Stories from South
Point, Part Three
by Mary Morgan
A
small point of land on the water side of Ocean Avenue, between 2nd and 4th Streets,
looks like a quiet spot, but it has been the subject of controversy at least
twice in the past.
According
to the 1882 private development plan for the area, this point was designated as
common land, so it should have remained green. In the 1930s, the City of
Biddeford wanted to make it a parking lot, but the local land owners were not
happy and came up with a way to stop the city.
A path leads through the vegetation from Ocean Ave. to the shore. (JH photo) |
The
owners of the common area were the beneficiaries and descendants of the
original South Point Cottage Lots developers. On July 25, 1930, they leased the
point to the families owning Ocean Avenue lots numbered 11 through 25, as well
as lot number 1 on 3rd Street: i.e. 12, 14 and 16 Ocean Avenue. The terms of
the leases were not specified, but it is generally agreed they were to last 99
years.
The
lease depended on several conditions. The
lessees were to:
1.
Maintain the area in “a better condition than currently maintained” for the
benefit of the lessees
2.
prevent any strip or waste by trespassers
3.
quit and deliver, in good order & condition, peaceably and quietly after
receiving a six-month termination notice from the lessors
4.
pay the taxes duly assessed
5.
not sublet without consent of the lessors
6.
pay rent of one cent
Each
lease was subject to easements already granted to the public and to owners of
land shown on the South Point Cottage Lots Plan.
These
Ocean Avenue cottagers now had the right to take the city to court over the
parking lot issue. The court ruled in their favor, and the city withdrew its
parking plans.
In
subsequent years, this point and other non-housing lots on South Point were
deeded to the Biddeford Pool Improvement Association (BPIA). In 1988, in an
attempt to improve the view, the BPIA proposed removing trees and brush from
the little point. Some of the lessees objected to this plan and wrote a letter
to the BPIA outlining their objections. They argued that the area was a bird
habitat that should not be disturbed. They also pointed out that this area protected
their houses during severe winter storms. On the map that accompanied the
letter, the area in question was colored blue. In this case, the BPIA
prevailed.
Today,
Blue Point features a broad path leading from Ocean Avenue to the rocky shore, a
few scraggly trees and lots of rosa rugosa. The Biddeford Pool Land Trust
maintains it. Now it is the location of a new fight, this time against bittersweet
and other invasive plants. This battle will likely continue for many years to
come.
References:
Deed
Book 823 Page 395, the lease.
Lessors
were William Hill descendants: E. Dwight Hill of
Plymouth Massachusetts, Virginia (Hill) Willis of Lynn, Massachusetts, Inez M.
(Hill) Staples of Biddeford, Maine and Elizabeth (Foss) A. Clary of Los
Angeles, California.
The
Gilbert Berry descendants: Edward T. Hyde, Grace E. Hyde and Alice H.
Sawyer of Saco, Maine.
The
Lessees were Edna Heard Baker of Saco, Maine, Ethel Heard Hill of Old Orchard
Beach, Maine, Arthur Wood of Granby
Massachusetts and Janet J. Edwards of West Boylston, Massachusetts.