SACO — As time elapses on an agreement to prevent erosion on Saco Island, officials will decide this spring on a course of action for the as-of-yet undeveloped property, whether it’s to replace the trees or plant grass in their place.

Saco Island East, also known as Factory Island, was purchased by J&B Partners in 2017 for $1.5 million. Prior to submitting redevelopment plans for “The Waters” project to the city of Saco for approval, the firm hired a third-party to clear the site of trees. Since the property is within the jurisdiction of both the city of Saco and Saco River Corridor Commission, such clearing should have been approved with both entities prior to removal.

According to a Dec. 7, 2017, story in the Biddeford Saco-Old-Orchard Beach Courier, Saco Code Enforcement Director Richard Lambert said aside from a buffer area along the edge of the river, between 30,000 and 70,000 square feet of the 6-acre lot was cleared of trees.

In November 2017, a stop-work order was issued to the development company, of which developer Bernie Saulnier is a partner, to stop the removal of trees, citing erosion concerns. As the city shoreline zoning ordinance regulates the removal of trees within 250 feet of the Saco River, plans must first be submitted to ensure that removal falls in line with city standards.

Though initial reaction to the clearing including talk about fines, it was decided that fines would be waived and an agreement was reached to remediate erosion concerns between J&B Partners and the city of Saco.

The agreement, signed Feb. 14, 2018, states that work must commence on the development within a year of signing the agreement, or the developer would have to replace vegetation that was removed from Saco Island. According to the agreement, the date to start work lapsed a little more than a month ago, in February 2019. As plans for redevelopment haven’t begun, J&B Partners must revegetate the area within six months. According to the 2018 agreement, $50,000 was placed in escrow with T.D. Bank to be used for remediation.

Saulnier had presented “The Waters” to the Planning Board during an August 2018 site walk of the parcel. Plans include two condominiums, retail space, a boutique hotel developed by Jim Brady of the Press Hotel in Portland, and the second location of Nonesuch River Brewing. The project is estimated to generate $800,000 in annual property tax revenue for the city of Saco.

Plans for the development have remained in limbo following the tabling of the project by the Saco River Corridor Commission. However, recent developments have indicated a new financial partner for the project. In January, Saulnier said plans for the project were progressing, however there were “many moving parts.”

City Administrator Kevin Sutherland said the council was made aware of the sunsetting agreement during a January workshop, but would wait until the ground thaws to make a decision on moving forward with revegetation. The council plans to take action this spring to continue with erosion control, as soil run off into the Saco River is of high concern. He said he hopes there will be a plan in place for redevelopment by fall.

“Ideally, the best course of action is to plant grass in the spring (just as effective for erosion control and water absorption in the affected area) with the hope that the project is approved by fall,” Sutherland wrote in an April 5 email. “If not, we would use the remaining resources to plant trees.”

Saulnier did not comment on the story.

Contact Staff Writer Abigail Worthing at news@inthecourier.com.