7/31/2001 SOUTH CAPE BEACH ADVISORY Minutes

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South Cape Beach 7/31/01 PAGE TIDE IV DISCUSSION of 10A SITE "` LEGISLATION: (Continued) Mr. Kirsner explained that we. do not want to get into any form. of adversarial position; moving towards litigation.. to. enforce the right because it. would. -'be costly Mr. Kirsner was sure the end result would'.-be 'sucssfl, but he- did not want to move in that particular direction, Mr, Kirsner expla,Lned that Town Counsel and h -had had several discussions, 'and it appeared. what should be. done, and What he' was going to recommend that the committee' consider having a letter written. to Commissioner Webber by' the .board -of selectmen, We have to b -careful. we are not an agency of enforceability, We are advisory only,, Town Counsel has recommended that in addition to having a letter wrtten by the Board of selectmen reu qes-ting that the ten acre site be trans f erred to the Town of Mashpee, -theme be a provision added that in making this request, we put in a proviso that we were not waiving- our right .to enforce the monetary provisions of- the agreement, which means we are not waiving the richt to contest the fact that we do not believe that any monetary con- sideration should be paid. Mr. Kirsner 8tated that he. fet it was a fine recommendation, except .he does not agree with it, Mr, Kirsner added that he thought it was a matter of diplomacy, and if he were to 'recommend a letter to be written that we re- quest the. commissioner t.o transfer the -ten acro 'site -to the 'own of Mas.hp'ee co si t nt with the terms and provisions o Paragraph 17 , we would be getting the same legal effect and we have the right to contest whatever they -mar do which ,would not be consistent with our - greement. You- cannot waive your rights under paragraph 17 , except if it.-is done by certain legal pro- cedures . The matter thea comes down to a question of argument before the committee, presentation .before the committee and legisla- tive assistance..' ' we can make the best argument why there should -be no consideration, paid by the Town, we are doing t need legislative assistance.. If we are successful., that ,is fine . ' If we are not successful, - . the damage would be this: The Town would be stuck for an apprai a.l. A survey -has ben taken; it - is already .in place. The fair market ralue has got to be- minimal. If you take a piece of Land, and .you attach '.some of-- the- restrictions as follows : The letter 'Vi l l' state the 's.i to will be used' for ,passive 'recre� ation consistent with 'thecurrent- use of the 'park., in full compliance with -en'viro'nme tal- -re ulations The site 'wi'11 be 'open' ,. to th_ 'gen"e- al public with ut restric- tion, access by nor'-r otori' boats, such 'as' canoes an.d kyack .