South Portland Planning Board

Updated 22 days ago

South Portland Planning Board - July 9 2025

Chapters

Welcome and Call to Order (00:00:14)
The meeting was opened with a welcome and a call to order, noting that it is a public proceeding with rights for the public to hear all discussions unless an executive session is called.

The meeting was called to order with a welcome statement. It was emphasized that this is a public proceeding, and the public has the right to hear everything said unless the board votes to go into executive session. The meeting is conducted both remotely and in person following a hybrid meeting policy. The board will work from a prepared agenda.
Pledge of Allegiance (00:04:27)
The Pledge of Allegiance was recited by those present at the meeting, marking the official start of the proceedings.

The meeting continued with the recitation of the Pledge of Allegiance. This is a customary part of the meeting to show respect and allegiance to the nation. The attendees stood and participated in the pledge.
Roll Call (00:04:50)
Roll call was conducted to establish a quorum for the meeting. Five out of seven members were present, allowing the meeting to proceed.

A roll call was conducted by Director Nevada. Members present included Mr. Bramble, Chair Kelly, Mr. McDonald's, Mr. Sanaria, Mr. Taylor, and Mr. Tuttleman. Mr. Crowley was absent, and Mr. McDonald's was excused. With five members present, a quorum was established, allowing the meeting to proceed.
Approval of Minutes (00:05:26)
Minutes from the last meeting were reviewed and approved unanimously by the members present.

The minutes of the last meeting were posted for review. The members had the opportunity to review them, and there were no questions or comments. A motion to approve the minutes as posted was made by Mr. Taylor and seconded by Mr. Chatman. The motion passed unanimously with a vote of five members present.
Report Out of Staff Approvals (00:06:19)
A report out of staff approvals was presented as an informational item only, with no action required from the board.

The board received a report out of staff approvals, which was presented as an informational item. No actions were required from the board on this item.
Public Hearings - Continued Zoning Text Amendment (00:06:33)
The board discussed a continued zoning text amendment application for South Portland Property Holdings, LLC, involving potential changes to retail and gas station operations.

The board addressed a public hearing item concerning a continued zoning text amendment for South Portland Property Holdings, LLC. The amendment involves allowing overnight operations for retail and gas stations. The planning director provided an overview and clarified that the amendment would require express approval from the city for new facilities, while changes to existing facilities could be handled through a do minimus change process. Public comments were collected, expressing concerns about increased crime, noise, and disruptions to the residential neighborhood. The police chief provided a memo addressing public safety concerns.
Public Comments (00:26:08)
Public comments were heard regarding the proposed zoning amendment, with several residents expressing opposition due to concerns about neighborhood impact.

During the public comment period, several residents voiced their opposition to the proposed zoning amendment for South Portland Property Holdings, LLC. Concerns were raised about the potential increase in noise, crime, and negative impacts on the residential neighborhood. Some residents shared personal experiences and observations related to the site's current operations and its impact on the community.
Discussion on Potential for Homeless People in CMP Corridor (00:33:25)
Discussion on potential for homeless individuals in the CMP corridor, noting the area is not owned by the city and experiences shared by local store operators.

The discussion began with concerns raised about the potential for homeless individuals to occupy the CMP corridor, an area not owned by the city. The discussion included observations shared by local store operators about their experiences with mischief during late hours.
Board Member Comments and Questions (00:34:11)
Board members, including Mr. Bramble, commented on the political nature of the discussion and the historical decisions regarding the contract zone and gas station.

Mr. Bramble shared his perspective that the issue seemed more political than planning-related, noting the historical decisions when the gas station was initially approved. He questioned whether the current discussion is a relitigation of past decisions and expressed interest in the findings from the original approval.
Concerns About Consistency with Comprehensive Plan (00:36:00)
Discussion about the consistency of the contract zone with the current comprehensive plan and the implications of rezoning from residential to a conditional armory zone.

The board discussed the consistency of the contract zone with the comprehensive plan. There were concerns about rezoning from a residential area to a conditional armory zone and the potential performance standards required to mitigate negative impacts on the surrounding neighborhood.
Public and Board Concerns on Crime and Security (00:38:00)
Concerns raised about potential crime associated with extended hours, and discussion of possible conditions to address security measures.

Board members and public participants expressed concerns about the potential increase in crime if the business hours were extended. There was a discussion about imposing conditions related to security measures, such as surveillance and lighting, to mitigate these risks.
Planning Director's Role and Review Process (00:42:00)
Clarification on the planning director's role in processing changes and the possibility of escalating sensitive matters to the planning board.

The planning director provided clarification on the process for handling changes, noting that while some changes can be approved by the director, sensitive matters may be escalated to the planning board for further review. The board discussed the importance of having a public hearing for such matters.
Zoning and Use Restrictions Discussion (00:49:00)
Detailed examination of zoning maps and restrictions on uses such as gas stations and neighborhood convenience stores.

The board reviewed the zoning map and discussed the restrictions on certain uses, including gas stations and neighborhood convenience stores, in various zones. They examined the historical context and implications of these restrictions on current zoning decisions.
Historical Context of Conditional Armory Zone (01:00:00)
Review of the purpose and standards of the conditional armory zone, focusing on minimizing negative impacts to residential areas.

The historical context of the conditional armory zone was reviewed, emphasizing the purpose of allowing certain uses while minimizing negative impacts on nearby residential areas. This included a discussion on performance standards such as vegetated buffers and operational hours.
Conclusion and Recommendations to City Council (01:05:00)
Board members provided their conclusions, cautioning against changes and recommending careful consideration by the city council.

In conclusion, board members expressed reservations about the proposed changes, emphasizing the need to maintain a balance between residential and commercial interests. They recommended that the city council carefully consider the implications on the comprehensive plan and local community.
Discussion on Amendment Proposal for Automotive Filling Stations (01:06:22)
A detailed discussion on the proposed amendment to allow overnight operations for automotive filling stations in a specific zoning area.

