UNE pier approval tainted by glaring SRCC mistake

Although the University of New England has cleared all the reviews and hurdles needed to begin construction of a large pier on the Saco River, the Saco River Corridor Commission (SRCC) has now admitted it made a crucial mistake while approving the university’s application in 2024.

 The Saco River Corridor Commission (SRCC) voted in August 2024 to approve the university’s pier project, which includes construction of an access road that can accommodate large vehicles including fire/rescue trucks.

That access road, however, will be constructed within a 250-foot non-development “buffer” zone that was created by an agreement between the university and the SRCC in 2001.

Alan Thibeault, a UNE vice president, leads members of the planning board and the public through a wooded area where an access road will be built to accommodate the university’s planned research pier. (Seaver photo)

The agreement came as the result of a quid-pro-quo arrangement between the SRCC and the university, which allowed the university to build two new dormitories that would exceed a 35-foot height restriction.

In return for the height variance, the university agreed to create a 250-foot buffer zone along the river frontage on the school’s campus to protect the “environmentally sensitive” area.

Although the minutes of that June 2001 meeting shows no ambiguity on the matter, the SRCC today admits that the approval they granted last year did not take the previous agreement into consideration.

“It does appear that there was an omission of relevant information provided to the commissioners before last year’s vote,” said Cherie Dunning, the SRCC’s executive director.

Dunning said there is nothing that can be done today to fix the situation since a 30-day appeal window has come and gone.

Dunning added that her agency has been “overwhelmed” by the number of applications filed by the university over the last few years, describing the agency’s workload as an “administrative burden.”

The SRCC is a quasi-state agency with statutory control over all development along the Saco River.

“It does appear that there was an omission
of relevant information provided to the
commissioners before last year’s vote.”

— Cherie Dunning, SRCC exec. director

A group of commissioners is made up of representatives from all municipalities along the river. Don Furman, Biddeford’s representative on the SRCC, abstained from voting on UNE’s application in August 2024.

Ben Pinault, the commission chairperson, did not return our request for comment, as of press time.

For her part, Dunning said she and other staff are “working to prevent similar errors in the future.”

When asked if UNE’s permit should be revoked since new information has come to light, Dunning said there is nothing the SRCC can do about the past mistake, suggesting that the matter could be settled in the courts.

Sarah Delage, a UNE spokesperson, said the Saco River Corridor Commission did not impose a ‘no-build’ or ‘no construction’ zone within a 250-foot zone from the river.

Delage also said that Sandra Featherman – the university’s former president – “did not make any commitment that UNE would never seek to build a research pier on the Saco River.”

Many members of the public have expressed concerns about the location of UNE’s proposed research pier (Seaver photo)

However, the minutes of the July 2001 SRCC meeting clearly show that both UNE and the SRCC did work out an arrangement including the creation of the buffer zone so that the new dormitory buildings could be constructed.

These meeting minutes illustrate UNE’s unambiguous endorsement to achieve the same goal: environmental protection.

Featherman attended the July 2001 meeting in which several commissioners voiced strong support for the creation of a 250-foot buffer.

Featherman stated that “the University of New England has absolutely no plans to build within 250 feet of the river, and that the city as well as the university believe this buffer to be very sensitive and necessary for the protection of the river.”

From the SRCC’s 2001 meeting minutes: “The applicants are hereby required to retain and maintain a 250-foot-wide vegetative buffer along the entire shoreline of the property, measured horizontally starting from the mean high-water line and proceeding inland, described herein. Failure to do so will result in revocation [of the permit] and all subsequent amendments.’”

Also, Dunning left no doubt that the order issued by the Saco River Corridor Commission in 2001 is, in effect, state law, quoting the legislative act that created the Commission, she wrote, “Standards, rules and orders issued by the SRCC have the force and effect of law.’”

Local reaction to the SRCC’s error

The city of Biddeford now finds itself in a bewildering predicament, since UNE has not yet put a shovel in the ground and a building permit has not been issued.

