Planning Board

PLANNING BOARD MEMBERS Joseph Zamboni, Chair Kelsey Robertson, Vice Chair Tuesday, May 26, 2026 at 4:30 PM Eric Dinn Room 24 (Basement Level of City Hall) Nicholas Messina David Silk and Zoom Austin Smith Beverly Uhlenhake The Planning Board will conduct this meeting in a hybrid format via Zoom pursuant to the Remote Meeting Policy adopted by the Planning Board. Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available in the Agenda Center following the meeting. For more information on how to use zoom, please go here: https://content.civicplus.com/api/assets/18148b5d-f26e-472f-8d2c-245db97e5c27. For public comment via Zoom, you will need to use the “raise your hand” feature. To raise your hand via the telephone, please hit *9. You will be un-muted by the host when it is time for public comment. 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Submissions must be received by 12:00 pm the day before the Planning Board meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To 1 Page 1  help ensure your comment is submitted for the correct item, please include the name of the agenda item (see below). AGENDA: PUBLIC HEARING - 4:30 PM 1. ROLL CALL AND DECLARATION OF QUORUM 2. COMMUNICATION AND REPORTS 3. REPORT OF ATTENDANCE AT THE MEETING HELD ON MAY 12, 2026 Workshop 1871 Forest Avenue: Din, Messina, Robertson, and Uhlenhake present. Smith and Silk recused; Zamboni absent. Public Hearing 221 Congress Street: Din, Messina, Robertson, Smith, and Uhlenhake present. Silk and Zamboni absent. 9 Cedar Street: Din, Messina, Robertson, Smith, and Uhlenhake present. Silk recused; Zamboni absent. 4. REPORTS OF DECISIONS AT THE MEETING HELD ON MAY 12, 2026 i. Major Site Plan; 221 Congress Street; GreenMars Real Estate Services, Applicant. Messina motioned, and Smith seconded a motion to approve the Site Plan Application. Vote 5-0 (Silk and Zamboni absent). Messina motioned, and Smith seconded a motion to adopt the findings contained in the May 12, 2026 Staff Report and draft approval letter, and to authorize the Board Chair to sign the approval letter as drafted. Vote 5-0 (Silk and Zamboni absent). ii. Major Site Plan; 9 Cedar Street; Boys & Girls Club of Southern Maine, Applicant. Messina motioned, and Smith seconded a motion to waive Site Plan Standard 13.6.2.B.2.c, which requires non-residential development abutting a residential zone to provide a landscaped buffer of no less than 10 feet in depth and six feet tall and instead allow a fenced buffer. Vote 5-0 (Silk recused and Zamboni absent). Messina motioned, and Smith seconded a motion to approve the Site Plan Application. Vote 5-0 (Silk recused and Zamboni absent). Messina motioned, and Smith seconded a motion to adopt the findings contained in the May 12, 2026 staff report and draft approval letter, and to authorize the Board Chair to sign the approval letter as drafted. Vote 5-0 (Silk recused and Zamboni absent). 5. NEW BUSINESS i. Map Amendments; 1220 Brighton Avenue; Portland Hotels, Inc., Applicant. The Planning Board will hold a hybrid public hearing to consider a zoning map amendment to rezone properties (265 A009002, 265 A001001, 265 A008001, and 265 A007001) from Transit Center Zone (TOD-2) to Commercial Corridor (B-4). A project and plan summary are available for 2 Page 2  viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number ZN-003527-2026. ii. Major Site Plan; 16 Purington Way; Main-Land Development Consultants, Inc, Applicant. This item is being tabled to the June 23, 2026 Planning Board Meeting. The Planning Board will hold a hybrid public hearing to consider an application for the development of eight new dwelling units across two lots. Each lot will contain one four-family building, with eight off-street parking spaces. The subject property is located within the Residential Neighborhood RN-3 zone. A project and plan summary are available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number PL- 003302-2025. iii. Major Site Plan; 0 Dalton Street; Main-Land Development Consultants, Inc, Applicant. This item is being tabled to the June 23, 2026 Planning Board meeting. The Planning Board will hold a hybrid public hearing to consider an application for the development of eight new dwelling units across two lots. Each lot will contain two, two-family buildings, totaling four units per lot, with eight off-street parking spaces in total. The subject property is located within the Residential Neighborhood RN-3 zone. A project and plan summary are available for viewing on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number PL-003335-2025. 3 Page 3 Planning Board Report Planning and Urban Development Department 1220 Brighton Avenue Rezoning from TOD-2 to B-4 1220 Brighton Avenue Zoning Map Amendment ZN-003527-2026 Portland West Realty, Inc, Applicant Submitted to: Portland Planning Board Prepared By: Rowen McAllister Public Hearing Date: May 26, 2026 Date: May 20, 2026 INTRODUCTION Portland West Realty, Inc (“Applicant”) is seeking a zoning map amendment to rezone the parcel at 1220 Brighton Avenue (“subject property”) from Transit Center Zone (TOD-2) to Commercial Corridor Zone (B- 4) (Figure 1). The Applicant is seeking a map amendment to facilitate the development of a commercial restaurant business with a drive-through window in accordance with dimensional standards for the B-4 zone. B-4 B-4 B-4 TOD-2 TOD-2 Existing Zoning Applicants Proposed Zoning Figure 1: Existing zoning map and applicant’s proposed zoning map amendment to B-4 The Planning and Urban Development Department mailed 48 notices advertising this meeting to interested parties and property owners within 500 feet of the site. The legal advertisement ran in the May 14, 2026 editions and May 15, 2026 of the Portland Press Herald. Additionally, the applicant held a neighborhood meeting on March 12, 2026. Applicant: Portland West Realty, Inc Applicant Representative: Brendan Barry, Marcus|Clegg REQUIRED REVIEWS Review Applicable Standards Consistency with Portland’s Comprehensive Plan Portland’s Plan 2030 Page 4 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment PROJECT DATA Existing Zoning TOD-2 Transit Center Zone Proposed Zoning B-4 Commercial Corridor BACKGROUND & EXISTING CONDITIONS Figure 2: Google image of 1220 Brighton Ave from November 2024 The subject property at 1220 Brighton Avenue is a vacant lot of approximately 27,000 square feet (0.62 acres) within the TOD-2 zone. The site is bounded by Brighton Avenue to the north, commercial uses to the east and south, and the Portland-Westbrook border to the west. The subject property is currently within and bordered by the TOD-2 zone to the east and south. The B-4 zone extends along the opposite side of Brighton Avenue to the north. The TOD-2 zone east of I-95 continues along the south side of Brighton Avenue, while the B-2 zone continues on the north side of Brighton Avenue east of I-95, as can be seen in Figure 3 below. 2 Page 5 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment B-4 B-2 RN-3 TOD-2 TOD-2 TOD-1 Figure 3: Zoning Map of Brighton Ave There are multiple commercial uses within one-quarter mile of the subject property on Brighton Avenue, including a dentist office, hotels, and car dealerships. The Barron Center, the City’s rehabilitation and nursing home, and Portland Housing Authority’s Sagamore Village are also located within a half mile. Across the Westbrook-Portland border, there are several existing commercial businesses and ongoing commercial development associated with Rock Row, which is a multi-phase development proposing residential, commercial, medical, entertainment, and retail uses. The zoning on the adjacent parcels in Westbrook directly supports the master-planned Rock Row development. The purpose of the zone, as provided in Westbrook’s Chapter 335 Land Use Code, is to enable high-quality, mixed-use commercial development which serves as a gateway to Westbrook, a regional economic hub, and as a destination for visitors and shoppers to the city and state. Figure 4: Aerial View of Site 3 Page 6 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment Many of the commercial structures along Brighton Avenue near the subject property reflect the automobile-oriented character of the corridor. The area is generally characterized by mid-sized commercial uses, heavy vehicular traffic, and drive-thru restaurants. This development pattern is influenced by the area’s close proximity to the Exit 48 interchange of the Maine Turnpike (I-95), with the subject site located approximately 2,000 feet from the interchange. Figure 5: Site distance from interchange However, there is also increasing pedestrian and bus transit infrastructure along this corridor. Two METRO lines run along this segment of Brighton Ave, including Route 4 and the Husky Line, which extends from Downtown Portland to Downtown Gorham. There are approximately 5 METRO bus stops within a half mile of the subject property. Metro is also currently conducting a Bus Rapid Transit study that would result in high-frequency bus service between Gorham Village, Westbrook, and Downtown Portland, via Brighton Avenue. Background The subject property was re-zoned from the B-4 zone to the TOD-2 zone in 2024 as part of ReCode, the City’s multi-year effort to modernize its land use code and implement Portland’s Plan 2030. During that process, staff and the Planning Board recommended rezoning properties along Brighton Avenue east of I- 95 to TOD-1 and TOD-2, while retaining properties west of I-95, including the subject property, in the B-4 zone. The City Council ultimately introduced and adopted an amendment from the floor to rezone the 4 Page 7 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment subject property and adjacent properties along Brighton Avenue, west of I-95, to TOD-2 as part of its approval of ReCode in November 2024 (Order 71-24/25). The property owner of 1220 Brighton Avenue also owns the adjacent property at 1200 Brighton Avenue, which contains a commercial medical office building and hotel. During development of the adjacent property, the owner installed a curb cut to serve the subject property and incorporated other improvements to support a complementary commercial use at that