Pine Point residents are upset with the developer behind the Beach Walk subdivision on Claudia Way, who they believe is violating an agreement he made with residents there.

In a statement sent to town officials released on June 22, leaders of the Pine Point Residents Group expressed their concern about the infrastructure construction, which was in violation of a set of covenants agreed upon by the residents and developer Paul Hollis in the fall of 2006.

Hollis is no longer involved in the development of the nine-lot subdivision, which has been turned over to a group of nine different lot owners, and, according to the town, the developer is only required to stick to agreements set by the planning board.

“The town doesn’t enforce covenants,” said Town Planner Dan Bacon. “We enforce the planning board conditions of approval.” Bacon said some of those conditions overlap with the covenants – like a 42-inch height restriction on landscaping in order to protect public views.

Regardless of the town’s enforcement ability, a loophole in the covenants makes the summer construction permissible by their standards, as well. The document asks not that construction be prohibited in the summer, but before Oct. 1, 2006.

Town Manager Ron Owens responded to the residents’ statement, saying that construction will be put on hold for the week of July 4. During the remainder of July, work will be done in order to complete the utility connections, but after that work is finished, construction will be put on hold until September.

“We’re concerned that the construction is the beginning of potential violations of conditions,” said Pine Point resident John Thurlow.

Additional conditions laid out by the residents association include an agreement to build the houses in a New England cottage style, rising no more than two and a half stories high, which Thurlow called “an important consideration” that is now understood to be unenforceable by the town.

“Anything could happen down there,” Thurlow said.