|
E
<br /> In any event, the "Committee" at its joint meeting with residents; and
<br /> the Board in November 1990, presented its recommen-
<br /> dations that the Town accept the "New Town Beach" (vi)"DEM"will expeditiously take such required steps
<br /> facility. However, during this meeting,DEM surprising- to improve the access road to the ten (10) acre site on
<br /> ly offered the Town the alternative of retaining the cur- Great River, Waquoit Bay, and apply for funding in
<br /> rent "Town Beach." behalf of the"Town"so as to develop municipal boat
<br /> launching facilities (as provided in June 1981
<br /> After much discussion, it was voted by the "Board" Agreement).
<br /> (i)That the decision as to whether the Town retain the At the Special Town Meeting held on December 17,
<br /> current "Town Beach" or elect to accept the "New 1990, a motion was made and passed whereby Article I
<br /> Town Beach" facility, should be determined at a of the Town Warrant, which provided for a vote on
<br /> Special Town Meeting to be held on December 17, whether the Town(1)should take the"New Town Beach"
<br /> 1990. facility or (2) retain current Town Beach, was amended
<br /> to a motion authorizing the Selectmen to enter into the
<br /> (ii) Further voted that the Board sign the Agreement South Cape Beach Development Agreement then in the
<br /> relative to the improvement of Great Oak Road. hands of the moderator, the terms, provisions and con-
<br /> ditions of which were detailedly explained by Selectman
<br /> Shortly thereafter and prior to the scheduled Special Gottlieb at this meeting. This motion was passed.
<br /> Town Meeting, a third proposal developed, which was
<br /> referred to the "Committee" for its consideration land Thereafter, at a meeting of the"Board"on December
<br /> recommendations. The "Committee" met three times in 27, 1990,the South Cape Beach Development Agreement
<br /> the following week so as to fully discuss this matter.Ad- and the Agreement relative to Great Oak Road,were both
<br /> ditionally, there were a number of conferences between signed by the Selectmen'' thus ending years of delay and
<br /> Committee Chairman Morris Kirsner, Esq., Town indecision.This represented a major step forward towards
<br /> Counsel Joseph Reardon, Selectman Andrew Gottlieb, the implementation of the June 1981 Agreement. It
<br /> "DEM"Commissioner Richard Kendall, Representative should be noted that the Advisory Committee played a
<br /> Thomas Cahir, Nicholas Vontzalides, attorney for vital and most significant role in accomplishing this end
<br /> "DEM",Mark Cullinen of"DEM",Ernest Virgilio,Direc- result.
<br /> tor of Public Works,and others.As a result, South Cape
<br /> Beach Development Agreement was prepared by Chair- In 1990,the"Committee"considered coastal zone ero-
<br /> man Kirsner,which was submitted and eventually approv- sion of a dune, damage to which was allegedly at-
<br /> ed by Town Counsel and attorney for"DEM"which, in tributable to four-wheel vehicle traffic accessing from the
<br /> substance provided that: Town Beach. "Committee"recommended installation of
<br /> a fence to prevent access by four-wheel vehicles and close
<br /> (i) "DEM" promptly take the necessary steps to con- monitoring and strict enforcement of Town By-Law
<br /> struct the "New Town Beach" facility as presently which prohibits use of area by these vehicles.
<br /> designed, and to complete same no later than
<br /> December 31, 1991. Upon its completion "DEM" In 1990, a Special Meeting of the "Committee" was
<br /> would operate it as a State public area (Stae Beach). scheduled so that "DEM" could present its Final En-
<br /> vironmental Impact Report (FEIR) which, in fact, did
<br /> (ii)At any time prior to December 31, 1995,the Town incorporate many of the major objections and comments
<br /> could elect to exercise its exclusive option to accept made by the"Committee"and other departments and in-
<br /> the said"Town Beach" facility, to relinquish the cur- dividuals to previous environmental impact reports.
<br /> rent"Town Beach"and to proceed with various other
<br /> land exchanges provided in the 1981 Agreement bet- As a whole, the"Committee"is very pleased with the
<br /> ween the Town and "DEM". This election would be "FEIR" and highly commends "DEM" for the vast im-
<br /> by vote at Town Meeting. provements contained therein. It is clear that development
<br /> and use of the "Park" as presently contemplated in this
<br /> (iii) In the event Town did not exercise, its option by "FEIR" is more in line with the provisions of the 1981
<br /> December 31, 1995,then in such case,the Town would "Agreement"mandating that the fragile area and ecology
<br /> retain the current Town Beach, and "DEM" would of South Cape Beach be preserved.
<br /> keep the "New Town Beach" facility, and operate it
<br /> as the State facility; "Committee"acknowledges its gratefulness to all who
<br /> participated in this total united effort. It is clear with this
<br /> (iv) During the pendency of this Agreement, "DEM" kind of public-spirited intervention and contribution that
<br /> will provide daily access free of charge for a minimum the"Park" will be developed as orginally intended, and
<br /> of ten (10) Town residents during the summer thus preserve forever its fragile and beautiful ecology and
<br /> operating season. all natural resources, wildlife, etc.
<br /> (v)In the event the Town declines to accept the"New
<br /> Town Beach"facility, and present Town Beach park-
<br /> ing area is destroyed by natural causes, "DEM" will
<br /> negotiate in good faith with the Town, with a view
<br /> towards providing access and parking to Town
<br /> 109
<br />
|