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Residents of the Broad Cove neighborhood will have an opportunity to learn more about the access issue to Maxwell Point Beach, also known as “Secret Beach,” and the legal direction the Broad Cove Association will be taking at a meeting slated for next week.

Beth Hess, president of the 115-household Broad Cove Association, said it will be an open meeting and all neighborhood residents are welcome.

The issue in question concerns an easement providing access to Maxwell Point Beach that crosses the property of Paul Woods at 20 Running Tide Road. Woods has lived on the property since 1999 and has recently placed a “No Trespassing” sign at the entrance to the easement.

Woods claims only 17 households out of hundreds in Broad Cove have legal access to the easement and the beach. The Broad Cove Association disagrees and has hired an attorney to advise them and possibly bring suit against Woods, claiming every resident has rights to the beach after 40 years of uninterrupted use.

“I know the association has tried and the folks in Broad Cove want to see this issue settled amicably and without incident, the way good neighbors should resolve disputes,” Hess said.

The meeting was organized by the Resident Secret Beach Access Group and the Broad Cove Association and will take place in parish hall at St. Bartholomew’s Church on Route 77 and Broad Cove Road, on Thursday, Sept. 8, from 7 to 8 p.m.

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The meeting will cover the background of the issue, the neighborhood impact, legal directions, financial requirements and the next steps. Andrew Sparks, a lawyer hired by the association to handle the case if they file suit against Woods, will be present to discuss legal options with residents. There will also be a question-and-answer session for residents. Babysitting will be provided

Sparks said after researching the subdivision plans and deeds, his opinion is that all residents of the Broad Cove neighborhood have rights to Maxwell Point Beach.

“When the developer developed the neighborhood,” Sparks said, “the legal right to that easement went to those households.” The difference between Sparks’s opinion and the opinion of Perkins Thompson Hinkley & Keddy, the law firm Woods has hired, is over the interpretation of subdivision plans.

Sparks believes the easement, which appears on one of the three subdivision plans, gives every household in the neighborhood, not just those homes portrayed on the plan specifying the easement, legal rights to the easement and beach.

Woods claims the reason he began to look into the legal rights to the beach was because teenagers had been using the beach for late-night parties.

David House of 2 Masefield Terrace said he hasn’t witnessed what Woods claims. House’s home home fronts the entrance to the easement over Woods’s land. House is also a member of the Resident Secret Beach Access Group.

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“About five summers ago there were a couple of beach parties at night,” House said, “but the Cape police did an outstanding job of making it clear to local teens that Secret Beach wasn’t the place for parties. Since then, I’ve never seen any problems at all.” Other neighbors have echoed those sentiments.

Hess, who lives at 5 Masefield Terrace, believes this neighborhood dispute is indicative of a much larger issue.

“I think the dispute about beach access has potentially enormous impact on how citizens of Maine are able to continue enjoying one of the great natural features of our state. If individuals are able to essentially privatize beaches that have been used by generations of citizens, I think the potential impact on Maine and our tourism industry could be significant,” she said.

The Resident Secret Beach Access Group and the Broad Cove Association are working in tandem towards a resolution, Hess said, and the two groups expect a good gathering on Sept. 8.

“This emotional issue has brought support and community back into lives out here,” Hess said in a press release Wednesday. “We’re actually grateful for that and with all the help we’ve been offered, confident of a good resolution.”

The “No Trespassing” sign installed by Paul Woods at the head of an easement that leads to Maxwell Point Beach. The legal rights to the easement and beach of residents of the Broad Cove neighborhood have been questioned by Woods, the property owner whose land the easement crosses. The Broad Cove Association will discuss legal options at a neighborhood meeting September 8.

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