Although a recent joint press release paints a picture of renewed cooperation between the University of New England and the city of Biddeford, that relationship will soon be tested by the harbormaster’s refusal to relocate nearby moorings

By RANDY SEAVER | Editor

On paper, it would appear that the University of New England now has almost everything it needs to begin construction of a controversial, 180-foot research pier on the Saco River.

But a recent joint press release issued Thursday morning by UNE and Biddeford Mayor Liam LaFountain glosses over one very significant stumbling block.

Paul Lariviere, the city’s harbormaster, says he will not give his legally-required approval so that a building permit for the pier can be issued. He also says he will not relocate any existing moorings to clear the way for the new pier.

Despite the fact that the city and UNE now appear to be on the same page about the proposed pier, Lariviere says he is legally prohibited by state and maritime law from moving any existing moorings.

Lariviere has repeatedly said that the university’s new research pier will adversely impact “several” nearby vessel moorings.

The university, however, says their project will only impact two current mooring locations, and have offered to reimburse the city for any fees required to move those moorings.

According to Biddeford’s ordinances, any proposed pier on the river or coastal shoreline requires the harbormaster’s approval.

Lariviere’s adamant refusal to give his approval for the project or relocate the moorings sets the stage for a legal showdown between the city and its harbormaster.

On Wednesday, Interim City Manager Cornell Knight declined to speculate how the city will proceed if Lariviere maintains his hardline stance.

“I guess we’ll cross that bridge when we get there,” Knight said only hours before the Biddeford Planning Board voted 3-2 to give UNE a one-year extension on its previously approved application.

The battle of wills between the city and its harbormaster places yet another burden on the shoulders of city leaders who are already wrestling with a variety of controversial issues at City Hall.

Moreover, the city is on the cusp of hiring a new city manager later this month. The ongoing pier controversy will likely be one of the first issues the new manager will need to tackle.

The role of the harbormaster?

Maine law requires that municipal harbormasters must be qualified through specific training and continuing education related to their roles and responsibilities.

Lariviere says his hands are tied by state and maritime law and that he cannot relocate a mooring without very specific reasons.

“You can’t just pick up a mooring and move it a few hundred feet,” Lariviere said. “There are procedures and several factors to consider — never mind the requirements of following federal, state and local laws.”

Lariviere says he can only relocate or terminate an existing mooring under three specific circumstances: the mooring interferes with navigation for other vessels; if the mooring is damaged or poses risk and/or harm to other vessels; or if the mooring lease holder does not pay his/her annual mooring fees to the city.

“You can’t just pick up
a mooring and move it
a few hundred feet.”

— Biddeford Harbormaster Paul Lariviere

Other than those specific exemptions, Lariviere says he simply cannot move any mooring just because another party wants to construct a project on the river. Moreover, Lariviere says there is a waiting list with a backlog of individuals hoping to secure a mooring location on the Saco River.

According to Lariviere, determining a mooring’s location is a unique process that takes into consideration the vessel’s size and type as well as the impacts of both tide and weather conditions.

During Wednesday’s Planning Board meeting, City Attorney Harry Center told board members that the harbormaster’s approval is not required for the project to proceed.

Center reminded board members that one of the pier’s most vocal opponents repeatedly said the city’s harbormaster serves “merely as an advisor” to the city with no legal authority to block a particular project.

A longstanding controversy

Biddeford’s harbormaster has been a central and controversial element in the ongoing saga about UNE’s proposed pier for more than two years.

There was public uproar when former city manager James Bennett sidelined the harbormaster, claiming that Lariviere had demonstrated a clear bias against the university by making critical statements about the proposal before it was even submitted to the city for approval.

Although Bennett was relieved from his position a few months after he sidelined the harbormaster from review of UNE’s proposal, Center says Bennett did the right thing with regard to the harbormaster.

Specifically, Center points to the minutes of a February 2024 joint meeting of Biddeford’s Harbor Commission and the Shellfish Conservation Commission.

Lariviere was invited to attend that meeting and publicly stated then that he would not approve the pier as it was being proposed.

UNE officials say they were not notified of that meeting and said the harbormaster’s statements represented a clear bias against the university.

