By Carol McCracken (Post # 2,102)
We are going to take a break and think about what we’ve heard tonight said Peter C. Dugas, the applicant for the construction of a three-story building with 5 residential units, probably rental, and basement parking on an “urban infill” site at 97 Cumberland Avenue, following a planning board workshop that raised more questions about the preliminary proposal than got answered by the Development Team. That could be in part because only a Court of Law can answer one of the questions brought up at the workshop.
Dugas and his wife, Anastasia Antonacos, (Annie) want to build on land that is located immediately uphill from the Seven-Eleven and next to an abutter at 93 Cumberland Avenue on its other side. Dugas, who purchased the property earlier this year, shares an easement over a gravel drive owned by the abutter – Carol and James Pike. Dugas wants to pave the easement owned by the Pikes, but the Pikes are saying no way to the couple, who are prominent musicians and teachers in the Greater Portland area. “This act will also be considered an overburdening of the right of way (ROW) and an unlawful expansion of your rights. To the extent you use the ROW in such an increased capacity, the Pikes’ will consider any and all legal and equitable remedies that may be available to them, including, but not limited to, a civil action for trespass and any ensuing damages therefrom,” wrote Gerald B. Schofield, Jr, Esq., of Hopkinson & Abbondanza, to Peter and Annie Dugas on May 14, 2014. John Shumadine, Esq., of Murray, Plumb & Murray, represented the developer at the planning board workshop. Legal issues are not under the authority of the city’s planning board.
There are other issues that involve the Seven-Eleven on Washington Avenue including storm water over-flow and the replacement of an industrial pole that provides telecommunication services to businesses and people in the area before the project can receive approval from the City’s Planning Board.