Dispute threatens access to homes

NEWPORT – Town officials Wednesday told local residents who may lose access to their homes because of a landowner dispute that their only immediate recourse is to take the issue to court.

The dispute involves the Whitaker Road, which is owned by the Al Whitaker family and which provides the only access to 14 homes on that road and on Downwind Boulevard.

The Whitaker family, represented at Wednesday night’s council meeting by Keith Whitaker of Plymouth, has sent letters to each of the homeowners, notifying them that they are trespassing on Whitaker land and that on or about Nov. 30, the road will be closed and they will no longer be able to use it to access their homes.

Town Attorney Ed Bearor asked Whitaker during the meeting why his family was shutting the road down now, since the local residents have been using it for years?

Whitaker responded that he had been trying since 2001 to get the town to deal with the issue. He said he notified Newport officials that no landowner had legal access over the land, yet Newport planners continued to issue building and plumbing permits.

Blocking the road would force the town to take action, Whitaker said. “It seems the only way to get this resolved,” he said. “It is our land. They have been using it for 20 years, they can acquire it.” Whitaker said his family should not have to bear the burden of the “many mistakes made by the town. My family never gave anyone permission to use the road.”

At the crowded and sometimes contentious meeting, residents from the affected neighborhood pressed the selectmen to help them solve their problem, blaming the town for their situation.

“You failed us,” homeowner Douglas Thompson said.

He said the town’s planning board repeatedly violated state law, which created the access situation. Thompson said the planners did not hold joint planning board meetings with the town of Plymouth, which are required by state law because the subdivision affects both towns.

The Whitaker Road, which is on the border between Plymouth and Newport, is also known on various deeds as Town Line Road or Weymouth Road.

Thompson said Newport planners also failed to notify abutters when building permits came before the board, and the Maine Department of Transportation was never notified regarding access to a nearby state highway.

“I truly appreciate the anxiety you feel about the possibility of having that road closed,” Bearor said. But the town is under no obligation to become involved, he added. He said the planning board acted under the belief that the developer had full permission from the town of Plymouth to provide access on Whitaker Road.

“Those of you with title insurance, make a claim,” he advised. “Those with title opinions, contact the attorney that drew them up.

He also advised the homeowners to immediately seek a temporary restraining order to bar the Whitaker family from blocking the road. Bearor estimated that the 14 affected properties could easily obtain a restraining order through a privately hired attorney for an estimated $72 per family, or $1,000.

“Protect yourselves,” he suggested. “We won’t be responsible.” He said the subdivision was approved in 1989 but the issue of road access only surfaced in 2001.

When several residents questioned whether emergency vehicles, such as ambulances, would be able to use the road, Bearor said a temporary restraining order would solve that issue and be in effect until a judge determines whether the homeowners have the right to continue using the road. “That could take three months to three years,” he said.

He also said there may be some question as to whether the road was properly discontinued by the town of Plymouth in 1969.

When it appeared the meeting was winding down, the board voted to hold a workshop with a representative of the Whitaker family, a representative of the homeowners, and Town Manager James Ricker to seek a permanent, and possibly out-of-court, solution.

Whitaker said he had to check with other family members before committing. At first, the full board was going to attend the meeting, but Chairman Al Worden said, “A public meeting would be a disaster.” He suggested representatives from each group meet so a more “frank and productive” discussion could be held behind closed doors.

No date was set for the meeting.