Briefs from May through September 2008
By Chris Busby
September 30, 2008
Olympia zoning request in limbo
The Olympia Companies has apparently decided to amend its request for zoning changes related to its development proposal for the Maine State Pier.
City communications director Nicole Clegg said today that Olympia has told Portland officials they intend to submit a revised application at some unspecified future date. “We don’t know how or what [will be revised] at this point,” said Clegg.
Reached for comment last week, Olympia spokesman Sasha Cook denied a rumor Olympia was pulling its application entirely or had asked city planning staff not to process the application they submitted Sept. 11. Cook said the development team merely indicated to city officials that they would be traveling in the coming week and needed an opportunity to reconvene and further discuss the matter.
As The Bollard reported Sept. 17, at least one key councilor, John Anton — a member of the team leading negotiations with Olympia — is opposed to making the kind of sweeping zoning changes Olympia says it needs in order to build its $100 million mega-project on the waterfront.
Closed-door negotiations between the city and Olympia on the entire development deal are ongoing.
September 17, 2008
Walgreens eyes Bayside
Preliminary plans have been submitted to the city by a developer who intends to bring Portland’s first Walgreens drug store to town, in the building on Marginal Way formerly occupied by The Whole Grocer.
Developer Peter Quesada of Back Cove Co., who owns or has developed a host of properties in town, submitted documents that outline plans to expand the Whole Grocer space by 3,000 square feet in order to meet Walgreens’ needs. The building, located on the corner of Marginal Way and the newly extended Chestnut Street in Bayside, has been empty since Whole Foods bought and closed the homegrown health food store in the winter of 2006.
The Walgreens mega-chain operates over 6,000 stores in the United States, but has thus far failed to penetrate the greater Portland market. The latest phone book lists just one location, in Windham.
An opening date has not yet been determined.
August 30, 2008
Gramlich out after all
Looks like there could be two Portland School Committee seats without candidates on the ballot this fall. Incumbent school board member Lori Gramlich has withdrawn her name from consideration in District 4 (East Deering), citing recent medical issues.
As The Bollard reported Thursday, it’s also likely there’ll be no candidate on the ballot for the District 5 school board seat (representing Riverton, Deering and North Deering). The only person to take out nomination papers for that seat, Leslie Minton, is expected not to run due to work commitments. Minton did not return a call seeking comment.
City attorney Gary Wood has said that in the event no candidate’s name is on the ballot, the write-in candidate with the most votes would win.
The prospect of two school board races with no candidates may be unprecedented in Portland’s history. It certainly hasn’t happened in recent memory.
Gramlich, who is finishing her first three-year term on the board, said the decision to withdraw was “really hard.”
“When it came down to it, I had to make a decision to take care of myself and my family,” she said.
Gramlich had spoken to Liz Holton, one of two candidates seeking an at-large seat on the board this year, about switching to the District 4 race, but Holton said today she decided not to make that switch.
Holton added that there’s been an effort to find a last-minute replacement candidate in District 4, and talk of a concerted push on Tuesday to get signatures for that candidate (should one agree to run) before the city clerk’s office closes that day — Sept. 2 is the deadline for turning in signatures. A candidate would need the signatures of 75 registered Portland voters to get on the ballot in that race, a task Holton said would be “difficult” to pull off in less than a day.
August 8, 2008
Icehouse eyed for Mexican eatery
The Icehouse, formerly Popeye’s Icehouse, will likely be sold to a pair of investors who hope to turn the West End neighborhood bar into a Mexican restaurant.
Tod Dana, owner of the high-end furniture store Asia West, and Alex Fisher, founder and head of the pet-supply company Planet Dog, plan to buy the York Street establishment from owner Bernie Orne, who ran the tavern for years before complaints from neighbors led to the loss of the Icehouse’s liquor license and its closure earlier this summer. Dana and Fisher previously invested in Portland Lobster Co., a restaurant on Commercial Street, and Fisher is a financial partner in other Portland restaurants, including The Grill Room, on Exchange Street. The pair have brought Norine Kotts and Cheryl Lewis — the original owners of West End specialty foods shop Aurora Provisions — on board to operate the restaurant.
