Staff Writer

Neighbors of the Bay View Convent in Saco assert in a lawsuit the city of Saco “sold” a contract zone to the developer planning to raze the three-story building.

Developer Tim Swenson, doing business as Estate at Bay View LLC, earlier this year received approval from the city to tear down the building to make way for 14 single-family homes on the beachfront property.

The lawsuit, filed in August in York County Superior Court, alleges a contract zone was effectively purchased from the city in return for improvements to the area. Abutters Joel and Harriet Golder, Mark and Christine Goretti and Mona DeAngelo contend the contact zone is illegal and that the planning board incorrectly calculated lot sizes and setbacks to allow more houses on the site.

Attorneys for Swenson and the city have filed responses to the complaint that deny any wrongdoing during the approval process. The project became somewhat contentious during that process when the city’s Historic Preservation Commission requested the building be designated a local historic landmark. 

The building opened in June 1872 as the Bay View House and was used as a convent by Sisters of the Immaculate Heart of Mary beginning in 1948. The sisters stopped using the building several years ago after moving to Biddeford and Swenson began seeking city approval for redevelopment of the site after entering a purchase and sale agreement.

In the lawsuit, abutters assert the zone change was “blatantly procured through financial inducements offered to the city, none of which bears any reasonable relationship to the proposed development.” 

According to the lawsuit, the developer “offered to purchase a spot zone for the convent property so that it could build more houses than was otherwise permitted.” The lawsuit says Swenson offered to “donate public improvements,” including giving 3.1 acres to the city for additional parking, improvements to the existing city-owned gravel parking lot, construction of a public restroom and storage facility and contribution of funds for a pedestrian walkway in the area.

In a response filed by Saco city attorney Natalie L. Burns, the city admits Bay View applied for a contract zone but denies it offered to “purchase” it. Burns asks for judgment in favor of the city and for the plaintiffs to reimburse all court costs.

David R. Ordway, the attorney representing Bay View, said in a filing the developer did not offer to purchase spot zoning and did not “induce” the city to adopt zoning changes by offering public improvements. Ordway wrote the complaint does not state facts sufficient to constitute action against Estates at Bay View and asked the complaint be dismissed.

 A variety of pre-trial motions are pending, including a request to set a timeline for how the case should proceed.

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