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Serving Bridgton and the surrounding towns of Western Maine since 1870. Vol. 149, No. 39
28 PAGES - 2 Sections
Bridgton, Maine
September 27, 2018
(USPS 065-020)
www.bridgton.com
SEVENTY-FIVE CENTS
Town responds to Salmon Point Road suit By Wayne E. Rivet Staff Writer Bridgton has filed its response to Carol Martini’s lawsuit regarding public use of private Salmon Point Road. Martini, a property owner off Salmon Point Road, filed for a declaratory judgment on Aug. 15 in Superior Court in Portland. In Count 1, Martini seeks a declaratory judgment that Salmon Point Road is a private way, declares that defendant (Town of Bridgton) has no legal right of access, requires the town to cease all actions that direct traffic over the private way, requires the town to remove all points and cause for access over Martini’s property, and requires the town to compensate Martini for attorney fees and costs. In Count 2, the suit claims continued use of Martini’s property constitutes an illegal
and ongoing trespass, which has caused plaintiff (Martini) harm. Such “interference” has caused a reduction in property value and her inability to enjoy the land. Claiming the town’s action is a nuisance, Martini is seeking “damages, costs and attorney fees,” according to the suit. The town had 20 days to file a written response. Attorneys Agnieska Dixon, David Kallin and Richard Spencer of Drummond Woodsum of Portland filed the town’s argument on Sept. 12. “This case arises from disagreements between the parties regarding the rights possessed by the town and the public to an approximately 1,100-foot long segment of Salmon Point Road to access the town’s feeowned property and to access Long Lake…” the brief says. Last fall, the town relocated a parking lot
and installed a footpath and directional signs. The parking change was to address “user conflicts,” “safety concerns” and “preserve some expectation of privacy for lessees” at the campground. “The plaintiff (Martini) alleges that these actions redirected public pedestrian and vehicular traffic onto and over the road segment so as to overburden it. She further alleges that the town and the public have no right of access over it. The record, however, shows that the plaintiff has little likelihood of success on the merits because the town and the public do have rights of access over and across the road segment, and by installing the parking lots (one is a small handicapped lot), footpath and signage, the town has taken steps to ameliorate the level of public use of the road segment even though it is not required to do so,” the brief says.
In 1987, the town acquired a fee simple title from Joseph and Lynne Kavanaugh to two parcels of land — one Salmon Point Campground, which included 124 feet of the road segment, and two Salmon Point. The town’s 1987 deed “expressly conveyed to the town an easement for vehicular and foot traffic over a portion of the road segment between the campground lot and the Salmon Point lot,” the brief notes. The plaintiff (Martini) purchased two parcels along with fee interest in a portion of the road segment from the Kavanaughs two years later. “The plaintiff’s 1989 deed expressly provides that the Kavanaughs made no covenants or warranties whatsoever with respect to the conveyance of the fee in that portion of the road segment…the plaintiff’s deed RESPONSE, Page 8A
Eastman asked what’s the pulse?
MORE THAN A PHOTO ON THE WALL — American Legion Post 155 Service Officer Cathy Merrill said the photo of her father in the Korean War exhibit was one of the first things she saw when she walked into the Maine Military Museum. Posing for a snapshot with Merrill are Maine State Commander Scott Paradis (right) and National Commander Brett Reistad. (Photo courtesy of Cathy Merrill)
Surprise find at the museum
By Dawn De Busk Staff Writer SOUTH PORTLAND — A person never knows what will catch their eye when they walk into a museum. Naples resident Cathy Merrill arrived at the Maine Military Museum with other members from American Legion Post 155 on the morning of Saturday, Sept. 15. She was volunteering her time to help prepare the lunch for the national commander’s visit to the museum. She had a busy day ahead of her, and an armload of food, when her eyes fell upon a framed photo that she recognized as her own father, Delvin B. Merrill, a former Prisoner of War (POW) during the Korean War who passed away in June 2015 at age 82. “What makes it so neat is that it was the first thing I saw on the wall. I was carrying in the food for the luncheon and the first thing I see in the museum was my dad’s picture,” Cathy said. “It was a heart-warming thing. There he was. My day started out with my dad. We knew he was there in spirit. Seeing that photograph confirmed it,” she said. It was not a surprise to her that the photo was at the Maine Military Museum. After all, she had seen it on display before the museum was relocated. What was surprising was how quickly she found it. The photo had been moved from the POW exhibit to the Korean War display, she said. Another nice unfolding of events: Cathy was able to provide Curator Lee Humiston with more information about her father. “I was talking to Lee, and he didn’t know who dad was. We were able to give him the information so he can have brass plaque put with the photo,” she said. Delvin Merrill, who grew up in the Casco-Naples area, ended up being a POW for 27 months, according to Cathy. It was from 1952 through 1954, which was before she was born. “They captured him on the first day of the war when he was parachuting. They moved the battle lines so he was behind troop lines when they parachuted in,” she said. Merrill was released when the war ended, she said. He returned home to Maine and married Bessie, she said. “He and my mother were married shortly after he got home and were together for 55 years,” Cathy said. SURPRISE, Page 7A
By Wayne E. Rivet Staff Writer Lee Eastman made an unexpected visit Tuesday. He met Jeff Brickman, president and CEO of Central Maine Healthcare, at Bridgton Hospital for a half hour. Brickman was interested in getting the pulse of local citizens regarding their feelings about Bridgton Hospital. “It was a good conversation,” Eastman told selectmen at their Tuesday night meeting. Eastman serves as the board’s chairman. The most important message was there is no intention to close Bridgton Hospital. Brickman plans to hold meetings with local clubs (Rotary and Lions), organizations (Chamber of Commerce) and selectmen in November to explain how CMH plans to rebuild its organization. In other meeting news:
Big number for Bridgton? Town Manager Bob Peabody knows the number the feds have in mind to assist Bridgton with its major infrastructure upgrade — a greatly expanded, new wastewater system. “It’s a big number,” was all the manager could say Tuesday night since the release of the USDA Office of Rural Development (bond/grant) award is embargoed until today, Thursday. “It’s a lifetime opportunity,” Peabody said. The figure is more than what is often allotted for the entire state of Maine, he added. A workshop will be held on Wednesday, Oct. 10, at 6 p.m. to explain the project, how grant money will affect bonding needs and repercussions to taxpayers, both from a financial standpoint as well as ramifications in
terms of development and environmental. The public is encouraged to attend. No action on tree-stand request. Tim Tobin hoped to place a ladder tree stand on the town’s lot located behind Bridgton Hospital for the 2018 deer hunting season. Hearing an opinion from attorney Michael Lichtenstein of Maine Municipal Association, selectmen decided to take no action on the request. The same question from another town was posed to MMA Legal Services. Lichtenstein forwarded colleague Rebecca McMahon’s legal opinion to Bridgton officials: “I do not think the Select Board would have the authority to allow a hunter to erect a tree stand without an ordinance regulating the approval of such a request. From a practical standpoint,
I do not think the Select Board would want to allow such activity to go unregulated. The activity is potentially rife with conflict. I imagine there are some trees/areas of the property that are better than others, and permitting their use without selection criteria — first come, first served for BRIDGTON, Page 3A
By Dawn De Busk Staff Writer CASCO — Doesn’t it always happen that way? When things are in the planning stages, few people participate or even offer opinions. But, if someone does not like the outcome, that is when they speak out. No one showed up to the Casco Board of Selectmen’s public hearing to get input on the hiring of new town manager. In fact, the public hearing ended up being a discussion between the selectmen. Later, a few residents offered ideas but those people came to the meeting to
speak on other issues during public participation. At one point, Selectman Grant Plummer was talking about questions that need to be answered before the selectmen could zone in on what the new town manager will be asked to do. As he talked, he expressed his discouragement about the low turnout for the hearing. “We have had this meeting for the public, this public hearing, and we have little or no interest from the public telling us” what they would like to see in a town manager, Plummer said. “My personal experience with the public is that you
don’t hear anything from them until…” Selectman MaryVienessa Fernandes finished his sentence, saying, “Until the decision has been made.” The board or possibly a hiring committee will be making the decision months before June 2019, which is the date current Casco Town Manager Dave Morton hopes to retire after 40 years as town manager. Morton was not present at Tuesday’s meeting. Earlier in the discussion, Chairman Holly Hancock told the board that David Barrett, the direc-
tor of Personnel Services and Labor Relations with the Maine Municipal Association (MMA), would be meeting with the board on Nov. 13. Throughout the discussion, board members said they felt that Barrett will shed light on the hiring process. Barrett will be able to inform the board what the candidate pool might look like. Hancock said the town manager pay range is information that the Casco Finance Committee will need prior to starting the budget process this winter. SEARCH, Page 8A
By Dawn De Busk Staff Writer CASCO — One local selectman commented on how time-consuming a project updating road standards for public easements has become. It is time-consuming for the people living on those roads who have to submit paperwork and public easement deeds as well as the laborious stuff like repairing roads or hiring someone to do that. It is time-consuming for staff. The paperwork has to be processed and filed. The road commissioner has had to walk the roads with a road association president or agreed-upon representative. The outcomes of the road inspection: Either this road is fine, or this is what needs to be done and what it will cost to fix this road. Casco Selectman Thomas Peaslee was speak-
ing. “This exercise is turning into more of a project than everyone thought. I commend him (Morton) for going out and doing this. It is a lot to keep track of. We need it all on a list,” Peaslee said. The Casco Board of Selectmen was once again discussing the wintertime maintenance of public easements and the task of bringing all those roads into compliance to the 1972 Road Standards Ordinance. It is a year away — the deadline for all public easements to be up to snuff and double-checked by a town official. After Oct. 31, 2019, all roads not in compliance will be taken off the wintertime maintenance list. Selectman Grant Plummer has hit the pavement with Casco Town Manager Dave Morton, who is also Casco’s road com-
missioner. He expressed concerns that people might not plan ahead well enough to meet the deadline. “My message is: If you are on this list, you had better fix your road,” Plummer said. The cost of fixing public easements is the responsibility of the private landowners along the road, not the taxpayers. However, tax money pays for wintertime maintenance. Chairman Holly Hancock confirmed that there are 42 roads classified as public easements, and about half
of those have contacted the town and/or submitted paperwork. Several public easements have been personally inspected by Morton but there are still many roadways in need of inspection, she said Talk about time-consuming: It takes about 4½ hours out in the field to drive every road that is classified as a public easement, “and that’s driving the speed limit,” according to Selectman Grant Plummer. Plummer recently spent 2½ hours inspecting roads INSPECTIONS, Page 2A
Jeff Brickman CMHC President & CEO
Quiet on manager search front
Casco road inspections lie ahead
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