[Disclosure: This reporter worked for Kotts and, by extension, Dana and Fisher, at Portland Lobster Co. for several months in 2003.]
Last night, the Portland Zoning Board of Appeals approved the team’s request to waive a requirement that the eatery have seven dedicated off-street parking spaces. Dana said he was unable to find a lot nearby where the spaces could be leased, and using part of the Icehouse property for parking would result in too little financial return for the business. The investors plan to turn the Icehouse’s patio area into enclosed space for dining.
Several residents spoke in favor of the zoning waiver, urging the board to grant the request on the belief that the Mexican restaurant will be a better neighbor than the Icehouse was. However, one neighbor, noting that the restaurant will serve liquor, questioned whether the change of use will really make a difference. The same neighbor, Steve Oliver, also said he was concerned the restaurant’s patrons will make it more difficult to find on-street parking in the area.
A second zoning appeal is still pending, but Dana told the board he and Fisher will more forward to acquire the property now that they’ve been granted the parking waiver. The Icehouse property, which has expansive views of Portland Harbor, is listed with a local realtor for just under $450,000. The investors are expected to spend a good chunk of change beyond the purchase price to renovate the building and add the addition on the patio.
Dana did not return a call seeking comment. Orne could not be reached for comment.
August 5, 2008
Waterview project all but dead
Nothing short of a “miracle” will save the Waterview at Bayside condominium tower project in Bayside, an attorney for developer Jeffrey Cohen told the Portland City Council last night.
The attorney, former Portland City Councilor and Mayor Nathan Smith, said he expects the undeveloped lot will be sold at auction in September. The Council voted last night to extend zoning and site plan approvals for the property for one year in hopes a buyer at the auction will pursue a project similar to Cohen’s original plan, which envisioned a 12-story building with over 90 housing units.
Cohen’s effort to build the tower fizzled after the owner of neighboring Back Bay Tower challenged the city’s approval of the project in a series of lengthy court battles. By the time the legal tussles were resolved in Cohen’s favor, the economy and the local market for new condos had taken a significant downturn.
As recently as last spring, Cohen was still trying to find a way to make the Waterview a reality [see “Bayside condo tower not dead yet,” April 16, in Briefs], but it appears all remaining options have closed. Cohen could not be reached for comment this morning.
July 30, 2008
Stone Coast going stone cold
Industry sources tell The Bollard that Portland-based Stone Coast Brewing Company has ceased production of its beers for retail sale. Stone Coast beers will still be brewed and available at the business’ Sunday River Brewing Co. pub in Bethel, the sources said.
A message left at the brewery’s Portland office was not immediately returned, and founder Grant Wilson could not be reached for comment.
Stone Coast built a brew pub on York Street, just outside the Old Port, in the mid-1990s, and operated that business as a music venue/brewery/restaurant for several years. In 2003, according to the company’s Web site, Stone Coast built a production facility off the peninsula, and added a beer-canning machine a year later.
Among the brews Stone Coast made are 420 IPA, Sunday River Alt, Black Bear Porter, Knuckleball Bock and Sunsplash Golden Ale.
July 17, 2008
Cohen out; Coyne in?
Portland City Councilor Jim Cohen confirmed today that he will not seek a third term. Portland School Committee chairman John Coyne will run for Cohen’s District 5 seat (representing North Deering, Deering Center and Riverton), Cohen said. Coyne did not return a call seeking comment.
Also in the District 5 Council race is Naomi Mermin, a consultant whose civic work includes involvement in the Deering Center Neighborhood Association and the committee formed to oversee construction of a new elementary school on Ocean Avenue. Mermin, a registered Democrat, is “smart, practical and positive,” said Councilor John Anton, a supporter of her campaign (and registered Green).
In other local election news, school board member Lori Gramlich said she intends to seek a second term this year representing District 4 (East Deering). And former school board member “Zen” Ben Meiklejohn is gunning to get back on the ballot – he’s taken out nomination papers to run for a seat on the Portland Water District’s board of trustees. Fellow Green Zachary Nixon has also pulled papers to join that race.
“I have made the difficult decision that the right thing to do is step down,” said Cohen. He said work and family commitments – including the fact his wife is running for a state House seat – were factors in his decision. Cohen intends to support Coyne’s candidacy.
