Historic Preservation Board

MEMBERS Historic Preservation Board Brad Miller, Chair Valerie Paquin-Gould, Vice Chair Wednesday, February 4, 2026 at 5:00 PM Hilary Bassett Room 24 (Ground Level of City Hall) and William DeSerras Zoom Michael Hutchins Kristina Sottery Rob Whitten The Historic Preservation Board invites the public to attend the meeting in person or Zoom pursuant to the Remote Meeting Policy adopted by the Historic Preservation Board. Prior to the meeting, please check the Agenda Center https://portlandme.portal.civicclerk.com to view memos and reports which will be posted by the end of the day on the Friday before the Historic Preservation Board meeting. Please note that the placement of each item on the agenda is subject to change. Please check the Agenda Center prior to the meeting for the item start time. REMOTE PARTICIPATION Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend 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 Please click the link below to join the webinar: https://portlandmaine-gov.zoom.us/j/88217096058 Phone one-tap: +13017158592,,88217096058# US (Washington DC) +13052241968,,88217096058# US Join via audio: +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +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 +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US 1 Page 1 Webinar ID: 882 1709 6058 International numbers available: https://portlandmaine-gov.zoom.us/u/kcGckqtbiv PUBLIC COMMENT INFORMATION: There will not be any public comments received for the item on the agenda this evening. AGENDA: 1. ROLL CALL AND DECLARATION OF QUORUM 2. REPORT OF ATTENDANCE AT THE MEETING HELD ON DATE i. HPBR-002814-2024 Appeal Update: Bassett, DeSerres, Hutchins, Miller, Paquin-Gould, Sottery, and Whitten present. Historic Resources Design Manual Public Review Draft Released on January 7, 2026: Bassett, DeSerres, Hutchins, Miller, Paquin-Gould, Sottery, and Whitten present. Historic Preservation Board 2025 Annual Recap: Bassett, DeSerres, Hutchins, Miller, Paquin-Gould, Sottery, and Whitten present. 3. REPORTS OF DECISIONS AT THE MEETING HELD ON DATE i. None. 4. PUBLIC HEARING i. None. 5. UNFINISHED BUSINESS i. Remand to issue findings of fact and conclusions of law for Certificate of Appropriateness for New Construction; 42 Atlantic Street; LB Atlantic LLC, Applicant. Plan Number: HPBR- 002814-2024. NO PUBLIC COMMENT WILL BE TAKEN ON THIS ITEM. 2 Page 2 STAFF MEMORANDUM HISTORIC PRESERVATION PROGRAM PLANNING AND URBAN DEVELOPMENT TO: Chair Miller and Members of the Historic Preservation Board FROM: Evan R. Schueckler, Historic Preservation Program Manager DATE: January 30, 2026 RE: 42 Atlantic Street – REMAND – New Construction PROJECT ID: HPBR-002814-2024 MEETING: February 4, 2026 Owner: Daniel Black, LB Atlantic LLC Architect: Kyle Barker, Primary Projects A sign announcing the Historic Preservation Board’s meeting on February 4, 2026 was posted at the property on January 28, 2026. 288 notices were sent to neighboring property owners within 500 feet of the subject property. _________________________________________ INTRODUCTION On November 19, 2025, the Cumberland County Superior Court remanded application HPBR- 002814-2024 to the Planning Board with instructions to remand the application to the Historic Preservation Board in order to issue findings of fact and conclusions of law adequate for judicial review. On January 27, 2026, the Portland Planning Board voted 7-0 to remand the application to the Historic Preservation Board. _________________________________________ RECORD OF HISTORIC PRESERVATION BOARD REVIEW March 6, 2024 – Historic Preservation Board Workshop: https://portlandme.portal.civicclerk.com/event/6705/files/agenda/14415 (Begins at 0:37) April 17, 2024 – Historic Preservation Board Workshop: https://portlandme.portal.civicclerk.com/event/6718/files/agenda/14678 (Begins at 0:35) May 29, 2024 – Historic Preservation Board Public Hearing: https://portlandme.portal.civicclerk.com/event/7227/files/agenda/14879 (Begins at 0:05) _________________________________________ 1 Page 3 SUBSEQUENT MEETINGS PERTAINING TO THE APPEAL July 30, 2024 – Planning Board Public Hearing: https://portlandme.portal.civicclerk.com/event/7301/overview (Begins at 3:28) (Item was tabled to August 13 Meeting) August 13, 2024 – Planning Board Public Hearing: https://portlandme.portal.civicclerk.com/event/6981/files/agenda/15102 (Begins at 0:06) January 21, 2026 – Historic Preservation Board Communication: https://portlandme.portal.civicclerk.com/event/8444/files/agenda/17305 (Begins at 0:07) January 27, 2026 – Planning Board review of Remand: https://portlandme.portal.civicclerk.com/event/8422/files/agenda/17334 (Begins at 1:01) _________________________________________ MOTION FOR CONSIDERATION I move to adopt the attached findings of fact [as written][as amended during the meeting on February 4, 2026] to supplement the Board’s conditional approval of application HPBR-002814- 2024 from May 29, 2024. _________________________________________ ATTACHMENTS 1. Court Order Re. Lewis v. City of Portland, NO. PORSC-AP-2024-00042 2. Corporation Counsel Communication from January 21, 2026 3. HPBR-002814-2024 Certificate of Appropriateness, June 6, 2024 4. HPBR-002814-2024 Approved Plans, June 6, 2024 5. HPBR-002814-2024 Draft Findings of Fact, January 30, 2026 6. Communication from Appellant's Attorney, January 21, 2026 7. Communication from Applicant's Attorney, January 21, 2026 2 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11  Office of Corporation Counsel Michael Goldman, Corporation Counsel Amy R. McNally, Associate Corporation Counsel Nicole M. Albert, Associate Corporation Counsel Rachel L. Millette, Associate Corporation Counsel Avery A. Novak, Associate Corporation Counsel Mary C. Christie, Associate Corporation Counsel MEMORANDUM To:​ Chair Miller and Members of the Historic Preservation Board​ ​ From: Amy McNally, Associate Corporation Counsel Date: ​ January 16, 2026 Subject: Remand Order - 42 Atlantic Street - HPBR-002814-2024​ _____________________________________________________________________________ _ On May 29, 2024, this Board approved a Certificate of Appropriateness for new construction at 42 Atlantic Street. An abutter appealed that decision to the Planning Board pursuant to Section 2.2.11 (A) of the City’s Land Use Code. The Planning Board affirmed, and the abutter thereafter appealed to Superior Court pursuant to Section 2.1.12 of the Land Use Code and Rule 80B of Maine Rules of Civil Procedure. On November 19, 2025, the Superior Court issued the attached order remanding the matter to this Board with instructions to issue “findings of fact and conclusions of law adequate for judicial review.” The City anticipates that this Board will meet on two occasions to address the Court’s remand order. The purpose of the first meeting, currently scheduled on Wednesday, January 21, 2026, will be to review the order and discuss next steps. That meeting will be a good opportunity for any board members to ask questions about the process and the Board’s responsibilities, but the Board will not engage in substantive deliberations or take any vote on the matter at that meeting. The second meeting is currently scheduled on February 4, 2026. At that meeting, we expect Board members to review the Board’s prior decision, the relevant standards and the evidence in the record and develop written findings which support the Board’s 2024 decision. Please note that the Court’s Order does not require the Board 389 Congress Street, Room 211 Portland, Maine 04101 | t: 207-874-8480 Page 12 to revisit the merits of its original decision, but instead directs the Board to expand on how and why it reached its decision to approve the Certificate of Appropriateness. In order to participate in the hearing on February 4th, it will be important for each of the available Board members to review the entire record that was before the Board when it made its decision in 2024, including the relevant portions of the video of the workshops and public hearings which are all available on the City’s website. Recordings, applicant materials, staff memos, and public comment from the relevant reviews can be found at the below links: -​ March 6, 2024, Workshop: https://portlandme.portal.civicclerk.com/event/6705/files/agenda/14415 -​ April 17, 2024, Workshop: https://portlandme.portal.civicclerk.com/event/6718/files/agenda/14678 -​ May 29, 2024, Public Hearing: https://portlandme.portal.civicclerk.com/event/7227/files/agenda/14879 I hope this is a helpful introduction to the process that lies ahead. I look forward to working with you at the upcoming meetings and answering any questions you may have. Attachments: 1.