planning board report portland, maine

PLANNING BOARD REPORT PORTLAND, MAINE

33 Montreal Street Level III Site Plan and Subdivision 37 Montreal Street LLC, Applicant

PL-000807-2019 CBL: 015 B022

Submitted to: Portland Planning Board Public Hearing Date: July 13, 2021

Prepared by: Andrew Tufts, Planner Date: July 9, 2021

Figure 1: Parcel outline - Source: CONNECTexplorer

I. INTRODUCTION 37 Montreal Street LLC., has submitted a Level III Site Plan and Subdivision application for the development of a four story, nine-unit residential building of 23,400 square feet in size at 33-37 Montreal Street. The subject property is a 10,804 square foot parcel located at the corner of Montreal Street and Willis Street. The subject property is zoned R-6 Residential, is within the Munjoy Hill Neighborhood Conservation Overlay District (MHNCOD), and seeks to utilize the provisions within Sec. 14-140.5 of the legacy Land Use Code to allow for an additional ten feet of building height via the provision of a workforce housing unit onsite for projects located within the MHNCOD.

Planning Board Public Hearing 7.13.21 33 Montreal Street Development

2

The Planning Board held a public workshop for this application on September 24, 2019. At that meeting, the project was presented to the Board by the Planner, Urban Designer, and the applicant team, which was followed by Board questions. Public testimony was then provided, primarily focusing on issues of scale, massing, and neighborhood compatibility. Board deliberation concurred with staff’s assessment that the neighborhood scale is transitory, which affords greater interpretation in the building’s mass and form. The Board appreciated the efforts made to conceal the garage entrance while preserving first floor privacy. One area of concern was the building entrance along Willis Street. The Board requested that the applicant explore ways to humanize the space, which the applicant has since accomplished in their updated plans. Following the workshop, the project experienced a delay and period of dormancy while the applicant explored ways to incorporate the required workforce housing unit into the building in a manner that comports with the City’s minimum square footage requirements for workforce units while meeting their development objectives.

As this project was filed and received its initial Planning Board workshop prior to the December 1, 2020 adoption of the current Land Use Code, it is subject to the previous code, and all code citations within this report have been made accordingly.

A total of 213 notices were sent to property owners within 500 feet of the site and a legal notice ran in the July 2nd & July 3rd 2021 editions of the Portland Press Herald.

Applicant: 37 Montreal Street LLC

Consultants:

• Richard Lo, AIA (Kaplan Thompson Architecture) • Dustin Roma, P.E. (DM Roma Consulting Engineers) • John Swan, Surveyor (Owen Haskell Inc)

II. REQUIRED REVIEWS

III. PROJECT DATA

Existing Zoning R-6 Residential & Munjoy Hill Conservation Overlay District

Existing Use Three single family homes

Proposed Use 9-unit multi-family building

Bedroom Mix 8 three-bedroom units, 1 two-bedroom unit

Parcel Size 10,804 sf

Review Applicable Standards

Site Plan Section 14-526

Subdivision Section 14-497


3

Existing Proposed Net Change

Building Footprint 2,240 sf 5,800 sf + 3,560 sf

Building Floor Area 3,775 sf 29,200 sf + 25,425 sf

Impervious Surface Area 4,724 sf 8,000 sf + 3,276 sf

Parking Spaces 4 13 + 9

Bicycle Parking Spaces 0 5 + 5

Figure 2: Existing axonometric perspective - Source: CONNECTexplorer

IV. BACKGROUND & EXISTING CONDITION

The development site is located on the northern corner of Montreal and Willis streets in Portland’s Munjoy Hill neighborhood and is developed with three existing single-family homes. All of the existing buildings are currently vacant. The site is bordered by the MacArthur Gardens Apartment complex to the northeast, with single-family homes to the east, south, and west. Additionally, the 14-story Promenade East Condominiums Tower is located approximately 200 feet to the north, across Walnut Street, which neighbors the Island View Apartment complex. Both are large-scale residential developments. The sidewalks along both Montreal and Willis streets are in need of repair. There are three established street trees along Montreal and Willis streets; these include Sweet Gum, Honey Locust, and Sugar Maple varieties. A fourth street tree exists along Willis Street, but is in poor condition and should be replaced. The nearest open space is the Eastern Promenade, an approximately three-minute walk down Montreal Street. Fort Sumner Park is an


