South Portland Board of Appeals

Updated about 1 month ago

South Portland Board of Appeals - September 22 2025

Chapters

Meeting Commencement and Agenda Overview (00:00:12)
The meeting is called to order and the public proceeding is introduced. The board's agenda for the night is outlined, including the process for public hearing and exhibit viewing.

The meeting begins with the chairperson calling the session to order, emphasizing it is a public proceeding. Attendees are informed of their right to hear and see all discussions and exhibits presented unless the board decides to go into an executive session. The agenda is briefly outlined, highlighting the items to be covered during the meeting.
Agenda Items Discussion (00:01:12)
The board discusses various agenda items, including business items and setting dates for future board activities, such as member training and public access to decisions.

The meeting proceeds with a detailed discussion of the agenda items, including business items two through five. There is mention of setting dates for board member training and ensuring public access to board decisions through the city website. The board considers changes to the meeting start time and other procedural aspects.
Board Procedures and Considerations (00:02:24)
Discussion on board procedures for handling meetings, including tabling agenda items and scheduling future meetings based on application completion.

The board reviews its procedures for managing agenda items during meetings. In cases where the board may not reach certain items, it offers proponents the option to table them for future meetings. The scheduling of board meetings is addressed, emphasizing a first-come, first-served basis for applications.
Introduction of Board Members and Officials (00:03:36)
Introduction of board members and city officials present at the meeting, including the conflict corporation council and other key officers.

The chairperson introduces the members of the board of appeals and city officials attending the meeting. Key figures such as Bob Schwartz, Nicole Reagan, and others are named, along with their roles. The presence of a conflict corporation council is noted, and the chair entertains a motion to accept the minutes of the previous meeting.
Approval of Previous Meeting Minutes (00:05:09)
The board reviews and approves the minutes from the last meeting, ensuring they reflect the discussions and decisions made accurately.

The minutes from the previous meeting are presented for approval. The board discusses the content of these minutes, ensuring they accurately capture the information and decisions made. After a brief discussion, the minutes are approved unanimously by a show of hands.
Litigation Update and Request for Tabling (00:06:11)
A representative provides an update on ongoing litigation involving the city, requesting additional time for negotiations and a potential tabling of the agenda.

Brandon Maser, representing the city, updates the board on the status of litigation involving the Portland jetport and the diocese. Negotiations are ongoing, and a request is made to table the items to allow more time for a potential consent agreement. This segment includes discussions about the schedule and the need for additional time to finalize agreements.
Litigants' Statements and Board's Consideration (00:10:23)
Statements from litigants confirm progress in negotiations. The board considers tabling the discussion to a future meeting date to allow for resolution.

Representatives from the jetport and diocese provide statements agreeing with the city's update, acknowledging progress in negotiations. The board deliberates on whether to table the discussion to the November or December meeting, balancing the need for timely resolution with reasonable scheduling.
Public Comments on Jetport and Noise Issues (00:19:00)
Residents express concerns over increased noise and disturbances due to changes in jet paths and tree cutting near the jetport.

Several residents from Dawson Street voice their concerns about the increased noise and disturbances caused by changes in jet paths since the tree cutting near the jetport. Issues such as constant intrusive noise, anxiety, and environmental changes like increased rodent activity are raised. The residents request a halt to further tree cutting and call for transparency and monitoring from the jetport.
Conclusion of Public Comments (00:31:16)
The public comment section concludes with final remarks, and the board prepares to move on to other agenda items unrelated to the jetport.

The public comment section wraps up with final statements from residents regarding the jetport issues. The chairperson acknowledges the comments and closes the public comment period. The board then prepares to address other agenda items not related to the jetport and tree cutting discussions.
Agenda Item Six Introduction (00:32:38)
Introduction to agenda item six regarding board of appeal member training.

The chairman introduces agenda item six, which is about setting a date and time for board of appeal member training. This item has been eagerly anticipated by the members.
Board Training Discussion (00:32:42)
Discussion on scheduling and necessity of board of appeal member training.

Members discuss the necessity and scheduling of the board of appeal member training. They talk about the city clerk's scheduled training and the separate in-depth training with corporation counsel.
Clarification on Training (00:33:01)
Clarification on the specificity and requirements of the board training.

The members seek clarification on the specific requirements and scope of the board training. They mention the historical practice of conducting a more in-depth training with corporation counsel.
Training Content and Structure (00:33:44)
Discussion on the content of the training including appeals law and FOIA.

The training content such as appeals law, interpreting variances, aesthetics of the neighborhood, and the Freedom of Information Act (FOIA) is discussed in detail by the board members.
Conflict of Interest Concerns (00:34:18)
Addressing potential conflicts of interest in training discussions.

The board discusses strategies to avoid conflicts of interest during the training, especially concerning ongoing litigation such as the airport case.
Scheduling the Training (00:35:54)
Discussion on feasible dates for the board training in October.

