Lewiston Planning Board grants extensions for Continental Mill, Sanctuary Estates

[0:11] Speaker A (unidentified): And so, why don't you vote? [0:13] Shanna Cox: Proximity to open seat, I know, is the one that we want to go in. [0:16] Speaker A (unidentified): He'd have to move. Oh, okay, that's kind of funny. Yep. Or maybe we do. Plus, he talks less, and so, you know, we'll get through this faster if he's a voter. We're going with you. Talk less, okay. Yeah, all right. Oh, yeah, more. [0:30] Shanna Cox: Are you up? Yep. Okay, great. Good evening, my name is Shanna Cox. I'd like to call this meeting to order. I'm the chair of the planning board. Today is Monday, June 8th, and we'll proceed with our agenda. This evening, can we begin with the roll call? Heidi Burtels? Here. Darren Glant? Here. Amy Smith? Here. Shanna Cox? Here. Zoe Lidstrom? Here. Lucy Bisson? Here. Pen Thea Burns? Here. Michael Marcott? Present. Please let the record reflect that we knew Alex Pine would be absent today. In his absence, we've asked Darren to vote as a full voting board member. As a reminder, Heidi, you are invited to weigh in on all items. 30 adjustments to [1:15] Speaker D (unidentified): the agenda, we do have an addition and other business of item C, which is an extension of the approval for Sanctuary Estates Phase 2 subdivision at 131 Hogan Road. Thanks, [1:32] Shanna Cox: but no public hearings, so no significant impact, correct? No. If you'd like to add another business item now would be a great time to do it. I would just like to revisit the discussion that we had a while back, actually before Heidi and Darren joined us, regarding short-term rentals and keeping track of those in the city. It's been so busy with budget and other stuff until now, but now is my first chance. That's great, I'd appreciate that, and i would we'll make that item d i'd like to touch on if we would like to name it item e any updates from staff regarding recent City Council action on the no-name pond and how that might relate to future action for this board that's alright any other business that would like to add in advance is there correspondence no we have no public hearings this evening so we'll begin with other business 5 a J and J and L is this to Roman numerals great thanks LLC and J and a H LLC have submitted an extension request for the approval of the conversion of 145 Lisbon Street, the professional building, into 20 residential units and two commercial units. We have our memo. Is there anything that you'd like to share with us, Shelly, before we bring the applicant up? Oh, no, [3:13] Speaker D (unidentified): only to say that actually all three items on tonight's agenda were approved two years ago. Yeah, on the 10th of June, so that's why they are all here. [3:25] Shanna Cox: This evening it is a fun little run this evening. Thanks. There anything that you'd like to name for the board before we act on this item? Great, questions or comments from the board. We'd be looking for a motion. A motion to approve the extension as requested. I thought I had to read the whole thing. Yes, that motion to approve the extension. Any further discussion on this item? Thank [Speaker E (unidentified): you. Okay.] Great, that's lovely. Can you call the roll? Darren Glant. Yes. Amy Smith. Yes. Shanna Cox. Yes. Zoe Lidstrom. Yes. Lucy Bisson. Yes. Panthea Burns. Yes. Michael Marcotte. No. Thank you. Did you wanna register anything about your no vote for the record, Mr. Marcotte? [4:36] Sadiq Sheikh: That can review the minutes of the June 10th, 2024, [4:40] Shanna Cox: where I voted no. Okay, great, thank you. Then we'll move on. Congratulations, sir. Yep, you're welcome to stay. It's gonna be a fun night of the same. You wanna hang out? Feel free, we're a lovely bunch. We're gonna move on to other business. Beach and Bergen Continental Mill LLC have submitted an extension request for the approval of to Cedar Street, the Continental Mill redevelopment, for the creation of 45,000 square feet of commercial space and 377 housing units. There anything that you'd like to set the stage with, Shelly? No. Great. Anything you'd like to add to the board before we ask some questions? You should be [5:20] Michael Tatum: live. Sure. Michael Tatum a Wieland, I'm a civil engineer with Teradyne consultants. Just want to say that we've been working very hard, the entire design team, on this project to pull together construction documents, and chinberg the owner and developer has been working hard on securing financing for this project, and they we do expect to start construction this summer, but just need a little more time to pull all the details together. Thank you very much. [5:54] Shanna Cox: Sounds great. Heidi, is there any way you'd be willing to give us a brief [5:59] Speaker A (unidentified): overview of the project in general? I know it's been a few years at this point. Many of these members were here, but I know that I and a couple other people are brand new, and brief is absolutely fine. I