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I 4 <br /> Metacomet Road. It was approximately a one-acre lot with a playground area,bocci <br /> ball and volleyball.court. They had a permit for two docks. There was one at that <br /> location at the end of Manitoba Road and Metacomet. They had another dock on <br /> Whippoorwill Circle. They were both permitted by the town. That was all that they <br /> had was the dock areas. The dock areas were not designated or established as a per <br /> se "beach". They have had problems with vandalism. But, even there insurance <br /> binder specifies them as an entity with a beach. They have insurance for the <br /> I <br /> playground, roads and docks. They were specifically told even in the insurance <br /> binder that there should be no swimming with signs posted. They normally have had <br /> those signs every year. This past year they were vandalized. He did apologize-to the <br /> board because they did not replace those signs. He was only offering this as <br /> background. He apologized for the fact that he did not appear on the 22nd. They had <br /> a lot of communication issues with this group. It was a voluntary group. It was not <br /> meant out of disrespect to the hoard to not be here. He did apologize for that. He was <br /> asking if the board would reconsider the $3,000.00 fine. If the board would also look <br /> at their association in terms of a determination as to whether or not they weresemi- <br /> public or even more specific in ten-as of CMR445 an actual bathing beach. They <br /> have no posted lifeguard and no swimming.ring. There was some sand where the <br /> dock came up as it used to be a boat landing. The dock was built over the boat <br /> landing. They were not specifically an entity that maintained a beach of really any <br /> type. They did not encourage people to swing. Thy have actually had signs there. <br /> saying no swimming. The only sign that was out there as they came into the <br /> playground area vias a sign saying"'No Swimming Off of the Dock,"They used to <br /> have thein on the dock that said"No Swimming". They just hadn't r'eplaced them. <br /> He didn't know how theYwould proceed from here. He just wanted t'o tell the board <br /> that a $3,000.00 fine against their association would be an awfully stiff penalty. It <br /> was a voluntary association. They draw dues and from those dues they did.pay the <br /> insurance on-the roads. They paid for the general maintenance of the roads. They <br /> would pay for any taxes on the common properties. They don't run a social club or a <br /> campsite. <br /> Nils. Grady asked Mr. Harrington for his opinion. <br /> Mr. Harrington stated that at this point to his knowledge they were still considered a" <br /> semi-public beach. As far as how to get out ofthat, he was unsure about.Ee had not <br /> dealt with the state as to whether just a mere posting would get them out of the <br /> requirement. The beach was there and the water was there. People did go in and out' <br /> with boats. They also shell fished there. There was also no way for the board to <br /> police whether it was a bathing beach or not. It was open enough for people to bath <br /> there for swimming.,He had seen people in the water there. He had lso seen thein _ <br /> shell fishing there. As far as he was concerned they still met the requirements of a <br /> bathing beach. <br /> Mr. Umina asked how they could keep people out ofthe water. They could not tell <br /> people they could not go in the water. They could go in the water down the street <br /> 4 <br /> and walk up that way and do shell fishing and stuff like that. why would they be <br /> 4 <br /> i <br />