Portland Zoning Board Grants 3-Year Permit for State Street Church Shelter

[1:20] Speaker A (unidentified): Yeah, okay. [3:30] Speaker B (unidentified): There, but I don't know how it would be like. Yes, let's see. Yeah, I mean, I thought of it when I read there's some good comments, right? Yeah, okay. How are you doing? How are you? Good, thank you. Yeah, well, yeah, right, thank you so much. Yeah, we [5:20] Speaker C (unidentified): were [5:27] Chair, Zoning Board of Appeals: at like a distance, and I was like, I'm not gonna get lost, but okay. Yeah, busy. Yeah, covering for Will when it's because he's out. So how long is he out [5:39] Speaker E (unidentified): for another seven weeks? Yeah, what's he doing? Yeah, he's on paternal leave. [7:23] William Walsh, public commenter: Yeah, it's my personal one, but yeah. [7:33] Speaker B (unidentified): With our docking stations. [7:36] Chair, Zoning Board of Appeals: From an IT perspective, I appreciate that. [7:39] Speaker B (unidentified): We did not have the ability to work. [9:24] Chair, Zoning Board of Appeals: So, ladies and gentlemen, welcome to the October 1, 2026 meeting of the Zoning Board of Appeals of the City of Portland. The Zoning Board of Appeals will conduct this meeting by other methods, in accordance with the requirements of 1MRS, Section 403B, and the Zoning Board of Appeals' remote participation policy. This meeting is being conducted using Zoom. Before we begin the public hearing, I would like to read you the rules of procedure. At the Board and members of the public are expected to act with civility and to treat each other with usual respect. Applicants will state their case before the Board and may present witnesses and offer documentary evidence. Following the conclusion of the applicant's case, the opponents may present witnesses and offer documentary evidence. Applicants and any applauder or similar person with standing shall offer right to present witnesses on the applicant's behalf and offer rebuttal evidence. Acting new chair parties may cross-examine witnesses. The chair may limit irrelevant, immaterial, or unduly repetitious evidence. At the conclusion of the rebuttal evidence, the public portion of the proceeding will be closed, and the board will rule on the application pursuant to the equivalent provisions or the trend use ordinance, the City of Portland code ordinances, and name law. No business shall be transacted by the Board of Appeals without a quorum consistent of four members being present. The vote of the majority of the members of members present shall be necessary to authorize any action by the board this meeting is being recorded a link to this reporting and reporting the past meetings available on the city's website appeals from decisions of this board may be filed in superior court pursuant 30a mrsa section 26912g all other matters pertaining to the conduct of hearings shall be governed by the provisions of the relevant code of statutes chapter 14 of the city courtly encoded ordinances and the rules promulgated by this form of appeals. Thank you. Yeah, you're welcome. Yes, please. Sorry, I just don't [11:29] Speaker B (unidentified): believe it. Okay, global here. Andrew Weaver here. Dan Black here. Nathaniel Ferguson here. Nancy [11:40] Chair, Zoning Board of Appeals: English here. Ryan Lazani here. We have one item of new business tonight. It is a conditional use 159 State Street, Congregational Church Owners, Tax Map 045 Block A, Block 26, E3. The applicant is seeking additional use approval under Section 14-6.5.6, Operating Emergency Shelter on the property. Representing the owners is Stephen Conloy. [12:08] Speaker E (unidentified): So would you please be over there [12:10] Chair, Zoning Board of Appeals: and present your materials. We reviewed your background materials, so we don't need to repeat everything. We don't want to have you present your materials. [12:18] Speaker E (unidentified): to the Board of the Lab. I'd just like to introduce Venus Bentley, who is a member of our congregation and intimately involved in the operation of the shelter, the two windows that are open. And the pastor, Reverend Brian Greel, who has the vision behind starting the [Speaker C (unidentified): shelter and] IN GETTING THE SUPPORT FOR IT. AFTER A LENGTHY PERIOD OF INSTRUCTION THAT BEGAN IN 2022, THE EMERGENCY FAMILY SHELTER OF STATE STREET CHURCH WAS GIVEN A TEMPORARY PERMIT TO OPEN FOR THE LATE FALL AND WINTER MONTHS OF 2023-2024, AND THIS WAS CONTINUED for the following winter of 2024, 2025. We didn't have any referrals this past winter, although we were open and ready to start providing shelter for families because of the drastic change in degrading [13:32] Speaker C (unidentified): policy that affected Portland. [13:36] Speaker E (unidentified): So in collaboration with the family shelter located On Chestnut Street, State Street Church started receiving referrals of immigrant families in need of emergency housing. State Street Church is currently submitting a conditional use application with the purpose of obtaining the permit to keep the shelter available as