don't, it's not the original, that's great. Yeah, I'm [6:25] Shanna Cox: sorry, don't be, it's thanks for being in for a board member who cares enough to ask, that's great. Yeah, sure, so is this one on [6:39] Michael Tatum: As well, yes, okay, here's the site plan, and this is, this version is a little newer than the one that was approved. It's got a more detail on it essentially, but largely the same. Cedar Street is on the bottom of the plan, Oxford Street on the right, and the river of course on the left, the mill. The project is to redevelop the mill. Many of you know that the, this building here was the first phase of construction. That is affordable housing developed by the Zanton company, and that's currently occupied and up and running, and Chimberg is planning to redevelop the rest of the mill. The residential units are in over in this area and throughout, so on the top of the plan and down on the right side of the plan, and this area here in the bottom right will also have quite a bit of commercial space as well. As far as the site goes, the, all the parking will be re, redeveloped. Right now it's kind of just a sea of pavement, so better pedestrian access, sidewalks all the way around the site, accessibility of course One sort of really nice feature is this internal courtyard is going to be dressed up quite a bit with sort of fire pits and grills for the residents and just sort of landscaped outdoor space for everyone living in this facility, and the other thing I'll point out is the Riverwalk comes right through the site. It's gonna down here from Cedar Street, traverse the site along the river before it reaches a little parklet in the northwest corner of the site, and then crosses this canal and continues to the north. Would you like to [8:57] Shanna Cox: because I feel like it's likely to come up if we ever, you other plans, whether it's from your side of the riverfront master plan side, would you like to discuss the memorial cistern hole site location? I would, so yeah, there's a [9:16] Michael Tatum: today a large hole in the ground. It's exits come into the Andrew Scoggin [9:24] Shanna Cox: It's the hole that leads to that. I've kayaked all the way into there. Yeah, it's the, there's skylight from that particular canal. There are brick pen stocks [9:37] Michael Tatum: that connect this canal they actually run under the parking lot into the building this was former power generation and then they were and then out into the river here and we've worked pretty closely with the city on how to how to shore these up how to make sure they're gonna be safe and in the decision was to cap them this hole is going to be filled in fact the city is going to fill that hole in that 's a sort of a new development that's an update from we're going to [10:14] Shanna Cox: Put railings around it and let people see the history. Correct, yes, but previously the design [10:20] Michael Tatum: was to sort of make it a sort of a landscape feature with lighting and with, I feel better [10:26] Shanna Cox: about the safer version that we're talking about now. It's better for all [10:29] Michael Tatum: involved, so it'll, it'll just be, you won't even know it was there, frankly. It'll be landscaped over with some water just gets diverted back up to the canal, so it's just not coming, so there will be no more water coming through those penstocks. Yeah, that's a good update. Yeah, it was one area of much [10:50] Shanna Cox: discussion. Any other? Yes, is this market housing, Mark, or is it subsidized? [11:08] Speaker H (unidentified): it's market rate it's market rate and I know it there was a mention of a possible restaurant as well as commercial spaces is that still in the plan I mean I know it's still there but I 'm not sure about whether or not [11:24] Michael Tatum: a tenant has been found yet, but it's, they would like, they'd like, okay, with a patio up here, right? I think it was actually here, this standalone building [11:35] Speaker A (unidentified): oh, okay, yeah, exactly, yeah, there's a, I was wondering, so there's also that powerhouse like on the northwest side of this, do you guys own, yeah, I think it's, isn't there a power station like along the water right there? Honestly, that's on [11:53] Shanna Cox: the other side of the, yeah, okay, yeah, other questions for the [12:04] Speaker E (unidentified): applicant before we seek a motion? I do have one question. So is Chin Berg responsible for developing that Riverside walk, or is that the [12:17] Michael Tatum: something the city's gonna do so the city the city will be building the path itself and in lighting along it and a fence along it as well but the other improvements like this sort of the parklet that's i don't know i may have just made that word up parklet that's up in the northwest corner there that 'll be [12:40] Shanna Cox: developed by Chinberg. Okay, great, thanks. They provided an easement to the city to allow for the continuation and part of the kind of agreement with the