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HomeMy WebLinkAbout2026.02.04 BOA Minutes Nathan Woodard - 1011 Union Street - HearingBoard of Appeals Minutes For Meeting Held on February 4, 2026 at 5:30 p.m. Members Present:Donald McCann (Associate Member),Rachel Thompson, Edward Gould (Chair), Robert Ballingall,Brian Ray, and Scott Pardy (Associate Member) Staff Present:David Szewczyk, City Solicitor and Grace Innis, Assistant City Solicitor Introductions: Chair Gould opened the hearing and introduced members. Chair Gould requested consideration from the Board to authorize Member Jordan LaBouff to participate remotely while he is out of state for work purposes. Chair Gould stated the City has a policy regarding remote participation in which the Board is authorized to allow continued remote participation if the Board voted affirmatively on the matter. Member Ballingall made a motion to amend the agenda to consider the issue. Member Thompson seconded the motion. Motion passed unanimously (5-0). Member Thompson made a motion to authorize Member LaBouff to participate remotely until he returns to the City from his work assignment. Member Ballingall seconded the motion. Motion passed unanimously (5-0). Training: Assistant City Solicitor Innis provided annual training to the Board. Chair Gould advised Associate Member McCann that he will vote in place of absent Member LaBouff and further advised Associate Member Pardy that he won’t vote but can participate in the discussion as an Associate Member. Approval of July 23, 2025 Minutes: Member Ballingall made a motion to approve the 7/23/25 meeting minutes. Member Thompson seconded the motion. Motion passedunanimously (5-0). Public Hearing -Consideration of two appealsrequesting a variancefrom the setback requirement of City Ordinance § 165-73B and the buffer requirement of § 165-73D – Nathan Woodard (1011 Union Street) Nathan Woodard spoke as the applicant and presented his request for variancewith respect to both the front and back parcels. Justine Drake, civil engineer, provided clarifying comments on behalf of the applicant. Board of Appeals Members asked questions of Mr. Woodard and Ms. Drake. City of Bangor Code Enforcement Director Jeff LaBree presented the City of Bangor’s position and was in opposition to the Application. Director LaBree provided a copy of the 1987 Site Plan to the Board. Planning Officer Anja Collette provided clarification that, upon review of the historical photos of the property going back to the 1970’s, the pavement at the property has been the same since the 1970’s. Mr. Woodard presented additional information regarding the 1978-79 and 1987 site plans. Public Hearing was closed. Planning Officer Collette provided additional clarification regarding the 1987 site plans requiring vegetative buffering and a 5-foot setback on the west side of the front parcel and a 20-foot buffer and 5-foot setback on the back parcel. The Board deliberated on the matter. Board of Appeals voted on the matter (Front Parcel): Member Thompson made a motion that the applicant met the requirement that the land in question cannot yield a reasonable return unless a variance is granted. Member Ray seconded the motion. Motion passed unanimously (5-0). Member Ballingallmade a motion that the applicant met the requirement that the plight of the owner is due to unique circumstances of the property and not to the general conditions of the neighborhood.Member Thompson seconded the motion.Motion passed unanimously (5-0). Member Thompson made a motion thatthe applicant met the requirement that the granting of the variance will not alter the essential character of the locality.Member Ray seconded the motion.Motion passed unanimously (5-0). Member Ballingall made a motion that the applicant met the requirement that the alleged hardship is not the result of action taken by the applicant or a prior owner of the property.Member Thompson seconded the motion.Motion passed unanimously (5-0). Member Ballingall made a motion that the Board approve the variance of the front parcel fromthe setback requirement of City Ordinance § 165-73B and the buffer requirement of § 165-73D of the Code of Ordinances. Member Thompson seconded the motion.Motion passed unanimously (5-0). Board of Appeals voted on the matter (Back Parcel): Member Thompson made a motion that the applicant met the requirement that the land in question cannot yield a reasonable return unless a variance is granted. Member Ballingall seconded the motion. Motion passed unanimously (5-0). Member Thompson made a motion that the applicant met the requirement that the plight of the owner is due to unique circumstances of the property and not to the general conditions of the neighborhood.Member McCann seconded the motion.Motion passed unanimously (5-0). Member Thompson made a motion thatthe applicant met the requirement that the granting of the variance will not alter the essential character of the locality.Member Ray seconded the motion.Motion passed unanimously (5-0). Member Thompson made a motion that the applicant met the requirement that the alleged hardship is not the result of action taken by the applicant or a prior owner of the property.Member Ballingall seconded the motion.Motion passed unanimously (5-0). Member Ballingall made a motion that the Board approve the variance of the back parcel from the setback requirement of City Ordinance § 165-73B and the buffer requirement of § 165-73D of the Code of Ordinances. Member Thompson seconded the motion.Motion passed unanimously (5-0). Meeting adjourned.