By Lisa Williams Ackley

Staff Writer

The Town of Bridgton has entered into a consent agreement with David and Catherine Randall who had subdivided property on Brickyard Hill Road off Route 117 in North Bridgton into three lots within a five-year period without subdivision approval — a violation of both state and municipal subdivision regulations.

The Rule 80K consent agreement was filed last week in Ninth District Court in Bridgton, according to Bridgton Town Manager Mitch Berkowitz.

The Randalls, who own Harrison Marina on Route 117 in Bridgton, will pay $1,000 in civil penalties to the Town of Bridgton, as well as $3,500 in costs and attorney fees to the town, with $1,000 to be paid upon the execution and filing of the stipulated judgment; $1,000 to be paid immediately upon the approval of the stipulated judgement by the Court; $500 to be paid on or before June 30, 2012; and $2,000 to be paid on or before July 31, 2012.

According to the stipulated judgement, the Randalls acquired the property by deed in December, 2005, and recorded in the Cumberland County Registry of Deeds. They then divided it into three or more lots within a five-year period which, again, is in violation of the state’s Subdivision law and municipal subdivision regulations, by conveying a parcel of the same property out to Mary Lou Jordan by deed on June 29, 2010 and another portion to Amy Keene and Timothy Ellison on the same date in June, 2010, with both of those deeds also recorded at the County’s Registry of Deeds.  The Randalls retained the remainder of the property.

The stipulated judgement requires that, except for the general maintenance of the property, the property may not be further divided, used, improved, sold, transferred, conveyed, devised, purchased or granted prior to August 15, 2015, and thereafter, any further division, use, improvement, sale, transfer, conveyance, devise, purchase or grant must be in accordance with the State of Maine’s Subdivision law and the town’s subdivision regulations.

Also, according to the stipulated judgement, “notwithstanding the division of the land without subdivision approval in violation of state and local laws, the property may be used after Aug. 15, 2015 solely for private boat dock as provided by the Bridgton Shoreland Zoning Ordinance for two watercraft registered to the owner of the property; provided that the property may not be used for commercial or private recreational facilities, which include docks used for the mooring or berthing of boats not registered to the owner of the property, and the property also may not be used as a shorefront common area within the meaning of the Bridgton Shoreland Zoning Ordinance, which include lots common in shares or in common undivided interests to multiple owners for the purpose of providing multiple families, unrelated individuals, or other multiple entities with access to Long Lake; provided further that the private boat dock permitted after Aug. 15, 2015 shall be no longer than necessary to provide 36 inches of water depth up to a maximum length of 32 feet, but shall only be long enough to berth a standard boat no greater than 24 feet in length on either side of the dock as measured from the normal high water level. No boat launch or boat ramp shall be permitted on the property.”

As long as the Randalls comply with the stipulated judgement, “the Town of Bridgton waives the right to any additional civil penalties that may have accrued to date; provided that, if the Randalls fail to make any of the payments as required…or fail to comply with the restrictions (listed), and the Town prevails in an action to enforce the stipulated judgement, civil penalties in the amount of $100 per day shall be assessed against the Randalls for the period of time in which they are in violation of the stipulated judgement, and the Town shall also be entitled to recover its costs and attorney fees incurred in enforcing the stipulated judgement.”

Additionally, a copy of the stipulated judgement shall be recorded in the Cumberland County Registry of Deeds, and it shall be binding on the Randalls and their heirs, successors and assigns, upon those persons in active concert or participation with the Randalls who receive actual notice of the stipulated judgement by personal service or otherwise.