whether that was that the city would complete that, correct, activity which is something we've been making sure happens as we look at the capital improvement. Any other questions? I'll make a motion pursuant to article [13:06] Speaker H (unidentified): 13 section 11 of the zoning and land use code to grant a two-year extension of the June 10th 2024 development review approval to Continental Mill LLC for the redevelopment of to Cedar Street until June 10th 2028 to start [13:23] Shanna Cox: construction. Thanks, is there a second? I'll second, thank you. Any further discussion on this item? Thanks, so we call the roll. Darren Glenn, yes. Amy Smith, yes. Shanna Cox, yes. Zoe Lidstrom, yes. Lucy Bisson, yes. Penthea Burns, yes. Michael Marcotte, yes. Thank you very much. You congratulations. Yes, you'd be sure to let us know when you're celebrating that groundbreaking. Yeah, I'm glad to hear the deathtrap feature. Featured element. It's so cool though. [14:11] Speaker A (unidentified): It's like kayaks through the tunnels up inside of it. [14:15] Shanna Cox: I think it is the like drop to that vantage point that made us nervous. Is so that actually is, yeah, it's a little bit comforting, you know. Okay, we're gonna move on to other business items. C S A and N A LLC and A and T Trust LLC submitted an extension request for the approval of the Sanctuary Estates Phase Two subdivision. This is a 14 lot single family cluster development at 131 Hogan Road. I know it's just you so it doesn't matter who wrote the memo. Anything you'd like to present us tonight about this item? No? Okay, thanks sir. Would you like to join us? Is there anything that you would like to share about this item? Come on up and introduce yourself. Good to see you back. Good evening. [15:05] Sadiq Sheikh: I'm Sadiq Sheikh. I'm here to get the extension of the Phase Two for two years. A couple of things happen as you know that this project. We have purchased and we have a two corporation, S-A-N-A-L-A and then A-N-T-L-L-C. C-A-N-T-L-L-C is the gentleman is 85 years old and he got a heart attack also last year. And I was happened to be pilgrimage and I got an email that somebody else wants to take over his interests, which home I cannot work so we decided to meet the bankers Main Community Bank and quietly we have other properties collaborating and I paid him off and we took over so we have a hundred percent occupancy that one and then couple of months later I got a knee surgery so some folks understand that and a much the day the research either I got Sally send a letter I didn't receive in all kind of things later on I met Jeff Manson right here but during the whole things about we continue to develop the Phase One. The Phase One a pound works is done, the road testing is done as I mean a final grading of the road is already been paid and fully done right here and we are in, we are seriously interested and as of today you still this whole project has no mortgage on it. We financed from other property that mean I have hundred percent in there is no way I'm gonna be the only way I did do this. Situation otherwise, I would have started this project in phase two because we, I live in Massachusetts and Massachusetts politics is totally different. When this gentleman was approached with a higher amount of money and that builder has sued everybody, and I have a great RELATIONS WITH THE CITY. I'VE BEEN DOING BUSINESS FOR 26 YEARS HERE. I KNOW ALL THE CITY'S OFFICIAL AND FIRST OF ALL I CAN'T DO SOMETHING. SO MY WIFE HAS COME UP AND SAID UH WE HAVE A TWO CHOICE SURRENDER OR FIGHT BACK. SO I MET THE YOU KNOW THE PRESIDENT OF MAIN COMMUNITY BANKS. HE ENCOURAGED ME AND SAID WE ARE WITH YOU. WITHIN 30 DAYS SHE CAME UP OVER A MILLION DOLLARS. WE'RE 1.2 TO EXACT and we paid him off. So in this process project is slightly delayed but we intend to continue. You sound very invested. Literally I have no choice. Yeah Amy is my neighbor she knows me. Yeah that's great thanks. Is there a [17:57] Speaker H (unidentified): motion on this item? I'll make a motion pursuant to article 13 section 11 of the zoning and land use code to grant a two-year extension of the june 10th 2024 development review approval to s a and a n a llc and ant trust llc for the completion of 14 house lots and the construction of new road to city standards at 131 hogan road representing phase 2 of Sanctuary Estates subdivision until June 10th 2028 to start construction. Thank [18:34] Shanna Cox: you. Is there a second? Thank you. Any further discussion on this item? Call the roll please. Darren Galant yes. Amy Smith yes. Shanna Cox yes. Zoe Lidstrom yes. Lucy Bisson yes. Penthea Burns yes. Michael Marcotte yes. Thank you. Thank you sir. Good luck. Good luck. Thank you. We'll move on to our other business items that we've added and so I'm gonna invite Zoe to revive the discussion on short-term RENTALS? YEAH, I'LL JUST GIVE A LITTLE SORT OF BACKGROUND AND UPDATE TO FOLKS WHO JOINED SINCE I BROUGHT THIS UP LAST. I'M NOT EXACTLY SURE