4

approximately four-minute walk to the southwest. There are two community gardens: the Casco Bay Community Garden, located to the northeast, and the North Street Community Garden to the west; both are an approximately five-minute walk from the development site. METRO Bus Route 1 has stops along North Street and the Eastern Promenade roughly two blocks west and one block north of the development site, respectively.

Owen Haskell, Inc. completed a boundary and topographic survey of the site in August of 2017. There were no existing or proposed easements identified.

Figure 3: Conceptual renderings - Source: Kaplan Thompson Architects

V. PROPOSED DEVELOPMENT

The proposed development is a four-story, nine-unit residential building approximately 23,400 square feet in size. To facilitate this development, three existing vacant single-family structures would be demolished. The new building would include a basement-level structured parking garage of approximately 5,800 square feet in size, and would contain 13 parking spaces, storage, mechanical rooms, trash room, and bike storage. The garage would be accessed via a new driveway off Montreal Street, located at the rear of the building. The proposed building would contain nine dwelling units with a total enclosed area of approximately 23,400 square feet. The ground floor is proposed to include one two-bedroom unit, two three-bedroom units, an entrance lobby, and package room. Floors two through four are each proposed to include two three-bedroom units. A series of terraces are proposed to address the grade change on site. A landscape plan illustrates the planting pallet to be incorporated with the terraces.


5

The proposed project seeks to takes advantage of a 10-foot height bonus (from 35 feet up to 45 feet pursuant to Land Use Code Section 14-140.5(c), Munjoy Hill Neighborhood Conservation Overlay District, which includes a provision for eligible projects of three units or more that include at least one “workforce housing unit for rent.” The unit intended to qualify as rental workforce housing is Unit 14, a two-bedroom unit.

Figure 4: Proposed elevation - front of building – Source: Kaplan Thompson Architects

VI. RIGHT, TITLE, & INTEREST AND FINANCIAL & TECHNICAL CAPACITY

The owner of the property is 37 Montreal Street, LLC. The applicant has provided a copy of the warranty deed, recorded at the Cumberland County Registry of Deeds (Book 8708, Page 61), which demonstrates their right, title and interest in the property.

As evidence to demonstrate sufficient financial and technical capacity, the applicant has provided a letter from Camden National Bank indicating that between the applicant’s funds and bank financing, the applicant has sufficient financial capacity to complete the proposed project. Similarly, information has been provided on the development team demonstrating the capacity to design and construct the project.


6

Figure 5: Plan - basement parking garage - Source: Kaplan Thompson Architects

VII. ZONING ANALYSIS

The property lies within the R-6 Residential zone and within the Munjoy Hill Neighborhood Conservation Overlay District. The following dimensional and parking requirements apply to the R-6 zone:

R-6 Summary of Dimensional and Parking Requirements Applied to

33 Montreal Street

Required Proposed Minimum Lot Size 2,000 sf 10,800 sf Area Per Dwelling Unit 725 sf 1,200 sf Minimum Street Frontage 20 ft 90 ft (Willis St) Front Yard Minimum 5 ft 5 ft Rear Yard Minimum 15 ft 30 ft Yard Left Minimum 10 ft 10 ft Side Street Setback 5 ft (>35 height) 5 ft/ 3 ft Step Back 15 ft rear/ 10 ft side >30 ft rear/ 10 ft side Maximum Lot Coverage 60% 53% Maximum Height1 45 ft above avg. grade 44.5 ft Landscape Open Space 20% 26% Off-Street Parking 1 space per unit 1.4 per unit

1 Maximum height: 45 feet for developments of 3 units or more on lots over 2,000 sf. that include at least one workforce housing unit. Workforce units shall be no smaller than 50% of the average size of the other units in the development.


