City files court challenge for UNE pier approval

By RANDY SEAVER, Editor

Although the Biddeford Planning Board narrowly approved the University of New England’s controversial pier proposal in August, a required building permit will not be issued by the city until a decision comes down from the York County Superior Court.

The city has filed a formal complaint against the Saco River Corridor Commission (SRCC), a quasi-state agency tasked to review and control development on the Saco River.

As first reported in the Biddeford Gazette, new questions were raised in October about the review process. Specifically, the city now says that a previous decision by the SRCC — from more than 24 years ago — should have disqualified the project.

RELATED: UNE pier approval tainted by glaring mistake

In 2001, the SRCC and the university created a 250-foot, no-development zone along the shoreline of UNE’s campus. That agreement was made as a compromise to allow construction of two dormitory buildings that would exceed a 35-foot height restriction.

The university is now hoping to construct an access road for its new pier through that buffer zone.

During their review of the university’s proposal last year, the SRCC failed to consider its previous ruling. “It was a mistake,” said Cheri Dunning, executive director of the SRCC during an October interview with the Gazette.

Dunning described the mistake as an “omission of information.” Because the agency’s approval happened more than 30 days ago, Dunning said there was nothing the SRCC could do to remedy the error.

“Our staff is working hard to prevent this type of error in the future,” Dunning said.

A few days later, Dunning sent an email to Roby Fecteau, the city’s code enforcement officer. In that email, she opined that the SRCC can alter any decision it makes. She also denied saying that the decision was a mistake on the part of the SRCC.

“The condition was created by, and thus can be altered by, the Commission,” Dunning wrote in her email to Fecteau.

When contacted Wednesday, Dunning refused to answer any questions that were not submitted to her in writing.

The Gazette sent Dunning an email, asking for comments and clarification. She did not respond to our inquiry, as of press time.

City Attorney Harry Center said the formal complaint was filed because the city wants to “maintain the integrity of the review process.”

“We’re not seeking money nor damages,” Center said. “We’re simply asking the court to instruct the SRCC to reconsider the permit.”

In early November, the Biddeford City Council voted unanimously to seek “guidance about the permit” from the Maine Attorney General’s office.

RELATED: Back to the drawing board for UNE?

The AG’s office declined the city’s request for intervention, citing the fact that the city has its own legal counsel and that the attorney general’s office would likely represent the SRCC in any legal action.

“Municipalities rely on consistent, lawful application of state permitting standards,” said Biddeford Mayor Liam LaFountain.

“When a statutory buffer required by a prior permit is overlooked, it is essential for the matter to be properly reviewed,” LaFountain said. “Our goal is to ensure that decisions affecting the Saco River comply fully with applicable law and long-standing environmental protections.”

Donald Furman serves as Biddeford’s representative on the Saco River Corridor Commission.

Furman, an attorney, said he had “no knowledge” of the city’s complaint, which was filed nearly two weeks ago.

“This is news to me,” Furman said when contacted by the Gazette.

In the city’s complaint to the court, the University of New England is listed as an interested party.

UNE spokesperson Sarah Delage said the university “respectfully disagrees” with the city’s position.

Delage said the permit issued in 2001 for new dormitory building does not preclude the building of an access road within the 250-foot vegetative buffer along the river.

“It allows for development within that zone if the SRCC reviews the plan and finds that it adequately maintains appropriate vegetation levels,” Delage wrote in a statement to the media. “During the SRCC approval process for this project, the SRCC provided feedback on UNE’s re-vegetation plan. The project that was ultimately approved reflects that feedback.  

Delage also said the university never claimed that the University would never propose any activity within the vegetative buffer.

“The research pier is an important educational and scientific asset that will support UNE’s marine science programs and contribute to environmental research benefiting our coastal community,” Delage wrote. “UNE is committed to responsible development and environmental stewardship of our waterfront campus.”

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

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