HomeMy WebLinkAbout2022.08.29 BOA Minutes Rachel Allen - HearingBoard of Appeals
Minutes
For meeting held on August 29, 2022.
Members present: Edward Gould (Chair), Jordan LaBouff, Robin Perkins and Loren Ballestas
Staff present: David Szewczyk, City Solicitor; Sergeant Ed Potter, City of Bangor Police Department
Others present: Applicant Rachel Allen, Wendy Allen
Introductions
Taxi License Appeal – Rachel Allen
Ms. Allen spoke on her appeal of the denial of her request for a taxi cab license, stating that she has turned her life around, is hard working, dependable and a positive presence within
the community.
Wendy Allen spoke positively about Rachel Allen’s effort to turn her life around, hold onto her job, and of her good moral character.
Sergeant Ed Potter, designee of the Chief of Police, conducted a background check on Rachel Allen and spoke on his reasons for denial of the taxi license. Sergeant Potter based his decision
on the City of Bangor Code §278(B)(2)(g) “has been convicted within the last seven years of a crime…involving an act of violence.” Sergeant Potter stated that Ms. Allen revealed the
2020 assault conviction in her application.
Rachel Allen was given the opportunity for rebuttal and spoke regarding Sergeant Potter’s decision.
The public hearing was then closed.
The Board of Appeals deliberated on the matter including discussion with the City Solicitor regarding the standard of review and the appropriate process.
Motion to grant Ms. Rachel Allen’s appeal was made by Member Ballestas. Motion was seconded by Member LaBouff. Motion passed unanimously by vote of 4-0.
The Board then deliberated and voted separately with regard to Fresh Start, Inc.’s two applications for variance appeal for reasonable accommodation under the Fair Housing Act. The
first appeal addressed by the Board pertained to 52 Blackstone Street, and the second appeal pertained to 326 Ohio Street. Both appeals were for reasonable accommodation under the Fair
Housing Act pursuant to §165-11(E) of the Land Development Code.
Chair Ed Gould stated for the record that all Board members were either present at the public hearingson the Fresh Start, Inc. appeals,or had reviewed the video recordings of the hearings
and the materials associated with the applications.
Chair Ed Gould raised the consideration for Fresh Start, Inc.’s appeal for variance to allow seven unrelated residents to live at 52 Blackstone Street on the basis of reasonable accommodation
under the Fair Housing Act.
Member Jordan LaBouff moved to approve the requested variance. Member Perkins seconded the motion. Motion to grant the variance appeal passed unanimously by a vote of 4-0. Appeal was
granted with respect to 52 Blackstone Street.
Chair Ed Gould then raised the consideration for Fresh Start, Inc.’s appeal for variance to allow nine unrelated residents to live at 326 Ohio Street on the basis of reasonable accommodation
under the Fair Housing Act.
Member Perkins moved to approve the requested variance. Member Ballestas seconded the motion. Motion to grant the variance appeal passed unanimously by a vote of 4-0. Appeal was granted
with respect to 326 Ohio Street.
Chair Gould asked for approval of the Minutes from the April 26, 2022, June 23, 2022, July 13, 2022, and July 27, 2022 Board of Appeals meetings.
Member Labouff motioned for approval of the April 26, 2022, June 23, 2022, July 13, 2022, and July 27, 2022 Board of Appeals Meeting Minutes. Motion was seconded by Member Perkins. All
members present voted in favor; motion carried by a vote of 4-0.
Chair Gould asked for any further topics to be addressed. Finding none, Chair Gould asked for a motion to adjourn. Member Perkins made a motion to adjourn. Member Ballestas seconded
the motion. Meeting was adjourned.