The members consider scheduling the training during the October meeting and discuss the practicality of this timing with regard to other agenda items.
Legal Requirements for Training (00:38:20)
Discussion on legal requirements and certification for board training.

The board members discuss the legal requirements and certification process for the training, highlighting recent amendments to state statutes.
Training Planning and Logistics (00:39:39)
Planning logistics for the training, including content and format.

The board plans the logistics of the training, including potential content, format, and how to fulfill statutory requirements efficiently.
Resolution on Training Approach (00:41:58)
Resolution to proceed with scheduling and planning the training.

The board resolves to proceed with the planned training, scheduling it and ensuring all legal and practical considerations are met.
Agenda Item Seven Introduction (00:45:47)
Introduction to agenda item seven about board decision transparency.

The chairman introduces agenda item seven, which concerns placing the board of appeals past and future decisions on the city website for public access.
Publishing Board Decisions (00:46:02)
Discussion on making board decisions publicly accessible online.

The board discusses the importance of making their past and future decisions publicly accessible on the city website and the logistics of implementing this.
Past Decision Accessibility (00:46:48)
Discussion on uploading past decisions and their availability.

The members discuss the feasibility of uploading past board decisions and the potential challenges in locating and digitizing them.
System for Future Decision Publication (00:47:35)
Developing a system for future decision publication and access.

The board considers creating a systematic approach for publishing future decisions to ensure transparency and accessibility for the public.
Agenda Item Eight Introduction (00:51:22)
Introduction to agenda item eight regarding pledge of allegiance.

The chairman introduces agenda item eight, which is a discussion on whether to include the pledge of allegiance at the beginning of meetings.
Debate on Pledge of Allegiance (00:51:46)
Debate on the inclusion of the pledge of allegiance in meetings.

Members debate the merits and implications of including the pledge of allegiance at the start of board meetings, considering both tradition and personal views.
Vote on Pledge of Allegiance (00:54:55)
Vote on the motion to include the pledge of allegiance in meetings.

The board conducts a vote on the motion to include the pledge of allegiance at the beginning of meetings, with members expressing their reasons for voting.
Result of Vote on Pledge (00:57:02)
Outcome of the vote on adding the pledge of allegiance to meetings.

The outcome of the vote is announced, with the motion passing by a narrow margin, indicating mixed opinions among board members.
Agenda Item Nine Introduction (00:58:08)
Introduction to agenda item nine about changing meeting start time.

The chairman introduces agenda item nine, which involves discussing the possibility of changing the start time for future board meetings.
Discussion on Meeting Start Time (00:59:06)
Discussion on the feasibility and benefits of an earlier start time.

Board members discuss the possibility and potential benefits of starting meetings earlier, considering member availability and public convenience.
Consensus on Earlier Meeting Time (01:00:54)
Consensus reached on moving meeting start time to 6 PM.

After discussion, the board reaches a consensus to move the start time of meetings to 6 PM, aiming to conclude meetings earlier in the evening.
Discussion of Meeting Timing and Weather Contingency (01:01:51)
Participants discuss the timing of meetings and how to handle harsh weather conditions, including the possibility of using Zoom for remote attendance.

The discussion focuses on the logistics of scheduling meetings, particularly in relation to harsh weather conditions. Participants express the importance of being flexible and considering remote attendance options, such as Zoom, to ensure meetings can proceed smoothly. They talk about the need to possibly adopt a Zoom policy to handle such situations effectively.
Zoom Policy Consideration (01:02:54)
The idea of implementing a formal Zoom policy is introduced to handle situations like illness or inclement weather, with considerations of state statutes for hybrid meetings.

The conversation shifts towards the potential of creating a formal Zoom policy to manage meetings during inclement weather or member illnesses. There is a discussion about the legal requirements and the need to notice meetings as hybrid under state statutes. Examples from other cities, like Portland, are mentioned as they consistently operate hybrid meetings.
Training and Ideas for Improvement (01:03:38)
Members are encouraged to bring ideas for improvement to an upcoming training session, highlighting the desire for change and addressing issues faced over the past year.

The group plans for an upcoming training session where they will discuss old and new business, and members are asked to bring their ideas for potential changes. This is seen as an opportunity to address some of the challenges faced over the past year and brainstorm solutions.
Motion and Voting Procedure (01:04:22)
A motion is made and seconded, followed by a brief discussion and a unanimous vote to proceed with the meeting changes discussed.

The procedural aspect of the meeting takes place as a motion is made to implement the discussed changes. The motion is seconded, and after confirming there is no further discussion, a vote is conducted. All members raise their hands in agreement, and the motion passes unanimously.
Meeting Adjournment (01:05:03)
The meeting concludes with a formal adjournment, bringing the session to a close.

Following the successful passing of the motion, the meeting moves towards its conclusion. The chairperson adjourns the meeting, marking the end of the session and allowing participants to leave.