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Saco council approves resolution addressing pre‑January 2021 contract zones
Summary
The Saco City Council voted unanimously Nov. 24 to approve a resolution clarifying the status and process for pre‑January 2021 contract zones, after legal counsel said existing contract agreements are likely enforceable despite zoning changes.
The Saco City Council on Nov. 24 approved a resolution that addresses pre‑January 2021 contract zones, moving the city toward a standardized process for reviewing and administering those agreements. Councilor Phil Hatch moved the order and Councilor Johnston seconded; the roll call vote was recorded as 6–0.
Councilor Hatch said the resolution and related language were drafted by City Attorney Leah Raishin and presented to the council after months of review. “After careful review, coordination with city staff, and consultation with legal counsel, the attached resolution has been drafted by city attorney Leah Raishin,” Hatch said, moving approval of the order.
City Attorney Leah Raishin told the council that, based on recent case law and legal analysis, treating contract zones as enforceable contracts is a reasonable interpretation. “I think that is a correct interpretation,” Raishin said, adding that the law court in at least one recent case proceeded on that basis.
Councilor Johnston, who raised questions about the effect of the zoning repeal on contract agreements, asked whether the agreements remain binding; Raishin affirmed the council’s practical reading that contract agreements can continue to be enforceable despite changes to the zoning ordinance. Johnston thanked staff and counsel for the work and said the measure was a step forward while acknowledging it was not a perfect solution.
Councilors emphasized that contract zones should be used sparingly and that staff will develop standard operating procedures to guide future decisions. Councilor John Berman said the resolution “provides some closure and some direction forward,” while urging the next council to use contract zones only where the underlying zoning cannot be changed to achieve a public benefit.
The council approved the order by roll call vote (six in favor, none opposed). The resolution applies to pre‑January 2021 contract zones; council members said they expect additional work on the zoning ordinance and guidance documents in the coming months.
What happens next: the council’s action implements the resolution as drafted by the city attorney and directs staff to follow the updated approach; councillors and staff said they will follow up with a standard operating procedure to govern future contract zone requests.