July 14, 2008
CORRECTION: The original post of this item incorrectly stated that Dory Waxman has never run for public office. In fact, she formerly served on the Portland School Committee. We regret the error. – Ed.
Curtains for Cohen?
Portland City Councilor Jim Cohen said he’s still deciding whether or not he’ll run for a third three-year term this November. The former mayor and current chairman of the Council’s influential Finance Committee said he plans to announce his decision in the next couple weeks.
Cohen is a partner and top lobbyist with the Portland law firm Verrill Dana. He’s also a classic-rock guitarist and Eric Clapton fan [read our 2005 interview with Cohen here]. His wife, Joan Cohen, is running for the state House seat being vacated by Democrat John Brautigam, who hopes to become Maine’s next attorney general. Cohen, a Democrat, faces Republican Jeffrey Martin in the race for District 113, which includes North Deering and part of Falmouth.
Councilor Cohen did not cite any specific reason for his hesitation to commit, but political colleagues and observers privately speculate that running simultaneous campaigns for city and state office (not to mention holding those offices for several years) might be a daunting prospect for the Cohens, who have two young sons.
No other candidates have yet stepped forward to run for the District 5 Council seat Cohen holds, though nomination papers have only been available for a week, and prospective candidates have several more weeks to take out papers and gather signatures to get on the ballot.
Portland City Councilor Cheryl Leeman is also up for reelection this year. The East Deering district councilor, who’s served as mayor twice, said she intends to seek a ninth term. No challenger has yet stepped up in that race, either.
Mayor Ed Suslovic has two challengers already for his at-large seat (representing the entire city). One is Democratic political activist and community organizer Dory Waxman. The other is former League (formerly League of Pissed Off Voters) activist Tina Smith. Suslovic, a former state legislator, is seeking a second council term. Smith has never run for public office before. Waxman is a former member of the Portland School Committee.
July 7, 2008
County eyes building near jail
Having abandoned plans to rent space in a proposed downtown Portland skyscraper, Cumberland County officials are now considering humbler digs to meet their office and storage needs – a former lobster warehouse on outer Congress Street.
Assistant County Manager Bill Whitten said the county has signed a letter of intent to lease, with an option to buy, the former home of Royal Lobster Co., a 9,500-square-foot building not far from the Cumberland County Jail. Negotiations are still taking place, but a decision is expected by the end of this summer.
County officials had previously tried to work with brothers Joe and Greg Boulos of CB Richard Ellis/The Boulos Co. to facilitate construction of a 12-story building next to the Cumberland County courthouse on Federal Street. Those plans fell through when the Boulos brothers were unable to secure an anchor tenant for the office building, though the project would have faced other challenges related to zoning and property rights. [See “County tables skyscraper plans,” March 24, 2008, in Briefs.]
Whitten said renting space in the skyscraper would have cost the county upwards of $1.5 million. The Royal Lobster Co. building is for sale for about $1 million less, though the need to upgrade the property will entail additional spending.
“Right now, we don’t know what we’d actually do with it,” Whitten said of the property. He said the county needs more office space and more storage space – for example, some jail records must be kept, in paper form, for 20 years. “We have a lot of needs to solve, but don’t know which we’ll resolve” at this point, said Whitten.
June 17, 2008
Porthole/Comedy Connection survives license challenge
Oliver Keithly, owner of The Porthole and The Comedy Connection on Custom House Wharf, survived another zoning challenge early this morning when the Portland City Council voted not to limit food service, alcohol consumption and entertainment at his waterfront restaurant and comedy club. The vote was unanimous.
City legal staff had recommended that councilors severely limit food and alcohol service – and prohibit entertainment – on the businesses’ adjoining outdoor decks, due to waterfront zoning restrictions. Keithly and his attorney, former Councilor and Mayor Jim Cloutier, argued that the establishments are grandfathered under the law because those uses existed prior to zoning changes mandated by a citizen referendum in the late 1980s.
City attorneys suggested the decks’ capacity be limited to 40 people. The decks are currently licensed to handle up to 250 customers. Keithly said the restrictions would have doomed both businesses, and he marshaled a small army of supporters to plead his case. The group of about 20 men, women and children marched up Exchange Street carrying signs and sporting t-shirts supporting the businesses, and many stayed to testify five hours later when the item was finally addressed.
