SACO — The city will decide next week whether to grant a Kinney Shores couple a contract zone that would allow them to sell a piece of undeveloped land as a buildable lot.

The Kinney Shores subdivision was established in 1914, creating a seashore neighborhood of 50 foot by 100 foot lots between Seaside Avenue and the beach.

In 1980, George and Nancy Driscoll acquired two lots of the subdivision on Seaside Avenue. The two lots sat side by side, one with a home, one undeveloped. In 1986, the the vacant property was put in Nancy’s name, and the developed lot remained in both of their names.

In 2009, the couple applied for a building permit for the vacant lot. The permit was denied, and the couple was told the city had merged the two lots as a result of a 1985 amendment to the zoning ordinance. The property, as two parcels, does not meet modern zoning standards.

The city now regards the Driscoll’s property as a single parcel, yet the couple said they were receiving two separate tax bills until 2015.

The Driscolls took the matter to the zoning board of appeals, then to Superior Court and on to the State Supreme Court, all of which ruled that under the city’s zoning laws, the two lots were merged.

The couple applied in 2015 for a contract zone from the city to change the zoning of their property to two buildable lots. It received an unfavorable recommendation from the Planning Board, the City Council voted against a contract zone.

The couple recently went back to the city, asking a second time for a contract zone that would allow them to sell the vacant piece of land next to their home as a buildable lot. 

The Planning Board has again given a negative recommendation of the proposal to the City Council, which will make the final vote on the proposed contract zone on Nov. 20. 

At a public hearing Monday night, Nancy Driscoll said the request fit the criteria for a contract zone. She said the property is unique, and has a buffer of seagrass she and her husband planted between the back of the property and the beach. She said the size of the undeveloped parcel is consistent with lots in the neighborhood, and if the city were to make it a buildable lot, the city would benefit from the added tax revenue.

Kevin Roche, the city councilor for Ward 4, where the Driscolls live, has been a strong advocate for the couple, and it appears incoming Ward 4 Councilor Lynn Copeland, who will take on the position in December, is in support of the couple as well.

Copeland spoke Monday in favor of the contract zone and said she thought the city should vote in favor of the long-time property owners. 

A few residents of the Kinney Shores subdivision also spoke in favor of the proposed contract zone.

“I support them in their endeavor,” said Carl Walker of Cottage Avenue.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or [email protected].