By Wayne E. Rivet

Staff Writer

As Justin McIver waited for Maine’s high court to decide the fate of his proposed Hotel Bridgton project, the local developer was “at peace” regarding the final ruling.

“I was at peace with any outcome. I’ve learned a lot going through the process. I’ve learned that sometimes things happen and things happen for a reason. You have to be okay with any outcome if you are going to be at peace. So, I was okay with any outcome. If it was not to be, it wasn’t meant to be and I was okay with it,” the owner of Main Eco Homes said in a BN phone interview Tuesday.

After four years of presentations, revisions, deliberations, approvals and court remands, McIver finally heard two words he had longed to hear: Judgment affirmed.

The Maine Supreme Judicial Court “affirmed” Hotel Bridgton’s approval by the Town of Bridgton’s Planning Board last Thursday, Jan. 13. 

Oral arguments were made before the high court on Dec. 8, 2021.

“When my attorney called me, it brought a tear to my eye. It was a long road, but worth it all. Everything worked out the way it was supposed to. Everything happened for a reason. I’m super excited about it. A little surreal. I’ve been working on this for almost eight years overall — over four years when we put the application together.  Obviously, made a lot of sacrifices, but it’s worth it,” McIver said. “It is a much better project today because of everything that happened. The timing is much better too, getting through this pandemic.”

Attorney David A. Lourie of Cape Elizabeth, representing appellants Susan Hatch, Judy von Sicard and Sigvard von Sicard (the “Neighbors”), argued that the Bridgton Planning Board erred by approving a site plan that included “filling and earthmoving” in the Stream Protection District — a use that Bridgton’s Shoreland Zoning Ordinance prohibits.

The justices ruled, “Contrary to the Neighbors’ contentions, the Bridgton Planning Board did not clearly err in characterizing the proposed installation of a storm-water management and phosphorus control system as ‘soil and water conservation practices.’ A planning board’s characterization of proposed uses in an application for a local land use permit presents a mixed question of law and fact. Where, as here, the classification of a particular activity as part of a more comprehensive use is premised on a planning board’s factual finding, we review the board’s finding for clear error. Because competent evidence existed to support its classification of the elements of the plan’s design located in the Stream Protection District, the Planning Board did not clearly err.”

The justices also found “the conflict-of-law provisions in Bridgton’s Shoreland Zoning Ordinance and Site Plan Review Ordinance are not implicated because competent evidence supports the finding that Saunders Mill’s application included only land use permitted in the Stream Protection District, and those uses are not inconsistent with the Site Plan Review Ordinance.”

The decision paves way for demolition of the former Saunders Mill and construction of a 66-room “boutique” hotel, which includes a fitness center and indoor pool. The 2.8-acre site abuts Bacon and Kennard Streets.

As part of project approval, McIver will have two years to build the facility. While he is anxious to get started, there are “quite of few things that need to get done before construction starts,” McIver noted.

“There’s been a lot of waiting, but the timing is right,” he said.

When word of the court decision reached social media last week, some people raised concern over the future of Western Maine Dance and Gymnastics, which currently uses portions of the old mill. 

McIver noted that MEH has acquired an eight-acre parcel, next to Lampron’s, off BRAG Way with an eye to build warehouse and storage space.

“The hope is to work with the dance company to try to get them into one of the garage-type buildings because they need a tall ceiling and big open space. We’re looking to do a kids’ center there — which seems like a good fit with the sports complex nearby,” McIver said. “It’s really something we’re going to try to make work.”

Since the ruling, McIver has “received a lot of positive feedback” regarding adding a hotel to Bridgton’s changing economy.

“We used to have three plus hotels here in Bridgton. Some were four stories. We’re not changing anything, we’re bring it back to what it used to be (having a hotel in the downtown area),” McIver said. “How can you be a tourist town when you don’t have a place to stay? We need a hotel. We have camps that have said they will pay us in full ahead of time for specific weekends. They want to book the entire hotel. There’s obvious a big demand and need for it.”

Several times, McIver reiterated his appreciation of the support he has had through the process, as well as many people “understanding the vision” in redeveloping Bridgton.

“It’s a big win for Bridgton,” he said. “Hopefully, once this is done, maybe the people that are concerned won’t be quite as concerned when they see how beautiful and nice the hotel is, and what an addition to the town it will be.”

Long, costly process

Reaching a final decision regarding Hotel Bridgton was a long, twisting road covering four-plus years, numerous meetings and hearings, studies and revisions, deliberations and decisions, and ultimately three appearances before the courts — two in front of Superior Court Judge Thomas McKeon, and finally before the Maine Supreme Judicial Court.

Bridgton taxpayers were also along for this wild ride. Legal counsel was present at hearings and board deliberations, as well as representing the Town of Bridgton when the case landed on both the Superior Court and Supreme Judicial Court benches.

Agnieska A. Dixon, Esq. and Benjamin J. Plante, Esq. of Drummond Woodsum of Portland represented Bridgton. 

While final fees will be forthcoming, Bridgton Town Manager Robert Peabody pegged legal costs associated with the Hotel Bridgton project at $43889.121.