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the"Board"and"Committee"in November 1990. Sign- The proposed"New Town Beach"to be developed by
<br /> ing, however, was deferred until the New Town Beach "DEM" is east of the current town beach, also consists
<br /> matter was also resolved. of 30 acres and has 1,700 lineal feet on the water. It will
<br /> provide an additional 25 spaces for a total of 200, pro-
<br /> This Agreement, in substance, provided that: viding more room for use by Town residents. Its closest
<br /> point to the water is about 300 feet. The parking lot will
<br /> (i)"DEM"will provide the Town the sum of$620,000 be set back a sufficient distance from the water's edge
<br /> of which $580,000 will be expended by the Town for so that the established dune syst.em will provide a for-
<br /> the improvement of that portion of Great Oak Road midable buffer from storm erosion or damage.
<br /> as presently being used that runs from its intersection
<br /> with Red Brook Road to the beginning of the"Park", Although there is no visual view of the water from the
<br /> being approximately 2.1 miles, all in accordance with parking lot itself, there would be:
<br /> a Reconstruction Report dated May 3, 1990, and
<br /> prepared by Ernest Virgilio, Director of Public Works. (i) pedestrian boardwalks and ramps to the beach;
<br /> (ii) The $580,000 will also cover all engineering and (ii) seating and deck areas including an observation
<br /> legal expense and the payment of any damages,if any platform of a size adequate for twenty-five to thirty
<br /> may be required, to landowners of 24 parcels of land people, to be located no farther than 120 feet from
<br /> which currently encroach upon Great Oak Road, as the surf line, and accessible also to the elderly and the
<br /> presently being used. It is to be noted that 22 of these handicapped by wheelchairs, strollers, etc. This obser-
<br /> lots are not buildable, and of little value,if any at all. vation tower would be protected from the elements;
<br /> and
<br /> (iii)Installation by"Town"of a bicylcle path beginn-
<br /> ing at the intersection of Great Oak Road and Red (iii)means of access to the"Town Beach"by the elderly
<br /> Brook Road, and running to the entrance of the and handicapped.
<br /> "Park", provided there are sufficient funds for such
<br /> purpose; Additionally, McGregor Road would be improved in
<br /> accordance with established designs and specifications,
<br /> (iv) In the event there are insufficient funds for the and would be the sole means of ingress and egress to and
<br /> installation of a bicycle path, then, in such case, from the"New Town Beach" by Town residents. Addi-
<br /> "DEM"pursuant to its commitment as set forth in its tionally, "DEM" will construct a contact station at the
<br /> Master Plan, will join with the"Town" for necessary appropriate location on McGregor Road.
<br /> funding; Additionally,"DEM"had agreed that even after it ac-
<br /> (v) Mashpee's Director of Public Works will control quired title to the current"Town Beach"it would permit
<br /> the proposed construction of Great Oak Road with ad- the continued use of its parking area by Town residents
<br /> vice and guidance from "DEM" and to such date as "DEM" would actually commence the
<br /> physical restoration of the parking area,but,in any event,
<br /> (vi)$40,000 shall be reimbursement to the"Town"for for a minimum period running through September 1992.
<br /> monies appropriated and expended relative to the cor-
<br /> rection of Great Oak Road of a prior major encroach- The"Committee", after many meetings and much in-
<br /> ment on land known as the Kennedy Property. put, recommended to the"Board"that the Town accept
<br /> the"New Town Beach" facility. Although it did not af-
<br /> New Town Beach Facility ford the same view of the water from the parking area,
<br /> it had many other distinct advantages, and additionally,
<br /> The proposed relocation of the"New Town Beach"has assurance to the Town that it would always have a"Town
<br /> also been a matter of significant concern to both the Beach"facility. Even assuming that the latter was wiped
<br /> "Committee", the "Board" and "DEM". out by a major storm, it could be rebuilt as it was not
<br /> on a dune, as is the current Town parking lot.
<br /> The current"Town Beach"is approximately 30 acres,
<br /> and has 1,700 lineal feet on the water. It lies between State The"Committee", in arriving at its recommendation,
<br /> property. Its parking lot is about 175 feet from the water- also considered the Agreement between the Town and
<br /> front, and there are approximately 175 parking spaces. "DEM" of June, 1981, which provided that the Town
<br /> It offers a quick beach access to those using the facility, would take the"New Town Beach"facility, and was over-
<br /> and people can sit in their cars and have a view of the whelmingly approved and adopted at a special Town
<br /> ocean. However, the"Town Beach"parking lot is built Meeting in 1982.
<br /> on a dune, and is subject to being destroyed by erosion
<br /> or a major storm. If such were the case,it probably could Several members of the "Board" had expressed their
<br /> not be rebuilt in light of the current environmental laws concern that the exchange of the current"Town Beach"
<br /> and regulations. In such case the "Town would be left for the"New Town Beach"was not an exchange of"land
<br /> without a town beach facility. Even if it could be rebuilt, of equal value"as provided in 1981 Agreement,primari-
<br /> there would be a substantial cost to the Town, which ly because of the loss of visual view of the water fron,
<br /> would probably be passed on to the taxpayers of the the parking lot, and its quick access to the water's edge.
<br /> Town.
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