Bennett and Center agreed that the harbormaster’s remarks would taint the application process and could expose the city to potential legal claims.

What remains unclear – more than two years later – is why Bennett also sidelined Randy Desmaris, the city’s assistant harbormaster, from any review of the project. There is no record of any statements made by Desmaris regarding the pier.

Bennett’s decision created a murky scenario. Both Lariviere and Desmaris were allowed to keep their jobs, just restricted from any involvement with UNE’s pier proposal.

Bennett’s decision to sideline Lariviere was never reversed by his successor – former city manager Truc Dever, nor by current interim City Manager Cornell Knight.

In August 2025, the Biddeford Planning Board voted 3-2 to approve UNE’s proposal. That application, which required signoff by a harbormaster, was instead signed by Wayne Duffett, an engineer from TEC Associates who the city hired as a proxy for the harbormaster.

Lariviere says Duffett is not a certified harbormaster as outlined by Maine law, and thus the ensuing permits from the city are not valid.

The battle lines have been drawn

Over the last two years, a handful of nearby mooring lease-owners have raised objections about the proposed pier, saying it will adversely impact their marine livelihoods.

The university has consistently said that it will pay to relocate any nearby moorings that will be impacted by the new pier.

The mooring leases are renewed by the city each year, but some of those lease holders have repeatedly and strenuously said they “will not move” simply to accommodate the university.

Center says the planning board’s approval specifically states that the city will relocate any moorings necessary for construction and operation of UNE’s research pier.

It remains unclear about how exactly the city will go about moving the moorings, since the harbormaster is in charge of mooring locations.

When previously asked if he was concerned about possibly being fired by the city, Lariviere said the law is on his side and he cannot be compelled to violate state and federal maritime laws.

Pressure from UNE attorneys

Thursday’s joint press release clearly states that the city will relocate the moorings, but that question apparently caused some tension less than 48 hours earlier – during the tail end of Tuesday’s city council meeting.

According to the joint press release, the university has agreed to drop a lawsuit they filed against the city in May.

But several of UNE’s attorneys were overheard pressuring Center on Tuesday just before the council entered a closed-door executive session meeting.

Ron Schneider, UNE’s chief legal counsel; and Brandon Mazer, a partner at Perkins Thompson who is working with UNE, could be heard insisting that specific language be used if the city wanted the university to drop its lawsuit against the city.

And then again, on Wednesday — just moments after the planning board narrowly approved a time extension for UNE’s permit – the same group of attorneys again seemed intent on getting a similar concession from interim city manager Cornell Knight while discussing the project in a hallway outside the city manager’s office.

When pressed by this reporter, both Schneider and Mazer flatly refused to simply say if they would drop their lawsuit against the city — only 16 hours before the joint press release was issued to area media outlets.  

A new chapter begins?

In May, UNE President James Hebert claimed the city’s relationship with UNE was “broken.”

According to Thursday’s joint press release, that relationship has been substantially healed.

“I encourage residents to
stay engaged as we work
toward clear standards
for future development.”

Mayor Liam lafountain

The city’s decision to lift important moratorium requirements and the planning board’s subsequent decision to extend their prior approval of the project were described as “a milestone in a collaborative effort to advance key projects that support education, research, economic vitality and the long-term interests of the Biddeford community.

“This week marks an important step forward for both the University of New England and the city of Biddeford,” said UNE President James Herbert.

“While there were disagreements along the way, this outcome demonstrates what is possible when people remain focused on finding constructive solutions, Herbert added.

Biddeford Mayor Liam LaFountain said the city has taken residents’ concerns about institutional development along the Saco River seriously.

LaFountain pointed to creation of the Institutional Zone Review Committee; a temporary moratorium on development at the Biddeford campus; and a legal challenge the city filed in York County Superior Court in order to get clarification about the project’s approval by the Saco River Corridor Commission.

“The Institutional Zone Review Committee has done important work to update a framework that has not been comprehensively reviewed in more than 20 years, and we have been grateful for the support and involvement of President Herbert and the committee members in this process,” LaFountain said.

“I encourage residents to stay engaged as we work toward clear standards for future development, including its effects on surrounding neighborhoods and city services, and a constructive relationship with UNE that benefits both the city and the university.”

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