Camden lines up 2018 warrant: Bella Point congregate housing, Borden Cottage beds, signage changes

Tue, 04/17/2018 - 3:00pm

    CAMDEN — From clarifying zoning definitions and amending the town’s land use ordinance, Camden is working toward finishing the annual town meeting warrant. On April 10, the Select Board approved placing land use amendments on the warrant so that voters can decide if they want change the definition of congregate housing, adjust rules for signage, and allow Borden Cottage to increase the number of beds at its facility.

    In March, Planning Board Chairman Lowrie Sargent explained the various proposed land use ordinance amendments to the Select Board and at its April 10 meeting, its members unanimously approved placing several amendments before voters, while choosing to table some to their April 24 meeting.

    Treatment facility in Coastal Residential

    McLean Borden Cottage, on outer Bay View Street in Camden, is a residential alcohol and substance abuse treatment facility that has been operating since 2015. The facility, which sits on a 14-acre parcel, is associated with the Boston-based McLean Hospital, which leases the property from Fox Hill Real Estate LLC.

    In January, Fox Hill Real Estate submitted a request to increase patient capacity on behalf of McLean Hospital, increasing the number of beds from eight to 12.

    Subsequent crafted language that will allow that increase has been approved by the Planning Board. It:

    1) adds a new definition to the land use ordinance entitled Private Residential Treatment Facility; and

    2) amends the ordinance to allow Private Residential Treatment Facilities as a new commercial use in the Coastal Residential Districts of Camden.

    According to the Camden planning office, the Americans with Disabilities Act requires that towns allow Residential Substance Abuse Treatment Facilities for up to eight patients in districts where residential use is allowed.

    The new definition, as proposed, is: PRIVATE RESIDENTIAL TREATMENT FACILITY: A treatment facility that provides a comprehensive, voluntary recovery program for alcohol and other substance abuse disorders along with concurrent treatment for associated mental health issues appropriate for the level of care provided. The facility must only be utilized for private residential rehabilitation that requires overnight care. A Private Residential Treatment Facility does not provide outpatient care. Any operator must be licensed by the State of Maine to operate a Private Residential Treatment Facility. 

    The new definition, and the related amendment, outline the requirements a treatment facility would have to meet in Camden in order to receive permission to operate. The The Coastal Residential District is the only district in Camden where these facilities will be allowed, according to the planning office. With the addition of residential treatment facilities as allowed commercial uses in the Coastal Residential District, more restrictive front and side setback standards are to be required from the Borden Cottage property. The setback from the road is to increase from 25 feet to 100 feet, according to Fox Hill attorney Paul Gibbons.

    On April 10, Fox Hill Real Estate principal Rodman said no changes would be made to the exterior appearance of Borden Cottage with the increase in number of beds.  

    “In doing so, we are not going to do any exterior construction,” he said. “It will be totally unobtrusive.”

    Borden Cottage neighbors Des Fitzgerald and Lucinda Zeising, who own abutting property, said they endorsed the proposal, as well as the treatment facility. 

    They have owned their Chestnut Street house for 25 years, and said that when Rodman approached them four years ago about establishing a treatment facility in the former summer cottage belonging to Charles and Julie Cawley, they were impressed by his vision.

    “We were moved by his description and his firm belief in the public good that can be done with the project,” said Fitzgerald.

    He said they conducted due diligence on Rodman, and called the Town of Princeton, Massachusetts, where MacLean operates a similar high-end drug and alcohol treatment center.

    “There was nothing but good news from that town,” said Fitzgerald, adding that MacLean was considered a terrific neighbor and taxpayer in Princeton.

    Fitzgerald said that since MacLean Borden Cottage opened in 2015, the neighborhood has been “a good bit quieter” since the days when the Cawleys owned it.

    “It is as good as we could imagine and Tom is good for his word,” said Fitzgerald.

    Zeising said, “there was a lot of fear and trepidation and skepticism when we were standing in the Opera House,” four years ago, deciding whether to approve allowing Borden Cottage to establish itself on the property. 

    “What happened, I think, is all good,” she said. 

    What could have happened, if the property had sold to other interests, would include possible code and noise issues, as well as undeveloped land issues, she said.

    “What we got was the best thing for the town,” said Zeising.

    Select Board members also endorsed the increase of beds at Borden Cottage.

    Board member Alison McKellar said she supported the original project proposal when it came before the town four years ago, and continued to do so.

    “I’m glad to see it moving forward,” she said, adding that she hoped treatment knowledge and help could expand across the community, and different income levels.

    Bob Falciani, board member, agreed with the sentiment, saying: “Wonderful things are going on there. I wish we could figure how to do it for different income levels.”

    Board member Marc Ratner said Borden Cottage, “provides a lot of jobs for people in the region and brings a lot of money to the town.”

    “I agree with everything with what has been said,” said board member Jenna Lookner, adding that the facility is low-impact.

    “It is the most helpful community-based use the property could have,” she said.