location, consistent with the B-4 zoning in effect at the time. However, no site plan application for the subject property was submitted prior to its rezoning to the TOD-2 zone. The current conceptual plan for a restaurant with a drive-through is now prohibited under the current TOD-2 zoning. Therefore, the property owner sought a hardship variance from the Zoning Board of Appeals (ZBA). The variance request included seeking relief from the prohibition of the drive-through use along with variances for dimensional requirements relating to build-to minimum, height minimums, and minimum building length as a percentage of street frontage. In a decision dated October 2, 2025, the ZBA denied the requested variances as detailed in ZBA-003455-2025. Shortly after the decision of the ZBA, the property owner submitted a reconsideration request of the ZBA decision regarding the hardship variance, which was subsequently denied. On November 20, 2025, the property owner submitted an appeal of Portland’s ZBA Decision in Cumberland County Superior Court. The ZBA decisions are included in this memo as attachments. A letter from Tighe & Bond, Inc to the property owner, dated November 13, 2023, identified soil contamination at the subject property due to petroleum-related contaminants. Correspondence from the Maine Department of Environmental Protection (Maine DEP) to the Applicant, dated August 28, 2024, suggests any contamination is likely due to the site’s former use as a sand and gravel extraction site landfill. Maine DEP outlined conditions for the safe use of the subject property, including proper handling and disposal of contaminated soil and installation of a vapor barrier and/or sub-slab depressurization system prior to occupancy. The Applicant states that Maine DEP recommended restrictions on certain sensitive uses including residential and institutional uses such as hospitals, nursing homes, childcare facilities, schools, and similar uses. Additionally, a letter from Jones & Beach Engineers, dated March 11, 2026, identifies the likely presence of clay deposits at the subject property and states such deposits would result in a more complicated and costly foundation system. Correspondence referencing contamination and soil conditions are included as attachments. PREVIOUS WORKSHOP A Planning Board workshop was held on April 14, 2026 for the zoning map amendment at the subject property. At the workshop, Planning Staff provided the Board and public with an overview of the applicant’s proposed zoning map amendment. Staff reminded the Board that all zoning amendments must be found to be consistent with the policies and goals of Portland’s Comprehensive Plan, and shared goals from the Plan which could support both the TOD-2 zone and the proposed rezoning to B-4. The Board asked for more information about how the City Council’s 2024 ReCode amendment compared to the Planning Board recommendations at the time. 5 Page 8 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment The Applicant presented the proposed zoning map amendment as a way to support local economic goals of the Comprehensive Plan, as well as outlined the site constraints on the subject property relating to soil conditions and site contamination. The Board members requested that the Applicant more clearly address the goals and policies of the Comprehensive Plan. There were several members of the public who commented at the workshop. Those in support of the amendment acknowledged the limitations faced by the Applicant due to the current land use patterns in the area. Residents in opposition to the amendment spoke to the importance of the long-term vision of Brighton Avenue as a transit-oriented corridor. Planning Staff Response The Planning Board requested additional information regarding the City Council amendment during the ReCode process which changed the subject property zoning to the TOD-2 zone. The following map provides a comparison of the initial TOD-1 and B-4 draft Zoning Map presented by Planning Staff and recommended by the Planning Board (left) and the final Zoning Map (right) as amended by City Council during the ReCode process. Draft ReCode Zoning Map Draft ReCode Zoning Map City Council Amendment Figure 6: Staff proposed zoning map and City Council’s amendment The City Council’s introduction of the TOD-2 zone along this portion of Brighton Avenue, west of I-95, reflects a transformational vision for the corridor centered on existing and planned transit infrastructure. The rezoning, as recommended by Planning staff and the Planning Board, was intended to support increasingly dense urban development along this priority corridor east of I-95, where the general area was identified as a priority node in the Comprehensive Plan. Due to the presence of I-95, which serves as a significant physical barrier, as well as the surrounding development context and proximity to the Exit 48 interchange of the Maine Turnpike, Planning staff and the Planning Board recommended retaining the B-4 zoning west of I-95. The City Council ultimately included the area containing the subject property within the TOD-2 zone to further encourage density and transit-oriented development along Brighton Avenue. 6 Page 9 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment APPLICANT’S CONCEPTUAL DEVELOPMENT PROPOSAL The proposed map amendment to rezone 1220 Brighton Avenue to B-4 would facilitate the development of a commercial business with a drive-through as shown in Figure 7 below. Figure 7: The conceptual site plan for 1220 Brighton Avenue The current conceptual site plan does not meet the following use restrictions and dimensional standards of the TOD-2 zone: • Prohibition of drive-through use and drive-through features - Article 14-6.6.29(C)(3) • The minimum build-to zone (0-5 ft) – Table 7-D • Minimum height (35 ft) – Table 7-D • Minimum building length (80%) as percentage of street frontage– Table 7-D Further, in zones where drive-throughs are permitted as an accessory use, all components of a drive- through, including stacking lanes, shall be located to the side or rear of the principal building where practicable, in accordance with Article 14-6.6.29(C)(4). The development contemplated at 1220 Brighton Avenue in this application is conceptual at this stage, and no site plan application has been submitted. Should the proposed rezoning to B-4 be approved by the City Council, a site plan application, addressing all applicable land use standards, would be required to be submitted by the applicant to facilitate the development of this project. PROPOSED ZONING MAP AMENDMENT The Applicant proposes a zoning map amendment to change 1220 Brighton Avenue (265 A009002) from Transit Center Zone (TOD-2) to Commercial Corridor Zone (B-4). The current conceptual plan for the subject property does not meet the following use and dimensional requirements of the TOD-2 zone: prohibition of a drive-though and drive-through features, minimum build-to zone of 0-5 ft, minimum building height of 35 feet, and minimum building length covering at least 80% of street frontage. These 7 Page 10 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment current use restrictions and dimensional standards in the TOD-2 zone serve as the basis for the amendment to revert the subject property to the B-4 zone. ZONING ANALYSIS Overview of Zoning Purpose Statements: Existing Versus Proposed Zoning The purpose statement for each zone under consideration is listed below: Existing zones: TOD-2 Transit Center Zone: “To provide for and encourage the development of high-intensity mixed-use, compact urban neighborhoods that support Portland’s investment in high frequency transit infrastructure through permissions for a highly dense, pedestrian-scale built environment and a broad range of uses that allow residents to live, work, shop, dine, and pursue cultural and recreational opportunities while enjoying a range of mobility choices. The TOD-2 zone is intended to allow for the creation of vibrant, accessible, 24-hour neighborhoods at suitable locations on or near the peninsula.” Proposed Zone: B-4 Commercial Corridor: “To provide locations in the city for the development and operation of businesses serving a regional or larger market, to provide locations for large-scale commercial uses that require larger land areas to accommodate their operations, and to support moderate to high- density housing including three-family, four-family, townhouse, and multi-family structures. Standards of the B-4 zone acknowledge the need to maintain automobile access while encouraging improvement of the pedestrian environment and accommodating alternative modes of transportation.” Use Comparison of Existing and Proposed Zones As provided in Table 2, there are several noteworthy differences in use permissions between the TOD-2 and B-4 zones. Overall, the B-4 zone allows a broader range of uses than the TOD-2 zone, including uses that are typically more auto-oriented and operationally intensive. In contrast, while the TOD-2 zone permits a narrower range of uses, it is generally intended to support more intensive, compact, mixed-use development in locations that are walkable and well served by transit. For example, the B-4 zone permits lower density residential uses, and larger-scale commercial uses, such as self-storage facilities, car dealerships, and greenhouses. The B-4 zone also permits marijuana-related uses, whereas the TOD-2 zone does not. Only two uses are prohibited in the B-4 zone and allowed in the TOD-2 zone, which are elementary, middle, and secondary schools and hostels. Table 2 provides a comparison of the permitted uses between existing and proposed zone. Uses marked with a ‘P’, are permitted uses in the zone. A ‘C’ indicates a conditional use. A blank space means the use is not permitted. The differences between TOD-2 and B-4 are highlighted in blue. 8 Page 11 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment TABLE 2: PERMITTED AND CONDITIONAL USES IN TOD-2 B-4 TOD-2 and B-4 R Two-family dwellings P e Three-family dwellings P s Four-family dwellings P i Town house dwellings P P d e Multi-family dwellings P P n Live/work dwellings P P t Lodging houses P P i a l I Child care facilities P