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templated. Chairman Kirsner promptly scheduled a
<br /> Report of the "Committee" meeting and invited the Commissioner to
<br /> attend and discuss with the members the various problems
<br /> South Cape Beach State Park
<br /> which were delaying these improvements. The Commis-
<br /> sioner in substance stated:
<br /> Committee
<br /> Advisory
<br /> 1) Section One of the State Act relative to the improve-
<br /> ment of the "Road" required that there be a fifty (50%
<br /> To the Honorable Board of Selectmen percent reimbursement from the Federal Government of
<br /> and the Citizens of the Town of Mashpee: the total costs of improvement before State funds could
<br /> be released. As long as this language remained in the
<br /> The South Cape Beach State Park Advisory Commit statute,there was an absolute bar to the transfer of funds
<br /> tee("Committee")at its monthly meetings during the year
<br /> to the "Town". The "Road", being a town road, clearly
<br /> 1991 considered and made various recommendations did not qualify for Federal funding. A legislative remedy
<br /> relative to the use of the South Cape Beach State Park
<br /> was required, and both Senator Henri Rauschenbach and
<br /> ("Park") which will be discussed later in this report. Representative Thomas Cahir, by amendment to another
<br /> bill,were successful in deleting this requirement and thus
<br /> Great Oak Road and New Town Beach
<br /> removing this barrier.
<br /> As stated in my 1990 Annual Report, the Board of
<br /> posed
<br /> Selectmen ("Board") on December 27, 1990, signed two 11)Appropriate budget language is required in pro
<br /> Agreements between the Town and The Department of legislation so as to obtain and release the$620,000 to im-
<br /> he "Road." The Commissioner, Representative
<br /> Environmental Management ("DEM"), one of which prove t
<br /> related to the improvement of Great Oak Road("Road") Cahir and Senator Rauschenbach have made significant
<br /> and the other to the relocation and development of the progress in this direction.
<br /> New Town Beach facility("Facility"). These Agreements
<br /> had ended years of delay and indecision, and represent 111)A further prerequisite for funding is compliance with
<br /> the MEPA process and the filing of the appropriate cer-
<br /> a major step towards the final implementation of the
<br /> tificate. However, due to an apparent misreading of the
<br /> "Agreement" of June 1981 between the "Town" and
<br /> Construction Agreement relative to the"Road"it N
<br /> "DEM", which by its terms, provisions, and conditions,
<br /> roneously construed that the "Road" was to be
<br /> ols and regulates the overall development and use
<br /> contr
<br /> reconstructed with a complete realignment of its right of
<br /> of the "Park."
<br /> way to conform to the paper right of way on record at
<br /> "DEM"pursuant to the terms of the"Great Oak Road" the Barnstable Land Court, thus posing various en-
<br /> Agreement is obligated to provide to the Town$620,000, vironmental problems. An objection was therefore filed
<br /> of which up to $580,000 is to be used by the"Town" to to the EIR. This, in fact, was not the case. The Agree-
<br /> improve Great Oak Road, and$40,000 represents reim- ment did not require a realignment and the "Road"was
<br /> bursement for monies already expended by the "Town" to be improved consistent with its right of way as present-
<br /> in correcting a major encroachment of Great Oak Road ly used and travelled. Accordingly, there will be filed a
<br /> "Notice of Change of Project" which will eliminate ob-
<br /> on land known as the Kennedy property.
<br /> jection, so that the project can go forward when funds
<br /> The $620,000 is to be appropriated by legislative ac- are available.
<br /> initiated by Representative Thomas Cahir.
<br /> tion
<br /> IV) The "Commissioner" stated that this year there is a
<br /> tight capital spending cap, with little,if any,room to find
<br /> The development of the New Town Beach facility will
<br /> ost approximately $500,000. These funds have already be
<br /> c the$620,000. He is hopeful that this condition would
<br /> been appropriated,are in the 1991 Fiscal Budget, and may somewhat eased commencing July 1, 1992. He encourag-
<br /> be released at the discretion of the Commissioner of ther
<br /> ed the Director of Public Works, Greg Taylor, and o
<br /> "DEM".
<br /> involved persons to initiate such steps and action as may
<br /> be necessary so as to obtain the necessary releases rom
<br /> It was originally contemplated that the improvement
<br /> the owner of lands that encroach on Great Oak Road,
<br /> of the "Road" would start in the Spring of 1991. Later
<br /> that date was moved ahead to the early Fall of 1991,with so that when funding is available,the improvement could
<br /> proceed without delay. The Commissioner did indicate
<br /> an anticipated completion date of Spring of 1992. The
<br /> the possibility of advancing some monies in the Spring
<br /> "Agreement" relative to the construction of the "Facili-
<br /> which may be necessary to accomplish this end.
<br /> ty" requires its completion on or before June 1992.
<br /> However, due to the circumstances hereinafter stated, it
<br /> It is clear from the Commissioner's presentation that he
<br /> obvious these projects are and will be delayed.
<br /> is is truly dedicated to the improvement of Great Oak Road
<br /> In the fall of 1991, Chairman Kirsner attended a and the construction of the New Town Beach facility.
<br /> meeting with DEM Commissioner Peter C. Webber
<br /> ("Commissioner") , Representative Thomas Cahir and
<br /> Senator Henri Rauschenbach and was informed that due
<br /> to the economic plight of the Commonwealth,the funds
<br /> necessary to improve the"Road"and construct the beach
<br /> "Facility" would not be available, as originally con-
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