Bizier v. Town of Turner
2011 ME 116
Me.2011Background
- Hannaford proposed a 36,000-square-foot grocery store with a drive-through pharmacy on a 7.8-acre site at the Route 4 and Snell Hill Road corner in Turner.
- Hannaford planned to buy part of the adjacent Jordan Lot, reducing Jordan Lane frontage from about 233 feet to roughly 65 feet while retaining Jordan Lane access to Snell Hill Road.
- The Biziers own a parcel on the opposite side of Jordan Lane and joined a local group opposing Hannaford, forming the Turner Village Preservation Committee.
- The Turner Planning Board conducted a multi-year review in 2009, including workshops, hearings, and public comments, before granting the permit with conditions on March 10, 2010.
- The Biziers and other abutters appealed to the Superior Court under 30-A M.R.S. § 4353(1) and M.R. Civ. P. 80B; the Superior Court affirmed on February 10, 2011.
- The Biziers contend Hannaford’s plan would not relate harmoniously to the terrain and surrounding development and would create an illegal back lot; Hannaford argues otherwise under the Zoning Ordinance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the store relates harmoniously to surroundings under §5(E)(2). | Biziers assert the building size and design fail the harmony requirement. | Hannaford contends the ordinance evaluates multiple non-size criteria and supports the Board’s findings. | Board’s harmony findings affirmed; no error or abuse evident. |
| Whether the Jordan lot would constitute an illegal back lot under §2(F) and related provisions. | Biziers claim the Jordan lot would be an illegal back lot creating a nonconforming frontage situation. | Hannaford contends the lot qualifies for back-lot development under §4(A) and §§3(1), 8. | Jordan lot satisfies §4(A) back-lot exception; permit not barred. |
Key Cases Cited
- Aydelott v. City of Portland, 2010 ME 25 (2010) (de novo review of ordinance interpretation for planning decisions)
- Anderson v. Me. Pub. Emps. Ret. Sys., 2009 ME 134 (2009) (burden on appellants in M.R. Civ. P. 80B review)
- Town of Vassalboro v. Barnett, 2011 ME 21 (2011) (substantial deference to board findings on ordinance standards)
- Rudolph v. Golick, 2010 ME 106 (2010) (standard of review for planning decisions; substantial evidence)
- Jordan v. City of Ellsworth, 2003 ME 82 (2003) (substantial deference to planning-board findings)
- Kittery Retail Ventures, LLC v. Town of Kittery, 2004 ME 65 (2004) (retroactivity and vested rights considerations in zoning amendments)
- Stewart v. Town of Sedgwick, 2002 ME 81 (2002) (courts interpret zoning terms by plain meaning and purposes)