​ Court Order Re. Lewis v. City of Portland, NO. PORSC-AP-2024-00042 389 Congress Street, Room 211 Portland, Maine 04101 | t: 207-874-8480 Page 13 Planning and Urban Development Historic Preservation Program _________________________________________ June 3, 2024 Owner: Dan Black & Carl Lakari Applicant: Kyle Barker LB Atlanitc, LLC Primary Projects P.O. Box 10452 2330 Horton Street Portland, ME 04104 North Dighton, mA 02764 Re: 42 Atlantic Street – New Construction HPBR-002814-2024 Dan Black, Carl Lakari, and Kyle Barker, The Historic Preservation Board has approved your application for a Certificate of Appropriateness for new construction at 42 Atlantic Street. Approval was based on the application materials submitted for the public hearing held on May 29, 2024, and stamped for approval on June 3, 2024, except as modified by the following conditions: − Staff shall review details and/or mockups for installation of cobblestones along Gilbert Lane to ensure that the appearance after utility construction is complete is consistent with the historic appearance. All improvements shall be carried out as shown on the materials submitted for the hearing on May 29, 2024, and stamped for approval on June 3, 2024, except as to comply with the conditions above. Changes to the approved plans or specifications, and any additional work that may be undertaken must be reviewed and approved by the Historic Preservation program prior to construction, alteration, or demolition. If, during the course of completing the approved work, conditions are encountered which prevent completing the approved work, or which require additional or alternative work, you must apply for and receive a Certificate of Appropriateness or Non- Applicability PRIOR to undertaking additional or alternative work. This Certificate is granted upon condition that the work authorized herein is commenced within twelve (12) months after the original date of issuance. If the work authorized by this Certificate is not commenced within twelve (12) months after the original date of issuance or if such work is suspended in significant part for a period of one year after the time the work is commenced, such Certificate shall expire and be of no further effect; provided that, for cause, one or more extensions of time for periods not exceeding ninety (90) days each may be allowed in writing by the Department. Sincerely, Evan R. Schueckler Historic Preservation Program Manager 389 Congress Street, Portland, Maine 04101 | 207.874.8726 | hp@portlandmaine.gov Page 14  Dan Black PO Box 10452 Portland, ME 04104 (207) 831-2824 danblack@lbdevpartners.com March 25, 2024 (Revised April 1, 2024 & May 6, 2024) Re: Historic Preservation Application, Project Description V3 (new changes in Italics) Dear City of Portland Planning & Urban Development Department, The 42 Atlantic Street, Portland, ME 04101 parcel is a 0.23 acre (10,018 square feet) site on Munjoy Hill. It currently has a two- story structure on it that used to house the local American Legion chapter. It is a non-contributing property within the Munjoy Hill historic district. The proposed structure will be four stories and 23,857 square feet (with an additional 2,981 square feet of basement space). After receiving feedback at the first Public Workshop on March 6th, we’ve revised the design to simplify the massing. The building is now a rectangle in plan. Accessed via ramp or stair, the primary entrance is recessed 3 feet into the central bay of the Atlantic Street facade. To address feedback from the Board & the public we have: - Added a projecting canopy at the entrance - Rotated the entry stair to be perpendicular to the façade - Relocated the basement egress stair to minimize the presence of its door and allow for two windows at the ground floor unit on the South - Added a projecting cornice - Added projecting vertical trim to zone the façade into two distinct materials: one that references the tone of the brick at 55 Atlantic and one that references the wood clapboard at 48 Atlantic - Simplified the design of the wall enclosing the entry stairs & ramp After our second Public Workshop on April 17th, we’ve revised the design to address feedback from the Board & the public. We have: - Increased the visual weight of the cornice - Reduced the number of changes in the cladding (there are fewer “bands” now) - Changed all cladding to clapboard - Detailed the metal seaming pattern at the canopy - Developed the planting plan - Visualized the project with weathered siding (we are proposing a weathering finish to reduce the change over time) Gilbert Lane will have two additional doors: one for emergency egress, and one for bike storage access. We have added an exterior light & a vision panel to the door at the bike storage, per feedback. The building will have a total of 30 units, consisting of 14 studio apartments, 8 two-bedroom units, and 8 three-bedroom units. All will be deed restricted as affordable. The building will also have a communal laundry, tenant storage, and a common room that meets the specification of MaineHousing’s construction standards. The building will have an elevator and two stairs. Roof access will be limited to maintenance. Recent changes to the city’s land use code, in response to LD2003, allow for 2.5 times the base zoning density for affordable housing projects. This area is in the R-6 zone which allows multi-family use by right with a density of one unit for every 750 square feet of lot size—at 10,018 square feet, 42 Atlantic is permitted to have 13 units on site. The density boost allows density of up to 32 units on the site. The attached packet provides the requested material. Please let us know if you have any additional questions. Sincerely, PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION Daniel Black CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 15 42 Atlantic Street Housing Historic Preservation Public Hearing Submitted: May 6, 2024 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Owner Civil Engineer MEP-FP Engineer Public Hearing Date: 5/29/2024 LB Atlantic, LLC Acorn Engineering, Inc BLW Engineers, Inc Approved Drawings Date: 6/3/2024 Architect Structural Engineer Lighting Designer Preservation Staff: Evan Schueckler Primary Projects, PLLC Base Design Group, Inc Pieszak Lighting Design, LLC Page 16 Context 2 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 17 Feedback Public Workshop #2 3 We heard the following feedback at the first Public We heard the following feedback at the second Public Workshop on March 6th. Consider: Workshop on April 17th. Consider: - Simplifying the building form at Atlantic St / Gilbert Lane - Adding a cornice - Increasing the visual weight of the cornice - Adding horizontal or vertical banding - Reducing the number of changes in the cladding - Using two or more cladding materials - Changing all cladding to clapboard - Adding detail at the windows - Adding detail at the entry - Adding more detail to the concrete wall at the entry - Adding a projecting canopy at the entry - Detailing the metal seaming pattern at the canopy - Adding one or two windows at the southern