The University of New England cleared another hurdle Thursday when the Biddeford Zoning Board of Appeals (ZBA) voted unanimously to reject an appeal of the university’s proposed research pier.

Although the Biddeford Planning Board narrowly approved the controversial pier in August, a group of private citizens – led by the former chair of the Biddeford Harbor Commission – filed an appeal of the planning board’s approval.

Thursday’s meeting lasted only a few minutes, despite an agenda packet of more than 3,000 pages of information related to the project.

ZBA members did not discuss specifics about the pier, its location or the city’s review process of the project. The discussion instead centered on whether the citizen appellants had legal standing to appeal the planning board’s prior approval.

Ron Schneider – the university’s senior attorney – told ZBA members that the citizen appellants had “no standing” to file an appeal because they were not injured by the planning board’s earlier approval.

Biddeford resident Matt Haas, a former UNE employee, spoke for the appellants and said the citizens group was made up of an “organic” group of citizens, including property abutters and mooring owners who will be displaced by the large pier.

Schneider rejected that argument, pointing out that only Schafer’s name was listed on the appeal filed in September.

“You cannot just add names as you go along,” Schneider argued before the ZBA, pointing out that Schafer lives more than a mile away from where the large pier will be built. “Otherwise, this just becomes a game of whack-a-mole.”

City Attorney Harry Center told the ZBA that they should send the issue back to the planning board for further review.

“New information has recently come to light,” Center said. “The appellants do have standing.”

Center previously supported the planning board’s decision but now says new information about a 250-foot, non-development buffer zone created nearly 25 years ago should trigger a reconsideration of that decision.

“This just becomes a game
of whack-a-mole.”

— Ron Schneider, UNE’s senior attorney

As originally reported in the Biddeford Gazette, that buffer zone was overlooked and not raised as an issue of concern during the nearly two-year review process.

RELATED: UNE approval tainted by agency error

The Biddeford City Council voted unanimously last week to seek guidance and advice from the Maine Attorney General’s Office about the buffer zone and its impact on the university’s plans.

When asked for comment about Thursday’s ZBA decision, a university spokesperson said the zoning board followed the city charter’s requirements for appeals.

“These rules exist to ensure fairness and clarity in the appeals process,” said Sarah Delage, vice president of communications.

“UNE looks forward to moving ahead with this important research facility that will benefit Maine’s marine environment, economy and students for generations to come,” she added. “We remain committed to being good neighbors and responsible community partners.”

When asked about next steps for the citizen’s coalition, Haas said the group has to rely on the city council for relief.

“The city seems to understand the significance of the buffer zone, and it is heartening to see them pursue that issue with the attorney general’s office,” he said.

“This is not the end of the story,” Haas said.

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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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