The agreement setting the decks’ capacity at 250 was said to be the result of a handshake deal eight years ago between Keithly and then-City Manager Bob Ganley. At the time, renovation work on the decks had sparked a similar debate about zoning restrictions that threatened the businesses’ viability.
June 5, 2008
Bar dispersal law may be repealed
The city ordinance passed last year that limits the places in downtown Portland and the Old Port where establishments can serve alcohol and offer live entertainment may be repealed this summer. City Councilor Dave Marshall, chairman of the Public Safety Committee, said his committee will discuss an order he’s submitted to nix the zoning requirement at its meeting next Tuesday, June 10.
The law prohibits new bars and restaurants from offering music if they are located within 100 feet of another drinking establishment that also offers live entertainment. Commercial spaces where booze and music were previously offered are grandfathered under the law – which is why, for example, a new bar and dance club set to open in the former location of Digger’s/Liquid Blue, on Fore Street, was granted liquor and entertainment licenses earlier this year. [See “‘Footloose’ in Portland,” April 5, 2007, in News.]
The law has made a host of locations in the Old Port and Arts District off-limits to new bars and restaurants that could potentially host the performing arts. Marshall said at least one business owner has been denied the opportunity to host music due to the law, though he could not recall which establishment was affected.
The dispersal ordinance, as it’s called, “has only caused confusion,” said Marshall. “It hasn’t done anything to improve public safety…. This ordinance seeks to prohibit entertainment in the Old Port and the Arts District when we should really be focusing on good management practices of bars.”
Jan Beitzer, executive director of Portland’s Downtown District – the quasi-municipal organization that promotes and helps maintain downtown Portland – was shocked to hear of Marshall’s move to kill the law. “I was stunned that he would do that without even having the courtesy to contact me,” she said. “He knows that it effects PDD directly and he’s on the PDD board. It would have been nice if he’d given us the courtesy of a heads-up.”
Marshall said he followed the same procedure councilors always do when they want to introduce an ordinance. A majority of his three-member committee is expected to vote to forward the repeal order to the full council (fellow committee member Kevin Donoghue opposed the dispersal requirement last year and favors repeal). Marshall is fairly confident a majority of the full council will vote to strike the law from the books.
Beitzer said the dispersal ordinance has helped keep Congress Street from experiencing the problems that have plagued Wharf Street – rowdy crowds from different bars and nightclubs gathering late at night and causing fights and other disturbances.
“PDD believes the dispersal rule has been working,” she said. “This comes under the heading: don’t try to fix something that’s not broken.”
May 16, 2008
Chief Burton seeking job in Texas
The Bollard has learned that Portland Police Chief Tim Burton has applied to be the top cop in the city of Odessa, Texas. Portland officials are expected to announce that Burton is a finalist for the post later today.
Burton’s secretary said he will not be available for comment today, and city spokesperson Nicole Clegg was not immediately available for comment.
In a communication to city councilors from Portland City Manager Joe Gray, Gray said Burton had informed him about three weeks ago that he and his wife were interested in relocating to the southwest. Gray went on to say that Burton has not committed to accepting a job offer in Odessa, but is considered a strong contender for the police chief position by city officials there, some of whom will be traveling to Portland next week to talk with Gray, Mayor Ed Suslovic, police and community leaders about Burton.
The west Texas oil city of Odessa has a population of about 98,000. City officials there were not immediately available to confirm Burton’s candidacy for the job.
Burton was chosen to lead Portland’s department in November 2005, after a contentious selection process. Some community members, and a sizeable group of rank-and-file officers, preferred an African-American candidate, Anthony Holloway, a police captain in Clearwater, Florida.
Burton served as deputy chief under Mike Chitwood before assuming the top job here. Now in his late 40s, Burton has over 25 years of experience with Portland’s department.
May 15, 2008
Reiche branch likely to survive
It seems almost certain that the Portland Public Library’s branch location at Reiche Elementary School will remain open – at least for another year. [See May 8 Briefs item below for more background.]
