York Town News
Passaconaway by the Sea withdraws its lawsuit against the town
Citing new goals, developers plan educational forums, petition drive to make the project a reality
By Jennifer L. Saunders
CAPE NEDDICK - The town of York will not be heading to court to decide the fate of a 250-plus unit elderly housing complex and hotel proposed for the Gulf Hill area of Cape Neddick.Seth Spiller of Architectural Design-Build, who is a partner in Gulf Hill Real Estate Investment LLC, said Monday that the development team has withdrawn its lawsuit against the town.
Known as Passaconaway by the Sea, the development caught the public's eye when it was first proposed last year because the preliminary plans included 250 units of elderly housing, a 75-room hotel, additional single-family homes and an undecided number of affordable housing units for the elderly.
From the outset, Spiller said Gulf Hill would pay the cost to bring sewer to the area - which would be required to serve the project - and at the same time, would provide sewer to the Cape Neddick River watershed for the town. The Board of Selectmen, however, disagreed.
Citing passages in the Comprehensive Plan that discourage sewer extensions to the Route 1-6 zone where the parcel is located, selectmen voted not to authorize the York Sewer District to move forward with any such project. From there, it was trips to the Planning Board and Appeals Board for Gulf Hill, and a filing last month in York County Superior Court.
On Monday, however, Spiller said all that has changed.
"We have decided to let the people decide if they want this project," Spiller said. "We've dismissed the lawsuit and we're going to move forward with some informational meetings."
Spiller contacted Town Clerk Mary-Anne Szeniawski to find out the requirements to bring items to the voters by petition, and has learned that a town meeting could be called with signatures from 575 of the town's registered voters.
Spiller said Gulf Hill hopes to coincide its efforts with the November gubernatorial election to schedule the question during a regular election.
"I've put a lot of thought into it and the reality here is that this is a significant project," said Spiller, who is a local resident with close familial ties to the town. "Once people understand all the benefits, I think they will feel it's a no-brainer."
Spiller pointed out that in addition to Gulf Hill paying the cost to extend the sewer line through areas that are currently developed in order to reach the undeveloped property, the addition of 250 market-rate elderly housing units and a hotel would mean tax revenue for the town. Affordable housing, too, is a need in town, he said.
"There's a lot of good in it, and it would just be a shame to win in court and have the perception that it's not what the town wanted," Spiller said.
Reached Monday for comment on Gulf Hill's decision, Town Manager Rob Yandow and Selectmen Chairman David Marshall both said they believe the selectmen's decision would have prevailed had the plaintiff not filed to dismiss the action. State law stipulates selectmen must authorize any sewer extension projects as being in compliance with the Comprehensive Plan and local zoning in order for such projects to proceed.
"I felt very confident the town would prevail in Superior Court," Yandow said.
Marshall agreed, stating, "The law is very clear on this."
Yandow received notification from Bergen and Parkinson, the town's legal counsel, on Friday that the case had been dismissed "without prejudice and without cause" at the request of the plaintiff.
Both Yandow and Marshall said they are not aware of the specifics of Gulf Hill's next move, but added that development projects cannot be approved by petition. Instead, both said, all developers must follow the town's mandatory planning and review process.
Gulf Hill could, potentially, petition for a zoning or Comprehensive Plan change to allow the project to move forward, however. At this point, Spiller said, Gulf Hill is focusing on getting the word out about the project itself and not the specifics of the petition effort.
"It is unclear at this time the exact wording of the petition that is required to let the people decide in favor of this project," Spiller said, adding, "that will be something the selectmen, town planner, Planning Board and likely Appeals Board will have to weigh in on."
The reality is something will be built on the 200-acre parcel, Spiller pointed, adding Gulf Hill would like to involve the town in a positive outcome.
"Bottom line, if the people want this project, then York will have it," he said. "Otherwise, the option of a subdivision will likely be the direction taken for this parcel of land."
Associate Editor Jennifer L. Saunders can be reached at jsaunders@yorkindependent.net.
