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of appraisals, surveys and other expenses deemed nec- not hunting, at this time, was compatible and consis-
<br /> essary by the Commissioner of Capital planning for tent with the current use of the "Park" in its present
<br /> the granting of such title(iii) would obligate the Town undeveloped state,or whether to continue to allow this
<br /> to pay the market value of the ten acres as established activity would endanger the lives or safety of the pub-
<br /> by an independent appraiser (iv) provides for the lic using the "Park", or persons residing close to the
<br /> review by the Inspector General of the entire transac- locus of hunting.
<br /> tion and comments.
<br /> The new Park Supervisor, Joseph Souza, submitted
<br /> It is a fact that paragraph#17 of the Agreement pro- a report which, in essence, stated that there had not
<br /> vides that the Town use the site for a boat launch facil- been any major problems during the past hunting sea-
<br /> ity. However, the Selectmen by vote in October 1997, son and it was his opinion that there was no need to
<br /> voted to designate the use for "recreation/ open space curtail hunting activities for the coming season.
<br /> and public access" which is a use less harmful to the
<br /> environment of Waquoit Bay, and consistent with the There were also statements by representatives of
<br /> current use of the site by "DEM", namely conserva- the hunters who expressed their reasons in favor of
<br /> tion, recreation forest and open space purposes. continued hunting. There were not presented at the
<br /> meeting,any incidents wherein the hunters had caused
<br /> The"Agreement"does not obligate the Town to pay any injury to the public using the"Park" or the nearby
<br /> any of the monetary considerations noted in the"Act" residents.
<br /> above, and to now impose such obligation is a materi-
<br /> al and significant breach of the "Agreement". Although there is clearly a growing concern by the
<br /> "Committee" as to whether hunting should be
<br /> In fact, paragraph#17 of the "Agreement", in sub- allowed, it was the consensus of a majority of the
<br /> stance,provides that in the event legislation to transfer members that the current use of the "Park" was not
<br /> title to the Town fails, then, in such case, the such that the "Committee" could foresee any conflict
<br /> Commonwealth has the unconditional obligation to between regulated hunting and current "Park" use.
<br /> lease the subject area of land to the Town for a term of This recommendation to permit hunting is again pro-
<br /> 99 years and for the consideration of one ($1.00) dol- bational, and will be reviewed and considered each
<br /> 1 year, or as the situation may change within the year.
<br /> s The above recommendation, as in the past years, is
<br /> conditional upon the Park Supervisor placing "Safety
<br /> Furthermore, the "Agreement" establishes an
<br /> unconditional obligation by the Commonwealth to Zone" signs in prominent locations to protect the pub-
<br /> transfer title to the Town, of the ten acre site, and does lic and that patrols would be made by "DEM"person-
<br /> j not invite any review or comments of the transaction nel as time and staffing would permit.
<br /> by the Inspector General.
<br /> GATE AT WILLS WORK ROAD
<br />'i It is also to be noted that the"Act" makes no refer-
<br /> ence whatsoever to the "Agreement", and it may well This gate provides access for shell fishermen, sail
<br /> be, that the author of the "Act" was not aware of the boarders and others. In the past it has been closed by
<br /> "Agreement" at the time the legislation was prepared. "DEM" due to vandalism, small fires and the area
<br /> s being littered with beer cans and trash. Homeowners
<br /> All of these facts have been called to the attention in the vicinity have expressed their concerns about
<br /> of Senator Rauschenbach, and a copy of the fires and their safety. Various efforts have been made
<br /> ! Agreement has been forwarded to him so that new leg- by both "DEM" and the homeowners to resolve this
<br /> islation consistent with the"Agreement" will be filed. problem by having the gate opened in the morning and
<br /> closed at night. However, such personnel has not
<br /> HUNTING always been available. At the "Committee" meeting
<br /> in June of 1998, Mr. Souza, "Park" Supervisor, stated
<br /> Hunting is not a permitted use of the "Park" under that he can take care of the opening of the gate in the
<br /> the terms of the "Agreement", but Town By-Laws do morning but did not have the staff to close it at night.
<br /> not prohibit such activity, and thus the matter is sub- Mr. Ben Lofchie, a member of the "Committee", and
<br /> mitted to the "Committee" for its consideration each resident in the subject area, stated that he would pre-
<br /> year. sent this matter at a Board Meeting of the South Cape
<br /> Beach Estates, and hopefully, three to four people can
<br /> Accordingly, the "Committee" in 1998 again con- alternate in closing the gate in the evening.
<br /> sidered whether or not hunting should be permitted
<br /> within the "Park" during the 1998-1999 hunting sea-
<br /> son. The major issue to be determined was whether or
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