unit on the PLANNING & URBAN DEVELOPMENT first floor, facing Atlantic Street HISTORIC PRESERVATION - Reorienting the direction of the stairs at Atlantic Street CERTIFICATE OF APPROPRIATENESS Project No: - Adding glazing at or near the door of the bike room HPBR-002814-2024 Public Hearing Date: 5/29/2024 - Fleshing out the landscape approach - Developing the planting plan Approved Drawings Date: 6/3/2024 - Visualizing the project with weathered siding Preservation Staff: Evan Schueckler - Showing abutting neighbors on analysis slide Page 18 Context Photos of Existing Non-Contributing Property 4 Looking up Atlantic Looking down Atlantic PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler From Gilbert From Rear Parking Page 19 Context Neighborhood Analysis 5 Common Attributes: 1. Street-Facing Porches 2. Vertically Oriented, Stacked Windows 3. Painted Wood Siding 4. Vertical Proportion (Building) PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Houses of Atlantic Street Page 20 Current Proposal Site Plan (from Acorn) 7 DRAWING NAME: PROJECT NAME: CLIENT: N R ENGINEERING, INC. O C A PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 C-10 Preservation Staff: Evan Schueckler Page 21 Current Proposal Landscape Plan (from Acorn) 9 /C OHE / T UGE /C OHE / T UGE /C UGE OHE / T UGE TREES /C OHE / T OHE / T / C Wt Wt Wt Wt Wt Wt Wt RAgl RAgl RAgl Vib Vib Vib RAgl RAgl Wt Wt RAgl RAgl Am Am Am Wt RAgl RAgl RAgl Am Am Wt Wt Wt Am Am OHT / C HERBACEOUS PERENNIALS/ SHRUBS Wt Wt AR > > > > > > > > > > AU > > > > > > > > > > > > > > > > > > > > > > > > > Ad UGE > Am Ad Ad Ad FD FD FD FD FD FD FD FD FD Ad Wt Ad Ad Ad Ad Wt Ad Ad Ad AdWt FD Wt CP Ad Ad Ad Ad Wt RAgl Ad RAgl OHT / C > Wt dc Ad RAgl Wt JH CP FD FD CP Wt Vib CP UGE CP dc jc CP CP > dc RAgl CP dc CP Vib dc JH CP js CP dc FD FD dc CP dc CP CP Vib CP dc dc dc dc MP CP > dc dc CP dc dc UGE dc CP Vib OHT / C CP CP CP FD FD MP dc Wt RAgl CP Wt Wt RAgl Wt MP CP > Wt st CP Wt ss CP jc ss RAgl ss UGE ss CP FD FD ss ss ss CP ss Vib CP > MP ss ss ss CP RAgl ss OHT / C Wt CP ss MP FD FD ss CP ss ss Yf CP RAgl> ss UGE DRAWING NAME: Wt PROJECT NAME: CP FD FD RAgl Wt SEEDING CP RAgl FD FD FD FD Wt CP FD FD ss CP RAgl CLIENT: > FD FD FD ss CP CP Vib CP ss CP dc dc CP ss dc CP dc dc OHT / C CP ss Vib FD FD dc CP dc CP > AU CP dc AU dc CP dc AU Vib CP CP dc JH CP dc 6''W CP dc CP dc FD FD > RAgl 2''W CP MATERIALS SCHEDULE CP CP CP RAgl FD FD 6''W CP > jc CP ss ss ss ss CP RAgl ss ss ss jc JH 2''W UGT/C ss CP ss ss OHT / C CP ss Wt FD FD RAgl CP > ss ss ss ss ss ss Wt CP ss ss js js CP ss ss Wt CP Vib dc dc CP CP js dc CP dc dc Wt CP dc dc dc > FD FD CP Wt Vib 6''W CP dc CP dc dc dc dc dc CP dc dc dc dc JH js CP CP dc AU 2''W UGT/C CP RAgl dc AU JH OHT / C >CP ss FD FD ss dc CP dc CP ss ss dc CP dc ss CP CP RAgl ss ss ss ss ss ss dc AU jc AU ss ss AU Yf FD FD FD FD FD FD FD FD FD FD jc jc JH ss ss ss ss ss ss Yf ss ss ss ss ss Yf ss ss ss Yf ss ss DN ss Yf Yf JH UGT/C ss ss JH OHT / C dc dc ss ss ss st ss ss ss ss st st st st st AU dc dc dc dc AU ss st st st st st st st st ss ss ss st st st st st S > S Wt Wt Wt Wt Wt AR AR AR AR > AR AR AR AR OHE / T / C OHE / T / C OHE / T / C OHE / T / C OHE / T / C Wt Wt Wt OHE / T / C AR AR AR AR OHT / C OHT / C OHE / T / CAR AR AR AR Wt Wt 6''W OH > T/ C S /C A C O R N PLANNING & URBAN DEVELOPMENT HT GAS GAS > GAS OH T/ S GAS GAS GAS GAS O GAS GAS GAS HISTORIC PRESERVATION C 6''W /C S S S S S S S S S S S HT S S S S S S S S S OH O T/ C 6''W 6''W 6''W 6''W 6''W 6''W 6''W /C 6''W 6''W 6''W 6''W CERTIFICATE OF APPROPRIATENESS Project No: OH T/ HT C O OHT / C OHT / C OHT / C OHT / C OHT / C OHT / C OHT / C OHT / C OHT / C HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 L-01 Preservation Staff: Evan Schueckler Page 22 Current Proposal Floor 1 FLOOR AREA: 3144 SF THE CONTRACTOR IS RESPONSIBLE FOR 12 MATERIALS, DETAILS & ACCURACY, FOR ALL QUANTITIES & DIMENSIONS, FOR SELECTING FABRICATION PROCESSES, FOR TECHNIQUES OF ASSEMBLY, FOR PERFORMING WORK IN A BASEMENT PLAN SAFE MANNER, AND FOR COORDINATING 1 WORK WITH THAT OF ALL TRADES. 1/8" = 1'-0" THIS DRAWING AND THE DESIGN SHOWN ARE THE PROPERTY OF PRIMARY PROJECTS, PLLC. THE REPRODUCTION, COPYING, OR OTHER USE OF THIS DRAWING WITHOUT THEIR WRITTEN CONSENT IS PROHIBITED & ANY INFRINGEMENT WILL BE SUBJECT TO LEGAL ACTION. FINISH INDEX DRAWING SYMBOLS LEGEND PLAN NOTES SCALE DATE 1. ALL DIMENSIONS ARE TO FACE OF FINISH As indicated 01/19/24 SEE A-600 FOR FULL DETAIL 1 Elevation Callout Door Tag 20 RISERS @ 7" Stair Tag KEY DESCRIPTION 1 A-101 1 Sheet # in center 100 See schedule for specs CON-01 Concrete 1 Drawing # in triangle SHEET TITLE PF-01 Parged Finish Window Tag Finish Tag 1.01 WM-01 WS-01 Wood Siding 1 . Section Callout See schedule for specs See schedule for specs BASEMENT & FIRST FLOOR PLANS Drawing # 8 1/2" / 1'-0" Slope Tag A-101 Wall Tag Sheet # 1A See schedule for specs Arrow points downward . Detail Callout 1 Revision Tag 2x6 Stud Wall Drawing # A-501 Sheet # 01 See title block for date See schedule for specs Plotted On 1/25/2024 6:05:14 PM SHEET # A-101 Datum or Elevation Product Tag L-01 From t.o. subfloor See schedule for specs NAME 10 Room Tag Area to inside of walls 150 SF UP Studio Gilbert Lane 2-Bed Unit DN 3-Bed Unit UP Circulation Resident Amenity PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION DN CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler LEVEL 1 PLAN BASEMENT PLAN 2 1 1/8" = 1'-0" Page Street Atlantic 23 1/8" = 1'-0" Current Proposal Floors 2–4 FLOOR AREA: 3144 SF THE CONTRACTOR IS RESPONSIBLE FOR 14 MATERIALS, DETAILS & ACCURACY, FOR ALL QUANTITIES & DIMENSIONS, FOR SELECTING FABRICATION PROCESSES, FOR TECHNIQUES OF ASSEMBLY, FOR PERFORMING WORK IN A BASEMENT PLAN SAFE MANNER, AND FOR COORDINATING 1 WORK WITH THAT OF ALL TRADES. 1/8" = 1'-0" THIS DRAWING AND THE DESIGN SHOWN ARE THE PROPERTY OF PRIMARY PROJECTS, PLLC. THE REPRODUCTION, COPYING, OR OTHER USE OF THIS DRAWING WITHOUT THEIR WRITTEN CONSENT IS PROHIBITED & ANY INFRINGEMENT WILL BE SUBJECT TO LEGAL ACTION. FINISH INDEX DRAWING SYMBOLS LEGEND PLAN NOTES SCALE DATE 1. ALL DIMENSIONS ARE TO FACE OF FINISH As indicated 01/19/24 SEE A-600 FOR FULL DETAIL 1 Elevation Callout Door Tag 20 RISERS @ 7" Stair Tag KEY DESCRIPTION 1 A-101 1 Sheet # in center 100 See schedule for specs CON-01 Concrete 1 Drawing # in triangle SHEET TITLE PF-01 Parged Finish Window Tag Finish Tag 1.01 WM-01 WS-01 Wood Siding 1 . Section Callout See schedule for specs See schedule for specs BASEMENT & FIRST FLOOR PLANS Drawing # 8 1/2" / 1'-0" Slope Tag A-101 Wall Tag Sheet # 1A See schedule for specs Arrow points downward . Detail Callout 1 Revision Tag 2x6 Stud Wall Drawing # A-501 Sheet # 01 See title block for date See schedule for specs Plotted On 1/25/2024 6:05:14 PM SHEET # A-101 Datum or Elevation Product Tag L-01 From t.o. subfloor See schedule for specs NAME 10 Room Tag Area to inside of walls 150 SF DN UP Studio Gilbert Lane 2-Bed Unit DN 3-Bed Unit UP Circulation Resident Amenity PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler LEVEL 3 PLAN LEVEL 2 PLAN 2 1 1/8" = 1'-0" Page Street Atlantic 24 1/8" = 1'-0"  Current Proposal Basement FLOOR AREA: 3144 SF THE CONTRACTOR IS RESPONSIBLE FOR 16 MATERIALS, DETAILS & ACCURACY, FOR ALL QUANTITIES & DIMENSIONS, FOR SELECTING FABRICATION PROCESSES, FOR TECHNIQUES OF ASSEMBLY, FOR PERFORMING WORK IN A BASEMENT PLAN SAFE MANNER, AND FOR COORDINATING 1 WORK WITH THAT OF ALL TRADES. 1/8" = 1'-0" THIS DRAWING AND THE DESIGN SHOWN ARE THE PROPERTY OF PRIMARY PROJECTS, PLLC. THE REPRODUCTION, COPYING, OR OTHER USE OF THIS DRAWING WITHOUT THEIR WRITTEN CONSENT IS PROHIBITED & ARCHITECT ANY INFRINGEMENT WILL BE SUBJECT TO PRIMARY PROJECTS, PLLC LEGAL ACTION. 