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Record of Proceedings

Brunswick, Maine, Town Council Workshop on Contract Zoning Request for Former J&J Cleaners Site - September 21, 2026

Town Council Workshops — Monday, September 21, 2026
BodyBrunswick, Maine
SessionTown Council Workshops
DateMonday, September 21, 2026
StatusFILED
Video Record
0:00 / 1:00:28

Original source
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0:04

Good evening, everyone, and welcome to Monday, September 21st, 2026 Town Council workshop.

0:12

This is primarily focused on contract zoning and a contract zoning request.

0:17

Uh we currently have all members present with one of them currently stepped out of the room.

0:21

Was this meeting properly noticed, town manager?

0:24

Yes, it was.

0:25

Great.

0:25

So our first item of business here is a contract zoning informative uh presentation.

0:31

Uh then we will go through the request and then we'll adjourn the workshop.

0:35

Just so you're all aware, this will be about an hour.

0:38

We'll get done about 15 minutes before council meeting is supposed to start at 6 30, just so that way tech has time to transition all the links.

0:45

So without further ado, I'll turn it over to the planning and development director, Ertman.

0:50

Thank you.

0:53

Waiting for my presentation.

0:58

Great.

1:00

Larry, could you put it on the next slide, please?

1:04

So the representatives of the J are here tonight to present their request for a contract zone and to receive some initial feedback from the town council before a public hearing is scheduled on the project.

1:16

Before we hear from the applicant, I'd like to take a few minutes to explain what contract zoning is and how it applies to this project.

1:23

I'll also discuss planning board and town council roles and what the process looks like from here out.

1:28

The council has held workshops on contract zoning projects in the past, but the town has yet to approve a contract zoning application, so providing a little context here is in order.

1:40

Next slide, please.

1:42

So what is contract zoning?

1:45

Section 5.23.13 of our zoning ordinance recognizes that in some circumstances, traditional zoning methods may not be sufficient to promote desirable development.

1:56

In those situations, contract zoning provides a more flexible approach that can accommodate appropriate development while ensuring that there is a public benefit.

2:05

Contract zoning is only permitted when the town council finds that it is necessary or appropriate to impose certain conditions or restrictions by agreement with the property owner to ensure that the rezoning is consistent with the town's comprehensive plan.

2:19

Next slide, please.

2:22

In other words, when considering a change in zoning, the council may determine that certain conditions are necessary because of public necessity or general welfare.

2:30

Those conditions are intended to protect the interests of the property owner, neighboring property owners, and the neighborhood, as well as other property owners and residents of the town, while ensuring that the development is consistent with the comprehensive plan.

2:44

Importantly, any conditions or restrictions imposed through contract zoning must relate to the physical development and operation of the property.

2:52

Next slide, please.

2:55

So why does the J require a contract zone?

2:58

With the recent adoption of the Main Street overlay, the J will now conform to the height standards for downtown Main Street.

3:04

However, the project is unable to meet the parking requirements in the zoning ordinance, and they've requested a contract zone for this reason.

3:11

It's up to the town council to decide if the development is something that the town wants and if it provides a measurable public benefit for the community.

3:19

Next slide.

3:36

Next slide.

3:39

Before making its recommendation, the planning board must find must make findings on three specific factors.

3:45

First, whether the project is consistent with the comprehensive plan.

3:49

Second, whether the project is consistent with but not limited to the existing uses and allowed uses within the original zoning district.

3:57

And third, whether the project is subject to conditions sufficient to achieve desirable development that provides a public benefit as described in section 5.2.13.

4:08

For the planning board to recommend approval, it must make a positive finding on all three of these factors.

4:14

Next slide.

4:16

The planning board's recommendation will then come back to the town council, which will consider the recommendation when determining whether to schedule a public hearing on the contract zone and whether to approve the zoning request.

4:27

If the council approves a contract zone, that approval is made through an amendment to the zoning ordinance.

4:32

And the approved contract zone will be listed as adopted under section 5.2.13.

4:38

Next slide.

4:46

Any project that goes through contract zoning must still comply with the applicable site plan or subdivision review requirements of the zoning ordinance.

4:55

In this case, the J has already received sketch plan sketch site plan approval from the planning board and design approval from the Village Review Board.

5:03

If the council ultimately approves the contract zone, the project will still need to return to the planning board for final site plan review.

5:11

Next slide.

5:15

The J is seeking a contract zone because the proposed project does not meet the parking standards in the town zoning ordinance.

5:22

If the council determines that the development is desirable and provides a measurable public benefit, they may vote to allow the reduction in required parking and approve the contract zone.

5:32

The project site plan and elevation drawings should be incorporated into the contract zone approval to provide clear reference for what the council is approving.

5:40

If the design and amenities prompt council to approve the plan, then those details should be guaranteed as part of the agreement.

5:48

Any changes to those plans that are more than minor in nature would need to then come back before the council for approval.

5:55

It could be written into the contract that minor changes are approvable by the planning director as a minor modification.

6:02

I also briefly want to mention the sidewalk.

6:13

Town staff have had discussions with the applicant regarding cost of the replacement sidewalk and feel it is appropriate for the town to pay for the portion of the sidewalk that is already planned to replace.