The meeting included a lengthy discussion on whether to amend zoning laws to allow automotive filling stations to operate overnight in the Western Ave commercial corridor zone. Concerns were raised about the impact on residential neighborhoods and whether the amendment aligns with the city's comprehensive plan. The conversation touched on the potential need for a formal motion and the implications of such a change on neighborhood convenience stores and retail uses.
Public Comment and Applicant Response (01:37:37)
Public comments were made and the applicant responded to queries about business needs and community impact.

Members of the public provided comments on the proposed amendment, expressing concerns about neighborhood impact and questioning the need for extended hours. The applicant, representing Rusty Lantern Markets, responded by explaining the business growth and demand for extended hours from customers. They emphasized their intention to be a good community member and the potential benefits of having staff and operations overnight to deter crime and other issues.
Discussion on Growth Management Act and Comprehensive Plans (01:37:44)
Discussion on the principles of the Growth Management Act, focusing on orderly development and comprehensive plans ensuring compatibility between commercial and residential areas.

The meeting covers how comprehensive plans are designed to ensure orderly development within the community. Discussion highlights issues related to having commercial areas next to residential ones and the use of restrictions on auto-filling stations and retail businesses to maintain orderly development. The goal is to pursue economic growth that expands the city's tax base while being compatible with the city's future vision.
Ordinance Amendment Discussion (01:40:01)
Planning board discusses a motion about not approving a proposed zoning text amendment, focusing on the balance between commercial and residential land uses.

A motion is read to recommend that the city council not approve the proposed zoning text amendment. The discussion focuses on the current balance of commercial and residential land uses in the city's zoning districts, particularly concerning restrictions on hours of operation for certain types of businesses. There is also conversation about potential amendments to the zoning ordinance that may be considered by the city council.
Friendly Amendment and Vote on Zoning Text Amendment (01:47:00)
A friendly amendment is proposed and voted on regarding restrictions and performance standards in zoning districts, achieving unanimous approval.

The board discusses proposing a friendly amendment to clarify the restrictions on hours of operation and other performance standards for automotive filling stations, neighborhood convenience stores, and retail businesses. The amendment is considered a friendly addition to the original motion and is voted upon, receiving unanimous approval.
Introduction of New Zoning Text Amendment (01:47:14)
The next item on the agenda is another zoning text amendment proposal for the city of South Portland, focusing on miscellaneous ordinance amendments.

The board introduces the next item, a zoning text amendment proposal, which includes various miscellaneous ordinance amendments. The proposal aims to align local ordinances with comprehensive plans and address any inconsistencies with current laws. The initial presentation provides an overview of the proposed changes and their alignment with existing comprehensive plans.
Presentation on Miscellaneous Ordinance Amendments (01:49:00)
A detailed presentation on proposed miscellaneous ordinance amendments, focusing on zoning changes and streamlining review processes.

The community planner presents a series of proposed miscellaneous ordinance amendments. Key changes include expanding structure allowances, aligning solar array regulations, and clarifying procedural requirements. The amendments aim to streamline processes, address inconsistencies, and align with comprehensive planning policies.
Public Comment and Board Discussion on Ordinance Amendments (01:56:02)
Board discusses concerns about voting on the miscellaneous ordinance amendments as a whole, considering potential impacts and the need for thorough review.

During the discussion, some board members express concerns about voting on the ordinance amendments without a detailed review of potential impacts. The conversation focuses on the need for more time to understand the amendments' implications, particularly regarding code enforcement and administrative changes. The board ultimately decides to proceed with the discussion to address specific concerns.
Vote on Miscellaneous Ordinance Amendments (02:03:00)
The board votes on the proposed miscellaneous ordinance amendments, ultimately passing the motion with unanimous approval after addressing concerns.

Following the discussion on specific concerns about the ordinance amendments, the board votes on the proposed miscellaneous ordinance changes. After clarifying the amendments' purpose and addressing concerns about their impacts, the motion is passed with unanimous approval, and the recommendation is made to the city council.
Planning Director Updates (02:11:12)
Update on the comprehensive plan update and upcoming workshop schedule for further discussion and public engagement.

The planning director provides updates on the comprehensive plan, noting that a final draft is emerging from the committee. A workshop is scheduled to further discuss the comprehensive plan and engage with the public. The update includes information on the timeline and steps for public hearings and council review.
Discussion on City Council and CPC Roles (02:13:08)
Discussion on the roles of City Council and CPC in making recommendations related to zoning amendments and land use.

The City Council has created the CPC as the formal planning body responsible for making recommendations to the City Council. The meeting discussed the roles of CPC and the attendees in providing input on zoning amendments. While the attendees do not have a formal role, their unique perspective on land use is valued, and their input will be appreciated by the council. The discussion emphasized that the attendees' comments and thoughts would be sent to the CPC and then to the City Council for consideration. The meeting also highlighted the importance of open discussion without the need to pass formal motions, although motions can be made if attendees feel strongly about a particular issue.
Board Member Updates and Training (02:15:00)
Updates on board member training regarding new state laws affecting housing, parking, and subdivision.

The meeting addressed the need for board member training, highlighting new state laws impacting housing, parking, and subdivision. There was a discussion on the routine nature of training for board members and the potential need for updates due to recent legislative changes. It was noted that a 'fix it' bill might be coming forward, affecting how these laws are interpreted. The meeting also mentioned that the current training is the best available, unless new training is developed by the state's planning office, which has not yet occurred.
Adjournment (02:16:31)
The meeting was adjourned.

The meeting concluded with a motion to adjourn, and the meeting was officially closed.

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