1997-Annual Town Report - Laserfiche WebLink

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the terns ng already identified and recommended the specific loca- Which thus presents andpi a conflict.oplover during the summer tion of the ten acre site. ess road has deteriorated. In 1997 the "Committee" requested that "DEM" take the necessary steps to transfer title to the site to The "Committee" addressed this problem with terms of the "DEM" and it was finally resolved internally within the "Town", as required by the "Agreement". This request was confirmed by vote of "DEM" who will initiate a permit-access program for the Board of Selectmen. Dead Neck in accordance with the"Agreement". This access is solely for elderly and handicapped persons, However, "DEM" through its counsel Nicholas from sundown to sunrise. There is a maximum of six Vontzalides,contended that under the provisions of the vehicles and access is subject to the following limita- South Cape Beach Development Agreement of 1990, tions: Vehicles must remain behind dune structure on "DEM" is not obliged at this time to fulfill its respon- the remnants of Dead Neck Road; access will be sibility relative to the transfer of title. restricted or curtailed during mating periods and nest- Mr. Kirsner, Chairman of the "Committee", dis- ing season if nesting occurs within 300 feet of the access road. agreed and in a memorandum which interpreted the FUTURE DEVELOPMENT OF THE"PARK"- provisions of the South Cape Development Agreement TOWN'S OPTION TO ACQUIRE set forth the reasons supporting his opinion "that the obligation of "DEM" to proceed with the transfer of NEW TOWN BEACH title is totally unrelated and unaffected by the condi- The design components of the "Park" include the tions set forth by Mr. Vontzalides." construction of a visitors center which will be a one September of 1997 at story structure comprising approximately 2500 square nail held in Se P s finally rY 'n wa P meeting Y g °° which were resent Todd feet and will contain one main purpose room, mfor- M at P the office of DE « Frederick,Director of Forest and Parks,various mem- mation and viewing space, two offices for DEM s bers of the "Committee", Representative Thomas "Park" supervisor and naturalist, toilets, first aid and Cahir, representative of the office of Senator storage space,etc. It will expand interpretive and edu- Raushenbach and others. "DEM"agreed to initiate the cational activities within the "Park" and will provide steps necessary to transfer title which included the fil- information to the general public concerning the ing and approval of legislation and the intended use of "Park", its facilities and regulations. The multi-pur- the site by the Town. pose room will be used in part for educational semi- ,�� nars. A deck at the rear of the visitors center will The"Agreement"had designated the use as a"boat allow views of Sage Lot Pond. j launching facility" but the Board of Selectmen, at its meeting in October of 1997,voted to designate the use However, "DEM" is not obliged to proceed at this I� of the site "for recreation, open space and public time with the construction and development of the access". Visitors COnter and other components because of spe !i cific provisions in the South Cape Beach Development The "Committee", Representative Thomas Cahir, Agreement of December 1990, which restrict such 'I the Board of Selectmen, Office of Senator Henri development until(i)there has been final action on the Raushenbach, all played a very active part in this mat- option granted to the Town as to whether it will, or ter, and will continue to do so with reference to the will not,accept or reject the New Town Beach Facility proposed legislation. and (ii) "DEM" has allotted funds reasonably suffi- ' It is to be noted that if legislative approval should cient to construct the remaining improvements as not be obtained, The Commonwealth of designed." Massachusetts is obliged under the terms of the An article relating to the option was presented at the "Agreement" in such case, to execute a lease to the Town Meeting on October 2, 1995 and although a j Town of the ten acres for 99 years for the nominal con- majority of the voters favored transferring ownership '1 sideration of one ($1.00) dollar. of the"Town"Beach for the"Facility",the Article di DEAD NECK ROAD -HANDICAP ACCESS not pass,as it required a two thirds vote. The vote was 141 to 108. Paragraph #4 of the "Agreement" provides for The "Committee", in April of 1997, at the request vehicular access by the handicapped, by persons over sof the Board of Selectmen, again considered the mat- ixty years of age, those suffering from ambulatory ter, and by a majority vote recommended that an diseases,or holding disabled veteran status to the fish- Article be placed in the Town Warrant for considera- f ing areas. Apparently such access has not been pro- tion at the Town meeting scheduled for May 5, 1997• f vided by "DEM" because the area is used for nesting 156