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Fitanides v. City of Saco

Supreme Judicial Court of Maine

March 17, 2015

FRED FITANIDES
v.
CITY OF SACO et al

Submitted on Briefs: December 18, 2014.

Page 1089

Fred Fitanides, appellant Pro se.

On the briefs:

Timothy S. Murphy, Esq., Prescott, Jamieson, Nelson & Murphy, LLC, Saco, for appellee City of Saco.

Susan B. Driscoll, Esq., Bergen & Parkinson, LLC, Saco, for appellees Gordon O'Donnell Living Trust, David Ordway, Elegant Homes, Inc., Cascade Flea Market, LLC, Wayne McClellan, and Michelle McClellan.

Panel: SAUFLEY, C.J., and MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 1090

HJELM, J.

[¶1] Fred Fitanides appeals from a judgment of the Superior Court (York County, Fritzsche, J.) affirming two decisions of the Saco Zoning Board of Appeals (ZBA). The ZBA affirmed the Saco Planning Board's issuance of conditional use permits to Wayne and Michelle McClellan for construction of a disc-golf course on property abutting a campground owned by Fitanides. Because the permits were issued in compliance with the City of Saco Zoning Ordinance, and because Fitanides was not prejudiced by procedural irregularities in the administrative process, we affirm the judgment.

I. BACKGROUND

[¶2] In March 2013, Wayne and Michelle McClellan applied for a conditional use permit to build a disc-golf course[1] in Saco on land abutting a campground owned by Fred Fitanides. The proposed site for the course is located on two parcels of land, one owned by Elegant Homes, Inc., and the other by the Gordon O'Donnell Living Trust. Michelle McClellan is the principal beneficiary of the trust and the manager of Elegant Homes.

[¶3] The proposed site is situated in several different zoning districts. It is located partially in the B-6 district and partially in the B-2a district, and an area surrounding a stream that runs through the property is in the Resource Protection (RP) district. In addition, a portion of the project site is within a Mobile Home Parks (MHP) Overlay district. The B-2a and B-6 districts require a conditional use permit for " [o]utdoor commercial recreational facilities," see Saco, Me., Zoning Ordinance § § 410-6A, 410-9A (April 7, 2003), and the RP district requires a conditional use permit for " [r]ecreation uses involving minimal structural development," Saco, Me., Zoning Ordinance § 410-15 (April 5, 2002). The McClellans applied for both types of conditional use permits. Later, the Planning Board determined that an additional conditional use permit was necessary in the RP district for a footbridge that the McClellans planned to construct over the stream, and the McClellans submitted an application for that permit in July 2013. No application was submitted for conditional approval in the MHP Overlay district.

[¶4] The Planning Board held two public hearings on the disc-golf project, and Fitanides spoke at both meetings. At the end of the second meeting, on May 7, 2013, the Planning Board voted to grant conditional approval for the project and issued conditional use permits for construction in the RP and ...


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