SACO — Some abutters of a proposed housing development on the former Bay View Convent property are saying the contract zone that allowed the project is illegal, and have filed a lawsuit against the city and the developer.

The former convent building at 187 Bayview Road was built in the 1870s as a hotel, and was purchased by the Servants of the Immaculate Heart of Mary, who used the building as a convent and guest house.

The sisters signed a purchase agreement with the Estates at Bay View L.L.C. last year, and the city passed a contract zone in March that allows the developer to create 14 lots on a parcel that would otherwise support 11 or 12 lots.

In exchange, the developer would give the city beach rights; $100,000 toward a sidewalk project; build a public bathroom on the south side of Bay View Road; make improvements to an existing city parking lot; and give the city a 3.6-acre parcel for parking and passive recreational use.

The proposed development has received site plan and subdivision approval from the Planning Board.

“Unlike most cases involving spot zoning, the zone change obtained in this matter was blatantly procured through financial inducements to the city, none of which bears any reasonable relationship to the proposed development,” stated attorney David Lourie in the case.

The city, said Lourie in a phone interview, sold the zoning to the highest bidder.

The suit was filed in August by seasonal residents Joel and Harriot Golder, who are residents in the state of Florida, and Mark and Christine Goretti, and Mona DeAngelo, all of Massachusetts.

The former convent building presently stands next to a pile of debris. The white shingles have been removed from the structure.

David Ordway, attorney for Estates at Bay View L.L.C, was not available for comment by press time.

Lourie states in the case that the value of the abutters’ properties will be decreased by actions authorized in the contract zone, “including without limitation the erection of a permanent structure to be operated as a public restroom in their vicinity and view shed.”

The proposed restroom would be located adjacent to the property owned by DeAngelo.

“My clients were opposed to the project from the start. The toilet merely added insult to injury. Nevertheless, we offered not to sue if the city would agree to no public toilets on Bayview,” said Lourie in an e-mail.

The offer was rejected, so he and his clients went to court, said Lourie.

Lourie also states in the suit that lot sizes in the proposed development have been incorrectly calculated.

Both attorneys for the City of Saco and Estates at Bay View have responded to the case, defending the contract zone agreement.

“In the city’s view, it’s a completely legal contract zone,” said City Planner Bob Hamblen.

Hamblen said the proposed two-stall restroom will have running water and flush toilets, and will be more attractive than the portable toilet that has been used in the area. The proposed restroom will also have equipment storage for lifeguards.

Hamblen said it will be “an upgrade” and “a huge improvement” for beachgoers.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, Ext. 325 or egotthelf@journaltribune.com.