2330 HORTON STREET NORTH DIGHTON, MA 02764 - KYLE BARKER, AIA (ME LICENSE: ARC5339) SCALE DATE KYLE@PRIMARYPROJECTS.ORG FINISH INDEX DRAWING SYMBOLS LEGEND PLAN NOTES 617 440 4674 1. ALL DIMENSIONS ARE TO FACE OF FINISH As indicated 01/19/24 SEE A-600 FOR FULL DETAIL 1 Elevation Callout Door Tag 20 RISERS @ 7" Stair Tag KEY DESCRIPTION 1 A-101 1 Sheet # in center 100 See schedule for specs CON-01 Concrete 1 Drawing # in triangle SHEET TITLE PF-01 Parged Finish Window Tag Finish Tag 1.01 WM-01 WS-01 Wood Siding 1 . Section Callout See schedule for specs See schedule for specs BASEMENT & FIRST FLOOR 42 ATLANTIC PLANS Drawing # Slope Tag STREET HOUSING A-101 Wall Tag 8 1/2" / 1'-0" Sheet # 1A See schedule for specs Arrow points downward . Detail Callout 1 Revision Tag 2x6 Stud Wall Drawing # A-501 01 See schedule for specs Sheet # See title block for date PROJECT # Plotted On 1/25/2024 6:05:14 PM SHEET # 2309 A-101 Datum or Elevation Product Tag L-01 From t.o. subfloor See schedule for specs NAME PROJECT ADDRESS Room Tag 10 Area to inside of walls 42 ATLANTIC ST 150 SF PORTLAND, ME 04101 PARCEL ID: 016 F001001 OWNER LB ATLANTIC LLC P.O. BOX 10452 PORTLAND, ME 04104 UP CIVIL ENGINEER ACORN ENGINEERING, INC. PO BOX 3372 Studio PORTLAND, ME 04104 STRUCTURAL ENGINEER BASE DESIGN GROUP, INC. 2-Bed Unit 117 AUBURN STREET, 2ND FLOOR PORTLAND, ME 04103 MEP-FP ENGINEER BLW ENGINEERS, INC 3-Bed Unit UP 311 GREAT ROAD, PO BOX 1551 LITTLETON, MA 01460 Circulation DATE ISSUANCE Resident Amenity PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION DN CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 THE CONTRACTOR IS RESPONSIBLE FOR Approved Drawings Date: MATERIALS, DETAILS & ACCURACY, FOR ALL QUANTITIES & DIMENSIONS, FOR SELECTING 6/3/2024 FABRICATION PROCESSES, FOR TECHNIQUES OF ASSEMBLY, FOR PERFORMING WORK IN A Preservation Staff: Evan Schueckler BASEMENT PLAN SAFE MANNER, AND FOR COORDINATING 1 Page 25 WORK WITH THAT OF ALL TRADES. 1/8" = 1'-0" THIS DRAWING AND THE DESIGN SHOWN ARE THE PROPERTY OF PRIMARY PROJECTS, PLLC. THE REPRODUCTION, COPYING, OR OTHER USE OF THIS DRAWING WITHOUT  CIVIL ENGINEER Current Proposal East Elevation, Facing Atlantic Street ACORN ENGINEERING, INC. PO BOX 3372 18 PORTLAND, ME 04104 ELEVATION - WEST STRUCTURAL ENGINEER 3 BASE DESIGN GROUP, INC. 1/8" = 1'-0" 117 AUBURN STREET, 2ND FLOOR PORTLAND, ME 04103 MEP-FP ENGINEER BLW ENGINEERS, INC 311 GREAT ROAD, PO BOX 1551 LITTLETON, MA 01460 MECHANICAL EQUIPMENT, BEYOND THICK-BOARD CORNICE T.O. PARAPET 165'-2 7/8" DATE ISSUANCE WINDOW, EXTERIOR FINISH GRAY (UPVC OR ALUMINUM-CLAD) PROJECTING VERTICAL TRIM LEVEL 4 - T.O. FF 154'-6" WS-01 WS-02 LEVEL 3 - T.O. FF 145'-0" PROJECTING CANOPY ADDRESS LEVEL 2 - T.O. FF GS-01 SURFACE-MOUNTED 135'-6" LIGHTING WS-03 GS-01 PLANNING & URBAN DEVELOPMENT PT-01 HISTORIC LEVEL 1 - T.O. FF PRESERVATION CON-01 126'-0" CERTIFICATE OF APPROPRIATENESS WALL AT RAMP Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 THE CONTRACTOR IS RESPONSIBLE FOR MATERIALS, Approved Drawings Date:DETAILS & ACCURACY, FOR AL QUANTITIES & DIMENSIONS, FOR SELECTIN 6/3/2024 FABRICATION PROCESSES, FOR TECHNIQU PreservationOF Staff: Evan Schueckler ASSEMBLY, FOR PERFORMING WORK IN Page 26 SAFE MANNER, AND FOR COORDINATING WORK WITH THAT OF ALL TRADES. Current Proposal North Elevation, Facing Gilbert Lane 20 ELEVATION - SOUTH 4 1/8" = 1'-0" T.O. PARAPET 165'-2 7/8" LEVEL 4 - T.O. FF 154'-6" LEVEL 3 - T.O. FF 145'-0" LEVEL 2 - T.O. FF 135'-6" PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION LEVEL 1 - T.O. FF CERTIFICATE OF126'-0" APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 27 Current Proposal West Elevation 22 NOT FOR CONSTRUCTION T.O. PARAPET 165'-2 7/8" LEVEL 4 - T.O. FF 154'-6" ARCHITECT PRIMARY PROJECTS, PLLC 2330 HORTON STREET NORTH DIGHTON, MA 02764 LEVEL 3 - T.O. FF - 145'-0" KYLE BARKER, AIA (ME LICENSE: ARC5339) KYLE@PRIMARYPROJECTS.ORG 617 440 4674 LEVEL 2 - T.O. FF 135'-6" 42 ATLANTIC STREET HOUSING PLANNING PROJECT # & URBAN DEVELOPMENT 2309 HISTORIC PRESERVATION LEVEL 1 - T.O. FF PROJECT ADDRESS 126'-0" 42 ATLANTIC ST CERTIFICATE OF APPROPRIATENESS PORTLAND, ME 04101 Project No: PARCEL ID: 016 F001001 HPBR-002814-2024 Public Hearing OWNER Date: 5/29/2024 LB ATLANTIC LLC ApprovedP.O. Drawings Date: BOX 10452 PORTLAND, ME 04104 6/3/2024 Preservation Staff: Evan Schueckler CIVIL ENGINEER Page 28 ACORN ENGINEERING, INC. PO BOX 3372 Current Proposal South Elevation 24 T.O. PARAPET 165'-2 7/8" LEVEL 4 - T.O. FF 154'-6" LEVEL 3 - T.O. FF 145'-0" LEVEL 2 - T.O. FF 135'-6" PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION LEVEL 1 - T.O. FF 126'-0" CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 29 Current Proposal View Down Atlantic 26 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 30 Current Proposal View Up Atlantic 28 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 31 Current Proposal From Gilbert Lane 30 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 32 Current Proposal View From Atlantic 32 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 33 Current Proposal View At Entry 34 PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 34 Current Proposal Materials 35 Painted Clapboard Natural Clapboard Metal Fascia Primary Cladding Accent Cladding Awning Surround - Clapboard - Clapboard - Seaming as Shown - 4.5” Exposed Face - 4.5” Exposed Face - Galvalume - Quartersawn Pine - Quartersawn Pine - Warm Gray - Rusty Neutral Paint - Clear Finish Powdercoat (to match window & hardware finish) PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 35 Current Proposal Windows & Doors 36 Current Proposal: Finish Charcoal Gray uPVC (Lighter than shown in images) Operation Windows: Picture & Tilt-Turn Doors: Swinging Features Triple-Glazed PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: 5/29/2024 Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Shuco 82 Living MD Windows & Doors Page 36  Current Proposal Window Head & Sill Details 37 GALVALUME TRIM AT JUNCTIONS; SEE MFGR 5 1/2" SPECS (WESTERN LINE OF VERTICAL FIN BEYOND STATES METAL ROOFING, OR EQ) 2 3/4" FLASH AT FRAME HEAD 4" 5 1/2" INTERIOR EXTERIOR GALVALUME PANELS, POWDERCOATED GRAY; FASTENED TO 9 3/8" SHEATHING T.O. PAINTED GWB INTERIOR SILL THE CONTRACTOR IS RESPONSIBLE F 2'-0" MATERIALS, DETAILS & ACCURACY, FO 1X8" SHIPLAP PINE SHIM SILL WITH 2X10 TO ALLOW FOR MOVEMENT QUANTITIES & DIMENSIONS, FOR SELE WITH NATURAL FINISH FABRICATION PROCESSES, FOR TECH 5" 2" X 6" SOLID WOOD FRAME TO MATCH PAINTED SIDING; OF ASSEMBLY, FOR PERFORMING WO PITCH AT HEAD & SILL; SILL TO BE 1/2" SHALLOWER SAFE MANNER, AND FOR COORDINATI 9 3/8" THAN HEAD WORK WITH THAT OF ALL TRADES. 3/4" GAP PER MFGR'S REC; SHIMED AND FILLED WITH SHEEP'S WOOL; FLASHED FROM BACKDAM TO 2 1/4" BEYOND DWB THIS DRAWINGPLANNING AND& URBAN THEDEVELOPMENT DESIGN SHO 1/4" THE PROPERTY OFHISTORIC PRIMARY PROJEC GALVALUME DRIP EDGE PRESERVATION AT; SEE MFGR SPECS T.O. ROUGH OPENING PLLC. THE REPRODUCTION, COPYING 1 1/8" (WESTERN STATES OTHER USE OFOF CERTIFICATE THIS DRAWING WITHO APPROPRIATENESS Project No: METAL ROOFING, OR EQ) THEIR HPBR-002814-2024 WRITTEN CONSENT IS PROHIBI SECTION DETAIL - WINDOW HEAD & SILL ANY Public Hearing INFRINGEMENT Date: WILL BE SUBJECT 1 5/29/2024 LEGALApproved ACTION. 