Following heavy lobbying by neighbors in the West End and hard questioning by city councilors, library officials now say the branch can be spared the ax if the council agrees to provide $30,000 in additional funding for the coming fiscal year. The additional money – which would come from the city’s contingency fund – would bring the city’s contribution to the library back up to the level of funding it provided last year. However, even with that cash, the main library in Monument Square would still be closed on Mondays.
At least four councilors have voiced support for the expenditure (John Anton, Dave Marshall, Kevin Donoghue and Cheryl Leeman). If one other councilor supports the spending, the measure will pass at next Monday night’s council meeting.
Should the library get the extra dough, its board and administrators are expected to study the library system in the coming year with an eye toward determining what level of financial support is necessary to sustain current operations.
The Icehouse, closed, keeps fighting
The epic battle between Popeye and Bluto was nothing compared to the ongoing struggle between The Icehouse (formerly Popeye’s Icehouse) and City Hall. In the latest, and perhaps last round, the West End bar closed May 8, but its attorney and owner are continuing to file legal motions in hopes of reviving the business.
Complaints from neighbors, who say Icehouse patrons disrupt the neighborhood, have prompted a series of actions by the city over the past decade to limit the bar’s hours, restrict use of its patio, and, last year, strip the establishment of its food license – an unprecedented administrative move that undermines the bar’s ability to get a liquor license.
Owner Bernie Orne said his attorney, David Turesky, has requested a hearing on the food-service license issue. City attorney Gary Wood said the city is still preparing its response to this latest legal salvo, which includes a request for copious amounts of documents. Orne said state liquor-control officials are willing to grant The Icehouse a license if and when the food-service matter is resolved.
Meanwhile, the Icehouse property is for sale. A listing with Waterglen realty offers the bar and a small home on the site for $449,900.
May 8, 2008
Library director defends Reiche closure
In an interview yesterday, Portland Public Library Executive Director Steve Podgajny described the budget squeeze the library system is experiencing and held out some hope the Reiche Elementary School branch will continue to serve the West End in some way, shape or form.
Podgajny said the library originally sought a funding increase of $175,000 over its current budget for this coming fiscal year. That level of funding would have allowed the library to fulfill contract requests from its workforce and vendors. Accordingly, when City Manager Joe Gray suggested a $50,000 cut in city funding for the library, administrators found themselves facing a $225,000 shortfall, Podgajny said.
Library officials had planned to save $175,000 through “service changes” that would have eliminated the equivalent of five full-time positions at the main library in Monument Square. “Then, when the additional $50,000 came into play, we had nowhere to look,” Podgajny recalled.
That’s when Reiche was put on the chopping block.
The branch’s fate is still unclear. City councilors had a host of questions and information requests for Podgajny at last Monday night’s council meeting, and the issue is expected to be discussed at the council’s budget workshop session next Monday, May 12. A public meeting of the library’s board of trustees also takes place next week, and the budget is expected to be a central topic of conversation.
Portland Mayor Ed Suslovic, who serves on the library board, said it’s uncertain at this point how the board will decide to handle funding for the Reiche branch and a proposal to close the main library on Mondays.
Other branches may have their hours adjusted later this year, though none are facing a decrease in hours of operation. Podgajny said administrators are working to keep branch locations open after 5 p.m. on more days of the week.
The Munjoy branch, located in the East End Community School on North Street, is slated to have its hours doubled, to 40 a week. The increase is part of a reorganization that would move most children’s materials and teen programs to the Munjoy branch for two years, while the main library is being renovated.
Contrary to implications in a Portland Press Herald article about the reorganization, published yesterday, Podgajny said the Munjoy branch is not in danger of closing after that two-year period is over. Following the renovations, the Munjoy branch will return to a “traditional branch profile,” he said.
At last Monday’s council meeting, Podgajny told The Bollard the Reiche branch’s proximity to the main library and relatively low circulation numbers made it the most logical candidate for closure. He added that it’s regrettable the branch can’t be kept open, but said library officials are working with neighborhood groups in the West End to seek ways the branch’s teen-and child-centric programs and amenities can continue to be offered.
During yesterday’s interview, Podgajny mentioned the possibility the library could supply computers and other materials “to try to fashion some kind of experience for the neighborhood that tries to address the magical things that happen at the Reiche branch.”
