Planning Board — Portland, ME
Date: 2026-05-26
Time: 16:30

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:
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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. Please note that the placement of items
on this agenda are subject to change – please check the agenda center prior to the meeting for the item start
time.

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PUBLIC COMMENT INFORMATION:
 To submit written public comment on an agenda item, email planningboard@portlandmaine.gov.
 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
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 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
 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

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. Please note that the placement of items
on this agenda are subject to change – please check the agenda center prior to the meeting for the item start
time.

Please click the link to join the webinar: Join from PC, Mac, iPad, or Android: https://portlandmaine-
gov.zoom.us/j/82639340163

Phone one-tap:
+13052241968,,82639340163# US
+13126266799,,82639340163# US (Chicago)

Join via audio:
+1 305 224 1968 US
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 309 205 3325 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US
Webinar ID: 826 3934 0163
International numbers available: https://portlandmaine-gov.zoom.us/u/kexYJN0AL

PUBLIC COMMENT INFORMATION:
 To submit written public comment on an agenda item, email planningboard@portlandmaine.gov.
 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




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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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 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


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 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
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 Att. J




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 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