In the wake of a decision by the Maine Superior Court, the Portland Planning Board is set to review an application for a condominium complex in Munjoy Hill for the third time.

On Nov. 12, the board unanimously agreed to review the application again and schedule a public hearing for December 10.

At issue is an application for a four-story, 12-unit building at 19 Willis St. Neighbors have objected to the proposed project since the application first reached the board in 2019.

“Public comments focused primarily on the project’s scale, overbearing size and compatibility with the neighborhood,” court records indicated. 

The board has approved the project twice already, but each time critics have taken the board to court challenging its decision. 

Court documents indicate that the court does not have the authority to override the board. It can, however, insist the board reconsider its decision if the court finds the board didn’t do enough to address concerns.

According to legal documents, the board first approved the application on Dec. 14, 2021, and within a month a group of petitioners, including neighbors to the planned location for the building, filed in Maine Superior Court. They argued the board ignored that the project violated Portland’s height requirements and didn’t match the character of the Munjoy Hill neighborhood. They also argued the proposed building is too close to the property lines.

The court’s decision at the time indicated the board did not sufficiently explain how it came to its conclusion to approve the project. 

In response, the board went back to review the application again and, in a “supplemental decision,” approved the project once again on Dec. 12, 2023.

Once again, petitioners took the board to court, arguing the board made its second decision “without critical analysis, deliberation or discussion.”

Regarding the proposed project’s height, court documents indicated the board cited “the city’s longstanding practice” of approving projects of this type and height. 

The court found there wasn’t enough of a fact-based conclusion and came to similar judgments regarding the board’s addressing of complaints about the building’s character and how close the building was to property lines. 

The court’s Sept. 30 decision, filed in October, effectively sent the project application back to the planning board once again, with a 90-day deadline for addressing the complaints.

There was no real discussion by the board at its Nov. 12 meeting, but the board agreed to set a public hearing for its Dec. 10 meeting. There, the board expects to hear from everyone, including the applicant, city officials and the project’s critics regarding the specific complaints.