an option for families in need of emergency housing. That's kind of outlying what our goal is. I know you have the application. We're glad to answer any questions. And we want questions from the board. [14:32] Chair, Zoning Board of Appeals: Okay, thank you. Any questions from the board? Yeah, I wondered if you're expecting anticipated referrals this year. Yes, we are. So we were actually been three years that we had people there, the actual facility that we built was being built when we were housing people upstairs. Church hall, so we had three years on one year off. I've talked with my Guttry, who is the, I forgot his title, but he's in charge of the family shepherds. Will listen to that and he had anticipates that there will be a need this year last year for an overflow shelter. So there was no overflow, but I understand that the Portland family shelter now has one less building, and so instead of having four buildings they have three, so they are currently at capacity. We have not yet reached the cold weather, so we don't know, because you never know, but we anticipate that there will be a need, and so when there's overflow people that would be on the street. There's basically four extra families that can be out. Mike addressed that with me on the phone, and he does not necessarily think that is the case because some of the factors from last year are still in play, but with the economy being what it is and affordability being what it is, he's seeing more families that are being evicted, so that will be a different population that we will be working with, but they are families with children. Yes, it is, it is not a low barrier shelter. In the three years that we operated, we had zero issues, zero nine one calls, zero calls to the police. We had no issue with alcoholic drugs or mental illness, and if that had come up, we do have plans in place to deal with that, and we, you know, we have volunteers that help stay overnight with us coming from, you know, I think we're 12 different organizations, including the West End Neighborhood Association, and we work through and train them, and we have our rules, and they know when they need to call for help. Somebody has needed and if we do have even a minor issue, all we do [17:05] Speaker A (unidentified): is to call the staff at the family shelter, and they call the family, and then they look through the issue with that, and that's happening maybe one time in 20 years, and it was just a minor misunderstanding. [17:22] Chair, Zoning Board of Appeals: There were questions from the board. Yeah, I guess following up on the staffing comment, so [17:28] Speaker G (unidentified): So it sounds like the staff who are staffing the shelter in your building would be from the same, from the Chestnut Street shelter, from the airplane shelter group. [17:39] Chair, Zoning Board of Appeals: No, it's a different group. We have an employee who is there to greet people, unlock, let them in. They don't stay there during the day, most days. On Sundays, when everything else is closed and there's nowhere to go, we manage to let them stay where they're at. The issue is staffing, basically. Basically. So we have a paid person who lets them in, and that is paid for, has been paid for by a grant from Maine Housing, which we just received Tuesday. We were approved for a grant for this coming season, which will cover our operating expenses. And then we have volunteers from churches, synagogues, the Western Neighborhood Association will come for training and are there. And they come in at the same time that the greeter is there, spend the night there. There are two rooms that have single beds for these people to eat there and sleep there. In the morning, we have another shift coming, and they're usually gone by 10:30, and they come back at 6:30. [18:42] Speaker H (unidentified): So that's all for this. Great. OK. [18:49] Speaker E (unidentified): I don't know if there was a question about service providers that we do is make with welcome and be very accessible to case managers or staff that's like expanding the need of the family to help the different. [19:08] Speaker A (unidentified): I was in contact with Nicole Evers, who's the lead social worker. All the time when you get this kind of thing, should we give you information and then get set up and arrange for people to get settled and they cook their own meals. You know, laundry. [19:35] Chair, Zoning Board of Appeals: So we built with one of the facilities and Bathrooms and including accessibility. Thank [19:46] Speaker C (unidentified): you for the questions from the board is [19:51] Chair, Zoning Board of Appeals: the do you provide or plan on buying shelter every night or the certain nights of the week or is it yes it's from late to late November to late April early May and we are open every single night thank you sometimes time to extend it so the school right the school unit so there wouldn't be a disruption we have the limit of our permit we know and right so but other than that just thanks for your question okay thank you I'm going to now move on to public comment and I