1 1/2" = 1'-0" 6/3/2024 Drawings Date: Preservation Staff: Evan Schueckler Page 37  Current Proposal Canopy Detail 38 GALVALUME TRIM AT 2'-0" JUNCTIONS; SEE MFGR SPECS (WESTERN STATES METAL ROOFING, OR EQ) AL COPING AT 4" D BACK FOR DRAINAGE T RS-400 RAFT-A-VENT OR & SCREENING (BLACK) INTERIOR GALVALUME PANELS, POWDERCOATED GRAY; FASTENED TO D CORNICE; MITERED AT 9 3/8" SHEATHING ED TO MATCH PAINTED SIDING N CORNICE & 2'-0" VENTILATION T 16" O.C., FOR VENTILATION 1X8" SHIPLAP PINE WITH NATURAL FINISH N" BOARD, BEYOND 4-1/2" EXPOSED FACE 9 3/8" ANT BARRIER (RED) PLANNING & URBAN DEVELOPMENT 1/4" HISTORIC GALVALUME DRIP EDGE PRESERVATION AT; SEE MFGR SPECS CERTIFICATE OF APPROPRIATENESS 1 1/8" (WESTERN STATES Project No: METAL ROOFING, OR EQ) HPBR-002814-2024 SECTION DETAIL - ENTRY CANOPY SECTION DETAIL - W Public Hearing Date: 2 1 5/29/2024 1 1/2" = 1'-0" 1 1/2" = 1'-0" Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 38 Current Proposal Cornice Detail 39 GALVANIZED METAL COPING AT PARAPET; PITCHED BACK FOR DRAINAGE 1" TALL CORAVENT RS-400 RAFT-A-VENT OR EQ FOR VENTING & SCREENING (BLACK) 1" 3 1/2" 4" x 4" SOLID WOOD CORNICE; MITERED AT CORNERS; FINISHED TO MATCH PAINTED SIDING 1/4" GAP BETWEEN CORNICE & CLAPBOARD, FOR VENTILATION 1/4" GAP BETWEEN CLAPBOARD & VERTICAL FIN, FOR VENTILATION 2" x 2" BATTENS AT 16" O.C., FOR VENTILATION VERTICAL 2" x 6" FIN" BOARD, BEYOND SOLID WOOD VERTICAL FIN, PART OF WINDOW SURROUND; SEE ELEV FOR CLAPBOARD WITH 4-1/2" EXPOSED FACE LOCATIONS WEATHER RESISTANT BARRIER (RED) SOLID WOOD SILL, BEYOND OVER SHEATHING PLANNING & URBAN DEVELOPMENT SOLID WOOD FRAME AT TYPICAL HISTORIC WINDOW SURROUND PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 Public Hearing Date: SECTION DETAIL - CORNICE 5/29/2024SECTION DETAIL - 3 2 Approved Drawings Date: 1 1/2" = 1'-0" 6/3/2024 1 1/2" = 1'-0" Preservation Staff: Evan Schueckler Page 39  Current Proposal Window Jamb Detail 40 INTERIOR 5" - 5 1/2" 1/4" GAP BETWEEN CLAPBOARD & /4" GAP BETWEEN CLAPBOARD & VERTICAL FIN, FOR VENTILATION ERTICAL FIN, FOR VENTILATION 5" 6 3/8" PITCHED IN ELEV SOLID WOOD VERTICAL FIN, PART OF OLID WOOD VERTICAL FIN, PART OF WINDOW SURROUND; SEE ELEV FOR WINDOW SURROUND; SEE ELEV FOR LOCATIONS OCATIONS 1 1/2" 1 1/2" EXTERIOR SOLID WOOD SILL, BEYOND SOLID WOOD FRAME AT TYPICAL PLANNING & URBAN DEVELOPMENT WINDOW SURROUND HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 PLAN DETAIL - WINDOW SECTION DETAIL - Public Hearing Date: 4 3 5/29/2024 1 1/2" = 1'-0" 1 1/2" = 1'-0" Approved Drawings Date: 6/3/2024 Preservation Staff: Evan Schueckler Page 40 Current Proposal Vertical Fin Detail 41 INTERIOR INTERIOR 5" - 5 1/2" 1/4" GAP BETWEEN CLAPBOARD & VERTICAL FIN, FOR VENTILATION PITCHED IN ELEV 5 1/2" EXTERIOR 3 5/8" SOLID WOOD VERTICAL FIN, PART OF WINDOW SURROUND; SEE ELEV FOR LOCATIONS 1 1/2" 1 1/2" EXTERIOR PLANNING & URBAN DEVELOPMENT HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS Project No: HPBR-002814-2024 PLAN DETAIL - VERTICAL FIN Public Hearing Date: PLAN DETAIL - 5 5/29/2024 4 1 1/2" = 1'-0" Approved Drawings Date: 6/3/2024 1 1/2" = 1'-0" Preservation Staff: Evan Schueckler Page 41 CITY OF PORTLAND HISTORIC PRESERVATION BOARD NOTICE OF DECISION PROPERTY OWNER: Daniel Black, LB Atlantic LLC (“Applicant”) PROPERTY LOCATION: 42 Atlantic Street (“Property”) PROJECT ID: HPBR-002814-2024 HISTORIC DESIGNATION(S): Munjoy Hill Historic District ___________________________________ FINDINGS OF FACT & CONCLUSIONS OF LAW 1. On February 8, 2024, the Applicant applied for a Certificate of Appropriateness for new construction at the Property. 2. Pursuant to section 17.7 of the City of Portland Land Use Code in effect at the time of the application (“Land Use Code”), the application required review and approval by the Historic Preservation Board (“Board”) against the standards for review of subsection 17.8.3 (“Standards”). 3. Subsection 17.8.1 of the Land Use Code incorporates by reference the Historic Resources Design Manual, which provides additional guidance to this Board. Specifically, when discerning the “compatibility” of the proposed project, the Design Manual provides the following guidance: “Broadly stated, compatibility refers to the recognition of patterns and characteristics which exist in a given setting, and a responsiveness in new design or renovation which respects these established patterns and characteristics. Although similarity of design is one way or achieving compatibility in a historic context, a creative and distinctly contemporary design response is both permitted and encouraged. The modem designer is allowed the freedom of individual expression - within parameters established by the new building's context.” (Page 151) And “A new building in a historic district or adjacent to an individual landmark need not follow the pattern set by its neighbors in each and every category of compatibility. It should, however, relate to a number of them. Each infill project will have a unique context of surrounding structures and sites with some strong, unifying characteristics and some that are more subtle and less obvious. There will usually 1 Page 42  be one or more definite and easily discernable traits, such as a uniform scale and rhythm of window openings, consistent roof shapes, or a uniform cornice line, that should serve as a basis for a design solution.” (Page 152) 4. The Board held two public workshops on March 6, 2024 and April 17, 2024. 5. On May 29, 2024 the Board held a Public Hearing and voted 5 to 1 (Whitten opposed, and Miller recused) to conditionally approve the application for new construction at the property under HPBR-002814-2024. 6. During the workshops and public hearing, the Board heard testimony from the applicant and their architect Kyle Barker of Primary Projects, received memoranda from Historic Preservation staff (“Staff”), and accepted public comment on the project. 7. On June 30, 2024, Joe Lewis (“Appellant”), who provided public comment in opposition to the project during the Board’s review, submitted an appeal of the Historic Preservation Board’s approval to the Planning Board, pursuant to Section 2.2.10 (A) of the Land Use Code. 8. On August 13, 2024, the Portland Planning Board reviewed the appeal during a Public Hearing and voted 5 to 1 (Silk opposed, and Chann Absent) to deny the appeal. 9. The Appellant appealed to the Cumberland County Superior Court pursuant to Section 2.1.12 of the Land Use Code and Rule 80B of Maine’s Rules of Civil Procedure. 10. On November 19, 2025, the Superior Court remanded the application to the Planning Board to remand to this Board with instructions to issue findings of fact and conclusions of law adequate for judicial review. 11. On January 27, 2026, the Planning Board voted 7 to 0 to remand the application to the Board. 12. On February 4, 2026, the Board held a public meeting to prepare findings of fact and conclusions of law consistent with the court order. 13. Based on the written materials, oral testimony, staff memoranda, and public comment received during the workshops held on March 6, 2024 and April 17, 2024, and the public hearing held on May 29, 2024, the Board finds as follows: 2 Page 43 Standard A. Scale and Form - Subsection 17.8.3 (A) 1. Height The proposed height shall be visually compatible with surrounding structures when viewed from any street or open space and in compliance with any design guidelines. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that Atlantic Street is lined with a variety of structures ranging from one-and-a-half- to three-and-a-half-stories in height. Additionally, the Board notes that staff provided a memo including a summary of the historic context that indicates that three-and-a-half- and four-story buildings are present in the broader Yes context of the Munjoy Hill Historic District. The Board further finds that the proposed four-story height is not significantly taller than is typical of the context, fits within the various height profiles of surrounding structures, and is therefore visually compatible with surrounding structures. Thus, the Board finds this standard has been met. 2. Width The width of a building shall be visually compatible with surrounding structures when viewed from any street or open space and in compliance with any design guidelines. Standard Met? Board Findings The applicant provided site plans and elevation drawings that show the width of the proposed structure and the widths of its constituent design elements. The Board acknowledges that the overall width of the proposed structure is greater than some of the neighboring structures as demonstrated in the applicant’s context analysis; however, the Board finds that the design of the façade uses changes in materials and trim details to visually break-down the Yes width of the building to be