totman stated. “I am frankly not surprised about the $1.5 billion in projects relying on zone changes, as the majority of affordable housing developments in Portland have needed minor zone changes.”

Giving citizens a voice

Courtesy / CBRE | The Boulos Company and Maine Imaging
The old Camelot Farm property includes more than 2,000 feet along Westbrook Street and 1,500 feet along the Stroudwater River in Portland. It is one of the Portland projects involving zoning changes that could be affected if Portland voters approve Question 2 on the city's ballot in Tuesday's election.

Mary Davis, an attorney who led the successful citizens’ initiative effort, told Mainebiz this summer, "The referendum is not an anti-development referendum," but rather a way to ensure that citizens' concerns are not ignored in the planning process, currently in the hands of the Portland Planning Board, which gives a recommendation.

Davis launched the drive in response to a subdivision planned for the former Camelot Farm, which her property abuts, in Portland's Stroudwater neighborhood. The three-phase project calls for building 98 single-family homes and 25 townhouses on 55 acres, with 24 acres will be set aside as open space with public access. Twelve affordable housing units will be part of the project.

Keep Me Current reported on Oct. 12 that Davis is also one of several Stroudwater residents who’ve filed a lawsuit in Cumberland County Superior Court challenging zoning changes at Camelot Farm. 

In an Oct. 16 letter to the editor published by the Portland Press Herald,  Portland resident Mark McCain singled out Americold’s planned cold storage facility on West Commercial Street — and a zoning change approved by the city council this summer that would allow for the construction of a 68-foot-tall refrigerated facility while increasing maximum building heights elsewhere on the western waterfront from 45 feet to 55 feet — as the beneficiary of a “60% height bonus” that was approved “without clear proof of need.”

A flyer put out by the Give Neighborhoods A Voice group states that a "yes" vote on Question 2 would give "developers incentive to discuss a rezoning proposal with neighbors BEFORE it's a done deal" and "corrects the imbalance giving outside developers excessive control over Portland's planning process."

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