don't see anyone in the room so you can go right to zoom on zoom if you want to make a public comment please use is the raise hand feature in the zoom meeting it's the little send on the bottom and I know some people are just listening to me oh there we go excuse [20:58] William Walsh, public commenter: Me, this is William Walsh. I'm resident at 34 Pine Street, and I fully support this. There's a certainly a great need in Portland for services, especially for families. We've seen such a growth in need with the movement of the regular shelter is providing more service requirements. But for families, are really underserved. So I'm familiar with State Street Church and the leadership there and Pastor Brian. I really fully support this as a resident of the West End. [21:37] Chair, Zoning Board of Appeals: Thank you very much for your comment. I don't see anyone else. So I think we can close on the comment, okay? So now we can get into deliberation on the board, or on the court. Got the decision document here in front of me. So this is the E3 makes the so many more use of deal. The applicant is seeking a conditional use approval pursuant to section 6.5 of table 6A and 6.4.1 for the land use code will be a permit to operate an urgency shelter at 159 State Street. This board has jurisdiction to hear this application for switch land use code section 2.3.9 what is reviewing information submitted by the applicant the receivable testimony has here after carefully considering all of the evidence in the record or defines its policies pursuant to table 6a of the city's land use code emergency shelters must be applied in section [23:31] Speaker B (unidentified): Problem John Morse yes Andrew Weaver yes Dan Black yes Nathaniel Ferguson yes Nancy English yes Ryan McSanic yes thank [23:43] Chair, Zoning Board of Appeals: you the facility shall provide adequate space for conducting security searches and other assessments. I'm also just hoping that people it was a part of the abrogation it's very close directly right yeah so it's on a page 10 ID so I'm familiar with the document if they have provided adequate space their application the shelter exterior entrance that opens directly to a vent state of courtyard or the walking gate and they go [Speaker C (unidentified): in there also] the board concerns about the this finding okay [24:45] Speaker C (unidentified): I don't think we have to restate [24:49] Chair, Zoning Board of Appeals: kind of everything they say I mean the applicant has demonstrated that there is adequate space for conducting searches and other assessments can we just say what they call out specifically a small common area in the entrance or upstairs in the fireside around my child's fault yeah I think that's the real division [25:18] Speaker C (unidentified): the findings is ready [25:53] Speaker B (unidentified): Todd Morse yes Andrew Reaver yes Dan Black yes Nathaniel Ferguson yes Nancy English Yes. [26:07] Chair, Zoning Board of Appeals: So item C is the facility shall be designated with a centralized shelter, centralized shelter operations, sorry, with a centralized shelter operation office on each level, providing sidelines to sleeping areas. This building shall not apply to emergency shelters designated for family use. This is dedicated for family use and, therefore, its findings met by default. No. Agreed. Yeah. [26:42] Speaker E (unidentified): Not that it was. Do you accept this plan as written? Second. [26:51] Speaker B (unidentified): Todd Morse? Yes. Andrew Weaver? Yes. Dan Black? Yes. Nathaniel Ferguson? Yes. [26:58] Chair, Zoning Board of Appeals: Nancy English? Yes. Ryan Lozani? Yes. Okay. In a management plan adequately outlining the following areas shall be provided. Management responsibilities, process for resolving neighborhood concerns, staffing access restrictions, on-site surveillance, safety measures, call for regular behavior. At no and noise levels and monitoring reports the measure plans laid out on I think on the same page [27:27] Speaker H (unidentified): If they have a shelter management team and only southern guideline policies from shoulder I [27:50] Chair, Zoning Board of Appeals: Mean I think they go they call out each one of these elements of the plan. I mean it's important that we work if we do find any affirmative that we call it out. They mentioned neighborhood concern, they mentioned staffing, they mentioned surveillance access restrictions for walking safety measures for you to say the applicant [Speaker C (unidentified): States represents] That they are meeting the guidelines of this provision maybe they have some provided a plan that outlines every area yeah in the in this division for yeah [28:42] Speaker G (unidentified): That's providing an outline of the plan that [28:51] Chair, Zoning Board of Appeals: An outline of their policies to present in with respect to items should we say that the outline of the plan adequately addresses all of the conditions something like that I did [30:07] Speaker G (unidentified): Want for the chair before I did receive some written public comments I just wanted to [30:11] Speaker