NEWS | UNE pier saga could be coming to an end

The Saco River Corridor Commission voted Wednesday to approve a time extension for the University of New England’s controversial research pier project

By RANDY SEAVER | Editor

The Saco River Corridor Commission (SRCC) voted Wednesday to approve a permit extension for the University of New England’s controversial research pier, signaling what could be the final chapter of a two-year political and legal saga.

As expected, Wednesday’s vote included lengthy debate about whether a previous SRCC decision that was overlooked two years ago should today be a factor in granting UNE an extension for their previously approved permit.

When the SRCC voted to approve the research pier proposal two years ago, they did not consider a 250-foot shoreline buffer zone that they had created in 2001 when approving another project at UNE’s Biddeford campus.

In October, Cheri Dunning — the SRCC’s executive director – admitted that her agency made “a mistake” when they voted to approve UNE’s research pier two years ago.

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

Over the last six months, the 250-foot buffer zone became the core element of an intensifying legal and policy battle between the university and the city of Biddeford.

In January, following the election of a new mayor and city council, the city went to court and filed a complaint against the SRCC, seeking clarification about whether the overlooked buffer should require the university to resubmit an application.

The university cried foul, pointing out that the city’s own planning board had narrowly approved the project several months prior.

After losing an appeal before Biddeford’s Zoning Board of Appeals in May, the university filed its own lawsuit against the city, claiming that Biddeford was attempting politically-motivated, retroactive zoning.

RELATED | UNE files lawsuit against Biddeford

What’s the next move?

**BIDDEFORD CITY ATTONEY HARRY CENTER** testified before the SRCC at a public hearing earlier this month. | *Photo by Randy Seaver, Biddeford Gazette*

. . .

Jim LaBelle, Biddeford’s SRCC representative, voted against granting UNE a time extension for their permit.

LaBelle said he has always been in support of UNE building a permanent research pier on their riverfront, but said the language of the prior 2001 SRCC condition was “pretty clear to me about maintaining a no-build protected zone within 250 feet of the river in that vegetated section of their property which is why I voted no.”

Biddeford Mayor Liam LaFountain said he wants the opportunity to carefully review the SRCC’s decision before making any comments or specific decisions.

LaFountain declined to say whether the city would withdraw its legal complaint against the SRCC and issue a building permit for the project.

“We want to take the time to carefully consider what our next steps should be,” LaFountain said on Thursday. “I plan to get an update from the city attorney, and the council will also need to review that information and our attorney’s advice before making any decisions.”

During a June city council meeting, City Attorney Harry Center said the city would take its guidance from the SRCC’s decision about UNE’s request for a permit time extension.

“We want to turn the temperature down,” Center said during the June 16 meeting. “The rhetoric on both sides is getting out of hand.”

Center reminded the council and members of the public that the city is not opposed to the pier, but instead wants to ensure that the approval process is done correctly.

“This is about transparency. This is about process,” Center said. “This is an opportunity for us to get some clarity, and we will accept the SRCC’s final decision.”

Center addressed the SRCC on Wednesday but was unavailable for comment on Thursday morning.

“This [vote] represents an important
step forward for a project that
has undergone years of planning,
environmental review, regulatory
oversight and public discussion.”
— Sarah Delage, UNE spokesperson

University officials said they were pleased by the SRCC’s decision to grant a time extension for their project.

“UNE appreciates the Saco River Corridor Commission’s thorough review of our application and its decision to extend the permit for the proposed research pier,” said spokesperson Sarah Delage. “This [vote] represents an important step forward for a project that has undergone years of planning, environmental review, regulatory oversight and public discussion.”

Delage said UNE “remains committed to being a responsible steward of the Saco River and a constructive partner in the Biddeford community as we move into the next phase of the project.”

John Shafer — former chair of Biddeford’s Harbor Commission and a Hills Beach resident – has been an outspoken critic of the pier proposal for more than two years.

In fact, it was Shafer who was able to put pressure on the SRCC to conduct a public hearing on the issue earlier this month.

On Thursday morning, Shafer issued a simple one-sentence response regarding the SRCC’s vote. “The commissioners did not cover themselves in glory.”

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