RAYMOND – The Maine Supreme Judicial Court has struck down the latest legal action by a citizens’ group that opposes a proposed parking lot on Raymond Cape.

Despite the legal setback for the group known as the Friends of Raymond Cape, it appears that the Raymond Planning Board, after nearly two years of deliberation, is set to reject the parking lot application, according to members of the board and town administrators. The vote was scheduled for Wednesday night, after the Lakes Region Weekly’s deadline.

In a draft decision drawn up by town staff, the application was denied on the grounds that the proposed four-way intersection with Cape Road and Ferry Landing Road would be unsafe and that the proposed parking lot is too small.

“That decision didn’t go through,” said Danielle Loring, Raymond’s code enforcement office administrative assistant, in reference to the Supreme Court’s ruling. “But the board ended up not finding in favor of the project anyways.”

In 2012, the town of Frye Island submitted an application to the Raymond Planning Board to build a 43-car parking lot on land it owns on Raymond Cape across Cape Road from the Frye Island ferry terminal. The proposed parking lot and ring road was designed to reduce traffic backup on Cape Road during busy periods. Construction for the proposed project was planned to occur on 25 acres of undeveloped land that the town of Frye Island purchased in 2005 for $260,000.

In March 2013, before the Planning Board had ruled on the application, the Friends of Raymond Cape filed a lawsuit demanding that the Raymond selectmen issue a warrant for a moratorium on all current applications for major site plan review within the town’s shoreland zones for at least 180 days. The moratorium, according to the suit, would last until the town had issued a warrant to amend those zones, and bring them into compliance with their interpretation of the town’s comprehensive plan.

After the Maine Superior Court dismissed the Friend of Raymond Cape’s request for a moratorium, the group appealed the decision. On March 6, the Supreme Court, which is the state’s final court of appeal, dismissed the case, but also rejected a joint motion from the towns of Raymond and Frye Island that the Friends of Raymond Cape, having filed a “frivolous” appeal, provide the towns with funds for legal fees and other costs.

“We affirm the dismissal because the decision to adopt a moratorium is a legislative choice that is discretionary in nature,” wrote the Supreme Court panel.

In a written statement, Barb Lovell, a member of Friends of Raymond Cape, emphasized that the court had not weighed in on the group’s contention that the proposed park-and-ride facility does not conform with Raymond’s comprehensive plan.

“The (Supreme) Court only denied the Friends Of Raymond Cape’s requesting the town of Raymond place a moratorium to preclude a decision by the Planning Board regarding the Frye Island Park and Ride Facility pending further consideration of the comprehensive plan and the shore land zone provisions requirements,” Lovell wrote.

Lovell also wrote that the two towns’ request for sanctions, which she characterized as “essentially financial punishment,” was filed “against us for basically trying to protect the Cape from Frye Island’s self-serving attempt to make the Cape their municipal parking lot.”

“It is incredible that a project opposed by over 200 Cape residents should receive such aggressive treatment from the town of Raymond leadership,” Lovell wrote. “We are heartened that the [Supreme] Court found in our favor.”

Raymond Town Manager Don Willard declined to comment on the Supreme Court’s ruling. But the town’s attorney, Mary Costigan, said that the group’s legal challenge had reached a dead end.

“It’s over,” Costigan said.

In the press release, Lovell indicated that the Friends of Raymond Cape would potentially continue to oppose the proposed parking lot.

“This decision does not preempt further actions in opposition to the Frye Island project,” Lovell wrote.

According to the Planning Board’s draft decision, the proposed parking lot and four-way intersection creates a “safety concern.”

“That new intersection would have vehicles and pedestrians crossing in all directions and would also have two nearby drop-off spots for the unloading of passengers and luggage,” the decision reads. “In addition, the project would introduce a greater number of trips to the Quarry Cove Road entrance, which introduces a greater impact on the private road for trip impacts and turning-movement safety. Due to the four-way intersection and new traffic movement to the one-way entrance and exit, the project will not maintain safe and healthful conditions. Rather, the project will make that area of Raymond Cape less safe.”

Another major Planning Board concern is that the proposed parking lot is too small, according to the draft decision.

“According to the applicant, approximately 55 residents will use the parking lot to store a mainland vehicle, and 25 spaces will be of demand on the weekends,” the draft decision read. “A 43-space parking lot is therefore not adequately sized for the proposed use and will fail to remedy the current concern of vehicle parking along the side of Cape Road. Therefore, the project is not in conformance with the provisions of Section 15, Land Use Standards.”

According to Frye Island Town Manager Wayne Fournier, the Frye Island Board of Selectmen has not yet decided whether to appeal the Planning Board’s decision, assuming the application is rejected.