Biddeford council rescinds recent land-use amendment, approves comprehensive plan chapters for state review

The Biddeford City Council voted 7–2 on June 29 to rescind an amendment that would have re-designated two parcels at the end of Barrow Road to a rural/farm classification and then unanimously approved forwarding the updated chapters of the city’s comprehensive plan to the State of Maine for review.

Councilor Pearson made the motion to rescind the amendment to the future land use map, which had sought to change the designation of the two lots to protect Thatcher Brook. After a procedural reading of the prior amendment, councilors debated the motion on the dais; no public comment was permitted during the rescission debate. Councilor Lessard said new information and the planning board’s prior votes supported reverting to the prior designation and urged colleagues to honor long-standing infrastructure and prior approvals.

Legal concerns about breaking a joint development agreement (JDA) and contract zoning were central to the discussion. The city solicitor warned that the JDA and contract zone could expose the city to liability and attorney fees if the city breached contractual obligations, saying the agreements allowed the developer to “bring an action in law or equity to enforce this agreement for damages or for any breach.” City Planner David responded that the future land use map is advisory and not an immediate rezoning, noting, “The zoning stands regardless of what is done tonight,” and that he did not believe the state would reject the plan solely because of the map change.

On the roll call, the mayor said seven councilors voted in favor — Lessard, Vadney, Cody, Pearson, Dowdy, Boston and Council President Beaupre — with Councilors Woods and Kurtz opposed. The rescission passed 7–2.

Councilor Lessard then moved to transmit the comprehensive plan chapters, as amended (without the rescinded change), to the State of Maine. City Planner David outlined next steps: compile the chapters into one document, correct minor errors, include supporting studies, post the package online, and submit the map and documentation to the state; he said he expects a response “in the next few weeks.” The council approved the submission unanimously.

The council’s action preserves the planning board–recommended growth-area designation for the parcels in question and keeps the city’s pathway to state review intact while staff provide the state with supporting documentation and studies. The council emphasized the limits of the future land use map (guidance rather than immediate rezoning) and noted that any future rezoning decisions would follow separate processes.

What’s next: staff will send the amended map and background documents to the state, post the final package online, and notify the council when the state responds. The rescinded amendment is no longer in effect.