WHAT MEETING IT WAS, BUT IT WAS SEVERAL MONTHS BACK. SOMETIME IN THE WINTER RIGHT BEFORE LCIP DISCUSSIONS. KIND OF GOT FORGOTTEN ABOUT FOR A WHILE. BUT BASICALLY I HAD ASKED TO BRING UP A DISCUSSION ABOUT SHORT-TERM RENTALS AND POTENTIALLY WHETHER WE NEEDED TO CONSIDER REGULATING THAT. CONNOR CAME BACK WITH SOME STATS INDICATING THAT THERE IS CURRENTLY A PRETTY LOW LEVEL OF PERCENTAGE-WISE OF THE NUMBER OF UNITS OF HOUSING WITHIN LOUISTON AND HOW MANY OF THEM ARE CURRENTLY DEDICATED TO SHORT-TERM RENTALS, SO AT THE TIME HE DIDN'T FEEL THERE WAS A NEED TO INTRODUCE A NEW ORDINANCE TO REGULATE THEM, BUT THERE WAS, WE HAD A GOOD DISCUSSION AND There seemed to be a lot of people who were to be among the members of the board at the time, a pretty broad approval of the idea that perhaps we should at least just keep track of them. And there were a couple of suggestions made at that time that either when getting a rental permit, that there could be like a separate checkbox, you know, for a landlord, like are you letting this as a short-term rental or as a long-term. And then there was also discussion that it could be kind of incorporated into home business applications, I think was the other option. And so I still think that it would be a great idea to just keep track of these, that we kind of know what's going on, should we decide at some point in the future that maybe there does need to be some level of regulation around how many a single owner could have or what have you. That's a discussion for the future, but at least we wouldn't be caught off guard, because I think we would have a better idea of what's actually going on, rather than I think Director Connor mentioned that sometimes he peruses Airbnb or other websites just to see what's out there and catch code violations, I guess, from the photos. But it seemed to me that there might be a more efficient way to keep track of that, and wanted to bring that back up. I'm gonna just add one piece to that, and then Amy, and then Heidi, which was, and Amy feel free to expand on this, but was to name that conversation did revisit the rental registry conversation, what's the compliance, how is that happening, what's the regular education. And I feel like if the tracking and do something at some point or at a checkbox was a conversation, it was congruent to this conversation around the registry process, which I think, as we talked about it, and for our new members' sakes, really reflected less of a desire to like tax or regulate in a different way, but more to capture information and make sure we're in communication with property owners when somebody might be in the residence that's not responsible for the residents, and how, from an emergency and city services perspective, would be able to deal with that. So that was, that was the impetus for that, as well as kind of managing and tracking it over time. Amy, did you want to add to that or whatever [22:44] Speaker E (unidentified): Your hand was raised about specifically, yes. So I have a big concern that with the revaluation and so many people who are in single family homes that have been there for a very long time and are struggling to retain those homes, I think there's a very real possibility of a lot of investors swooping in and buying up those homes and converting them to Airbnbs. And so I think we should get ahead of that and we should think about a cap on the type of housing that can be used for short-term rentals, but I mean really do a deep dive into this because this has happened in communities all over the United States and especially like whatever, especially small single-family homes, which are ideal starter homes for homeownership, which as you know this is what I believe firmly in. So I think that I just think we're seeing a lot of shifting in this next year and I would love to get ahead of that. Zoe, thank you. [23:43] Speaker A (unidentified): Heidi, so I hate to admit this, but I actually have a background in managing a large chain of Airbnb's, and so my initial reaction is you mentioned that your point was to not impose a tax, so there's not currently lodging tax being [24:01] Shanna Cox: applied to either Airbnbs or hotels. That's, that's not true. I do think there is a gap around regulations, licensing fees for business and taxes for short-term rentals. I believe our lodging tax, state level lodging tax is applied and that for what it's worth, and I don't know where you come from and what other state policy like even just where you might have managed properties in other states, even if you were living here, the reality is that we don't have the ability currently under state law to levy a lodging tax at the municipal level, and so lodging taxes are applied at the state level and there was actually some legislation in this last session about that debate in general, but currently we can't just levy a lodging tax locally. So [24:50] Speaker A (unidentified): theoretically if somebody is renting a short-term rental through a medium