P n Clinics P P s Cultural Facilities P P t Elementary, middle, and secondary schools P i Emergency Shelters C t u Governmental uses P P t Places of assembly P P i Post-secondary schools P P o Residential care facilities (small) P P n Residential care facilities (large) P P a l Auto, boat, related dealerships P Auto service stations P Bars P P C Conventional halls P P o Funeral homes P m P P General offices and services m Greenhouses/nurseries C e Hostels P r c Hotels P P i Intermodal Transportation facilities P P a Marijuana retail stores P l Registered marijuana dispensary P & Market gardens P O Recreation and amusement centers P P t Restaurants P P h e Retail (all square feet) P P r Small-scale marijuana caregiver P 9 Page 12 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment Specialty food service P P Theater and performance halls P P Veterinary services P P Animal-related services P Communication studios P P Dairies P Impound lots P Laboratory and research facilities P Low-impact industrial P P Marijuana manufacturing facilities P Marijuana testing facilities P Printing and publishing P Self-storage facilities P Studios for artists and craftspeople P P Warehousing, storage, and distribution P Parks and open space P P Social service centers C Solar energy systems (minor) P P Solar energy systems (major) C Utility substations P P Wind energy systems (minor) C C Dimensional Comparison of Existing and Proposed Zones The dimensional standards in the existing and proposed zones reflect the differences in their respective purpose statements. The TOD-2 zone is intended to facilitate high-density, pedestrian-oriented, mixed-use development that supports the City’s investment in high-frequency transit infrastructure. Meanwhile, the B- 4 zone allows for lower-density development, larger lots, and a less restrictive build-to zone to accommodate larger-scale commercial uses. As shown in Table 3, the proposed re-zoning to the B-4 zone would establish a minimum lot area of 10,000 square feet and a street frontage requirement of 60 ft. The build-to zone would increase to 0-20 feet, and the build-to percentage would decrease to 50%. If re-zoned to B-4, the required building length as a percentage of street frontage would be removed entirely. Table 3 provides a comparison of the dimensional requirements between the two proposed zones. TABLE 3: DIMENSIONAL REQUIREMENTS TOD-2 B-4 Lot area (min.) None 10,000 SF Street frontage (min) None 60 ft. Build-to Zone 0-5 ft. 0-20 ft. Build-to percentage (min) 100% 50% Building length as a percentage of street 80% None frontage (min) 10 Page 13 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment Blank wall area (max) 20 ft. 40 ft. None, except 20 ft. if None, except 20 ft. if abutting a lot in a Rear Setback (min) abutting a lot in a residential zone. residential zone. None, except 10 ft. if None, except 10 ft. if abutting a lot in a Side Setback, interior (min) abutting a lot in a residential zone. residential zone. Min: 35 ft Structure height (max.) 65 ft. Max: 85 ft Landscaped open space ratio (min) 10% 20% COMPREHENSIVE PLAN ANALYSIS Portland’s Plan 2030 The following analysis provides a framework to assist the Board in its review of the proposed zoning map amendment. Relevant goals and policies of Portland’s Plan 2030 are identified below. The Comprehensive Plan’s Future Land Use section offers a framework for how the City can strategically plan for growth and guide future changes. The Plan identifies areas to be prioritized for growth that supports concentrated mixed-use activity and complete neighborhoods, as shown below. Figure 8: Visions of Portland’s Plan 2030 Site Figure 9: Portland's Plan 2030 Priority Nodes and Corridors from the Future Land Use Section 11 Page 14 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment In the Future Land Use section, Brighton Avenue is identified as a priority corridor for further evaluation and potential investment to serve neighborhood needs, while the nearby intersection of Brighton Avenue and Rand Road (east of I-95) is identified as a priority node. The ReCode process evaluated the potential for growth along this portion of Brighton Ave, which resulted in the area being rezoned to TOD-1 and TOD-2. In addition to the Future Land Use section, the Comprehensive Plan policies and goals also offer a framework for reviewing proposed map amendments. The identification of Brighton Ave priority corridor and the subsequent ReCode changes reflect Transportation and Environment Goals of the Comprehensive Plan: Transportation: • Future Strategies: Create incentives to spur transit-oriented, mixed-use development along corridors and in areas that can support high-quality transit service. • Future Strategies: Support initiatives to strategically increase the frequency and span of service, on- time reliability, and geographic scope of transit service. Environment: • Local Goal: Adopt sustainable land use and transportation policies that support connectivity, walkable neighborhoods, and multi-modal transportation. However, the applicant has identified the following relevant Comprehensive Plan goals, which encourage the development of the property under the B-4 zone: Economy: • Local Goal: Create economic prosperity by growing Portland’s tax and employment base o Future Strategies: Modify ordinances and make strategic investments to better promote business development and job creation in priority areas. Environment • Local Goal: Support Sustainable Land Use and Transportation Policies o Future Strategies: Plan for the mitigation and redevelopment of brownfields to support productive uses and a healthier environment for residents. The Applicant states that the dimensional restrictions of the current zoning along with the contamination and soil conditions on the property limit the development potential of the property under the use and dimensional requirements of the TOD-2 zone. The applicant asserts that rezoning the property to B-4 would allow for the introduction of a new commercial use and facilitate the productive reuse of a contaminated site, thereby advancing the Economic and Environmental goals of the Comprehensive Plan. Summary The subject property’s current TOD-2 zoning aligns with the Comprehensive Plan’s long-term vision for a more compact, mixed-use, and pedestrian-oriented Brighton Avenue corridor. The use standards reflect an intent to support neighborhoods where residents can “work, live, shop, and dine,” and the dimensional 12 Page 15 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment standards encourage a “pedestrian-scale built environment” that emphasizes building placement close to the street, with an active and continuous street wall, rather than automobile-oriented development. The rezoning of this portion of Brighton Avenue from B-4 to TOD-2 in 2024 reflected an intent to transition this corridor over time toward a more compact, mixed-use, and pedestrian-oriented development pattern. However, the proposed rezoning to B-4 would address the economic and environmental constraints affecting the subject property. Existing development along Brighton Avenue west of I-95 is characterized by large-scale commercial uses with prominent parking and other design elements supporting automobile use. These established land use patterns are generally consistent with the use and dimensional standards of the B-4 zone. As the applicant notes, the B-4 zone is intended to support businesses serving a regional or larger market and to accommodate automobile access, consistent with the zone’s purpose statement. The applicant further asserts that this development pattern aligns with certain economic and environmental goals of the Comprehensive Plan. Accordingly, the proposed rezoning presents a trade-off between accommodating existing development patterns and site-specific constraints and supporting broader Comprehensive Plan objectives related to growth along identified corridors and the coordination of transportation and development. In considering this amendment, the Board should evaluate whether the proposed rezoning is consistent with the goals and policies of the Comprehensive Plan and whether it would advance those objectives in the context of this site and the surrounding area. STAFF RECOMMENDATION While both the TOD-2 and B-4 zones could be found consistent with the Comprehensive Plan, staff recommend that the Planning Board consider rezoning the subject property and adjacent parcels, including 1210 Brighton Avenue, 1200 Brighton Avenue, and 1188 Brighton Avenue from TOD-2 to B-4 (see Figure 10). Expanding the B-4 rezoning area would create a more consistent land use pattern west of I-95 along Brighton Avenue and facilitate the redevelopment of underutilized sites in a manner more compatible with the existing context and automobile-oriented character of the area. The character of this section of the corridor is shaped by its close proximity to the Exit 48 interchange and the surrounding auto-oriented development extending into Westbrook, which serves both regional and larger market demands. 13 Page 16 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment B-4 B-4 RN-3 RN-3 B-4 B-2 B-2 B-4 TOD-2 TOD-2 TOD-2 TOD-2 TOD-1 TOD-1 Applicant’s proposed map amendment Staff’s proposed amendment Figure 10: Comparison between Applicant’s and staff’s proposed rezoning The purpose statement of the B-4 zone is more closely aligned with the existing context and anticipated future conditions of this area, as it is intended to provide locations for businesses serving regional markets, accommodate large-scale commercial uses requiring larger land areas, and support moderate- to high- density housing. The standards of the B-4 zone recognize the continued importance of automobile access while also encouraging improvements to the pedestrian environment and accommodating alternative modes of transportation. The B-4 zone would continue to permit a mix of commercial and residential uses while establishing dimensional and use standards that are better aligned with the intended development pattern for this section of Brighton Avenue. Relevant Comprehensive Plan policies include: • Promote an economic climate that increases job opportunities and overall economic well- being • Create economic prosperity by growing Portland’s tax and employment base. • To encourage orderly growth and development in appropriate areas of each community. • To encourage and promote affordable decent, housing opportunities for all Maine citizens. • Pursue policies to enable people who work in Portland to have the option to live in Portland. Retaining the TOD-2 zone for the remaining area to the south is recommended due to the long-term plans and vision for Rock Row, which spans both Westbrook and Portland. Future phases of Rock Row (Phase III and beyond) are anticipated to develop as a denser, walkable, mixed-use urban village that is more consistent with the intent of the City’s TOD zoning districts, as illustrated in the Rock Row campus master plan (Figure 11). 