more consistent with the widths typically found among surrounding structures along Atlantic Street. The Board further finds that the components of the building’s façades are comparable to the widths of nearby structures, which make the wider facade compatible with the surrounding structures. Therefore, the Board finds this condition has been met. 3 Page 44 3. Proportion of principal facades The relationship of the width to the height of the principal elevations shall be visually compatible with structures, public ways, and open spaces to which it is visually related. Standard Met? Board Findings The applicant provided elevation drawings showing the proportions of the proposed principal elevations along Atlantic Street and Gilbert Lane. The Board acknowledges that the overall façades are proposed to have horizontal proportions, with their widths being greater than their heights; however, the Board finds that changes in material and the use of applied details interrupt the horizontality of those elevations and produce sections of façade that are Yes vertically proportioned. Additionally, the Board further finds that the applicant’s context analysis shows that vertical proportions predominate along Atlantic Street, with some more horizontally proportioned buildings interspersed. The Board therefore finds that the vertically-proportioned components of the building’s primary facades make it visually compatible with surrounding structures. The Board finds this condition has been met. 4. Roof shapes The roof shape of a structure shall be visually compatible with the structures to which it is visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that Atlantic Street is lined with a variety of roof forms, with flat roofs being common. Additionally, the Board notes that staff provided a memo including a summary Yes of the historic context that indicates that flat roofs are typical of the Munjoy Hill Historic District. The Board therefore finds that the proposed structure, which will have a flat roof, is visually compatible with surrounding structures. The Board finds this condition has been met. 4 Page 45 5. Scale of a structure The size and mass of structures in relation to open spaces, windows, door openings, porches, and balconies shall be visually compatible with the structures, public ways, and places to which they are visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates the typical dimensional relationship between overall structure and their constituent windows, doors, porches, and open spaces along Atlantic Street, namely, that windows typically fill the majority of the height of each floor level and that porches typically only occupy a small portion of building widths. Additionally, the Board finds that the applicant provided elevation drawings showing the Yes dimensional relationship between the overall structure and its constituent windows, doors, porches, and open spaces. The Board further finds that the proposed structure would have windows that similarly fill the majority of the height of each floor, and that the primary entrance porch occupies only a small portion of the building width. Therefore, the Board finds that the scale of the proposed building, in relation to its constituent elements, is visually compatible with surrounding structures. The Board finds this standard has been met. 6. Applicability to Congress Street Historic District In the Congress Street Historic District, for new construction within the B3 zone, the Historic Preservation Board shall not impose conditions more restrictive than the dimensional requirements of the B-3 zone. Standard Met? Board Findings The Board finds that this standard is not applicable to the proposed scope of Not Applicable work because the Property is not located within the Congress Street Historic District. 7. Applicability to India Street Historic District For new construction within the India Street Historic District, the Historic Preservation Board shall not impose conditions more restrictive than the dimensional requirements of the IS-FBC zone, except for in the case of a building addition which proposes to change the height of a contributing historic structure. Standard Met? Board Findings The Board finds that this standard is not applicable to the proposed scope of Not Applicable work because the Property is not located within the India Street Historic District. 5 Page 46 8. Applicability to the Portland Company Historic District For new construction within the Portland Company Historic District, the height requirements of the B-6 zone as shown on the B6 Building Height Overlay & Building Envelopes map shall be controlling and the historic preservation board shall not impose conditions more restrictive than the building height requirements of the B-6 zone. Standard Met? Board Findings The Board finds that this standard is not applicable to the proposed scope of Not Applicable work because the Property is not located within the Portland Company Historic District. Standard B. Composition of Principle Facades - Subsection 17.8.3 (B) 1. Proportion of openings The relationship of the width to height of windows and doors shall be visually compatible with structures, public ways, and places to which the building is visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the properties along Atlantic Street predominantly feature windows with heights greater than their widths, though a number of buildings also feature windows or groupings of windows with heights and widths that are close to equal. Yes Additionally, the Board finds that the applicant provided elevation drawings which show that the building will feature a mixture of vertically proportioned and more squarely proportioned windows. Therefore, the Board finds that the proposed window proportions are visually compatible with surrounding structures and that this standard for review has been met. 2. Rhythm of solids to voids in facades The relationship of solids to voids in the façade of a structure shall be visually compatible with structures, public ways, and places to which it is visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the properties along Atlantic Street generally feature a higher ratio of solid wall to void and that voids, such as windows and doors, are typically stacked and arranged regularly across building facades. Additionally, the Board finds that Yes the applicant provided elevation drawings which show that the proposed building facades are primarily solid with windows and doors stacked and arranged regularly. Therefore, the Board finds that the proposed rhythm of solids and voids is visually compatible with surrounding structures. Thus, the Board finds this standard has been met. 6 Page 47 3. Rhythm of entrance porch and other projections The relationship of entrances and other projections to sidewalks shall be visually compatible with the structures, public ways, and places to which they are visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that many properties along Atlantic Street generally feature a single entry with a narrow porch and steps projecting towards the street. Additionally, the Board finds that the applicant provided plans and elevation drawings showing that the Yes proposed structure would feature a single central entry with a projecting canopy and raised landing at the top of street-facing stairs, and an accessible ramp. Therefore, the Board finds that the proposed rhythm of entrances is visually compatible with surrounding structures and meets this standard. Thus, the Board finds this standard has been met. 4. Relationship of materials The relationship of the color and texture of materials (other than paint color) of the facade shall be visually compatible with the predominant materials used in the structures to which they are visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the majority of properties along Atlantic Street are clad in horizontal clapboard siding, historically wood. Additionally, the Board finds that the applicant provided elevation drawings and material details showing that the structure will be clad Yes in wood horizontal clapboard siding with a similar reveal to those found on nearby historic buildings (4.5”). Therefore, the Board finds that the proposed primary cladding material is visually compatible with surrounding structures and meets this standard. 