1996-Annual Town Report - Laserfiche WebLink

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OPEN SPACE BOND BILL Commissioner is "that the gates will be opened by the CHAPTER 15 OF ACTS OF 1996 South Cape Beach staff during the summer at 7:30 AM. It had been closed by their staff at 6:00 PM.Beginning The above bill relates to hunting on open space July first,when they would have a larger staff,the gate ides that State would remain open until 8:00 PM.". lands. In essence the legislation prov agencies which acquire a fee interest in land for open space or conservation purposes must first obtain the icy.The"Committee"accepted this official"DEM"pol ecutive O approval of the Secretary of the Ex before "implementing or endorsing any prohibition of E SITE ON GREAT RIVER, fishing,hunting or trapping on such land and shall pro- TEN ACRE BAY vide the Secretary with written justification of such prohibition".For state agencies which control fee inter- Paragraph 17 of the "Agreement" obligates"DEM" ests prior to the effective date of such legislation,writ- f, ten justification of any such prohibition must be pro- to reserve and provide to the Town a suitable site on vided to the Secretary within 60 days of said effective Great River,Waquoit Bay for the construction of a boat launch facility.The area or site is to be no less than ten date. acres with access to and from Wills Work Road, Morris Kirsner, Esq. Chairman, sought the opinion "DEM" is further obligated to construct an improved of"Town" counsel as to whether said legislation sup- access road to said facility and to seek for the benefit of p "Committee" rela- lanted the review authority of the the Town, funds that are available for municipal boat five to hunting and other recreational uses proposed for launching facilities." The "Committee" has already #1 of the "Agree- the "Park", pursuant to paragraph identified and recommended the special location of the ten acre site. merif It was the opinion of Town Counsel that"the legis- It is the position of Nicholas Vontzalides, Attorney lation in question will not impair the advisory authori- for"DEM"that under the provisions of the South Cape ty of the "Committee". "The legislation does not sup- Beach Development Agreement of 1990,"DEM"isnot plant the review process; rather, it simply provides obliged at this time to fulfill its responsibility with ref i. another level of State review for conservation land erence to the ten acre site until (i) the "Town" has under the ownership of State agencies, agreement with resolved with finality whether or not it will exercise its the Commonwealth." option to elect to take the new Town Beach("Facility") as its Town beach, and further (ii) that "DEM" must GATE AT WILLS WORK ROAD have the ability to allot funds reasonably sufficient to construct the remaining improvements. This gate provides access for shell fishermen, sail boarders and others. In the past it had been closed by Mr. Kirsner, Chairman of the "Committee", dis "DEM" due to vandalism, small fires and the area agrees and contends that the aforementioned conditions being littered with beer cans and trash.Homeowners in do not relate to the ten acre site and that "DEM"is the vicinity have expressed their concern about fires obliged, at this time, to fulfill its obligations with ref- and their safety."DEM"contended that because of lim- erence thereto. ited personnel it could not effectively monitor the daily Meetings will be scheduled between the "Commit opening and closing of the gates. For a period of time volunteer groups were formed who took care of the tee" and "DEM"toresolve this issue and may be referred the opening and closing of the gate but this worked for a absence of any agreement the while only. The neighborhood association considered the Attorney General's Office for determination.Hope- undertaking the opening and closing of the gates but fully,that will not be necessary. eventually decided not to assume that responsibility for «DEM"MANAGEMENT OF THE FACILITY reasons of potential liability. T�«,mnww uFA(`Al — SUMMER OF IM (NEW �O.. This matter has been before the "Committee" on a °°was of number of occasions in an effort to try to balance the The management of the"Facility"by"DEW cern to the "Committee" who had interests of the residents and those who have been great con ement using the gates.Various suggestions were made such as the South Cape Beach Recreation Area Manag I system. Plan submitted by "DEM". volunteer groups and a key contro Some of the major concerns included (iu Sea rvisege Finally, at the June meeting of the "Committee" Christine Gault manager of("WEBNERR') stated that "WBNERR" to effectively monitor ands p the official policy of"DEM", as supported by a recent recreational area,(ii)Unauthorized use of over the ds meeting of the Director of Forests and Parks and the vehicles, (iii)providing adequate number of life g 130