By Nate Jones

Staff Writer 

Surrounded by intense retail and commercial development, 85 Western Avenue in South Portland has been occupied solely by a few trees and various woodland creatures for the past 40 years. It may remain that way if abutting property owner Vincent Maietta – who has had his eye on the 1.45-acre parcel for a new retail shopping plaza since April – can’t shoulder the cost of relocating a Fairpoint Communications fiber optic line beneath a section of Gorham Road on the property. 

“Deluca Hoffman [engineering firm] looked at the site and estimated $80,000 to $100,000 to move the utilities,” Maietta said. “They didn’t realize there was a fiber optic line. Now, it’s over $400,000 [including $221,000 for the fiber optic line] to move all the utilities, which was a shock and disappointment to me.”

Maietta has already entered into a $600,000 purchase and sale agreement for the property with the city after receiving positive feedback from the council and the endorsement of the economic development committee in April. The additional cost would bring the total cost for the proposed retail plaza project to more than $1 million.

“It could easily be one of the best looking buildings I’ve built there,” Maietta said during his April presentation to the council.

Per the agreement, the costs of relocating all current utilities on a portion of Gorham Road to be disbanded are the responsibility of the developer, City Manager James Gailey said. However, with the fiber optic line there’s a catch: the city cannot prove it should even be there.

“There is no recorded document for an easement on that road,” Maietta said. “The fact the city doesn’t have any official easement documents seems a little suspect.” 

Gailey said any easement would have been recorded by the city more than 15 years ago and may simply be hidden in city records. Councilor Linda Boudreau said it was unlikely the fiber optic line was installed without first being approved through proper city procedure.

“You don’t just go and dig up a street without anyone noticing,” she said.

Fairpoint Communications spokesperson Jeff Evans said the company had located evidence that New England Telephone – the original owner of the line – obtained a permit for the fiber optic line in 1988 and installed it the following year. Evans said he had not yet informed the city of their discovery on Monday.

“There is an underground conduit and overhead utilities,” Evans said. “There is a lot of infrastructure there.”

Maietta said he is still motivated to purchase the property as long as the city is able to provide a clean title and absorb some of the cost of relocating the fiber optic line.

“There is a [Tax Increment Financing District] in that area,” he said. “Perhaps some of that money could be used.”

Maietta’s legal counsel, Tim Norton, encouraged the council to consider asking Fairpoint Communications to move the fiber optic line to allow the project to move ahead. 

“I believe any money that’s spent would eventually be paid to the city in raised property values,” he said. “You people have the power to ask them to relocate those utilities because you’re disbanding the road.”

Councilors Kay Loring, Tom Blake and Boudreau said they believed it was the city’s responsibility to clear up any easements associated with the property’s title before a sale, while others were in favor of involving all three parties (Maietta, Fairpoint Communications and the city) in discussions before taking action. 

“I’m all for helping [Maietta] with [his] rights but I want to make sure we’re not fighting a legal battle [Maietta] could fight yourself,” Councilor Claude Morgan said.

Maietta said he had already received positive feedback from Fairpoint Communications after offering an easement for their fiber optic line on abutting property he already owned and expected they would be open to suggestions from the council before any legal action is pursued by either his legal counsel or the city’s.

“We’re in muddy waters here,” Mayor Jim Soule said. “I’d certainly like to do some work without two attorneys in the room.”