7

VIII. MUNJOY HILL NCOD & WORKFORCE HOUSING REQUIREMENTS

33-37 Montreal Street proposes the creation of nine residential units within the Munjoy Hill Neighborhood Conservation Overlay District. The height of the building will be greater than 35 feet. Subsequently, the project triggers Land Use Code Section 14-140.5 (c), Maximum Height, and is required to include one workforce housing unit for rent or sale. The workforce unit shall be no smaller than 50% of the average size of the other units in the development and shall be deed restricted for affordability for the longest term possible under state and federal law. For this project, a minimum workforce unit size of 854 square feet is needed to meet City standards. The applicant proposes to provide a 1,059sf two-bedroom unit within the building, Unit 14, as their deed-restricted workforce housing unit, meeting the workforce housing requirements. A memorandum from the Housing Program Manager with additional details has been included within the report attachments.

Figure 6: Proposed elevation - northeast (downhill) - Source: Kaplan Thompson Architects

IX. DEVELOPMENT REVIEW

A. SITE PLAN SUBMISSION REQUIREMENTS (Section 14-527) and SUBDIVISION PLAT AND RECORDING PLAT REQUIREMENTS (Section 14-496)

The applicant has submitted a recording plat. The final plat will need to be revised to reflect any waivers and conditions of approval that relate to the subdivision plan. Any waivers granted must be recorded at the Registry of Deeds within two years of a Planning Board decision.

B. SUBDIVISION (Section 14-496)


8

The proposed development has been reviewed by staff for conformance with the relevant review standards of Portland’s Subdivision Ordinance and applicable regulations. Staff comments are listed below.

1. Will Not Result in Undue Water and Air Pollution (Section 14-497 (a) 1), and Will Not Result in Undue Soil Erosion (Section 14-497 (a) 4) The existing site is approximately 44% developed and slopes from the south side of the property (Willis Street) to the north side of the property (MacArthur Gardens Apartments). Stormwater runoff from the project site drains either to the northeast along the curbline in Montreal Street or to the north to the abutting property. The existing site contains approximately 4,724 square feet of impervious surface, with three separate roof lines. Redevelopment of the project site would result in an increase of approximately 3,276 square feet of impervious area and a total impervious surface of 8,000 square feet.

The stormwater management plan includes the construction of an underground storage and treatment system that consists of a Stormtech Chamber System designed to infiltrate the required water quality volume. The system has been designed to effectively collect, infiltrate and provide treatment of approximately 97% of the total new impervious area and approximately 88% of the total new developed area, exceeding the requirement as indicated in the General Standards of MDEP Chapter 500.

Lauren Swett, P.E. of Woodard and Curran Engineering, Third-Party Reviewer, has reviewed the erosion and sediment control plans and details, as well as the proposed stormwater inspection and maintenance measures, and found the updated plans to be in conformance with the Land Use Code.

2. Sufficient Water Available (Section 14-497 (a) 2 and 3)

An ability to serve letter from the Portland Water District has been received and provided.

3. Will Not Cause Unreasonable Traffic Congestion (Section 14-497 (a) 5) The proposed development is not adding significant vehicular traffic to the streets surrounding the development site and a traffic analysis is not required.

4. Will Provide for Adequate Sanitary Sewer and Stormwater Disposal (Section 14-497 (a) 6), and Will Not Cause an Unreasonable Burden on Municipal Solid Waste and Sewage (Section 14-497 (a) 7) The applicant is proposing to utilize the existing combined storm sewer main lines in both Montreal and Willis streets. If the services are to be combined, this should be done within the right of way. This will allow for future separation within the street. The applicant has designed these connections accordingly. The applicant has provided a Wastewater Capacity Authorization Letter.

5. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics,

historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or by the City, rare and irreplaceable natural areas, or any public rights for physical or visual access to the shoreline (Section 14-497(a)(8)) The site is not within or immediately proximate to an historic district. Development on the subject property, which is a previously-developed infill site within an urban neighborhood context located


9

upland from the water’s edge, will not adversely affect any significant wildlife habitat, rare or irreplaceable natural areas, or any public access to the shoreline.

6. Comprehensive Plan (Section 14-497 (a) 9) The proposed project supports a number of goals identified in Portland’s Plan 2030, particularly in the Housing section. Those goals include the Plan’s stated desire to increase the overall supply of housing city-wide to meet the needs, preferences and financial capabilities of all Portland residents, to encourage contextually appropriate housing density proximate to neighborhood centers, concentrations of services and transit nodes and corridors, and to enable people who work in Portland to have the option to live in Portland. The Plan also highlights the importance of the City’s growth in order to sustain our community, infrastructure, and economy, ensuring growth respects and seeks to preserve of our natural resources, and sensitivity to neighborhood context, which emphasizes the uniqueness of neighborhoods in the Vision Statement (pg. 6).

C. SITE PLAN STANDARDS (Section 14-526) The proposed development has been reviewed by staff for conformance with the relevant review standards of Portland’s site plan ordinance and applicable regulations. Staff comments are listed below.

1. Transportation Standards

a. Impact on Surrounding Street Systems and Access and Circulation

ADA compliance is provided at all door locations. The parking will be accessed from Montreal Street by a driveway between the proposed building and the adjacent property. The residential lobby for the proposed building will be located at the ground level on the southern side and would be accessed from the Willis Street sidewalk.

Mike Tremblay P.E., DPW Senior Engineer, has provided the following comment: • The curb ramp at the corner of Montreal and Willis Street along the project

frontage must be reconstructed per ADA and City of Portland standards. The existing ramp is non-conforming as it does not have a sufficient level landing at the top of the ramp; there may be other deficiencies as well. It is not likely that this ramp will be able to be replaced in its current orientation and achieve compliance; a blended transition ramp (detail attached) or another design will likely be required. The ramp shall be reconstructed in brick per the City's sidewalk material policy.

b. Public Transit Access

All residential developments consisting of 20 or more dwelling units shall provide a transit shelter adjacent to or within the public right-of-way along its frontage. The proposed project provides nine dwelling units and therefore this standard is not applicable.

c. Parking


10

Per ordinance requirements in the R-6 zone, the proposed project is required to have a total of nine parking spaces. The applicant is proposing to include 13 internal parking spaces within the garage, thus meeting the requirement.

d. Bicycle Parking

Five bicycle parking spaces are proposed for the project, meeting the minimum requirement of four spaces.

e. Snow Storage

The project design and layout provides an area of approximately 300 square feet located adjacent to the proposed driveway near the northwesterly corner of the site. Snow storage will not conflict with pedestrian access or parking requirements. Snow melt runoff will be treated with the subsurface chamber system. Staff finds this standard to have been met.

Existing Street Trees

2. Environmental Quality Standards

a. Preservation of Significant Natural Features

As there are no known significant natural features on the site, this standard does not apply.

b. Landscaping and Landscape Preservation

A landscaping plan was submitted as part of the application. The plan shows a variety of trees, shrubs, and perennials, all listed in the City of Portland Recommended Tree List.

There are three well established street trees along Montreal and Willis Streets. The applicant will work with the City Arborist to explore ways to mitigate the impact of utility connections and preserve these trees.


