LEWISTON — The state’s top court ruled Tuesday in favor of Hannaford Bros. Co., giving the major grocer the green light to break ground on construction next spring in Turner.

The Maine Supreme Judicial Court affirmed the judgment of a lower court decision that the Turner Planning Board properly gave Hannaford the nod last year to build a supermarket at the corner of Route 4 and Snell Hill Road.

The company’s plan was opposed by Susan Bizier and other residential abutters in the area who followed the application process through permitting at the Planning Board level. The group appealed the Planning Board’s decision in a lawsuit filed in Androscoggin County Superior Court in April 2010. That court upheld the Planning Board’s decision in February.

Both sides argued their cases before the high court last month.

At issue were two points where, the plaintiffs argued, the lower court had erred.

Plaintiffs who opposed the permitting said the lower court should have ruled that the plan did not “relate harmoniously and in good scale with the natural terrain and surrounding development in the area,” as required by the local zoning ordinance.

An attorney for the plaintiffs told the seven-member panel of judges in October that the proposed 36,000-square-foot building would dwarf the surrounding residential buildings whose footprints average 1,000 square feet.

In reaching its decision, the high court reviewed the ordinance, which provided nearly a dozen guiding principles for aesthetic consideration, including materials, building components, colors, mechanical equipment and lighting. The high court wrote that it gave “substantial deference to the Planning Board’s characterization and fact-findings as to what meets ordinance standards.”

The plaintiffs also argued that Hannaford’s plan, as approved by the Planning Board, would create an illegal nonconforming back lot if it were to purchase a portion of the so-called “Jordan lot” for its planned supermarket. Purchase of that lot would leave Jordan with only 65 square feet of road frontage on Snell Hill Road.

After carefully reviewing the town’s zoning ordinances, the high court concluded that the purchase would create a back lot for Jordan, but it wouldn’t be illegal because he would be able to access a public street by way of a private right of way.

“The Planning Board did not err in failing to conclude that the resulting Jordan lot would be an illegal back lot pursuant to the zoning ordinance. Although Jordan’s new lot will be a back lot, it satisfies the requirements of (the applicable ordinance section), which is an exception to the frontage requirements of (the relevant ordinance section).”

Hannaford spokesman Mike Norton said Tuesday the high court’s decision was welcome news.

“We’re obviously pleased,” he said. “We’re excited to be coming to Turner.”

The town’s Planning Board made a thorough review of his company’s plan, he said. It “reflects a quality process. We appreciate that,” he said.

The company likely will break ground next spring and hopes to open its doors at that location sometime during the winter of 2014.

cwilliams@sunjournal.com

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