14 Page 17 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment Site Figure 11: Rock Row Campus Plan PUBLIC COMMENT One public comment has been received as of May 20, 2026. A neighborhood meeting was held by the applicant on March 12, 2026, at The Hampton Inn, 1210 Brighton Avenue at 5:30pm. There were no members of the public in attendance. PROPOPOSED MOTIONS On the basis of materials submitted by the applicant, the City of Portland Land Use Code, Portland’s Comprehensive Plan, public comment, and the information provided in the public hearing on May 12, 2026 for the application ZN-003527-2026, and/or other findings, the Planning Board finds that the proposed zoning map amendment [is/is not] consistent with the Comprehensive Plan for the city of Portland; therefore, the Planning Board [recommends/does not recommend] to the City Council adoption of the Zoning Map Amendment as shown in the map below to rezone parcels 265 A009002 (1220 Brighton Ave), 265 A001001 (1210 Brighton Ave), 265 A008001 (1200 Brighton Ave), and 265 A007001 (1188 Brighton Ave) to the B-4 zone. 15 Page 18 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment B-4 B-4 TOD-2 Figure 12: Zoning Map amendment for 1220, 1210, 1200, and 1188 Brighton Avenue X. ATTACHMENTS APPLICANT’S SUBMITTAL A. Cover Letter B. Consistency Letter C. Amendment Checklist D. Deed E. Vicinity Map F. Zoning Map G. Concept Site Plan H. Neighborhood Meeting Materials I. Memorandum from Jones & Beach Engineers, Inc., dated March 11, 2026 J. Correspondence from Maine Department of Environmental Protection, dated December 15, 2023 K. Environmental Sample Report from Tighe&Bond, dated November 13, 2023 L. Letter from Maine Department of Environmental Protection, dated August 28, 2024 STAFF ATTACHMENTS 16 Page 19 Planning Board Hearing | May 26, 2026 ZN-003527-2026| Zoning Map Amendment S1. Variance Application for 1220 Brighton Ave submitted by Portland West Realty, dated September 8, 2025 S2. Decision of the Zoning Board of Appeals regarding Variance Application, dated October 2, 2025 S3. Decision of the Zoning Board of Appeals regarding A Request to Reconsider submitted by Portland West Realty, dated November 6, 2025 S4. Planning Board Memo, dated April 14, 2026 17 Page 20  Att. S1 PORTLAND WEST REALTY, INC. 1150 Brighton Avenue Portland, ME 04102 City of Portland, Maine September 8, 2025 Zoning Board of Appeals 389 Congress Street Portland, ME 04101 Dear Members of the Zoning Board of Appeals, Portland West Realty, Inc. is the owner of 1220 Brighton Avenue, Portland, Maine (the “Property”). The Property is located on the Westbrook-Portland city boundary line and near Exit 48 on Interstate-95. ExxonMobil Oil Corporation previously owned the Property where it operated a gas station and automobile service center. While owned by ExxonMobil, the Property contained underground storage tanks (“UST”). The USTs leaked and created an underground spill of diesel fuel and other hazardous materials. Prior to selling the Property, ExxonMobil removed the USTs and completed a Voluntary Action Response Program (“VRAP”) with the Maine Department of Environmental Protection. As a required component of the VRAP, restrictions were imposed on the Property preventing the Property from being used for any residential, hospital, nursing home facility, childcare, playground/recreational area, school or any other similar use. The City’s adoption of the new Land Use Code in late 2024 further imposed restrictions on the Property that, in conjunction with the VRAP restrictions, prevents the Property from being developed. Portland West Realty, Inc. is seeking a variance to allow for the development of a Panera Bread location with drive-through services on the Property. The structure to be constructed on the Property, as proposed, would be (i) shorter than the minimum height of thirty-five (35) feet, (ii) greater than the minimum build-to-zone of 0-5 feet from the street; and (iii) less than the minimum building length as a percentage of street frontage as required in the TOD-2 Zone. Having a Panera Bread move from its location in Westbrook to the Property would create a location for commuters to pick up healthy food and beverages easily and conveniently without a large disruption to the morning or evening work commutes in and out of the City. Furthermore, this variance will allow for an otherwise undevelopable piece of real estate to support and complement other nearby Portland businesses while generating tax revenue for the City. In sum, Portland West Realty, Inc. requests that the Zoning Board of Appeals grants a hardship variance for the Property such that a Panera Bread drive-through location may be constructed thereon. Sincerely, Kamlesh Patel President of Portland West Realty, Inc. Page 21 Page 22  CITY OF PORTLAND Permitting and Inspections Department Addendum to Variance Appeal Application The applicant will provide answers to the four statements below. Section 2.3.11.B of the Land Use Ordinance states that a variance may be granted by the Zoning Board of Appeals only where strict application of the ordinance, or a provision thereof, to the petitioner and his property would cause undue hardship. The board will consider the answers and evidence provided the applicant in response to the four statements below in determining whether “undue hardship” exists. 1. The land in question cannot yield a reasonable return unless a variance is granted. [Note: “failure to yield a ‘reasonable return’ means ‘the practical loss of all beneficial use of the land…Reasonable return does not mean maximum return.” Rowe v. City of South Portland, 730 A.2d 673, 675 (ME 1999)(citations omitted.)] X _____Yes ______No Reason and supporting facts: Please see attached. 2. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood. X _____Yes ______No Reason and supporting facts: Please see attached. 3. The granting of the variance will not alter the essential character of the locality. X _____Yes ______No Reason and supporting facts: Please see attached. 4. The hardship is not the result of action taken by the applicant or a prior owner. X _____Yes ______No Reason and supporting facts: Please see attached. Page 2 of 2 389 Congress Street, Room 315 • Portland, Maine 04101 • 207-874-8703 zoning@portlandmaine.gov • www.portlandmaine.gov Page 23  Responses to Portland West Realty, Inc.’s Hardship Variance Application 1. When the applicant purchased 1220 Brighton Avenue (the “Property”), it was part of a larger parcel. The applicant developed a comprehensive plan for development of entire site which included the Hampton Inn, another site (currently occupied by Aspen Dental) and the Property, which the applicant had always intended to be leased to a business that would utilize a drive through. The Property is the last parcel on the site to be developed so the “character” of the entire development has already been established and the Property can only be used in a way that fits in with the rest of the project. Further limiting the options for use of the Property is its size - 0.65 acre. In addition, the Property is subject to various restrictive covenants because of a certain Voluntary Response Action Plan (“VRAP”) conducted by the Maine DEP and a predecessor owner to remediate a hazardous material spill at the Property. The restrictive covenants prevent the Property from being used for any residential, nursing home facility, childcare, playground/recreation area, school or other similar use (the “Restrictions”). Under the new Land Use Code, effective November 4, 2024 (the “Recode”) the Property is located in the Transit-Oriented Development Zone-2 (“TOD-2”). In TOD-2, buildings are required to be a minimum of 35 feet tall and a minimum length equal to 80% of the lot's street frontage. As applied to the Property, to comply with all zoning requirements, the structure on the Property would be a minimum of three stories tall and be approximately 75 feet in length. To prevent the structure from being built in a manner that would take away from the character of the locality (i.e., to prevent the building from being built in an abnormal shape), the structure would be at least 60 feet in width. Based on the foregoing dimensions, a fully compliant structure would contain approximately 13,500 total square feet of space on a lot that is only 0.65 acres in area. The remaining area of the Property would only be able to accommodate 38 parking spaces, including three handicapped accessible spaces. While the applicant recognizes that the Recode in general, and the TOD-2 zone in particular, are intended to encourage use of public transportation, as a practical matter, the applicant cannot merely hope to find tenant-businesses whose employees, clients and customers will all utilize public transportation. As such, the applicant has consulted with leasing professionals and confirmed that any potential tenant is highly likely to expect sufficient on-site parking as a precondition to leasing any space. Here, if a structure were built on the Property in accordance with TOD-2 requirements, there would be insufficient on-site parking to attract tenants. The concept plan of the Property with a fully compliant structure as described above is included in this application packet as Concept Plan 19. Furthermore, the Recode prevents any form of drive-through in TOD-2 despite the fact that drive-throughs are allowed in zone B-4 which is located directly across the street from the Property. Permitted uses in TOD-2 which are not already prohibited under the Restrictions, are not true options for the Property’s development given the size of the lot. As outlined above, there is insufficient on site parking to attract a tenant who would operate a sit-down restaurant, hotel, office building, place of assembly, convention/performance hall or amusement center. Furthermore, Page 24 the adjacent Hampton Inn makes development of the Property as a hotel impractical. In sum, the TOD-2 dimensional requirements in conjunction with the size of the Property would make it impossible for the applicant to lease 13,500 square feet of space for permitted purposes. Furthermore, given that the entire sire was developed in anticipation of a drive-through on the Property, the prohibition of drive-throughs makes it virtually impossible for the applicant to attract a tenant for any ground floor use. Therefore, without a variance, the Property cannot be developed in any way that is economically feasible. In short, without a variance, the Property is essentially worthless. 