11

Based upon the City’s street tree requirements, a total of nine trees are required. The applicant intends to preserve the existing three trees, plant a fourth and will contribute $2,000 ($400/tree x five trees) to the City’s Street Tree Fund to address the five trees that will not be planted.

c. Water Quality, Storm Water Management and Erosion Control

The stormwater management plan includes the construction of an underground storage and treatment system that consists of a Stormtech Chamber System designed to infiltrate the required water quality volume. The system has been designed to effectively collect, infiltrate and provide treatment of approximately 97% of the total new impervious area and approximately 88% of the total new developed area, exceeding the requirement as indicated in the General Standards of MDEP Chapter 500.

Lauren Swett, Consulting Peer Reviewer, has reviewed the applicant’s plans and project details, and comments are included in the attachments. Staff finds that the proposed stormwater management measures meet the applicable standards of the Land Use Code and Technical Manual.

3. Public Infrastructure and Community Safety Standards

a. Public Safety and Fire Prevention

Mike Thompson, former Division Chief of the Fire Prevention and Community Outreach Division, reviewed the submitted plans and found them to be acceptable, noting the following points (Attachment 1):

• The correct address for this property shall be determined by the City E-911 Addressing Officer.

• The street address shall be marked at the main building entrance.

b. Availability and Adequate Capacity of Public Utilities

The project will be served by Central Maine Power, the Portland Water District, and City Department of Public Works. Evidence of utility capacity has been provided by the applicant.

4. Site Design Standards

a. Snow and Ice Loading

The project design and layout provides an area of approximately 300 square feet located adjacent to the proposed driveway near the northwesterly corner of the site. Snow storage will not conflict with pedestrian access. Snow melt runoff will be treated with the subsurface chamber system. Staff finds this standard to have been met.

b. View Corridors

This site is not within a Protected View Corridor as per the “View Corridor Protection Plan” approved by the Portland City Council in 2001. This standard does not apply.


12

c. Historic Resources

The project site is within 100 feet of a historic district and therefore was previously subject to a historic preservation advisory review.

d. Exterior Lighting

The applicant has submitted a lighting and photometric plan which was reviewed by staff and found to be in conformance with the standards.

e. Noise and Vibration

The HVAC system will meet the applicable state and federal emissions requirements and will also be screened and directed away from abutters.

f. Signage and Wayfinding

All street and wayfinding signage shall meet the requirements of the Manual on Uniform Traffic Devices (MUTCD) and Division 22 of the City Code. Staff has reviewed the proposed signage and finds it to be in conformance with the standards.

g. Zoning Related Design Standards

A design review for the proposed new construction of a multi-family project at 33 Montreal Street was performed by Planning and Urban Development staff. Because the lot is greater than 10,000 sf in size, the project was reviewed against the Multiple-Family Standards (City of Portland Design Manual). The original design review found that a number of the principles and standards had not been met by the proposed design and that the applicant needed to amend the plans accordingly. A second round of design review comments were provided to the applicant following the submission of updated architectural drawings. The applicant responded to staff comments, and at this time, the project is found to conform generally to the relevant design guidelines. There are potential modifications suggested for consideration (listed below).

• Bays: Staff request more information about the accent material used on the bays – ideally, this material would have the same character and finish as the shingle but with a different texture, orientation and/or scale.

• Balconies: The balconies extend beyond the roofline and façade plane and exacerbate the scale on the downhill side of the building. Staff recommend that the balconies be pulled in closer to the building or aligned with the façade plane on the side façade to mitigate the scale impact of the building and create relationships similar to those found in context.

• Planters/Terraces: Staff request more information about the stone proposed for the planters/terraces.

In addition, the project was reviewed for compliance with the additional design standards for buildings located in the Munjoy Hill Conservation Overlay District Section 14-140.5.a(d)


13

and was found to meet the standards. Please see Attachment 3, Design Review, for the full urban design memorandum.

h. Construction Management Plan

The applicant has submitted a construction management plan which was reviewed by staff and found to meet the applicable standards.

