Staff Writer

The Saco City Council will discuss the future of Bay View Convent as its owners move forward with demolition of the building.

The council is expected to discuss a letter Monday from the Saco Historic Preservation Commission asking for an appeal of a demolition permit issued by Code Enforcement Officer Dick Lambert. Developer Tim Swenson of Estates at Bay View wants to raze the building to make way for single-family homes.

Lambert received a demolition permit application April 2 from the Servants of the Immaculate Heart of Mary and issued the permit April 6. The commission initiated a review of the property March 10 and met three times in April to review whether the property merits recognition as a historic landmark as defined by the city’s zoning ordinance.

Lambert said nothing in the city ordinance stays a demolition permit while the building is under review. The local historic preservation ordinance requires a six-month wait for permits in the historic district or on properties designated as historic. The convent is not in the historic district and has no such designation.

The commission has yet to submit a report to the city council with a recommendation for the convent, which was built in 1872. City Planner Bob Hamblen said the commission likely would finish its report following a public hearing Wednesday, which took place after the Courier’s publication deadline.

City Attorney Timothy Murphy, in a letter to City Administrator Rick Michaud, said the city council needs to decide the “serious procedural issue” of standing prior to deciding the merits of the appeal request. Murphy said the commission has no legal standing to appeal because it will not incur direct legal injury and does not own property near the convent. “Mere upset” with a decision is not sufficient to provide standing to support an appeal, he said.

“First, the HPC owns no property near or adjacent to the convent. It has not been legally ‘aggrieved’ in that its interests have not been adversely affected by the demolition order, in a way that is any different from the public at large. Second, even if demolition occurs, the Saco HPC suffers no injury of any kind,” Murphy wrote.

Murphy said the commission holds no legal rights and may do no more than recommend to the city council whether the property should be treated locally as “historic.” While the Maine Historic Preservation Commission has indicated the convent is eligible for the National Register of Historic Places, the National Park Service makes clear no property will be listed if its owners object, he said.

The sisters and Swenson told the commission earlier this year they do not think the building is of historical significance. Swenson said the cost of removing asbestos and renovating the existing buildings is prohibitive. 

The commission, in its letter of appeal, said the issuance of the demolition permit is premature because of its ongoing review.

“Further, it does a disservice to the city and its residents, many of whom recognize the Bay View Convent as a historic and valued building,” the letter reads.

Hamblen said the planning board is expected to consider site plan and subdivision applications for the project at its May 18 meeting. The city council granted the project a contract zone amendment in March. The zone allows for the creation of 14 lots on the ocean front parcel.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.