Staff Writer

 The Saco Historic Preservation Commission has asked the city council to designate Bay View Convent a local historic landmark and stop its demolition.

The Saco City Council met with commission members Monday night for a workshop to discuss the convent, which a developer wants to raze to make way for 14, single-family homes.

The commission’s report to the council outlined the building’s history and said it is eligible for inclusion on the National Register of Historic Places.

“When it was opened for business in June of 1872, the Bay View House rose like a white wooden ship, bounding from the edge of a 90-acre Saco pine and hardwood forest to command a central view of the largest continuous stretch of sandy beach in the state of Maine. Its cupola-crested mansard roof capped three stories containing 50 ample, airy, first-class rooms and a grand dining and ballroom. Among its many amenities, it also boasted a bowling alley and livery stables. As one reviewer put it, it was ‘heaven, this side of the stars,’” reads the commission report.

The commission asked the council to grant the building landmark status to prevent the loss of architectural history that cannot be replaced.

The Servants of the Immaculate Heart of Mary have said at past meetings they do not feel the building has any historic architectural value because it has been changed many times over the years. They have entered a purchase agreement with developer Tim Swenson of Estates at Bay View and were granted a demolition permit for the property last month.

The commission also has filed an appeal of the demolition permit with the city council, but Mayor Ron Michaud said there could be no discussion of that issue at Monday’s workshop. He instead limited discussion to the landmark status request, though councilors said they had no questions about the commission’s recommendation and did not specifically talk about that issue.

Commission member John Morrill Read said the commission wants more open communication with planning department staff about upcoming projects to avoid playing “catch up” on potentially significant projects. He said the commission was not involved with the Bay View property until after the council approved a contract zone for 14 lots.

Read suggested the commission should be notified when the planning office is involved with properties that are more than 50 years old.

“The bottom line, we were basically trying to catch up with this,” he said. “We just wanted to get our perspective out, even though the train had left the station when you said you wanted the contract zone,” Read said

Economic Development Director Peter Morelli said there is no basis in city ordinance to regulate properties outside the historic district, which includes 225 properties. He said the council would have to expand the district or add properties to the list of historic buildings.

“If the council wants to protect more, tell us and we’ll protect more,” he said.

Code Enforcement Officer Dick Lambert, who issued the demolition permit, said putting an added burden on older buildings would “absolutely grind the city to a halt” and might discourage people from developing Saco properties. 

Read said the commission’s “limited scope” basically is to forward historic information to the council and doesn’t know how the process could be improved. He said more open communication with city staff is needed, which Michaud said he always supports.

Councilor Peg Mills said she was confused about the role of the commission, which Michaud said is advisory to the council. She said she would like to see the commission keep an inventory of potentially significant buildings that is updated on a regular basis.

“You’re supposed to know about all the historic features in town,” she said.

Despite Michaud’s hesitation to discuss anything to do with the commission’s appeal of the demolition permit, city attorney Tim Murphy answered procedural questions. He said the council must decide how formal or informal the appeal process will be.

“You’re going to put on a different hat,” Murphy said, noting the council would move from legislative to judicial for the hearing.

Murphy said Maine law requires the council to conduct proceedings with “fundamental fairness,” and allow both the property owner and group appealing to argue their cases. After developing procedures for the hearing, the council must decide if the commission has standing to appeal the permit, he said.

In a recent letter to city staff, 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.

Councilor Leslie Smith suggested Mayor Michaud, City Administrator Rick Michaud and Murphy draft suggested procedures for the appeal hearing. Mayor Michaud said he would do that and the council can consider their suggestion at Monday’s regular council meeting at 7 p.m. at city hall.

The planning board also is expected to further consider plans for the convent, which has been empty for more than a year. The board will consider site plan and subdivision applications for the project at the May 18 meeting, scheduled for 5:15 p.m. in the city hall conference room.

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