X. PUBLIC COMMENT AND NEIGHBORHOOD MEETING

The neighborhood meeting was held on Friday, September 13, 2019 from 5:30-6:45 pm at the East End Community School. Thirteen members of the public were in attendance along with Tim Wells, representing the applicant, and Jesse Thompson and Richard Lo from Kaplan Thompson Architects. The majority of comments received were in response to the proposed building’s design, scale and neighborhood context. Staff received one written comment, which expressed concern over the building’s proposed height.

XI. STAFF RECOMMENDATION

Subject to the proposed motions and conditions of approval listed below, Planning Department staff recommend that the Planning Board approve the proposed development at 33 Montreal Street.

XII. PROPOSED MOTIONS FOR THE BOARD TO CONSIDER

A. SUBDIVISION REVIEW

On the basis of the application, plans, reports and other information submitted by the applicant, findings and recommendations contained in the Planning Board Report for the public hearing on July 13, 2021 for application # PL-000807-2019 relevant to the subdivision regulations, and the testimony presented at the Planning Board hearing, the Planning Board [finds/does not find] that the plan is in conformance with the subdivision standards of the Land Use Code subject to the following conditions of approval:

PRIOR TO THE SUBMISSION OF THE PLAT FOR PLANNING BOARD SIGNATURE 1. The subdivision plat shall be finalized to the satisfaction of the Planning Authority, Corporation

Counsel and Department of Public Works and include clear descriptions of the number, location, type and size of all subdivided units, along with relevant notes and conditions.

PRIOR TO ISSUANCE OF A BUILDING PERMIT

2. The signed subdivision plat shall be recorded at the Cumberland County Registry of Deeds.

PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY

3. Condominium documents shall be finalized to the satisfaction of the Planning Authority and Corporation Counsel before being recorded.

B. SITE PLAN REVIEW


14

On the basis of the application, plans, reports and other information submitted by the applicant; findings and recommendations contained in the Planning Board Report for the public hearing on July 13, 2021, for application #PL-000807-2019, relevant to the site plan regulations; and the testimony presented at the Planning Board hearing, the Planning Board [finds/does not find] that the plan is in conformance with the site plan standards of the Land Use Code, subject to the following condition of approval:

PRIOR TO ISSUANCE OF A BUILDING PERMIT

1. A financial contribution totaling $2,000, to be paid into the City’s street tree fund, shall be provided for the required five street trees not provided on-site. The applicant may also choose to pursue a street tree alternative as listed in the City’s site plan ordinance, Sec. 14-526.

2. The applicant and the City shall enter into an agreed-upon Affordable Housing Agreement outlining the details of affordability restrictions placed on the Workforce Unit.

PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY 3. The Affordable Housing Agreement will be filed as a covenant to the property’s deed with the

Cumberland County Registry of Deeds.

XIII. ATTACHMENTS

PLANNING BOARD REPORT ATTACHMENTS 1. 33 Montreal Street Review Comment Letter 2. Public Comment 3. Design Review 4. Housing Program Manager Memorandum 5. Revision List

APPLICANT’S SUBMITTALS

A. Application Checklist B. Project Description C. Right, Title & Interest D. Financial & Technical Capacity E. Zoning Assessment F. Construction Management Plan G. Transportation H. Stormwater I. Utilities J. Solid Waste Disposal K. Public Infrastructure and Safety L. Design Review Site Design M. 15_Design Review_R-6 Design Principles N. Wastewater Capacity

PLANS Plan 1. Boundary Survey

Plan 2. Design Review Context Plan 3. Architectural Drawings Plan 4. Architectural_A1.1_BasementPlan_20190828 Plan 5. Existing Conditions & Demolition Plan


15

Plan 6. Site Plan Plan 7. Subdivision Plan Plan 8. Grading & Utility Plan Plan 9. Details – 1 Plan 10. Details – 2 Plan 11. Details - 3 Plan 12. Watershed Map – Existing Conditions Plan 13. Watershed Map – Developed Conditions Plan 14. Construction Management Plan Plan 15. Landscape Plan

planning board report portland, maine

Documents