Both interesting stories.
1. From an environmental liability standpoint, I believe the federal government could, if it chose to do so, clean up the property by the bridge right now, then forward the bill to Unitil, under the CERCLA or sometimes known as the "Superfund" Act. Although it interests me and I have studied it, though, I am not an expert in environmental law, and there must be something I am missing that would explain why the owner is so open about the contaminated nature of the site. Even if it is well documented, why publicize it? Especially when this is the site Amtrak is looking at for its future downtown extension platform? Here, let us clean it up, forward the bill to your company, or we'll buy it from you at a price reduced accordingly.
2. I spoke to a former classmate of mine and member of the planning board, who is generally very pro-urban and wise when it comes to investing in Portland's urbanism--he told me a while ago he was very opposed to the middle street plaza addition because of height (the minimum height required in that area, which I believe falls under the PAD (ped activity overlay district) is 35 feet, or roughly 3 residential sized floors. While this generally makes sense, I don't see the restaurant violating the intent of the ordinance (urbanism) given that it is surrounded by three towering structures and is at present occupied by, as Solely said, a greatly underutilized void. The fact is that, no matter what the tenants in adjoining office space think, this plaza is a waste of space--has anyone ever seen it used to the extent Post Office park or Tommy's Park are?
Also, the comment about "once you lose open space, you never get it back" is likewise off the mark. The plaza itself is built on the footprint of former buildings, and so is Post Office park (hence its name) as well as, I believe, parts of if not all of Lincoln Park. Moreover, this is not a public space, it is semi-public, and the owner should be able to do what he wants. In this case, although the building would be less than optimal from a height perspective (which I totally agree with), it would more than make up for that fact, in my opinion, by the fact that it extends the street wall directly in line with the Bank of Maine portion of Canal Plaza, thus creating a more continuous pedestrian walking environment. Currently, plazas like Canal Plaza are widely recognized, here and across the country, as failures in urban architecture. The whole bait and switch argument is not one I would have expected to hear from an attorney.