Wealthy Martha’s Vineyard Homeowner Clashes with Elderly Locals Over Beach Access

A property owner on Martha's Vineyard has ignited a legal battle with their older neighbors, whom they claim are illegally entering her land to reach the shoreline.

Melinda Loberg, who has been a long-time resident of the famed Massachusetts island, sued Havenside, a nonprofit organization offering senior housing, on May 12.

Loberg, employed as a secretary for a nearby seniors' assistance organization, alleged that the elder residents of Havenside were unlawfully traversing her exclusive seaside property to reach Vineyard Haven Harbor.

Since July 1992, she has resided in her picturesque $5 million residence on Crocker Avenue alongside her spouse. Now, after over thirty years, Havenside informed Loberg that the community members have the entitlement to utilize a narrow pathway across her land for access to the waterfront.

In June 2024, the independent living facility notified Loberg about their right to use part of her property when they sent a letter explaining that residents would have access to a 13-foot path along the northern edge of her land for beach access. This information was gathered from a lawsuit acquired by JWtimurnews.

The 16-page legal complaint, detailing the comprehensive background of the waterfront estate, asserted that upon their initial acquisition of the house on the opulent island, the title made absolutely no mention of any right-of-way permissions for public use.

The statement further indicated that all access privileges were revoked prior to Havenside assuming control of the property. Loberg stressed that her continuous use of the land for three decades nullifies any previous assertions made by the corporation regarding ownership.

In response, Havenside said that information is false and that it has had an easement there since 1890, the Vineyard Gazette reported.

The specific area that the senior center is claiming to control is a space that the Loberg's 'cleared the existing vegetation' from, along with 'removed tires, bottles, car mats, and large chunks of macadam and then planted Parcel 2A with grass,' the documents read.

Following the cleanup, the couple decided to install a 170-foot fence along the area in question - cutting off access for more than two decades, the lawsuit stated.

Havenside said they planned to gain access to the beach by cutting the grass between the fence and garden beds to construct an entry gate, the filing continued.

Following notification to Loberg about their intentions, the company dispatched a tenant named Frank Rapoza to the location with 'tools.' The purpose was for him to supposedly 'erect' the fence, as stated in the legal complaint.

Loberg immediately became tense upon seeing him standing in her driveway, prepared to start his work. She warned that she would call the police if he tried to proceed with installing the gate.

With that, Rapoza left the premises, but shortly afterward, Loberg got a phone call from him threatening to come back and put up the gate," the lawsuit stated.

"In reaction to this telephone conversation, the Plaintiff put up a 'No Trespassing' sign along the property boundary close to the HavensideProperty," the document stated.

A representative from Havenside subsequently contacted Loberg and asserted that Rapoza was not affiliated with Havenside or its Board, emphasizing that any suggestion to the contrary had never received authorization.

On July 14, 2024, Loberg, who previously served as a Tisbury select board member, met with Havenside to address the matter. However, according to her lawsuit, the representatives were unwilling to entertain different options and steadfastly maintained the presence of the claimed access easement.

A few weeks later, the company proposed to revoke the easement in return for a monetary compensation, however, Loberg rejected this extortionate proposal outright.

By October of that year, Havenside filed a Wetlands Protection Act Notice of Intent (NOI) with the local Conservation Commission 'seeking approval to make improvements on Plaintiff's Property within the alleged Access Easement,' the lawsuit said.

As stated in the documents, Havenside incorrectly asserted ownership of the property without properly completing Section 3, which mandates listing the actual property owner if they differ from the applicant.

In February, the Lobergs stated that they found members of a group from Havenside, which included Mr. Rapoza, illegally entering the plaintiff's property and damaging the plaintiff's fence to set up a gate.

Loberg subsequently contacted the police, who requested that the group leave; however, they refused to forcefully evict them, stating that it was a 'civil dispute.'

The legal case also featured an image of Rapoza, said to be the 'manager of Havenside,' along with an unidentified individual 'damaging a portion of the plaintiff’s fence and setting up a gate.'

A formal statement with the authorities was also submitted regarding the event.

The lawsuit stated, 'Mr. Rapoza later came back and completed the installation of the gate.' It also noted that Havenside has now placed signs at the entrance of Loberg’s property indicating that residents can use this area to reach the beach.

Loberg feels intimidated and endangered by the behavior of Havenside's tenants and consequently doesn’t feel secure on her property due to their actions, according to the filing.

She has insisted that neither 'Havenside, its guests, tenants, nor invitees' should be permitted to enter her property and that they cannot gain any easements over the plaintiff's land for accessing Vineyard Haven Harbor.

A preliminary hearing took place on May 20, with the subsequent one scheduled for June 16, as stated in the documents.

Lucinda Kirk, who manages the property at Havenside, informed the Vineyard Gazette that Loberg’s allegations in the lawsuit are ‘unfounded’ and were initiated with the intent to eliminate the nonprofit organization through accruing legal costs.

"The challenge for Havenside is ensuring equitable access for all our residents," Kirk stated to the outlet.

We have community members with reduced mobility and ongoing health issues who require secure and convenient access to the shoreline. Tranquility and seawater play crucial roles in maintaining our seniors' well-being.

Kirk mentioned that Havenside is in the process of securing a pro bono attorney to represent residents in their effort to obtain access to the waterfront.

JWtimernews reached out to Loberg's lawyer and Havenside for their input.

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