2. The Property was previously utilized as a gas station which contained underground storage tanks. The Restrictions imposed on the Property, which are not a general condition of the neighborhood, prevent the Property from being developed in several different manners. Additionally, the new zoning restrictions imposed on TOD-2 under the Recode further restrict the Property’s use such that the Property requires a variance to yield a reasonable return. Therefore, the need for a variance is due to the unique circumstances of the Property. 3. The proposed variance will not alter the character of the locality. Directly across the street from the Property is zoned B-4 which specifically allows for drive-through buildings as an accessory use. Additionally, numerous buildings nearby are similar in height to the proposal and have drive-through service. The requested variance would allow Panera Bread to move from its current location across the street from the Property in Westbrook and into a new, easily accessible location in Portland. The proposed Panera Bread location will not alter but rather will support the essential character of the locality and its existing infrastructure. Other permitted uses in TOD-2 which are not prohibited under the Restrictions will not add value to the locality because there is already a surplus of hotels, lodging, offices and retail stores nearby. 4. The hardship is caused by the new zoning restrictions imposed by the new Recode in conjunction with the Restrictions on the Property. As shown in a letter from the Maine DEP dated August 2, 2002 (see letter enclosed in application packet), the Restrictions were required to be imposed on the Property as part of the VRAP and were not caused by a prior owner. The combination of the new zoning constraints and the Restrictions limits the Property’s development potential exponentially. A variance is necessary for any future development of the Property. Page 25 Page 26 Page 27 Page 28  Proposed Plan with Variance MAIN STREET WESTBROOK PORTLAND LOCUS SCALE: 1"=2000' PARCEL SITE NOTES: 265A-9-2 BRIGHTON AVE PROPOSED RPU RPU RPU RESTAURANT W/ DRIVE-THRU PARCEL 3,200± S.F. 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL O THIS CONCEPT PLAN HAS BEEN PREPARED BY JONES & BEACH ENGINEERS, INC. (JBE) FOR CONCEPTUAL PURPOSES F ONLY. JBE WILL ASSUME NO LIABILITY IF IT IS USED FOR ANY OTHER PURPOSE. THIS PLAN IS SPECIFICALLY NOT INTENDED FOR ANY CONSTRUCTION-RELATED ACTIVITY, FICE INCLUDING (BUT NOT LIMITED TO) CONSTRUCTION BIDDING. IN ADDITION, DUE TO DISCREPANCIES WHICH MAY OR MAY NOT EXIST IN THE AVAILABLE PLAN REFERENCES, ANY PROPERTY LINES AND EXISTING FEATURES DEPICTED ON THIS CONCEPT PLAN AND ANY CALCULATIONS BASED ON THE SAME MAY NOT BE ENTIRELY ACCURATE. JBE ASSUMES NO LIABILITY FOR THE ACCURACY OF THESE LINES OR RELATED CALCULATIONS, AND IT IS UNDERSTOOD THAT THE USER OF THIS CONCEPT PLAN ACCEPTS ALL RESPONSIBILITY FOR ANY AND ALL ACTIONS ARISING FROM THE USE OF THIS PLAN. THE USER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO HOLD HARMLESS AND INDEMNIFY JBE FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, AND COSTS ARISING FROM THE USE OF THIS PLAN, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES. Design: ISM Draft: ISM Date: 3/7/25 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784_CONCEPT 17.DWG Plan Name: CONCEPTUAL SITE PLAN PROPOSED COMMERCIAL REDEVELOPMENT CP17 2 5/27/25 MINOR REVISIONS HCH THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN Project: PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). 1 4/15/25 MINOR REVISIONS ISM 85 Portsmouth Ave. 603-772-4746 1220 BRIGHTON AVENUE, PORTLAND, ME ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 3/7/25 ISSUED FOR REVIEW ISM PO Box 219 FAX: 603-772-0227 PORTLAND WEST REALTY, INC SHEET 1 OF 1 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. Owner of Record: REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 29  Concept in compliance with TOD-2 zoning restrictions MAIN STREET WESTBROOK PORTLAND LOCUS SCALE: 1"=2000' PARCEL SITE NOTES: 265A-9-2 BRIGHTON AVE PROPOSED MIXED-USE (OFFICE + F&B + RETAIL) PARCEL 4,500± S.F. 264A-2-1 (3-STORIES) (13,500± SQ.FT. TOTAL) PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL O THIS CONCEPT PLAN HAS BEEN PREPARED BY JONES & BEACH ENGINEERS, INC. (JBE) FOR CONCEPTUAL PURPOSES F ONLY. JBE WILL ASSUME NO LIABILITY IF IT IS USED FOR ANY OTHER PURPOSE. THIS PLAN IS SPECIFICALLY NOT INTENDED FOR ANY CONSTRUCTION-RELATED ACTIVITY, FICE INCLUDING (BUT NOT LIMITED TO) CONSTRUCTION BIDDING. IN ADDITION, DUE TO DISCREPANCIES WHICH MAY OR MAY NOT EXIST IN THE AVAILABLE PLAN REFERENCES, ANY PROPERTY LINES AND EXISTING FEATURES DEPICTED ON THIS CONCEPT PLAN AND ANY CALCULATIONS BASED ON THE SAME MAY NOT BE ENTIRELY ACCURATE. JBE ASSUMES NO LIABILITY FOR THE ACCURACY OF THESE LINES OR RELATED CALCULATIONS, AND IT IS UNDERSTOOD THAT THE USER OF THIS CONCEPT PLAN ACCEPTS ALL RESPONSIBILITY FOR ANY AND ALL ACTIONS ARISING FROM THE USE OF THIS PLAN. THE USER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO HOLD HARMLESS AND INDEMNIFY JBE FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, AND COSTS ARISING FROM THE USE OF THIS PLAN, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES. Design: ISM Draft: ISM Date: 9/5/25 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784_CONCEPT 19.DWG Plan Name: CONCEPTUAL SITE PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 9/5/25 ISSUED FOR REVIEW ISM 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC CP19 Owner of Record: SHEET 1 OF 1 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53  0123445 678ÿ ÿÿ6ÿÿÿ6ÿÿ ÿ  54!"2#3$%#&'4%ÿ)54!"2#3$%#&'4%* +,#-ÿ./01/2324ÿ02561ÿ78 9 :;#<-"<ÿ=&ÿ:";;>ÿ)?2?$%";'1@'3#AA&'4%* BCDEÿGHIÿJKCÿJILMHKNOCPÿLHÿKCQKCDCRLÿSCÿJLÿTUVÿWCCLNRXY ÿ ZJS[CDMÿ\JLC[ ÿ ]^_`aÿcdefghfÿijÿchddkÿlmnmophdqrsqteuujqvpw xyz{aÿ|egfesghk}ÿ~enepmedÿ€}ÿ‚ƒ‚„ÿ€‚€ƒÿ†‡ ˆ_aÿ‰hptesŠÿhnetÿl‰vhnetopejqvpw x‹ŒyŽ{aÿrnŠvdnkÿnvÿ‘edesefnÿ†vdnthfgÿ|esnÿ‘ehtnkÿhnÿ’cÿ‡ee“fu ÿ ”HHPÿJ•LCKRHHRÿZJSE ÿ –MCÿ\HKL[JRPÿTUVÿKC—INKCDÿLMJLÿ˜CÿQKH™NPCÿLMCSÿ˜NLMÿšHKKCDQHRPCRšCÿšHR•NKSNRXÿLMJLÿ›ÿJS JILMHKNOCPÿLHÿKCQKCDCRLÿ\HKL[JRPÿœCDLÿCJ[LGÿJLÿLMCÿTHRNRXÿUHJKPÿSCCLNRXÿHRÿžšLHŸCKÿRPY ÿ ¡JRÿGHIÿQ[CJDCÿKCDQHRPÿLHÿLMNDÿCSJN[ÿDLJLNRXÿLMJLÿ›ÿJSÿJILMHKNOCPÿLHÿKCQKCDCRLÿLMCÿšHSQJRGÿJL LMCÿTUVÿSCCLNRX¢ ÿ –MJR£DE UKCRPJR ÿ ÿ ÿ ¥¦§¨©ª«§¬©­®©¬¯ÿ°¦¬©±«²ÿ́µ¶ÿ·¸¹¶º»¸¼½ÿ»¾ÿ¹µ»½ÿ¶¼¶¿¹ºÀ¾»¿ÿ·¸»¼ÿ¹º¸¾½·»½½»À¾ÿÁ»¾¿¼Âû¾Äÿ̧¼¼ÿ̧¹¹̧¿µ·¶¾¹½Åÿ̧º¶ÿƺ»Ç¸¹¶ÿ̧¾Ãÿ¿À¾È»Ã¶¾¹»¸¼ÿ̧¾Ãÿ̧º¶ÿ¹µ¶ ƺÀƶº¹ÉÿÀÈÿ¹µ¶ÿ½¶¾Ã¶ºÊÿÿ́µ¶ÿ»¾ÈÀº·¸¹»À¾ÿ¿À¾¹̧»¾¶Ãÿ»¾ÿ¹µ¶ÿ·¸¹¶º»¸¼ÿ»½ÿƺ»Ç»¼¶Ä¶Ãÿ̧¾Ãÿ»¾¹¶¾Ã¶ÃÿÀ¾¼ÉÿÈÀºÿ¹µ¶ÿ½¶ÿÀÈÿ¹µ¶ÿ¾¸·¶Ãÿ̧Ãú¶½½¶¶Á½ÅÊÿÿËÈÿÉÀ ¸º¶ÿ¾À¹ÿ¹µ¶ÿ»¾¹¶¾Ã¶Ãÿ̧Ãú¶½½¶¶ÌÿͶÿ̧ÃÇ»½¶Ãÿ¹µ¸¹ÿ̧¾Éÿ¾¸Â¹µÀº»Î¶Ãÿû½¿¼À½Âº¶Ìÿ¿ÀÆÉ»¾ÄÌÿû½¹º»Í¹»À¾ÿÀºÿ¹µ¶ÿ¹̧Ï»¾ÄÿÀÈÿ̧¾Éÿ̧¿¹»À¾ÿ»¾ÿº¶¼»¸¾¿¶ÿÀ¾ÿ¹µ¶ ¿À¾¹¶¾¹½ÿÀÈÿ¹µ»½ÿ·¸¹¶º»¸¼ÿ»½ÿ½¹º»¿¹¼ÉÿƺÀµ»Í»¹¶ÃÊÿÿËÈÿÉÀÂÿµ¸Ç¶ÿº¶¿¶»Ç¶Ãÿ¹µ»½ÿ¶¼¶¿¹ºÀ¾»¿ÿ·¸»¼ÿ¹º¸¾½·»½½»À¾ÿ»¾ÿ¶ººÀºÌÿ¹µ¶¾ÿƼ¶¸½¶ÿ»··¶Ã»¸¹¶¼Éÿ¾À¹»ÈÉÿ¹µ¶ ½¶¾Ã¶ºÿÍÉÿ¹¶¼¶ÆµÀ¾¶ÿ̧¹ÿÁÐÑÒÅÿÓÐÓÔÓÑÑÑÿÀºÿ½¶¾Ãÿ̧¾ÿ¶¼¶¿¹ºÀ¾»¿ÿ·¶½½¸Ä¶ÿ¹ÀÿÈ»º·Õ·¸º¿Â½¿¼¶ÄÄÊ¿À·Ìÿ̧¾Ãÿ¹µ¶º¶¸È¹¶ºÌÿö½¹ºÀÉÿ¹µ¶ÿÀº»Ä»¾¸¼ ¹º¸¾½·»½½»À¾ÿ»··¶Ã»¸¹¶¼ÉÊ Page 54 ÿ 1234ÿ63789ÿ7 43 ÿÿÿÿÿÿÿÿÿ ÿÿÿ!ÿÿ!ÿÿ"#ÿÿÿÿ ÿ"ÿÿ$" ÿÿ%ÿ$ÿ!ÿÿÿ%ÿÿÿÿ&ÿ'ÿÿÿ#ÿ $ÿ"ÿ%ÿÿ% ÿ"ÿ%ÿ(ÿÿÿ$ÿÿÿ"ÿ!ÿ& ÿ ÿ Page 55  Att. S2 CITY OF PORTLAND, MAINE ZONING BOARD OF APPEALS TOD-2 Zone Undue Hardship Variance Application DECISION Date of public hearing: October 2, 2025 Name and address of applicant: Brendan Barry Marcus Clegg 16 Middle Street, Ste. 501 Portland, Maine 04101 Name and address of owner: Kamlesh Patel Portland West Realty, Inc. 1150 Brighton Avenue Portland, Maine 04102 Location of property: 1220 Brighton Avenue CBL 265 A-9 INTRODUCTION The applicant’s parcel at 1220 Brighton Avenue (the “Property”) is in the TOD-2 zone. The applicant is seeking a Hardship Variances for relief from the following Land Use Code provisions: 1) 14-6.6.2(C)(3): The prohibition of drive-throughs; 2) Table 7-D: The minimum build-to zone (0-5 ft.); Minimum height (35ft); and Minimum building length (80%) as a percentage of street frontage This Board has jurisdiction to hear this variance request pursuant to Land Use Code Section 2.3.9 (D). 