Resident asks Saco council to seek second legal opinion on contract zones and development vesting

At the March 24 meeting, resident Kelly Archer addressed the City Council during public comment to challenge a legal opinion provided to the planning board about contract zones and vested rights, and to request that the council direct the administrator to seek a second legal opinion from the city solicitor, Rasheen.

Archer said she had reviewed “attorney Katia Fica’s legal opinion” and disagreed with its premise that contract agreements and vesting rights were not explicitly repealed by a zoning ordinance change. She argued that “when the zoning ordinance was repealed, so were its CCAs and CZs” and that the only vested rights would belong to developers who hold valid building permits.

Archer told the council planning board members received the opinion on March 18 and that the planning board was scheduled to discuss it on April 15. She said she will submit a written follow‑up and requested the council “engage and direct the administrator to seek a second legal opinion from city solicitor Rasheen.”

She also raised other concerns: that a pending extension and refund negotiation related to one or more solar developers should be reviewed by the city solicitor; that a deputy administrator of community development position listed in the budget book should not be filled by a lateral transfer; and that the city needs new personnel “for the administrator to appoint” to address long‑standing operational issues in code enforcement and planning.

These comments were delivered during the public comment period; the transcript shows the council did not take formal action on Archer’s requests during the meeting.