Portland City Council approves retroactive moratorium on large music venues

Portland City Music Hall architectural rendering

Rendering/ Courtesy of Mile Marker Investments Mile Marker Investments has proposed a 3,300-capacity music venue to be built at 244 Cumberland Ave. in Portland.

Write a Comment

By Tina Fischer

After hearing close to four hours of public comment Monday night on a proposed 180-day moratorium on large performance venues in Portland, City Council voted 6-3 in favor of the restriction.

It’s unclear yet how the moratorium will affect the proposal by Scarborough-based Mile Marker Investments to build a 3,330-seat, 66,000-square-foot venue with partner Live Nation Entertainment Inc. (NYSE: LYV) at 244 Cumberland Ave.

The moratorium, which is retroactive to Dec. 1, 2024, could be shortened by a future Council vote. It would block all projects with seating capacity of 2,000 or more.

Two of the City Council members opposed to the moratorium said the proposed venue is not in conflict with the city’s comprehensive plan, adding that Mile Marker Investments has fully complied with all requirements of the planning process since its proposal last December.

Mile Marker’s managing director Todd Goldenfarb told Mainebiz in July that it would contest the moratorium, if enacted. “We are fully prepared to immediately defend our rights as developers who are following the zoning the city has established. You just can’t change the rules on people midstream. It sets a very dangerous precedent," he said in July.

Council members who voted for the moratorium said their intent was not to squash the Cumberland Avenue project but to pause the process to allow for further evaluation — taking into account potential impact on the city’s 24 existing performance venues, other businesses, traffic and parking.

Economic impact

Proponents argued that the venue would attract visitors, create jobs and generate revenue for restaurants, retail operations and hotels, as well as adding to the city's tax base.

The economic impact of the project has been estimated at $44.2 million, and Goldenfarb said during the public hearing he anticipated the new venue would provide 250 jobs.

It would also create an estimated 300 construction jobs, a representative for the venue's projected contractor, Matt Tonello of Consigli Construction Co., said at the meeting.

Mayor Mark Dion, who voted against the moratorium, commented, “It doesn't matter who the applicant is if they meet the ordinance.”

Other concerns raised about the project focused on anticipated traffic congestion and parking issues with the venue’s location next door to the Merrill Auditorium and in a city that many speakers said already struggles to meet parking needs.

Council member Regina Phillips said the venue’s location in business Zone 3 precludes the project from being required to provide parking, and two representatives from South Portland-based Sebago Technics, contracted by Mile Marker to provide traffic and parking planning for the project, said there would be sufficient parking in the city for venue customers.

Several speakers and two councilors said enacting a moratorium would discourage new business development in Portland and was bad policy.

Eammon Dundon, director of advocacy for the Portland Regional Chamber, spoke twice at the public hearing in opposition to the moratorium. “The chamber is strongly opposed to using retroactive legislation.”

The moratorium will not go into effect for 30 days, and unless the council votes in the future to shorten its term, it will be in active until March 9, 2026.

Competition

Over 120 people spoke during the public hearing, which ended around midnight. Many of those in opposition to the project and in support of the moratorium were local musicians or music producers who prophesied an overall loss in jobs due to competition from the large venue causing smaller venues to close.

There were repeated concerns voiced about Live Nation’s ticket pricing policies and a pending multi-state lawsuit against the company.

Don Law, chairman of Live Nation New England, said: “We have no intention of competing with the independent venues, and there’s no statistical evidence that there has been harm to venues in other cities.”

What's next

The project is on the Portland Planning Board agenda for its meeting Tuesday, Aug. 12, at 4:30 p.m.

Read Previous

Maine chapter of the American Institute of Architects launches home-design competition

Processing Your Payment

Event Info

Award Honorees

Topics

Regions

Biweekly Issues

Special Editions

Event Info

Award Honorees