1 Page 56  FINDINGS: The Board has reviewed the information submitted by the applicant and received oral testimony at the hearing. After carefully considering all of the evidence in the record, the Board finds as follows: Land Use Code Section 2.3.11(B) provides an undue hardship variance may be granted by the board only where strict application of the ordinance, or a provision thereof, to the applicant and their property would cause undue hardship. The words “undue hardship” as used in this subsection mean the following: 1. The land in question cannot yield a reasonable return unless a variance is granted. [Note: “failure to yield a ‘reasonable return’ means ‘the practical loss of all beneficial use of the land…Reasonable return does not mean maximum return.” Rowe v. City of South Portland, 730 A.2d 673, 675 (ME 1999)(citations omitted.)] a) With regard to the request related to Section 14-6.6.2(C)(3), the prohibition of drive-throughs. The evidence in the record is insufficient to demonstrate that there are no other permitted uses that do not require a drive through. Other commercial uses are permitted on this parcel which would not include drive throughs. The applicant did not demonstrate that a drive-through use would be the only viable use on the property or that failing to include a drive through would result in the practical loss of all beneficial use of the land. Therefore, the Board finds this condition has not been met. VOTED: 4-3 in favor. b) With regard to Table 7-D: i) The minimum build-to zone (0-5 ft.); The evidence in the record is insufficient to demonstrate that building a structure consistent with the build-to zone would result in the practical loss of all beneficial use of the land. Therefore, the Board finds this condition has not been met. VOTED: 4-3 in favor ii) Minimum height (35ft); and The applicant demonstrated that building a structure consistent with the minimum height would be infeasible due to the clay on the site and other engineering and structural limitations. Therefore, the Board finds that denial of the variance would result in the practical loss of all beneficial use of the land. Therefore, the Board finds this condition has been met. 2 Page 57  VOTED: 7-0 in favor iii) Minimum building length (80%) as a percentage of street frontage The applicant demonstrated that building a structure consistent with the minimum building length as a percentage of street frontage would be infeasible because it would require the applicant to build a structure that was too large to provide adequate parking for a commercial tenant. The applicant demonstrated that they have marketed this parcel for 6 years and were rejected by many potential commercial tenants due to parking limitations. As a result, the Board finds that the denial of the variance would result in the practical loss of all beneficial use of the land. Therefore, the Board finds this condition has been met. VOTED: 7-0 in favor 2. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood. i) With regard to the request related to Section 14-6.6.2(C)(3), the prohibition of drive-throughs. The evidence in the record was insufficient to demonstrate that circumstances of the property are such that a drive-through would be the only viable use on this property. As a result, the Board finds that the need for a variance is not due to the unique circumstances of the property. Therefore, the Board finds this condition has not been met related to the request for a variance to allow a drive-through. VOTED: 5-2 in favor ii) Table 7-D: The minimum build-to zone (0-5 ft.); Minimum height (35ft); and Minimum building length (80%) as a percentage of street frontage The evidence in the record indicates that the need for the variance requests related to build-to zone, minimum height, and minimum building length is due to the unique circumstances of the property including the VRAP, the size of the lot, the clay and unstable soils, and not the general conditions of the neighborhood. Therefore, the Board finds this condition has been met. VOTED: 7-0 in favor 3 Page 58 3. The granting of a variance will not alter the essential character of the locality. The evidence in the record demonstrates that there are many buildings in the areas that have drive throughs, that are less than three stories tall, that are set back further than 5 feet from the property line and have less than 80% building length as street frontage. For these reasons, the Board finds that granting any of the variances would not alter the essential character of the locality. Therefore, the Board finds this condition has been met as to all four variance requests. VOTED: 7-0 in favor 4. The hardship is not the result of action taken by the applicant or prior owner. The evidence in the record demonstrates that the prior owner caused pollution on the site and, as a result, entered into a VRAP agreement which created use limitations on the parcel. Those use limitations gave rise to the need for the variance request to include a drive-through as a use on the parcel. Additionally, the current owner subdivided a larger parcel which left this parcel more challenging to develop consistent with the minimum height, building length as a percentage (80%) of frontage and build-to zone requirements. Therefore, the Board finds that the hardship is a result of action taken by the applicant or prior owner and this condition has not been met for any of the variance requests. VOTED: 7-0 in favor DECISION: The Board finds that the applicant has not satisfactorily met all of the standards for all four of the variance requests and therefore, DENIES the variances. VOTED: 7-0 Dated:October 2, 2025 ________________________ R. Todd Morse, Board Chair 4 Page 59  Att. 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S4 Page 62  2 Page 63  3 Page 64  4 Page 65 • • • • 5 Page 66  6 Page 67  7 Page 68  8 Page 69  F i g u r e : V i s i o n s o f P o r t l a n d ’ s P l a n 2 9 0 Page 70 3 • • • • o • o 10 Page 71  11 Page 72  12 Page 73  Att. A Page 74  Att. B Consistency with Portland’s Comprehensive Plan 2030 Portland’s 2017 Comprehensive Plan “Portland’s Plan 2030” (the “Plan”) set forth a number of policy goals including, (i) continuing Portland’s economic prosperity, (ii) productive and safe redevelopment of brownfields and (iii) providing increased access to healthy foods. Portland West’s proposed Map Amendment and Project are consistent with the Plan because (i) it further supports Portland’s economic prosperity, (ii) it proposes to utilize the Property in a productive manner that would otherwise be undevelopable, in part, because of the presence of hazardous materials in the soil, and (iii) it provides fast, accessible and healthy foods to Portland residents, guests and commuters from neighboring communities who work in Portland. I. Continuing Portland’s Economic Prosperity. The Plan contemplates creating economic prosperity by growing Portland’s tax and employment base. The Plan at p. 43. The Project is in alignment with this aspect of the Plan because it would allow the Property to be developed in a productive manner. As alluded to above and further explained below, the Property is undevelopable absent a zoning change to B4 because of the TOD-2 restrictions as well as the unique conditions of the Property. Allowing the Project to be developed on the Property supports Portland’s growth in economic prosperity because it will create jobs in the City and it will further increase the City’s tax basis by increasing the value of the Property, which are specifically stated goals under the Plan. a. The Property is Undevelopable in Zone TOD-2. Under its current TOD-2 zoning, buildings on the Property must have a minimum height of thirty-five feet (35’). This requirement alone is prohibitive for developing on the Property because the Property’s soil composition – that being mostly of clay – cannot support a structure of this height without significant investments to stabilize the building’s foundation. The required investments would be so costly that building a structure of such height would is economically infeasible and, therefore, prevents any development. Additionally, the Property has been a vacant lot for approximately eight (8) years now. Portland West and its predecessor owner have marketed the Property for a build-to-suit lease for at least six (6) years with very limited interest. Currently, Portland West has a prospective tenant proposing to build a Panera Bread location on the Property on the condition that the business can provide drive-through services. The request for drive-through services is a similar request made for all of the prior prospective tenants given the size and location of the Property. Prior to the ReCode, a drive-through was an allowed accessory use on the Property but now, in TOD-2 zoning, a drive-through is prohibited. That said, every prospective tenant for this Property has required a drive-through and the commercial leasing market dictates that the Property cannot be leased unless a drive-through is permitted thereon. Notwithstanding the drive-through prohibition in TOD-2, the dimensional requirements of TOD-2 are prohibitive of having a drive-through service located on the Property, specifically the Page 75 minimum build-to zone and the minimum building length as a percentage of street frontage. These two dimensional requirements cause any structure to be built within five feet (5’) of Brighton Avenue and require the building to be at least seventy feet (70’) long. Given the size and shape of the lot, it is impossible to construct an efficient drive-through on the Property while complying with the TOD-2 dimensional requirements. b. The Property is Undevelopable Due to the Presence of Hazardous Materials in its Soil. The Property is the previous site of the City Farm Sand Pit. According to a prior environmental report of the Property, there is evidence that the City permitted the disposal of used crank oil and tar residue in and around the Property. According to a 2024 environmental assessment of the Property, hazardous materials are still present in the Property’s soil. Portland West has contacted Maine DEP about this issue and Maine DEP recommended that, if the Property is developed, it follows the same precautions and imposes the same restrictions as implemented in the Voluntary Response Action Program implemented on the immediately abutting property. The recommended restrictions would prevent the Property from being used for any residential, hospital, nursing home facility, childcare, playground/recreational, school or other similar use. c. The Proposed Map Amendment Allows for Development that is Consistent with the Plan. As outlined above, the Property is currently undevelopable due to its size, the presence of hazardous materials within its soil, and because of the TOD-2 zoning requirements. Modifying the Zoning Map to change the Property from zone TOD-2 to zone B4 would allow the Project to be developed in accordance with all zoning requirements and would comply with the recommendations provided by Maine DEP. Absent such a change, there is no feasible development that can take place on the