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Planning Board delays decision on 439 Main Street affordable-housing conversion pending attorney-drafted affordability covenant
Summary
The Planning Board continued review of an application to convert office space at 439 Main Street to residential units after staff and the applicant agreed to finalize a recorded restrictive covenant and to have the city attorney review monitoring and enforcement language.
The Saco Planning Board on July 1 continued its review of an application to convert existing office units at 439 Main Street into residential dwelling units with rental affordability restrictions, asking the applicant to record a declaration of affordability that an attorney will draft and to return with finalized conditions for review on Aug. 12.
City Planner Emily Cole Plescott told the board the applicant, Jackson Brown, had selected rental restrictions for four designated affordable units and that counsel at Bernstein Shur (land-use counsel) and attorney Grady Burns were preparing a declaration the board could accept for recordation. "Grady is putting together a declaration that we can use for this application to restrict it for affordability," Plescott said.
Board members asked for clarity on who would enforce the covenant, how long the applicant would have to record it, and annual monitoring. Plescott advised that the city of Saco would likely be designated as the enforcing party unless the board appointed an acceptable third party, and she recommended 30–45 days after decision for recording. Planning member Jim Moyer said he wanted the covenant language and the city attorney's final review before any final vote.
Applicant Jackson Brown said the conversion will keep the units recorded as individual condominiums on the tax rolls but held under common ownership and used as rentals. "They're gonna be 7 condos, but like we said, I'm gonna hold all of them. They're gonna be all rentals. They're still gonna remain as condos," Brown said to clarify ownership and taxation status.
The board and staff agreed the legal declaration should list unit numbers that will be restricted, the rental amounts or restriction formula, and an annual reporting requirement to the planning department. The board voted 4–0 to continue the matter to Aug. 12 to allow the city attorney to review and finalize the restrictive covenant and updated draft conditions of approval.