like Airbnb or, but like they should be paying lodging tax to the state based on that, and so doesn't the state have a database of people that are paying lodging taxes [25:06] Shanna Cox: in that feels like a great question to add to the follow-up of when we tackle this issue with intention next, which is how we tracks, which I think is what Zoe's request is. Yeah,, that's what you're looking for. [25:21] Speaker A (unidentified): And I finally, I agree with you. Yeah, getting ahead of it, because if we are tracking it, then we're making people not want to. Disincentivize. Thank you. You're welcome. People from doing so. Yeah. Because instead of trying to do that, they're gonna say, oh, you're not an easy mark, loose and you're paying attention to what we're doing. We're not just gonna swoop in there. Yeah. And so even though there aren't many, and it may not seem worthwhile, while, Houston's getting better. And at some point, people are gonna be like, hmm, oh, maybe people do want, there's not a lot of hotels there. Maybe I should buy some houses, they're inexpensive. So I 100% agree, and yeah. [26:01] Shanna Cox: Shelley, would it be helpful, and Zoe, this is my question for you, did Penthea, do you have a question too? [26:06] Speaker J (unidentified): No, go with your question, I don't have a comment that's sort of a little bit broader than that. [26:11] Shanna Cox: I would love to see, and you can feel free to say, no, that's not what you were interested in, but I'd love for us that initial conversation to just hear about some of the basic policy tools that are legal and available to us and then we can talk about those drafts or samples from other communities at a later date so like I'm not trying to up front a ton of research but I think it would be helpful to say a registration fee is something we can levy a registration with no fee is something we can live a business licensing fee is something that we could levy like what are the policy tools that are available to us under current local ordinance and state law would be helpful so that we can maybe have a discussion of so I think this board has always in my experience regret even despite varying members coming and going we've always really tried to find a balance of finding something that is pro development and pro business while also ensuring that happens in a way that safeguards key resources and i think our housing inventory allowing people who want to live here and call it a home and have an income here and pay taxes locally is like a resource that we would want to be thoughtfully managing while also you know making sure that we're helping people i think about short-term rentals were a huge piece of this community's ability to survive COVID with all of the traveling nurses and there was a lot of short-term rentals that might not be listed on Airbnb and I think even just Understanding how are we defining it in our current language would be helpful. Do we have a difference between a Airbnb, vacation rental, versus a short-term rental? And yeah, how long do you have to be there? Is it furnished? Like what [27:58] Speaker A (unidentified): makes it? And if whatever that definition is like affecting the data sources that may already exist, like if we don't have to make people fill out another form because they're already paying taxes on something and we can just pull that data source in instead of levying another form or another fee or another, you know. Yeah. Yeah. Yeah. Good. I don't know if that exists. Penn and then Zoe. Is that all right? -huh. [28:22] Speaker J (unidentified): My comment was one, just appreciation for raising this again, and wonder if there are different points of data, this being a great example of one, but different points of data that we might want to annually or biannually take a look at and see how it sort of this and other kinds of things. So that was my comment. I love data anytime we can [28:51] Shanna Cox: Yeah, not a lot to add. I think Shannon, you encapsulated kind of what my request would be, so you're really good at kind of pulling those things together, so I appreciate that. And I'm encouraged by some of the comments here tonight because I too am concerned that even if we don't have a problem now, we could, we could have one in the future. And at the same time, I recognize that sometimes somebody renting a room in their home for a short term is a great way for them to perhaps continue to afford to live in that home. So I think there's probably a good, a good balance can be reached and we can be proactive, so it'll be great to talk about. I appreciate your comment about the movement to leave. I've been visiting a lot of homes and neighborhoods in Lewiston recently and I've been tracking real estate numbers. Auburn has about 39 homes on the market and Lewiston has about 69, and that gap has grown since the reevaluation. And there has been, as I'm sure you all have noticed, a lot of public commentary about the re-evaluation. There's still a lot