    John French, board chairman, originally opposed the facility when its applications were proceeding through municipal review in 2014.

    “I could say I was one of the ones who voted against it,” he said. Since then, he has changed his opinion.

    “Tom and staff have done everything they said they were were going to do, and then some,” said French. “It is a great resource for community and fantastic neighbor. I’m so sorry it took this long to get this far but think we are moving in the right direction.”

     

    Congregate Housing  

    The amendment that changes the language governing congregate housing derives from a request of Bella Point, the new assisted living facility on the corner of Mechanic and Knowlton streets. That former mill, most recently known as the elderly housing facility Camden Villa, came under new ownership in January.

    The sale perpetuated the building fitted for senior living, but expanded it to be a state-licensed and full-service assisted living facility. (Read: Camden's old mill buildings change ownership again — back to familiar faces)

    But there was zoning language that limited cohabitation of congregate housing to individuals and family. The new language strikes the word “family” and allows people who are not blood relatives or spouses to live together, and allows more residents to share a unit, which, in turn, provides that Maine Care benefits are available.

    Maine Care does not allow rentals of individual units.

    The definition, first approved in 2015, currently reads: CONGREGATE HOUSING: A type of dwelling in which each individual or family has a private or semi-private bedroom or living quarters accommodating no more than two residents but shares with other residents a common dining room and other common elements. Congregate h Housing may include services such as a recreation area, housekeeping, personal care and assistance, transportation assistance or specialized services such as medical support that are offered for the use of residents. Incidental use of facilities by the general public shall be permitted, but shall not cause such facilities to be treated as separate uses.

    The Select Board members agreed the former language bordered on being discriminatory and they especially liked the fact it opens up the housing to Maine Care funding.

    “The fact that Maine Care recipients are going to be able to live there, in this facility in downtown Camden, is a triumph for economic justice,” said Alison McKellar.

     

    Signs and fast food definitions

    The proposal to change and update food service definitions have been suggested but not finalized, and on April 10, the board agreed to table final decisions on April 24 at its regularly scheduled meeting.

    The article would add a new definition for restaurant.

    For many years the Zoning Ordinance has distinguished between Sit-down Restaurants and Fast Food Restaurants; continuing to make a clear distinction when the two are essentially the same, creates confusion in permitting and in enforcement, according to the planning office. Voting in favor of this amendment will allow the use of a single term for establishments that serve food to the public. If the new definition is approved, changes will be required throughout the Ordinance for consistency of terms.

    The proposal now is to remove the definitions for Fast Food, Sit Down and Take Out and replace with definitions for restaurants and markets. In addition, the Zoning Districts were updated to allow restaurants in the Industrial Zone in the future.

    Another amendment would add a definition for market, which is a retail businesses that primarily sell groceries and also prepares food on premises for takeout and change the term neighborhood store to market; and amend the ordinance throughout to add the term “Market” where permitted. 

    As for signs, the recommendation is to refine how the public applies for temporary signs for events.

    The amendment would exclude signage for special events from the Sign Ordinance and give the authority for approval to the Select Board.

      

     

    Related stories:

    McLean Hospital opens Borden Cottage rehab center, 'ready to receive' first clients

    Camden’s Fox Hill, McLean Hospital prevail in federal court

    Fox Hill to litigants: Federal law protects all recovering alcoholics (May 28, 2014)

    Camden lawyer sees ‘no clear legal prohibition’ of Fox Hill, opposition issues lists of questions

    Camden Select Board votes against putting Fox Hill zoning amendment before voters

    Two Fox Hill neighbors say Camden's Bay View Street not appropriate for alcohol treatment center

    Renewed effort to make Camden’s Fox Hill estate an alcohol and substance abuse rehab center begins

    Camden’s Fox Hill changes hands, its future under consideration

    McLean Hospital looks to Camden's Fox Hill for alcohol, drug rehab center

     Camden's Fox Hill rehab deal nixed by landowner, buyer mystified

    No more phone polling of Camden residents about Fox Hill

    Camden Planning Board walks Fox Hill estate; citizens, lawyers tag along

    Fox Hill rehab center and the Camden Comprehensive Plan: In compliance or not?

    Fox Hill back under spotlight Oct. 17, Camden Opera House

    Camden wraps up Fox Hill public hearings tonight

    Camden Planning Board listens to more Fox Hill testimony; tables deliberations until Jan. 2

    Camden Planning Board agrees town citizenry should vote on Fox Hill amendment language

    Camden Select Board considers Fox Hill zoning amendment at public hearing Feb. 4

    Camden Select Board votes against putting Fox Hill zoning amendment before voters

    Paperwork filed with Camden town office, but no Fox Hill petition currently circulating

    Fox Hill takes new tack, establishes Camden community living facility for alcohol, drug rehab


     
    Editorial Director Lynda Clancy can be reached at lyndaclancy@penbaypilot.com; 706-6657.