By Amanda Estes

Staff Writer

    The city of South Portland faces potential lawsuits
and legislative action from two Cape Elizabeth residents and the town
respectively, after the council’s 5-2 vote to discontinue the final 25
feet of Edgewood Road in South Portland.

    Over its long history, the issue has stirred up
animosity among South Portland Edgewood residents who want the road to
be restored to its initial dead end status and the two Cape Elizabeth
residents at 59 and 60 Edgewood, who were granted easements. South
Portland is still dealing with the aftermath of a lawsuit filed by
Joseph Frustaci in 2005 for damages to the property value of his
subdivision, Blueberry Ridge, resulting from the city’s decision to
block Charlotte Street, which connected Edgewood Road with the
subdivision and subsequently Mitchell Road.  South Portland was
ordered to pay Frustaci $380,000 in damages. South Portland residents
of Edgewood Road said posted signs do nothing to deter motorists from
traveling down the road and they cited traffic and safety issues as
reasons for its closure.

    Prior to voting on the issue, Mayor Claude Morgan
addressed the public and suggested the council’s decision had largely
already been made and the “persuasive content” of public comments would
not be at their “fullest” before city attorney Mary Kahl, reminded
Morgan and the council that the decision had yet to be made and the
public was entitled to speak. Morgan later said he meant to express
that the council “had heard all the sides and more in more than a
decade and if you haven’t made your case in ten years, you’re not going
to make it tonight.”

    Jane Boulos of 60 Edgewood Road asked the council
“not to take away my basic rights to drive down the road I have called
home for 14 years.” She cited the lack of a traffic study and public
safety concerns as reasons for keeping the road open. Bruce McLaughlin,
attorney for Boulos and Debra Sampson of 59 Edgewood, said
discontinuing the road would “serve the interests of the few” and
represent “bad public policy.” He said if the road is closed, “some
sort of litigation is inevitable.”

    Sue Ellen Roberts of 25 Edgewood spoke in favor of
closing the road because it would restore the elements of the
neighborhood that first attracted her to the property. She and her
husband bought property on Edgewood in 1977 because it was a dead end
street. She said it was their “little piece of heaven.”

    Jane Smith, of 31 Goudy Street, which connects to
Edgewood via Phillips Road, said the issue is not just an Edgewood
issue, but also one for the larger neighborhood. She said in the
summer, she sees “a lot of cut-through traffic come down Goudy, go up
Phillips, and bang a right on Edgewood.”

    The majority of the council favored closing the road
because appraisals of 59 and 60 Edgewood Road had come back stating
that if the access rights were revoked, the  property’s value
would not be diminished. Councilor Maxine Beecher said she spoke with
people in real estate, and was told a dead end street actually
increases a property’s value. Councilor James Hughes said he didn’t put
much “credence in being sued” because the city can only be sued for the
damages, which had been estimated at zero. He also spoke to the safety
concerns that were addressed and said there would not be a
“significant” difference in response times from the fire and police
departments.

    Councilors James Soule and Kay Loring voted against
closing the road for lack of evidence of a traffic problem and an
unwillingness to put the city in another legal situation,
respectively.  Soule said he made several trips to the
neighborhood and rarely saw any traffic.

    “The vote was clearly retribution against Cape
Elizabeth for approving a new subdivision that was opposed by neighbors
in South Portland,” Cape Elizabeth Town Manager Michael McGovern said
in a statement. “There is no reason to put a barrier up for traffic
problems because there aren’t any.”

     McGovern said the town is reviewing South
Portland’s decision with legal counsel and “exploring” legislative
options, although he said there are no plans to propose retroactive
legislation. He said it is not good public policy to abandon the road.
He said the town was ready to cooperate with South Portland officials
and residents on pursuing other options, such as increased signage.

    In response to McGovern’s claim of retribution,
Morgan said, “The historical record shows that is not the case.” He
said the council explored every possible solution.

    “If this was retribution, (Edgewood) would have been
a dead ended street a long time ago,” he said. Morgan said his decision
was based on his belief that “Cape had buried their heads in the sand
and done nothing for the two residents.” In the end, it came down to
voting for the South Portland residents of Edgewood, who he said, “have
had the sand kicked in their faces.”