SACO — A Kinney Shores couple has been granted a contract zone from the city to allow a vacant piece of shoreline land to be a buildable lot, but the couple must still challenge the Maine Department of Environmental Protection before anything is constructed on the property. 

The City Council voted 5-1 Monday night to approve a contract zone for George and Nancy Driscoll, with Councilor William Doyle opposed. Councilor David Precourt abstained as he was presiding over the meeting in the absence of Mayor Ron Michaud.

The Driscolls in 1980 purchased two lots on Seaside Avenue in the Kinney Shore subdivision, along the beach. One lot had a home on it, the other vacant. 

Several years later the couple tried to get a building permit for the vacant piece of land next to their home, but learned that the city had combined the two lots, which separately did not meet modern zoning lot standards. 

The contract zone approved Monday night changes the zoning of the property to two buildable lots.

The City Council also approved provisions to the contract zone allowing the lot to be buildable only if DEP approval is obtained and allowing connection to city sewer only with Environmental Protection Agency approval.

The council also approved a provision of the contract zone through which the Driscolls would provide a public easement to the beach.

City Councilor Kevin Roche said the city is working on a solution to mitigate erosion issues on the shoreline, and the easement shows there are community members who are willing to share access of the beach the city is trying to save.

“This is very unique to the city of Saco,” said Roche, and he thanked the Driscolls for allowing the city to have the easement.

City Administrator Kevin Sutherland said he was advising the council not to approve the contract zone. He said the potential legal recourse could put the city in a bad financial situation.

Sutherland said even if the contract zone was granted, the Driscoll’s would not be able to build on the property. He said the city received information Friday from the DEP that the property is not buildable due to restriction in areas of coastal sand dunes.

Councilor Nathan Johnston said that the challenges with the DEP were understood, and by voting to approve the contract zone the city was allowing the Driscoll’s to pursue something.

“It doesn’t start and end with us,” said Johnston. “We’re just one step in a long journey.”

Instead of “being a wall,” he said the city should advocate for the Driscoll’s as it does for commercial property owners.

“It makes no sense,” said Johnston. “You have some of the most valuable property in all of Saco that sits vacant.”

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