The neighbors of a Newcastle condominium project objected to the possibility of a public loop road around the building at a public hearing Nov. 12.
The attorney who represents abutters Old Shipyard LLC and Stetson House LLC said his clients would sue the town of Newcastle, if necessary, to prevent the establishment of the road.
Lewis and Ina Heafitz, the other neighbors to the project, also object to the idea of a town road.
The public hearing was about a potential special town meeting article that would allow the town to spend $20,000 to “develop a public access plan” for the road and “hire appraisers to determine the costs of developing” the plan, according to the draft warrant.
The town interest in the road stems from an offer by Xavier Cervera, principal of The Standard of Newcastle LLC, to donate boat slips and parking to the town.
An agreement between Cervera and the town calls for the establishment of the loop driveway as a town road.
The agreement also calls for a separate special town meeting article to authorize the town “to condemn and take any property necessary” to establish “public automobile and pedestrian access to the marina” via The Standard of Newcastle LLC right-of-way between the condominium building and the Stetson House LLC property.
Finally, the agreement specifies the public access as via the one-way “marina loop” with the entrance on the west side and the exit on the east, unless the town and Cervera agree otherwise.
Old Shipyard LLC and Stetson House LLC own property on either side of The Standard of Newcastle LLC, at 77 and 73 Main St., respectively.
The buildings are both rental properties. The 73 Main St. building contains apartments, the 77 Main St. building a hair salon, among other tenants.
The establishment of the driveway as a public road through the legal process of condemnation would violate the private-property rights of Old Shipyard LLC and Stetson House LLC, attorney David Levesque said.
“It’s the nuclear bomb,” Levesque said. “It’s the most severe action you can take.”
Levesque represents Old Shipyard LLC and Stetson House LLC. His statements reflect the views of his clients as well as his personal views as a Newcastle resident, he said.
His clients will “fight this every step of the way, and that’s going to include litigation,” Levesque said.
Old Shipyard LLC and Stetson House LLC have a history of civil action against the town.
Old Shipyard LLC and Stetson House LLC sued the town and Newcastle Shores Inc., the original developer of the condominium project, in the mid-2000s. The courts ruled against Old Shipyard LLC and Stetson House LLC.
Now, Old Shipyard LLC and Stetson House LLC want the town to “slow down the process” and work with the neighbors regarding the issue of marina access, Levesque said.
Levesque also questioned whether public access to the marina would justify the expense to maintain the loop road and manage access to the marina.
The tenants of the Stetson House LLC apartment building “don’t want people coming and going at all hours of the night … and once that’s a public road, you really can’t limit it,” Levesque said.
Lewis and Ina Heafitz are also neighbors to the condominium project at their 79 Main St. residence.
“It’s a charming cottage that we have there, and we think the ambiance and our enjoyment of the place is going to diminish greatly if it becomes a public road,” Lewis Heafitz said.
“That’s not what we bought the place for,” Heafitz said. “We have long-term plans to enjoy that for our own purposes, and we appreciate the town’s cooperation.”
A small part of the existing driveway on the Heafitz side of the condominium project actually lies on the Heafitz property, according to the couple and their attorney, Phil Saucier of Bernstein Shur.
A public road “within feet” of the Heafitz residence would also be “very unsafe,” Saucier said.
The potential use of the driveway as a one-way loop road, as the town agreement with The Standard of Newcastle LLC makes reference to, would also complicate access to the Heafitz driveway.
Saucier said his clients would have appreciated better communication from the town. “It hadn’t been discussed with us before we started reading it in the newspaper,” Saucier said.
A separate special town meeting article will ask voters to decide whether to accept the marina slips, parking spaces and a public-access easement on the driveway from The Standard of Newcastle LLC.
The agreement between the town of Newcastle and The Standard of Newcastle LLC requires The Standard of Newcastle LLC to rebuild and pave the driveway before the town would assume responsibility for its maintenance.
The special town meeting will take place at 7 p.m., Monday, Dec. 9 at the Newcastle fire station. The selectmen have yet to make a final decision about what articles will go to the meeting.