5. Signs Any new sign, and any change in the appearance of an existing sign located on a landmark, within a historic district, or within an historic landscape district, which is readily visible from any street or open space shall not be incongruous to the historic character of the landmark or district and shall comply with the criteria and guidelines specified in the Historic Resources Design Manual. Standard Met? Board Findings The Board finds that this standard is not applicable to the proposed scope of Not Applicable work because no signs are proposed as part of this project. 7 Page 48 Standard C. Relationship to Street Subsection 17.8.3 (C) 1. Walls of continuity Facades and site structures, such as masonry walls, fences, and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the structures, public ways, and places to which such elements are visually related. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the majority of properties along Atlantic Street are located close to the street, generally with facades aligned, and with spaces between each structure in the form of narrow side yards or driveways creating a consistent but diffuse street wall. Yes Additionally, the Board finds that the proposed structure will be situated close to the street, while maintaining a narrow side yard to the south and a setback from Gilbert Lane. Therefore, the Board finds that the proposed structure will maintain the diffuse street wall along Atlantic Street and remain visually compatible with surrounding structures, meeting this standard. 2. Rhythm of spacing and structures on streets The relationship of a structure or object to the open space between it and adjoining structures or objects shall be visually compatible with the structures, objects, public ways, and places to which it is visually related Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the majority of properties along Atlantic Street maintain spaces between each structure in the form of narrow side yards or driveways, creating a repeating pattern of building and space, with the width of the structures and spaces varying. Additionally, the Board finds that the applicant has provided site plans showing that the structure will maintain a narrow side yard to the south, and a setback from Gilbert Lane. The Board acknowledges that the overall width of the Yes proposed structure is greater than some of the neighboring structures as demonstrated in the applicant’s context analysis; however, the Board finds that the design of the façade uses changes in materials and trim details to visually break-down the width of the building to be more consistent with the widths typically found along Atlantic Street. Therefore, the Board finds that the proposed structure will maintain the rhythm of structures and spacing along Atlantic Street and is visually compatible with surrounding structures; thus meeting this standard. 8 Page 49 3. Directional expression of principal elevation A structure shall be visually compatible with the structures, public ways, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that the majority of properties along Atlantic Street feature vertically proportioned primary facades which are countered by horizontal siding, and prominent horizontal cornices on flat-roofed structures. Additionally, the Board finds that the applicant has provided elevation drawings that show the proposed structure Yes will have a horizontal massing that is broken up by changes in material to create vertical masses. Further, the Board finds that the proposed structure will be clad in horizontal siding and be capped by a simple contemporary projecting cornice. Therefore, the Board finds that the structure will have a mixed directional expression of the primary facades that is visually compatible with surrounding structures and thus meets this standard. 4. Streetscape, pedestrian improvements Streetscape and pedestrian improvements and any change in the appearance thereof located adjacent to or on a landmark, within a historic district, or within a historic landscape district which is readily visible from any street or open space shall not be incongruous to the historic character of the landmark or district and shall comply with the criteria and guidelines specified in the Historic Resources Design Manual. Standard Met? Board Findings The applicant provided a context analysis that demonstrates that Atlantic Street is generally lined with brick sidewalks, which include small tree wells. Additionally, the Board finds that the applicant has provided a site plan which shows that the project will include improved brick sidewalks and tree wells. The Board further finds that the project will include trenching and other utility Yes work along Gilbert Lane, which is surfaced with historic granite cobblestones. The Board voted to include a condition of approval requiring that Gilbert Lane be restored to its pre-construction condition to preserve its historic appearance. Therefore, the Board finds that the brick sidewalks, tree wells, and restored cobblestone surface of Gilbert Lane are compatible with the surrounding context and satisfy this standard. 9 Page 50 Standard D. Other Standards Subsection 17.8.3 (D) 1. Compatible use Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration to the character defining features of the structure, object, or site and its environment or to use a property for its originally intended purpose. Standard Met? Board Findings The applicant provided plans showing that the proposed structure will have a residential use which is consistent with the typical uses in the Munjoy Hill Historic District. Additionally, the Board finds that the proposed development is located on a parcel classified as noncontributing to the Munjoy Hill Historic District and that the property therefore contains no structures, objects, or sites that could have character-defining features that could be affected by the project. Further, the Board finds that the only direct impacts will be to Gilbert Yes Lane and that excavation is limited to what will be necessary to provide utilities to the site. The Board therefore finds these impacts to be minimal. The Board voted to include a condition of approval that Gilbert Lane be restored to an appearance consistent with its pre-construction condition to preserve its historic appearance, further minimizing the impacts. Therefore, the Board finds that the proposed use is compatible, and only minimal alterations to Gilbert Lane are necessary, and thus the project meets this standard. 2. Distinguishing original character The distinguishing original qualities or character of a structure, object, or site and its environment shall not be destroyed. The alteration of any historic material or distinctive architectural features should be avoided when possible. Standard Met? Board Findings The proposed development is located on a noncontributing parcel within the Munjoy Hill Historic District and contains no structures, objects, or sites that could have distinguishing original qualities or character that could be affected by the project. The Board also finds that the project will involve excavation along Gilbert Lane, temporarily interrupting the historic cobblestone surface. Yes The Board voted to include a condition of approval requiring restoration of Gilbert Lane to its pre-construction condition. The Board further finds that this condition would ensure that the historic appearance of Gilbert Lane would be restored, avoiding significant alterations to its appearance. Therefore, the Board finds that this project will not destroy any distinguishing original character of the environment, and thus meets this standard. 