of unsettledness about that and the fact that we, and I'm saying this for the record, so I'm I am saying this for the record, and so I hope that when this gets transcribed it's part of the record that the desire to push out the implementation of the re-evaluation without communicating what that now looks like and what that number is going to be and what that mill rate is going to be and there being no more communication after you know the first step of we've tripled which was pretty universal across the board and then the second step of we're gonna implement it no we're not we're gonna wait it's gonna be later and that's the last of people I've heard have left them fearing the worst and making concrete plans like calling real estate agents or fixing porches to ready to sell and so I would hope that City Council and city administration would take the opportunity of a one-year extension to increase communication and start immediately because people are not gonna wait until next year two months before budget cycle to figure out if they're putting the house on the market or what their new tax bill is going to be folks particularly on fixed incomes are making those choices right now and we're seeing that they're very tangible ways that will impact our tax base and literally the fabrics of many neighborhoods in our community so it's a really important point and as we're about to talk about with the no name pond overlay just you know getting an ordinance done can take a couple iterations and a really long time and so if that's the future of whatever comes out of a short-term rental discussion we don't want to be behind the eight ball to have started it no name pond i didn't get to attend city council i heard our recommendations were considered but then there was a rejection of some language and it's coming back to us do you know if that's accurate and what and can this family who's trying to get the permit like break ground in the short [31:59] Speaker D (unidentified): construction season or is that also paused so the city council provided alternative language and has sent it back to the planning board for review you will have a public hearing on the 22nd of June which is your next meeting so that's what we're scheduling do you how I don't know how much more you want me to go today then the family who was [32:29] Shanna Cox: trying to construct on their home are they like waiting for this back and forth still or have they been able to break ground or walls or whatever I don't know the nature of their construction project but yeah start [32:42] Speaker D (unidentified): their work I don't know as I have an update on that tonight for you okay [32:45] Speaker A (unidentified): Okay, with that language, do we have a copy of that anywhere? Did I miss that in our packet? No. [32:51] Speaker D (unidentified): I mean, we do have it if you want me to email it out. It's like one or two sentences essentially, the discussion that was had at the meeting and also some comment from others. IT WAS FELT THAT THE STAFF INTERPRETATION OF THE LANGUAGE WAS NARROW AND THAT WE DIDN'T NEED TO MAKE THE CHANGES THAT WE PROPOSED. SO THE COUNCIL ELIMINATED THE PROPOSED CHANGES AND INSTEAD ADDED SOME LANGUAGE REQUIRING THAT ANY WORK DONE IN THE BUFFER WOULD MEET MDP standards. That's the sort of the gist of what's coming back to you, so but I'm happy to email that out tomorrow because we do have it currently. Will we [33:50] Shanna Cox: see a red line so we can see the before and after, and the before being that which we sent as a recommendation and the after being what they recommended for changes back? Not the before, because we've been down this road. I can [34:03] Speaker D (unidentified): certainly send you what we sent to council and then send you what they sent back. That's great. There'll probably be two documents if that's okay, instead of trying to highlight or underline the areas of importance. Yeah, and what you'll see is that in the chart the language is all going to be the same, and the article had six sections to it. There's a seventh section that got added, so that's how the edit came back from council was the addition of a seventh section and not doing it in the chart, so you'll have to look a little down the page [34:37] Shanna Cox: to see what they're proposing. We'll search. Okay. Yeah, thank you. Any other business? Motion to adjourn? Nope, not yet, ma'am, but i love that energy. We need to do reading of the minutes, please. [34:56] Speaker D (unidentified): We're looking for, oh no, there aren't any available. I apologize. They will be [35:01] Shanna Cox: available for review, and then there is a motion to adjourn on the table. There is. I love that. Thanks. All in favor? Who was the second? Was Is that Amy? Yes. Yeah. Yeehaw. All right. Well done, everybody. I'm making it. Okay. I don't know if it's going right to the shredder. I don't know if it's going right to the shredder or not. All right. Yeah. Everybody, tomorrow is election day. I don't vote.