Property. Allowing for the Property to be developed will increase the value of the Property and, therefore, increase the tax basis of the City. Furthermore, the Project, once completed, will require numerous full-time staff which increased employment in the City. Therefore, the Planning Board should recommend the Application because it is consistent with the Plan and allowing the Property to remain undevelopable is contrary to the Plan. II. Mitigation and Redevelopment of Brownfields. The Plan aspires to mitigate and redevelop brownfields to support productive uses and healthier environments for residents. The Plan at p. 22. Rezoning the Property from TOD-2 to B4 allows for the Property to be developed and productive despite the presence of hazardous materials in its soil. As stated above, the Property’s soil contains hazardous materials in its soil that is likely the result of the City’s prior permitted dumping of used crank case oil and tar dumping in and around the Property. The hazardous materials prevent the Property from being used for anything but commercial uses and, as detailed above, no commercial tenant will develop the Property without a drive-through service. Therefore, if the Property remain in zone TOD-2, it will continue Page 76 to be undeveloped and an unproductive vacant lot. As such, rezoning the Property to B4 is consistent with the Plan because it supports the redevelopment and productive use of a site that contains hazardous materials. III. Access to Healthy Foods. The Plan strives to increase access to health food for all. The Plan at p. 20. By rezoning the Property to B4, the Project can be implemented on the Property which would increase access to healthy food for Portland residents and commuters who work in Portland. According to Forbes, Panera Bread’s menu is full of healthy meal options. 10 Healthiest Fast Food Restaurants – Forbes Health. By allowing the Project to proceed, Portland residents and residents of neighboring communities who work in Portland will be able to access health food options with greater ease and convenience by virtue of the proposed drive-through service. Furthermore, Panera Bread is known to partner with local charities such as food pantries, veteran services and youth shelter to donate unsold baked goods at the end of each night through its “Day-End Dough-Nation” program. Day- End Dough-Nation | Panera Bread. Therefore, the Project is consistent with the Plan’s goal to increase healthy foods for all because it provides convenient access to healthy foods for Portland residents and people commuting into Portland and it provides Portland charities with another possible source of healthy food donations. In conclusion, the rezoning of the Property from TOD-2 to B4 and the implementation of the Project is consistent with the Plan because it creates economic prosperity by increasing the City’s tax base and employment, it supports the redevelopment and productive use of brownfields, and it provides greater access to healthy foods for all. Page 77  Att. C CITY OF PORTLAND Planning & Urban Development Department MAP AMENDMENT SUBMISSION CHECKLIST * Please submit each document and drawing as a separate PDF file * Please submit all drawings in a 24 x 36 sheet size * Please confirm each item by electronically checking the boxes to the left for each document/drawing GENERAL APPLICATION DOCUMENTS Project Description ✔ • Cover Letter with detailed project description Consistency with Comprehensive Plan ✔ • Analysis of the consistency of the zone change request with the goals, policies and land use plan of Portland’s Comprehensive Plan. ✔ Completed Checklist – Map Amendment Application (this document) Right, Title and Interest ✔ • Deeds, leases, or purchase and sales agreements PLANS ✔ Vicinity Map ✔ Proposed Map Amendment (please use the Portland zoning map as a reference) Site Plan (if applicable) ✔ Provide a site plan of the property showing existing and proposed improvements, including such features as buildings, parking, driveways, walkways, landscape and property boundaries. Page 78  Att. D Page 79 Page 80 Page 81  LOCUS SCALE: 1"=2000' PARCEL PARCEL 266C-1-1 266C-2-1 PARCEL PARCEL 266C-4-1 265A-9-2 PARCEL 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL OF FICE PARCEL 266A-4-1 PARCEL 266A-1-1 PARCEL 265A-7-1 PARCEL 264A-4-1 Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: VICINITY PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z1 Owner of Record: SHEET 1 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 82  LOCUS SCALE: 1"=2000' PARCEL PARCEL 266C-1-1 266C-2-1 PARCEL PARCEL 266C-4-1 265A-9-2 PARCEL 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 PARCEL 266A-4-1 PARCEL 266A-1-1 PARCEL 265A-7-1 PARCEL 264A-4-1 Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: MAP AMENDMENT PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z2 Owner of Record: SHEET 2 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 83  MAIN STREET WESTBROOK PORTLAND LOCUS SCALE: 1"=2000' PARCEL SITE NOTES: 265A-9-2 BRIGHTON AVE PROPOSED RPU RPU RPU RESTAURANT W/ DRIVE-THRU PARCEL 3,200± S.F. 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL O FFICE Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: SITE PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z3 Owner of Record: SHEET 3 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 84  Att. H March 13, 2026 City of Portland, Maine Planning and Urban Development Department Attn: Rowen McAllister (rmcallister@portlandmaine.gov) JENNIE L. CLEGG 389 Congress Street LEE H. BALS Portland, ME 04101 DANIEL L. ROSENTHAL DAVID C. JOHNSON RE: Certification of Neighborhood Meeting K. BLAIR JOHNSON BRENDAN T. BARRY Dear Ms. McAllister I, Brendan Barry, the applicant, hereby certify that a neighborhood meeting was held on March 12, 2026, at The Hampton Inn, 1210 Brighton Avenue, Portland, Maine, at 5:30 PM EST for the proposed zoning of the Zoning Map Amendment at 1220 Brighton Avenue, Portland Maine (ZN-003527-2026). The neighborhood meeting began at 5:30 PM and ended at 6:00 PM with no members of the public attending in person or virtually. I also certify that on March 2, 2026, the Notice of Neighborhood Meeting For Proposed Zoning Map Amendment enclosed herein was mailed to (i) all addresses on the mailing list provided by the Planning Division which includes property owners within 500 feet of the proposed development, and (ii) all residents on the “interested parties” list. _________ Sincerely, GEORGE J. MARCUS (Retired) MYER M. MARCUS (1914-2015) Brendan Barry __________ Enclosures: 1. Copy of Notice of Neighborhood Meeting For Proposed Zoning Map 16 MIDDLE STREET, SUITE 501 Amendment; PORTLAND, ME 04101-5166 2. Sign-in Sheet for Neighborhood Meeting; and T. 207.828.8000 / 800.806.9242 3. Record of feedback from neighborhood meeting. F. 207.773.3210 / 800.806.8678 FIRM@MARCUSCLEGG.COM MARCUSCLEGG.COM Page 85  Portland West Realty, Inc. 1150 Brighton Ave. Portland, ME 04103 NOTICE OF NEIGHBORHOOD OUTREACH MEETING FOR PROPOSED ZONING MAP AMENDMENT 1220 Brighton Avenue, Portland, Maine YOU ARE RECEIVEING THIS NOTICE BECAUSE: (I) YOU OWN REAL ESTATE LOCATED WITHIN 500 FEET OF 1220 BRIGHTON AVENUE, PORTLAND, MAINE; OR (II) YOU ARE ON THE CITY OF PORTLAND’S LIST OF INTERESTED CITIZENS. PURPOSE OF MEETING: Portland West Realty, Inc., the owner of 1220 Brighton Avenue, Portland, Maine (the “Property”), is seeking an amendment to the City of Portland’s Zoning Map to change the current zoning of the Property from Transit Center Zone (TOD-2) to Commercial Corridor (B-4). As required by the City of Portland, Maine Code of Ordinances, Chapter 13, Article 1.10.2(C), Portland West Realty, Inc. is inviting you to a neighborhood outreach meeting regarding the proposed zoning map amendment. The zoning amendment is being proposed in order for the Property to be developed as a Panera Bread location with a drive-thru service, allowing the Property to be in an economically beneficial manner, rather than having it remain as a vacant lot. DATE, TIME AND LOCATION OF MEETING: The neighborhood meeting shall be a hybrid in- person/virtual meeting to be held on Thursday, March 12, 2026 at 5:30 PM in the conference room of The Hampton Inn located at 1210 Brighton Avenue, Portland, Maine 04103. For parties who wish to participate remotely, please email Brendan Barry (btb@marcusclegg.com) no later than March 12, 2026, at 12:00 PM to request a Zoom link for the neighborhood meeting. If you have any questions, please feel free to email Brendan Barry at btb@marcusclegg.com or to call 207-210-6281. Sincerely, Portland West Realty, Inc. Page 86  Neighborhood Meeting Sign-in Sheet Date of Meeting: March 12, 2026 at 5:30 PM EST Location: The Hampton Inn, 1210 Brighton Ave., Portland, Maine 04103 Project: Zoning Map Amendment for 1220 Brighton Avenue (ZN-003527-2026) Members of the Public in Attendance Name Email Applicant and Consultant Team in Attendance: Name Email Brendan Barry btb@marcusclegg.com Kamlesh Patel kopatel@me.com Page 87  Record Feedback from Neighborhood Meeting None. No members of the public attended the neighborhood meeting. Page 88 March 11, 2026 Att. I RE: Subsurface Soil Conditions 1220 Brighton Ave, Portland, ME JBE Project No. 20784 Although no specific subsurface testing via deep test pits or borings has been completed on the subject parcel, our office is Engineer or Record for the Rock Row project to the east of the subject parcel. The subsurface soil conditions were extensively studied and findings formatted into a geotechnical report for Phase 1 of the Rock Row project. Because of our involvement in the neighboring project, we can provide the following summary of subsurface soil conditions we’d expect on our subject parcel: The subsurface soil types consist of primarily silty sands in upper layers (<15’ depth on average) with some areas of clayey sands & silts in these upper layers. Beyond these upper layers, in some areas starting in the 15-20’ depth range, gray silty clay is present (medium to soft). Based on the estimated shear strengths of the clay, the taller, heavier structures on Phase 1, such as Market Basket, required installation of extensive ground improvements beneath the building slab & foundation. The single-story commercial closest to our subject parcel, where Starbucks is located, did not require ground improvements because the height and use loading was minimized but over-excavation and replacement of several feet of existing material with imported, compacted gravels was required. If this structure had been proposed as multi-story, it’s likely that ground improvements or a large mat slab – both of which are complicated and costly – would have been needed. We can likely translate these conclusions to the subject parcel and assume that a multi-story structure on the subject parcel will likely require a more expensive and complicated foundation system. Additionally, the footprint of a multi-story structure on the subject parcel would be relatively small which increases the cost of ground improvements or other foundation systems because of the high cost to mobilize equipment for small area of work – no economy of scale. For these reasons, it’s our opinion that a single-story building is best suited for this site. Please let me know if there are any questions, Sincerely, Ian MacKinnon, P.E. Associate Principal W:\20784 PORTLAND ME - 1220 BRIGHTON AVE - PATEL\WORD FILES\Memo-Subsurface Soils.docx Page 89  Att. J Page 90  Att. K Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164  Att. L STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION JANET T. MILLS MELANIE LOYZIM GOVERNOR COMMISSIONER August 28, 2024 Portland Hotels, Inc. Attn: Kamlesh Patel 1220 Brighton Avenue Portland, Maine 04102 Re: Recommended actions for 1220 Brighton Avenue, Portland, Maine Dear Mr. Patel: The Maine Department of Environmental Protection (the “Department”) issued a Voluntary Response Action Program (“VRAP”) No Further Action Assurance letter to ExxonMobil on February 6, 2004, for the property located at 1200 Brighton Avenue in Portland, Maine. That property is adjacent to your property at 1220 Brighton Avenue, and has many of the same characteristics. In the February 6, 2004 letter to ExxonMobil, the Department called attention to a former city dump located in the area that had been identified in the investigations. This dump is located 10 feet or greater below the current ground surface (and fill), and extends not only under the abutting property but almost assuredly under your property as well. As such, the conditions for the safe use of your property are the same as for the 1200 Brighton Avenue property: if contamination is discovered (i.e. odors, stained or discolored soils, etc.) during excavation at the 1220 Brighton Avenue property, the Department should be notified and any soils that cannot be reused onsite with be handled, characterized, and disposed of at an approved disposal facility; and any new structures to be constructed on the property should have a vapor barrier and/or sub-slab depressurization system installed prior to occupancy. Taking these precautions will mitigate any potential risks posed by the contaminated soils located at depth. If you should have any questions regarding this letter, please feel free to contact me at nick.hodgkins@maine.gov, or call my cell phone at (207) 592-0882. Sincerely, Nicholas J. Hodgkins Director, Division of Remediation Bureau of Remediation & Waste Management AUGUSTA BANGOR PORTLAND PRESQUE ISLE 17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK AUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769 (207) 287-7688 FAX: (207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 website: www.maine.gov/dep Page 165 3/4/26, 10:52 AM City of Portland Mail - 1220 Brighton Ave Rowen McAllister <rmcallister@portlandmaine.gov> 1220 Brighton Ave 1 message Maggie Stanley <stanley.maggie@gmail.com> Wed, Mar 4, 2026 at 10:44 AM To: planning@portlandmaine.gov Dear Planning Board, I'm writing in regards to the application for the zone change at 1220 Brighton Ave. The applicant states that the lot is not developable as it is a brownfields site, and has min requirements for height and build to zones. While I would sympathize if a property owner was blindsided by Re-Code, and suddenly their plans to develop a site would no longer work, according to the tax assessor's website, the property owners bought this parcel after the current Zoning map was in effect. The planning department and the planning board spent a lot of time evaluating the City's needs and desires for how the city should grow and determined that certain areas should be reserved for higher density on transportation nodes. The TOD is how we envision our future city. I challenge the board to be VERY critical of any needs that the developer states is a must in order to rezone this parcel. This particular area was deemed a location where we wanted to encourage higher density development near transportation corridors and create density nodes. Reverting backwards to parking lots aligning the street, with set back buildings and drive throughs with no sense of place is not the direction the city envisioned. The developer could still build a Panera, build offices or apartments above it, have ground floor retail and parking towards the rear of the building. There are numerous funding sources for Brownfields grants, and if they partnered with an affordable housing developer or other non-profits, there is lots of money for that. Allowing zone changes of this nature that do nothing to promote the goals of the city and revert to a building type of the past is not the growth the city envisioned when balancing present and future needs of the city in the comprehensive plan and re-code. It seems this developer did not do their proper due diligence when purchasing this property. -Maggie Stanley c. 207.266.7803 -- Your inquiry has been received by the City of Portland Planning and Urban Development Department. A staff member from the Department will be in touch with you, with a response, as soon as possible. Thank you. -- Planning and Urban Development Department City Hall, 389 Congress Street, 4th Floor Portland, Maine 04101 (207) 874-8719 (T) (207) 756-8258 (F) planning@portlandmaine.gov www.portlandmaine.gov Office Hours are Monday - Friday 8:00 a.m. - 4:00 p.m. https://mail.google.com/mail/u/0/?ik=adb5d41e74&view=pt&search=all&permthid=thread-f:1858746800292060853&simpl=msg-f:1858746800292060853 1/1 Page 166  LOCUS SCALE: 1"=2000' PARCEL PARCEL 266C-1-1 266C-2-1 PARCEL PARCEL 266C-4-1 265A-9-2 PARCEL 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 PARCEL 266A-4-1 PARCEL 266A-1-1 PARCEL 265A-7-1 PARCEL 264A-4-1 Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: MAP AMENDMENT PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z2 Owner of Record: SHEET 2 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 167  MAIN STREET WESTBROOK PORTLAND LOCUS SCALE: 1"=2000' PARCEL SITE NOTES: 265A-9-2 BRIGHTON AVE PROPOSED RPU RPU RPU RESTAURANT W/ DRIVE-THRU PARCEL 3,200± S.F. 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL O FFICE Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: SITE PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z3 Owner of Record: SHEET 3 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 168  LOCUS SCALE: 1"=2000' PARCEL PARCEL 266C-1-1 266C-2-1 PARCEL PARCEL 266C-4-1 265A-9-2 PARCEL 264A-2-1 PARCEL 265A-1-1 PARCEL 265A-8-1 MEDICAL OF FICE PARCEL 266A-4-1 PARCEL 266A-1-1 PARCEL 265A-7-1 PARCEL 264A-4-1 Design:ISM Draft: TCR Date: 02/04/26 Designed and Produced in NH DRAWING No. Checked: WGM Scale: AS NOTED Project No.: 20784 Drawing Name: 20784-PLAN-ZONING.DWG Plan Name: VICINITY PLAN THIS PLAN SHALL NOT BE MODIFIED WITHOUT WRITTEN PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE). ANY ALTERATIONS, AUTHORIZED OR OTHERWISE, SHALL BE 0 02/04/26 ISSUED FOR REVIEW TCR 85 Portsmouth Ave. PO Box 219 603-772-4746 FAX: 603-772-0227 Project: PROPOSED COMMERCIAL REDEVELOPMENT 1220 BRIGHTON AVENUE, PORTLAND, ME PORTLAND WEST REALTY, INC Z1 Owner of Record: SHEET 1 OF 3 AT THE USER'S SOLE RISK AND WITHOUT LIABILITY TO JBE. REV. DATE REVISION BY Stratham, NH 03885 E-Mail: JBE@JONESANDBEACH.COM 1150 BRIGHTON AVE, PORTLAND, ME 04102 JBE PROJECT NO. 20784 Page 169 Planning and Urban Development Matthew Grooms, AICP Deputy Director To: Chair Zamboni & the Portland Planning Board From: Matthew Grooms, Deputy Director, Planning & Urban Development Re: Tabling Request for 16 Purington Way (PL-003302-2025) Date: May 20, 2026 Staff is requesting that the Planning Board table the public hearing for the 16 Purington Way Major Site Plan Application, submitted by Nelson Property Services, and currently scheduled for May 26, 2026, to the Planning Board’s regularly scheduled June 23, 2026 meeting. The requested tabling is intended to provide the applicant additional time to address outstanding review comments and submit revised materials related to several components of the application, including building elevations and stormwater management details. The applicant also failed to post the required public hearing signage on the property within the 10-day timeframe of the scheduled public hearing, as is required under Land Use Code Section 13.5.7. Staff believes that allowing additional time for revisions and coordination will help facilitate a more complete application record and a more efficient public hearing process for both the applicant and the Board. 389 Congress Street, Portland, Maine 04101 | ph: 207.874.8699 | mgrooms@portlandmaine.gov Page 170 Page 171 Planning and Urban Development Matthew Grooms, AICP Deputy Director To: Chair Zamboni & the Portland Planning Board From: Matthew Grooms, Deputy Director, Planning & Urban Development Re: Tabling Request for 0 Dalton Street (PL-003335-2025) Date: May 20, 2026 Staff is requesting that the Planning Board table the public hearing for the 0 Dalton Street Major Site Plan Application, submitted by Nelson Property Services, and currently scheduled for May 26, 2026, to the Planning Board’s regularly scheduled June 23, 2026 meeting. The applicant failed to post the required public hearing signage on the property within the 10-day timeframe of the scheduled public hearing outlined in Land Use Code Section 13.5.7. 389 Congress Street, Portland, Maine 04101 | ph: 207.874.8699 | mgrooms@portlandmaine.gov Page 172