B (unidentified): Make sure that the board had a chance to review all of that too yeah we did it on how you [30:17] Chair, Zoning Board of Appeals: The public comment I said it was also due to making a reference to the general provisions I did these developments referring to them manually I personally didn't see anything in public comments over the rest of the level of suggesting that their plan is inadequate but to the rest of the board, agreed. [30:38] Speaker G (unidentified): I think since there were some initial concerns with the folks to send them some, something to rewrite it and update it in there. [30:47] Chair, Zoning Board of Appeals: Yeah, there were still comments that were not received, [30:51] Speaker G (unidentified): But were not presented as being committed, [30:56] Chair, Zoning Board of Appeals: Referencing the out-of-operations trips and stuff. [Speaker C (unidentified): But again,] For me to see what's happening to me, and I had to see how many people I'm making sure. I'm just adding comments. Thank you. Yeah, I think one comment you mentioned that had since the family shelter where books were produced. I think there was one who was just concerned about the overall load in the neighborhood, but they weren't. Yeah, I agree with the read that I got, you know, [32:09] Speaker H (unidentified): Seeing the other answer, I have a public comment that suggests that everything, you know, to the robot, anything in the application, if there are questions, [34:30] Chair, Zoning Board of Appeals: Adequate access to and from fixed transit service shall be provided. A facility shall be within a quarter mile of fixed route transit service or shall be within half a mile of fixed route transit service and provided adequate indoor space to permit shelter guests. Sorry, all day, all guests, they learn their guests today, shelter, all shelter guests, they shelter, I'm sorry. As well as implement strategies to help residents utilize transit. The whole peninsula is within a quarter mile of face route and service. [35:01] Speaker G (unidentified): So this is certainly net. And the shelter location is located within the west part. I [35:29] Speaker A (unidentified): was wondering about the second part. [35:56] Chair, Zoning Board of Appeals: I think it's it's either in this we've been a quarter mile of extra service before it was given a half mile. [36:03] Speaker E (unidentified): And I already gave it up to that. [36:05] Speaker C (unidentified): Oh yeah. Yeah. Well then. Senator, [36:19] Chair, Zoning Board of Appeals: do I need to accept this finding? [36:21] Speaker C (unidentified): So moved. Second. [36:24] Speaker B (unidentified): Todd Morse. Yes. Andrew Weaver. Yes. Jan Black. Yes. Nathaniel Ferguson. Yes. Nancy English. Yes. Ryan Lozanek. Yes. [36:33] Chair, Zoning Board of Appeals: Yes. The facility shall provide on-site services to support residents such as faith-centered life skills, training, counseling, employment, and educational services, housing assistance, or other programs. The African-Indigenous will be provided in partnership with family shelter. And I do. Did that work? Very good. [37:44] Speaker B (unidentified): Todd Morse. Yes. Andrew Weaver. Yes. Dan Black. Yes. Nathaniel Ferguson. Yes. Nancy English. Yes. Ryan Mozamec. Yes. [37:56] Chair, Zoning Board of Appeals: Suitable laundry, kitchen, pantry, bicycle storage, and secure storage facilities for shelter status shall be provided on-site. The [38:08] Speaker G (unidentified): application demonstrated that. We could restate all of them, but yeah, they directly address all of any needs. [38:17] Chair, Zoning Board of Appeals: All of the needs described in this finding. Todd Morris? Yes. Andrew Weaver? Yes. Dan Black? Yes. Yes. Nathaniel Ferguson. Yes. Nancy English. Yes. Brian Lozanek. Yes. Record areas for guest use shall be provided on site. We've added a screening to protect the privacy of guests. If you're working in courtyard, protect that area. Closed courtyard. With hedges. With hedges. [39:53] Speaker B (unidentified): Kyle Morris. Yes. Yes. Andrew Lieber. Yes. Dan Black. Yes. Amanda Ferguson. Yes. Nancy English. Yes. Brian Lozanek. Yes. [40:04] Chair, Zoning Board of Appeals: Pursuant to section 6.5.2 of the land use code, the following general additional use standards shall also be met. The volume of infected vehicle traffic to be generated in hours of operation expands the pavement and the number of parking spaces required are not substantially greater than would normally occur at surrounding agencies or other allowing uses in the same zone. So, to me, this one seems pretty easily met. I think they reference only needing three additional parking spaces for all of the years. Also, I mean, residential, looking down the residential is allowed to use them in general. So, I think this would certainly not generate more trips than that. They [40:53] Speaker H (unidentified): also reference in their application the guests will be either something mostly walking or using public transit. [40:59] Speaker C (unidentified): but yeah okay talking [41:50] Speaker B (unidentified): about parking spaces without a dress as i don't even need it's [41:55] Chair, Zoning Board of Appeals: necessary the findings because the rest of the finding is sufficient is sufficient i think in your application you did mention that they only needed through parking spaces so we can also add that it strengthens it so it's not necessary I think it might be the next finding that would be missing a letter. Yeah. The proposed useful nongenerately sanitary or harmful conditions by reason of noise, wear, dust, sewage disposal, emissions to the air, odor, lighting, or dirt. I mean, the facility has been in operation for three years. and having known this went about there's always a bit difficult word that's kind of pretty negative someone i've not seen anything in the records that would indicate that is very unsanitary or unfortunate taking [44:44] Speaker H (unidentified): steps to proactively address any potential issues they have a shelter handbook it's reviewed with each resident regarding noise level and sanitation [47:49] Chair, Zoning Board of Appeals: The arrangement of structures and material storage will not have a substantially greater effect slash impact on surrounding properties than those associated with the surrounding uses or other allowable uses in the zone. I mean, I think for one thing, the design is really not substantially changing. It's currently allowed use in the zone. Obviously, families residing in a shelter doesn't generate more additional load with respect to these items than compared to something like wealthy family presidential. potential further [48:40] Speaker E (unidentified): on this one that's [48:48] Chair, Zoning Board of Appeals: just saying it won't have a greater impact than other led uses in the center a lot of this kind of thing yeah it was like a very clear that we missed them soon perfect [49:32] Speaker G (unidentified): design and operation of the building is not changing maybe given that they've been operating already for three years so i feel like [49:43] Chair, Zoning Board of Appeals: But we have to rule it as if they're fine for this need. I think we can use the fact that they've been operating as evidence for conditions, but I still think we might have to consider it like a new operation. [49:59] Speaker G (unidentified): Especially the design and the proposed operation. [50:08] Speaker E (unidentified): Design for things operation [50:10] Chair, Zoning Board of Appeals: I'm thinking about that substantially different from the current use as a church. Well, yeah, current use as a church makes sense, I think, because there's been like a break in the continuity of the shelter use. I think it is like technically still a change, even though there is a strong documented history that goes on felt in it as well. We [50:41] Speaker G (unidentified): need to speak to the operationals that design an operation that was used, so she will approve me to operate. Say something like that. I guess that the operations proposed are not will not have a greater impact, I guess. [50:58] Chair, Zoning Board of Appeals: Do you remind me that this part would speak to the operations that actually make it more explicit? was it with a proposal to maybe operate as a shelter in [51:22] Speaker E (unidentified): the space involved with people [52:14] Chair, Zoning Board of Appeals: The proposed use will not be any additional zone or use specific standard as identified in table 6a to 6g and subsection 6.4. I didn't see any additional ones that we missed. I don't know if anyone else has. I know Nathaniel, you found one with that, so. I'm just saying, I think we're investing in that. Yeah. [53:03] Speaker G (unidentified): Andrew, are you done reading it? I was just wondering if we have to also put I can, because we like beans. [53:14] Speaker B (unidentified): I could tell Andrew was still thinking while the voting was going on. Todd Morse. Yes. Andrew Weaver. Yes. Dan Black. Yes. Nathan Bergeson. Yes. Nancy English. Yes. Ryan Lazanek. Yes. [53:58] Chair, Zoning Board of Appeals: Board finds that all of the standards described above have been satisfied and therefore grant the conditional use permit for a period of three years. Are intervening to listen to Brandon's conditional use permit. [54:19] Speaker B (unidentified): Yeah. And we'll call. Sorry. Did someone second? Oh, yes, I can hear it. Sorry, because I didn't hear that outside. Todd Morse? Yes. Andrew Weaver? Yes. Dan Black? Yes. Nathana Ferguson? Yes. [54:33] Chair, Zoning Board of Appeals: Nancy English? Yes. Ryan Lozanek? Yes. Thank you very much for your application. And thank you for all the work that you do. I think many of you at some point are here in the area and would like to see the shelter, you can just call or just come by and we'd love to show you. Thank you for all the time and effort and detail you've given. Okay, well, there's no other items of business. I thought I heard you're going to go to the speaker. Don't move. Scott Morris. Yes. Andrew Lieber. Yes. Dan Black. Yes. Yes. Nathaniel Ferguson? Yes. Yes. Brian Lozanek? Yes. Okay. I will wait for our.