10 Page 51  3. Archeological resources Every reasonable effort shall be made to protect and preserve significant archaeological resources affected by or adjacent to any project. If resources must be disturbed, mitigation measures shall be undertaken. Standard Met? Board Findings The Board finds that this standard is not applicable to the proposed scope of Not Applicable work because there are no significant archaeological resources identified which could be affected by this project. 4. Contemporary design Contemporary design for additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant cultural, historical, architectural, or archaeological materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the size, scale, material, and character of the property, neighborhood and environment. Standard Met? Board Findings The Board finds that the proposed development is located on a parcel classified as noncontributing to the Munjoy Hill Historic District and will not require alterations to any significant historic materials. Additionally, the Board finds that the proposed structure has a clearly contemporary character Yes through its simplified massing and minimal exterior details. The Board further finds that the compatibility of the design is detailed in its findings under subsections Subsection 17.8.3 (A-C) above. Therefore, the Board finds that this standard is met in the use of a contemporary design for the proposed building. 5. Additions Wherever possible, new additions to structures and objects shall be undertaken in such a manner that, if such additions were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Standard Met? Board Findings The Board finds that this standard was not applicable to the proposed scope of Not Applicable work as the project does not include any additions to any existing structures or objects. _________________________________________ DECISION By a vote of ___ to ___, the Board adopts the above findings of fact to supplement its conditional approval of application HPBR-002814-2024 from May 29, 2024. __________________________________________ ___________________ Valerie Paquin-Gould, Vice-Chair Date 11 Page 52  Law • Science • Policy Keith P. Richard 1 Dana Street Principal Portland, Maine 04101 krichard@archipelagona.com (207) 558-0102 January 21, 2026 VIA EMAIL City of Portland Historic Preservation Board hp@portlandmaine.gov RE: Public hearing after remand in Lewis v. City of Portland et al., AP-2024-42 Dear Chair and Members of the Board: I represent Maryellen Sullivan of 33 Atlantic Avenue.1 I am writing to request that the Board vote to re-open the public hearing on this application to follow the Superior Court’s directive on remand. The Superior Court remanded because the Board did not issue findings sufficient to permit meaningful judicial review and because the facts are not obvious from the existing record. (Order at 6). The Court also rejected the City’s contention that the Board’s vote implicitly adopted the staff memo as findings. (Order at 6). Under these circumstances, the most reliable and defensible way for the Board to comply with the remand is to re-open the public hearing in a limited manner focused on the specific standards requiring factual findings. Doing so will ensure the Board’s additional findings are grounded in a clarified evidentiary record, responsive to the remand issues, and not vulnerable as post hoc rationalization—thereby producing a decision that is fully reviewable and consistent with due process and the purposes of administrative findings identified by the court. The Board should vote to re-open the public hearing to address the deficiencies in the prior decision. Such a step would ensure a transparent and procedurally fair process, consistent with the Superior Court’s order and the law. Thank you for your time and consideration and I look forward to addressing you at future meetings. 1 Maryellen is the spouse of Joe Lewis, who brought the prior appeal regarding this Board’s certificate of appropriateness issued after a vote at the May 29, 2024 meeting. Maryellen was substituted as the appellant by order of the Superior Court for the reasons stated in the Court’s remand order. www.ArchipelagoNA.com Page 53 ARCHIPELAGO LEWIS/HPB January 21, 2026 Page 2 of 2 Sincerely, Keith P. Richard c. Client Amy McNally, Esq. Mac Walton, Esq. Page 54 1/29/26, 11:54 AM City of Portland Mail - Remand and request to reopen public hearing Evan Schueckler <evans@portlandmaine.gov> Remand and request to reopen public hearing Amy McNally <amcnally@portlandmaine.gov> Wed, Jan 21, 2026 at 11:04 AM To: Evan Schueckler <evans@portlandmaine.gov> FYI. Amy R. McNally Associate Corporation Counsel City of Portland 389 Congress Street Portland, Maine 04101 207-874-8974 amcnally@PortlandMaine.gov pronouns: she/her Notice: Under Maine law, documents - including e-mails - in the possession of public officials or city employees about government business may be classified as public records. There are very few exceptions. As a result, please be advised that what is written in an e-mail could be released to the public and/or the media if requested. ---------- Forwarded message --------- From: Oliver (Mac) Walton <OWalton@dwmlaw.com> Date: Wed, Jan 21, 2026 at 11:02 AM Subject: RE: Remand and request to reopen public hearing To: Keith Richard <krichard@archipelagona.com> Cc: Amy McNally <amcnally@portlandmaine.gov>, Colin Hull <chull@archipelagona.com> This message was sent securely using Zix® Hi Amy and Keith, I’m sure this won’t come as a surprise, but I object to this last-minute request being taken up at tonight’s meeting. For one thing, this application is not even back before the HPB at this point, as the Planning Board has not yet remanded it to the HPB. Additionally, the scope of Keith’s request is profoundly unclear. Keith, you write that you are requesting to “re-open the public hearing in a limited manner focused on the specific standards requiring factual findings.” However, as you know, all of the substantive standards require factual findings. That is not a “limited” reopening of the record – that’s open season. Finally, the Board should not be receiving public comment on this matter at tonight’s meeting, and as a practical matter, the timing of this written request – just hours before the meeting – puts me and my client at a disadvantage. Due to the extremely limited nature of tonight’s discussion, which had been previously been described to both of us as a simple “heads up” to the HPB, I had not planned to attend tonight’s meeting and won’t be able to. https://mail.google.com/mail/u/0/?ik=dc81b166e1&view=pt&search=all&permmsgid=msg-f:1854943010671083488&simpl=msg-f:1854943010671083488 1/2 Page 55 1/29/26, 11:54 AM City of Portland Mail - Remand and request to reopen public hearing I would propose that this letter be put in the HPB packet for the 2/4 meeting but object to it being presented for tonight’s meeting. Thanks, Mac From: Keith Richard <krichard@archipelagona.com> Sent: Wednesday, January 21, 2026 10:11 AM To: hp@portlandmaine.gov Cc: Amy McNally <amcnally@portlandmaine.gov>; Oliver (Mac) Walton <OWalton@dwmlaw.com>; Colin Hull <chull@archipelagona.com>; Maryellen Sullivan <maryellen@portcitylegal.com> Subject: Remand and request to reopen public hearing **CAUTION** This message originated from an external source. DO NOT reply, click links, or open attachments unless you have verified the sender and know the content is safe. [Quoted text hidden] This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This message was secured by Zix®. https://mail.google.com/mail/u/0/?ik=dc81b166e1&view=pt&search=all&permmsgid=msg-f:1854943010671083488&simpl=msg-f:1854943010671083488 2/2 Page 56