Yet, city officials now know for certain that an SRCC order, which has the effect of state law, prohibits construction in the 250-foot buffer where the access road is supposed to be built.

Will the city continue to green light a project it knows to be illegal? The Gazette contacted Mayor Marty Grohman a week ago for comment, but he has still not responded.

The two candidates who are hoping to replace Grohman, however, responded quickly to our request for comment.

City Councilor Norman Belanger said he does “not want to be hasty with an opinion” until he has the opportunity to closely review the documents sent to him by the Biddeford Gazette.

“On its face, it does appear that the SRCC had imposed a 250-foot vegetation buffer,” Belanger said.  “I believe, however, that the enforcement of this order would be within the purview of SRCC and not the city unless it was a formal party to the order. 

“It is something that definitely deserves research and clarification along with an understanding of how it impacts the prior approvals for the pier,” he said.

“It is something that definitely
deserves research and clarification”

— City Councilor Norman Belanger

City Councilor Liam LaFountain said his “initial reaction was one of major concern.”

“Many residents have already expressed frustration about the pier review process, and I understand why,” LaFountain said.

LaFountain noted that a special citizens grievance meeting about the controversial pier project will be held next week at City Hall.

RELATED: Citizens collect enough signatures to force special meeting

“Given the public’s interest in the integrity of the city’s regulatory review is extremely high, the [newly revealed] information raises serious questions,” LaFountain said.

LaFountain said that the city council is expected to take up the issue at its next regular meeting on Oct. 21.

“In my view, outreach to the SRCC and possibly the Attorney General’s office, for legal clarification, is necessary. If an SRCC order carries the force of law, the city has an obligation to understand the implications and ensure compliance. Biddeford must obey all laws.”

City solicitor Harry Center was asked to comment on this story last week. Center said he needs time to review all of the documents, including the SRCC minutes.

“Many residents have already expressed
frustration about the pier review
process, and I understand why,”

— City Councilor Liam LaFountain

An insider’s look at UNE’s ongoing development

Biddeford resident Matt Haas graduated from the University of New England in 2005 with a degree in organizational leadership.

Haas was also employed by the university for nearly 18 years and served as a public affairs liaison between the university and its residential Hills Beach neighbors.

In fact, Haas – a registered Maine Guide — said he did extensive work in the creation of the Institutional Zone that covers all of UNE’s Biddeford campus, a process that was guided and promoted by Featherman, the university’s former president.

“This whole process has been mishandled by both the city and the university,” he said. “There absolutely was and is a 250-foot buffer zone in place. This pier is in the wrong location and was approved as part of a mismanaged process.”

Haas is one of several Biddeford residents who are appealing the Biddeford Planning Board’s approval of the large research pier on August 6, 2025.

The Zoning Board of Appeals meeting is scheduled to take place on November 13.

Click here to view and/or download a PDF copy of the SRCC’s July 2001 meeting minutes:

Note: This story will be updated as more information becomes available.

__________________

Randy Seaver is the editor and founder of the Biddeford Gazette. He may be reached by email: randy@randyseaver.com

c.) 2025 All Rights Reserved

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7 thoughts on “UNE pier approval tainted by glaring SRCC mistake

  1. Let me return to the shoulders of the City. The City has both a primary and an alternate member of the SRCC and a vote on all matters regarding the Saco River from the White Mountains of New Hampshire to the estuary at Hills Beach and UNE. In this case, the City obviously had a vested interest in this part of the river which, in fact, lies within City property boundaries. And yet, the City didn’t even cast a vote or testify at the SRRC review. Our SRRC representative, a local attorney, recused himself because he and the Mayor decided there was a conflict of interest between the representative and UNE. Did any of these folks know there was this 250 foot buffer? AND, it so happened there was no alternate, as the Mayor told me personally he had difficulty finding anyone to serve. Shame on us!

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