The Portland Planning Board tabled a proposal Tuesday to build dozens of condos in North Deering, saying it is because one of the developers failed to pay nearly $12,000 in fines owed to the city and a nonprofit that manages a public nature preserve near the site.

That developer, Mark McClure of GenX Capital Partners, has been demoted after his business partner, city officials and community members voiced concerns about his financial standing and ability to carry out the work.

Peter Bouchard, who sold the land to McClure, said he has taken over.

GenX, which has developed properties in Maine and Florida, proposed 54 condominiums, spread between nine duplexes and 12 triplexes at 1 Hope Ave. The area borders the 48-acre Presumpscot River Preserve.

Bouchard said plans originally called for 60 units but that he scaled the project back and added trailhead parking spots for the preserve, among other changes, after hearing residents’ complaints.

Eight of the units would be reserved for affordable housing under the city’s inclusionary zoning ordinance. The developer will pay $1 million to the city’s housing fund in lieu of building the additional six affordable units that would be required by the ordinance.

The project was up for planning board approval following a public hearing Tuesday night, but the board could not take action with the outstanding debt. Another meeting date has not been set.

McClure incurred $11,600 in fines for tree damage and tree removal without a permit. He had agreed to pay the fines — $1,600 to the city and $10,000 to Portland Trails — by Dec. 1. But the city filed a contempt order against McClure in January, and a city spokesperson said Wednesday that the fine still has not been paid. It was not clear Wednesday if Portland Trails had received its payment.

Neighborhood residents have cast doubts on the company’s financial capability to complete the project, citing the city’s contempt order and financial documents showing liens and back taxes on other properties. Neighbors and conservation groups have also expressed concern about the development’s potential impact on the Presumpscot River Preserve, particularly the risk of landslides.

In October, the Planning Board requested a third-party geotechnical review of the soil, which is expected in the next few weeks and was another reason the board decided to table the vote. 

‘NEVER MEANT TO BE MY PARTNER’

Bouchard on Tuesday appeared to try to distance himself from McClure.

Bouchard told the Planning Board that he had originally intended to develop the property but sold it when his daughter got sick. McClure purchased the land for just shy of $1 million but, according to Bouchard, didn’t hold up his end of the bargain.

“McClure defaulted two times to me on over half a million dollars,” Bouchard said.

Rather than taking the issue to court, Bouchard said he agreed to take over the project, which he called a “disaster,” under the condition that McClure was stripped of any control.

“He was never meant to be my partner. He just owed me money,” Bouchard said. “We don’t want our name associated with (McClure and GenX). I’m here to fix the problem for the neighbors, and obviously for me, I’m not going to deny that, because of the money that I’m owed on my mortgage.”

He said that his team of three would be the only ones to represent the project, though McClure does still have a financial interest in it.

“Mark McClure is not going to build a doghouse,” he said.

The exact relationship between Bouchard, McClure and GenX, as well as which parties are involved in the project and how, was still murky Wednesday. Bouchard declined to provide specifics and said he would only speak with the planning board and city officials until the project has been approved.

‘IN NEED OF REBRANDING’

On Tuesday, board member David Silk said there were still fair questions about who the applicant was, as most of the planning board materials — including the letters  meant to prove the applicant’s technical and financial capability to complete the projects — reference McClure and GenX. Bouchard is only mentioned once, as the project’s representative.

Planning board members requested that if Bouchard is indeed now heading the project, he submit more materials before the next workshop, including a clearer explanation of the development team’s structure, proof of his financial capabilities and examples of his previous projects.

It was not clear whether Bouchard will just submit the additional materials or submit an entirely new application that better clarifies his role as the project lead.

Austin Smith, a planning board member, said it was “one of the sloppiest applications” he has seen. 

“I know you’re stuck in a difficult place in this transition between ownership, but I’ve never seen a project more in need of rebranding,” he said. “You’ve got the title of GenX and the history of GenX. I would rename this project; I would restructure it.”

Board Chair Brandon Mazer said there was still a lot of information missing before the project was ready for “prime time.”

“I think it’s good that we’re tabling this, because I don’t think you would have liked the vote,” he said.