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Bangor council overturns planning board and rezones 12 Wylie Street to permit a fourth unit
Summary
After debate over spot zoning and tenant protections, the council voted 8–1 to overturn the planning board and amend the land-development map to allow a four-unit configuration at 12 Wylie Street; councilors stressed both housing-supply needs and concern about precedent.
The Bangor City Council on Nov. 25 voted 8–1 to overturn a planning-board denial and rezone 12 Wylie Street from Urban Residence 1 to a Multifamily and Service District, a change supporters said would bring the building into conformity and protect an existing tenant.
Planning staff described the parcel as about 0.15 acres and said the change aligns with the city’s 2022 comprehensive plan, but noted planning-board members were concerned the request could constitute spot zoning. "There are three tests to determine if something is spot zoning," Anne Craig, director of Community and Economic Development, said, outlining considerations of larger purpose, conformity with the comprehensive plan and reasonableness of equal treatment.
Public speakers and an owner’s supporter said the building has been operating as a four-unit and that denying the rezoning would force displacement. Philip Henry, who spoke in favor of the applicant, urged the council to consider the tenant’s stability and the owner’s prior investments in the property, including work toward a fire-suppression system.
Council debate centered on two competing priorities: deference to planning-board recommendations and the need to expand housing supply. Councilor Trammell said he generally defers to planning-board votes but found this application persuasive; Councilor Mallard, who voted no, asked whether an occupancy permit existed and said that lacking such a permit would make the use impermissible.
Roll-call votes recorded: Councilor Beck (Yes), Dean (Yes), Fisch (Yes), Fournier (Yes), Haas (Yes), Leonard (Yes), Mallard (No), Trimble (Yes), Pelletier (Yes). The motion carried 8–1 and the ordinance was declared passed.
The council did not attach an additional tenant-protection measure to the rezoning; staff noted existing nonconforming units would remain and that rezoning would bring the building into conformity for future changes. Further ordinance updates addressing larger zoning consistency were discussed as ongoing work under the comprehensive-plan rewrite.
