Well Under Construction by Upright Properties, LLC.,  a/k/a Joshua Wojcik, (Developer). is This Four Story, Six-unit Condo at 128R North Street.

Property owners near 126 & 128 North Street were the recent recipients of a city postcard informing them of an upcoming second look at an already approved application for two condominiums to be built on North Street on Munjoy Hill by Portland’s planning board – next week.

Renters in the area are not the recipients of this information by unexplained city policy.  Only property owners were notified of this  upcoming planning board meeting.

The second look at the Board’s decision and an opportunity for its additional consideration regarding  its approval of the reduced number of parking spaces was mandated by the Superior Court on July 18, 2021.  This court order came as a result of an 80B Appeal filed by neighbors Lindsay S. and Susan Mann against the city of Portland and the planning board.  The appeal was filed in October 2020 by real estate attorney Thomas Federlee.  The 80B Appeal requests that the decision of the Planning Board on September 8, 2020 be vacated or reversed. Brandon Mazer, Planning Board chair, who is running for an at-large city council seat.

The Court, in its Amended Order dated July 18, 2021, stated that it’s review of “administrative decision-making is deferential and limited.”  However, the Amended Order went on to say:  “The municipal board’s findings of fact will be vacated only if there is no competent evidence in the record to support a decision.”

A lawsuit against Upright Properties, LLC filed by Steven Kremer and Ann Kremer, owners of 128 North Street, appears to be headed for trial because Wojick and the Kremers could not reach agreement by mediation regarding an easement over the Kremer property.

The second look at its decision is scheduled by zoom only for Tuesday, September 28, 2021 at 7;00 pm.  It’s the only item on the agenda.  For more information, please contact James Rather, at (207) 874-8699 or at: jrather@portlandmaine.gov.

For more background information, please visit post herein dated July 31, 2021.