HomeMy WebLinkAbout2023.10.05 BOA Minutes Amy Martin - 201 Buck Street - HearingBoard of Appeals
Minutes
For Meeting Held on October 5, 2023 at 5:00 p.m.
Members Present:Robert Ballingall, Jordan LaBouff (Associate Member), Edward Gould (Chair), Robin Perkins, and Rachel Thompson.
Staff Present:David Szewczyk, City Solicitor;Jeff Wallace, Director of Code Enforcement; and Patty Hamilton, Director of Public Health.
Introductions:
Chair Gould opened the hearing and introduced members.
Approval of Minutes:
August 2, 2023 and August 9, 2023:
Member Thompsonmade a motion to approve the meeting minutes.
Member Perkins seconded the motion.
Motion passed unanimously.
Public Hearing -Request for Reasonable Accommodation Under the federal Fair Housing Act from the requirements ofCity Ordinances §§ 65-10 and 65-11, to allow chickens at the property
as emotional support animals (201 Buck Street):
Chair Gould disclosed that approximately ten years ago he was involved in litigation representing a party that Ms. Martin had filed a lawsuit against. Under Bangor ordinances related
to conflicts, this issue does not represent a conflict of interest. Neither Ms. Martin nor the Board had concerns about Chair Gould’s ability to be fair and unbiased.
Ms. Martin submitted guardianship papers reflecting the fact she is C-Jay’s legal guardian and has the right to proceed on his behalf.
Chair Gould indicated the Board would typically deal with medical issues in Executive Session, but Applicant Amy Martin indicated she waived all confidentiality and wanted the medical
and health issues to be addressed in the public hearing. Ms. Martin acknowledged she understood there would be questions from the Board and deliberations that would reveal the health
information contained in the medical records, and that she consented to those conversations occurring in public.
City Solicitor David Szewczyk gave a summaryof some of the applicable laws and suggested procedure to be used at the hearing.
Amy Martin presentedon behalf of C-Jay Martin the request for reasonable accommodation under the Fair Housing Act, and the Board of Appeals Members asked questions to Ms. Martin.
Imke Jandreau, a neighbor who lives on Third Street inBangor; John Nadeau of Glenburn, Maine; Richard Bell ofLakeview Plantation, Maine; Elesia Moore ofBangor; Meghan Sekara ofGrenada
Hills, California; and Luke Sekara of Fryeburg, Mainespoke in favor of the applicant’s application.
Melanie Hamel, abutting neighbor who lives on Lincoln Street inBangor, spoke in opposition to the application, and Martha Ward, abutting neighbor who also lives on Lincoln Street in
Bangor,expressed concerns regarding the application.
City of Bangor Director of Code Enforcement Jeff Wallace and Director of Public Health Patty Hamilton presented the City of Bangor’s position.
Ms. Martin presented rebuttal to citizens’ concerns.
Public hearing was closed.
Board of Appeals deliberated on the matter.
Board voted separately on the three elements the applicant was required to satisfy under § 165-11(E) of the City Code and thefederal Fair Housing Act for accommodation from the requirements
of City Ordinances §§65-10 and 65-11:
Member Thompson made a motion the applicant demonstrated C-Jay Martin suffers from a handicap. Member Perkins seconded the motion.Motion passed unanimously (5-0).
Member Perkins made a motion that, due to C-Jay’s disability, the requested accommodation was necessary to afford C-Jay an equal opportunity to use and enjoy a dwelling.Member LaBouff
seconded the motion.Motion passed unanimously (5-0).
Member LaBouff made a motion that the requested accommodation is reasonable and applies only to City Code §65-10 and the first sentence of
§65-11 with the limitation that there be no more than six (6) hens on the property.Member Thompson seconded the motion.Motion passed unanimously (5-0).
Member Ballingall made a motion to grant the requested variance with the limitations stated in ElementNumber 3 of the vote.Member Thompson seconded the motion.Motion passed unanimously
(5-0).
Other business:
None.
Meeting adjourned:
Member LaBouff made a motion to Adjourn.
Member Thompson seconded the motion.
Motion passed unanimously to adjourn.