6:24

Additional expenses, such as widening the sidewalk to create parallel parking, would be borne by the applicant.

6:31

And these are details that would also need to be included as part of the contract zoning agreement if that's what council wants.

6:39

Next slide, please.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████25%
Public Comment███████████████████████23%
Affordable Housing████████████12%
Parking Management███████████11%
Engineering And Infrastructure█████5%
Parking Regulations█████5%
Active Transportation█████5%
Procedural████4%
Transportation Safety███3%
Summary of Proceedings

Brunswick, Maine, Town Council Workshop on Contract Zoning Request for Former J&J Cleaners Site - September 21, 2026

The Brunswick Town Council held a workshop on Monday, September 21, 2026, to discuss a contract zoning request for the former J&J Cleaners site on Main Street. Town staff outlined the contract zoning process, and representatives of 53 Main Associates presented their mixed-use proposal and answered council questions. The workshop was informational and no formal decision was made. The chair confirmed the meeting was properly noticed, and the workshop was expected to last about one hour, ending before the 6:30 p.m. regular council meeting.

Contract Zoning Process

  • The Planning and Development Director explained that contract zoning under Section 5.23.13 of the zoning ordinance is a flexible tool used when traditional zoning may not promote desirable development and a public benefit can be secured. Conditions imposed through contract zoning must relate to the physical development and operation of the property.
  • The applicant needs a contract zone because the project now conforms to downtown Main Street height standards under the recently adopted Main Street overlay, but cannot meet the ordinance's parking requirements.
  • The planning board must make positive findings on three factors: consistency with the comprehensive plan, consistency with existing and allowed uses in the original zoning district, and conditions sufficient to achieve desirable development that provides a public benefit.
  • The next step is a planning board public hearing on September 22, 2026, followed by a recommendation to the council. The council will later decide whether to schedule its own public hearing and whether to approve the contract zone as a zoning ordinance amendment.
  • The project has already received sketch plan approval and Village Review Board design approval; final planning board site plan review would still be required if the contract zone is approved.
  • Staff and the applicant discussed sidewalk costs: the town would pay for planned sidewalk replacement, while the applicant would pay for additional widening that creates parallel parking.

Applicant Presentation and Request

  • Ryan Barnes of LJB Engineering, representing Dave Holman's 53 Main Associates, described a mixed-use building on the former J&J Cleaners site with approximately 9,009 square feet of ground-floor commercial retail space on the first floor, later also referred to as about 9,900 square feet, and 34 residential condominium units on the upper floors, with parking underneath.
  • The applicant said the zoning ordinance requires approximately 87 parking spaces: about 54 for residents and about 33 for commercial uses. The request is to reduce the requirement to 41 ground-level garage spaces, all for residents. Parking lifts could increase residential parking to as many as 74 spaces, but no off-street commercial parking would be provided.
  • The applicant cited 2001 and 2025 downtown parking studies, including a 2025 finding of roughly 316 spaces of additional downtown parking capacity, and said the comprehensive plan and climate action plan encourage reduced parking requirements, higher density, active transportation, and mixed-use development.
  • The applicant noted the site has contaminated soils from former gas station and dry-cleaning uses. The proposed design requires excavating about 16 feet across the footprint, removing roughly 10,000 cubic yards of material, or about 700 dump truck loads, with the nearest licensed disposal facility about 130 miles round trip.
  • The project includes brownfield cleanup, coordination with the town's future streetscape work, and a design the applicant said would create a strong gateway at the Main Street and Mason Street corner. The applicant proposed parallel parking there, citing safety near a future signalized intersection. The applicant also noted two transit stops within a quarter mile and more than 20 bike racks installed along the streetscape.
  • The applicant said the existing site currently has three units, two occupied and one unoccupiable, and the new building would add 34 units, a net increase of 31. The applicant is under contract on the building behind the site for construction access and air rights and does not plan to demolish it.

Council Discussion and Feedback

  • Councilor Ellis asked about the timing of a council decision relative to the public hearing; staff said a same-night decision is possible but not required, and would involve waiving normal procedures.
  • Councilor Weems asked whether the contract zone would apply to other projects; staff replied it would be a zoning amendment for this specific project.
  • Councilor Hicks asked what would happen if the contract zone were not approved; the applicant said it would likely kill the project. Hicks also noted the proposal as presented does not meet current parking standards.
  • Councilor Perl expressed support for the project, praised the underground parking concept, and urged the applicant to maximize parking lifts for residents. She questioned the parking study's surplus figure and emphasized the need to consider downtown businesses.
  • Councilor Ecker confirmed that the garage parking is for residents only; commercial tenants would rely on street and public parking. He asked about deed restrictions on parking, and the applicant said flexible condo-owned spaces and later lift installation are preferable. Town Manager said the town has not used parking impact fees and that surveyed residents opposed paid parking.
  • Councilor Wilson expressed support for the project but opposed replacing angled parking with parallel parking and raised bicycle theft concerns. Dave Holman responded that the streetscape is a town decision and that residential garage stalls would include bike racks.
  • One councilor noted the switch from angled to parallel parking would reduce that block's on-street spaces by only one or two spaces, from about nine to seven or eight.
  • Councilor Hicks asked about the rear building; the applicant confirmed it would be retained while the corner building would be replaced by the new development.
  • Councilor Ellis discussed the condo model, including HOA rules and subletting. The applicant said short-term rentals would be restricted, likely with a minimum 30-day stay, and commercial space would be marketed in about eight spaces expected to suit small local businesses rather than one large user. Ellis raised concern about parking-intensive commercial uses such as a call center.
  • A councilor noted that zoning already has lower parking minimums for affordable housing, and that making three two-bedroom units affordable would reduce required parking by five spaces.
  • Councilor Perl clarified that, unlike rental projects, parking at the J would be tied to individual condo deeds and would be less fluid.
  • Councilor Hicks suggested contract zoning creates an opportunity to negotiate community benefits to offset added parking pressure and asked for more discussion on that idea.
  • Chair McDonald said the project is a great project, that residential parking coverage is important, that commercial parking still needs to be worked out, and that the town should examine broader parking policy through the upcoming recode process.

