Planning board continues review of 439 Main Street condo conversion after questions over long-term affordable controls

The Saco Planning Board on Tuesday continued the public hearing for a proposal to convert existing commercial space at 439 Main Street into seven residential condominium units with four affordable units, citing unresolved questions about ownership structure and enforceability of a 30-year affordability restriction.

The matter is significant because the board and staff want a clear enforcement mechanism recorded on title to ensure the affordable units remain so over time. City Planner Emily Cole Prescott recommended that the proposed use restriction be filed on the registry of deeds to alert future buyers and to support annual monitoring by planning staff.

Applicant representative Austin Fagan of BH2M said, “This is a 7 unit, residential condo conversion with 4 affordable units.” He told the board the current plan is for one entity to hold all seven condominium units and rent them, though the applicant did not rule out future individual sales. “The applicant is intending to retain these units,” Fagan said, adding that if sold the affordable covenant could be attached to individual deeds and the applicant intends yearly reporting to the planning office.

Board members pressed for clarity on whether the units would be permanently held by a single owner and managed as rentals or sold as individual condos with deed restrictions. Member Jeff Brusciau asked how the town could ensure affordable status if a unit is sold to a qualified buyer who later no longer meets income limits; Emily Cole Prescott answered, “It's usually most programs are at the time of sale, so you can't — you don't get kicked out of your house for something that you bought. However, if you sell the house before the 30 year restriction is up, you still have to sell it to a qualified buyer who meets the affordable restriction at that time.”

The application packet includes updated turning templates and a relocated dumpster; the applicant said there are 30 parking spaces for seven units and that the plan will include ADA-marked and a van-accessible space. Neighbors requested a six-foot fence; the applicant said existing tree cover and a roughly 35-foot green buffer between the parking area and the abutter’s garage should provide screening and the applicant did not intend to build the fence.

Planning staff and the board discussed conditions that would be placed on any approval: specifying which units (presently shown as Units 1A, 1B, 2A and 2B) are designated affordable; recording a use restriction in the registry of deeds; requiring annual reporting if a single owner retains and rents the affordable units; and requiring condo documents and updated affordability plans if the applicant seeks authority to sell units individually.

The board voted 5-0 to continue the public hearing to June 17, 2025, to give staff and the applicant time to produce clarified condo or rental documentation, draft findings and conditions for review, and details about parking, striping and unit designation. No final approval or binding decision was made at the meeting.

The board asked staff to provide draft findings and conditions for the next meeting and to confirm outstanding engineering memos (including a water-utility "ability to serve" email noted in the packet). The applicant also agreed to provide clarified language for deed covenants or condo documents as appropriate for the chosen ownership model.