Key Outcomes

  • No formal vote on the contract zone was taken at the workshop; it served as initial council feedback before a public hearing is scheduled.
  • The planning board public hearing is scheduled for September 22, 2026; its recommendation will return to the council, which will decide whether to schedule a public hearing and ultimately whether to approve the contract zone.
  • The council adjourned by motion from Councilor Wilson, seconded by Councilor Hicks, with all in favor, and moved to the regular 6:30 p.m. council meeting.
  • Town Manager announced that the Northern New England chapter of the American Planning Association is recognizing Brunswick's comprehensive plan as Plan of the Year.

Meeting Transcript

Good evening, everyone, and welcome to Monday, September 21st, 2026 Town Council workshop. This is primarily focused on contract zoning and a contract zoning request. Uh we currently have all members present with one of them currently stepped out of the room. Was this meeting properly noticed, town manager? Yes, it was. Great. So our first item of business here is a contract zoning informative uh presentation. Uh then we will go through the request and then we'll adjourn the workshop. Just so you're all aware, this will be about an hour. We'll get done about 15 minutes before council meeting is supposed to start at 6 30, just so that way tech has time to transition all the links. So without further ado, I'll turn it over to the planning and development director, Ertman. Thank you. Waiting for my presentation. Great. Larry, could you put it on the next slide, please? So the representatives of the J are here tonight to present their request for a contract zone and to receive some initial feedback from the town council before a public hearing is scheduled on the project. Before we hear from the applicant, I'd like to take a few minutes to explain what contract zoning is and how it applies to this project. I'll also discuss planning board and town council roles and what the process looks like from here out. The council has held workshops on contract zoning projects in the past, but the town has yet to approve a contract zoning application, so providing a little context here is in order. Next slide, please. So what is contract zoning? Section 5.23.13 of our zoning ordinance recognizes that in some circumstances, traditional zoning methods may not be sufficient to promote desirable development. In those situations, contract zoning provides a more flexible approach that can accommodate appropriate development while ensuring that there is a public benefit. Contract zoning is only permitted when the town council finds that it is necessary or appropriate to impose certain conditions or restrictions by agreement with the property owner to ensure that the rezoning is consistent with the town's comprehensive plan. Next slide, please. In other words, when considering a change in zoning, the council may determine that certain conditions are necessary because of public necessity or general welfare. Those conditions are intended to protect the interests of the property owner, neighboring property owners, and the neighborhood, as well as other property owners and residents of the town, while ensuring that the development is consistent with the comprehensive plan. Importantly, any conditions or restrictions imposed through contract zoning must relate to the physical development and operation of the property. Next slide, please. So why does the J require a contract zone? With the recent adoption of the Main Street overlay, the J will now conform to the height standards for downtown Main Street. However, the project is unable to meet the parking requirements in the zoning ordinance, and they've requested a contract zone for this reason. It's up to the town council to decide if the development is something that the town wants and if it provides a measurable public benefit for the community. Next slide. Next slide. Before making its recommendation, the planning board must find must make findings on three specific factors. First, whether the project is consistent with the comprehensive plan. Second, whether the project is consistent with but not limited to the existing uses and allowed uses within the original zoning district. And third, whether the project is subject to conditions sufficient to achieve desirable development that provides a public benefit as described in section 5.2.13. For the planning board to recommend approval, it must make a positive finding on all three of these factors. Next slide. The planning board's recommendation will then come back to the town council, which will consider the recommendation when determining whether to schedule a public hearing on the contract zone and whether to approve the zoning request. If the council approves a contract zone, that approval is made through an amendment to the zoning ordinance. And the approved contract zone will be listed as adopted under section 5.2.13. Next slide. Any project that goes through contract zoning must still comply with the applicable site plan or subdivision review requirements of the zoning ordinance. In this case, the J has already received sketch plan sketch site plan approval from the planning board and design approval from the Village Review Board. If the council ultimately approves the contract zone, the project will still need to return to the planning board for final site plan review. Next slide. The J is seeking a contract zone because the proposed project does not meet the parking standards in the town zoning ordinance.

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