2001-Annual Town Report - Laserfiche WebLink

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It was however most disturbing to note that the Selectmen write a letter to Commissioner Peter Weber aforementioned Legislation was inconsistent with the which would designate that the intended use by the J provisions of Paragraph 17 of the"Agreement"in that Town of the site would be for passive recreation only' it would obligate the "Town" (i) to be responsible for consistent with the current use of the"Park"and in full the costs of appraisals, surveys and other expenses compliance with current environmental regulations. 1 deemed necessary by the Commissioner of Capital Access by "non motorized" boats such as canoes and "! Planning for the granting of such title(ii)would oblig- kayaks would be authorized. The site would be open ate the Town to be responsible to pay the market value to the public without restrictions. j* of the ten acre site as established by an independent appraiser and would (iii) provide for review by the Mr. Kirsner further stated that prior to writing Inspector General of the entire transaction and com- such letter that the"Committee"would seek the opin- ments. None of these proposed conditions are con- ion of Town Counsel for his opinion as to what effect, tained within the "Agreement" and none were ever if any, Article 97 of the Constitution might have in the ! intended. subject matter. J 1 It is to be noted that paragraph 17 of the afore- It was further understood that Representative mentioned "Agreement"provides in substance that in Matthew C. Patrick would sponsor and prepare the furtherance of "DEM"s obligation to transfer title of proposed legislation, which is required to affect a the ten acre site to the "Town" that "The Department transfer of title. ("DEM") will initiate and support legislation transfer- a ring title of the site to the Town of Mashpee. In the An opinion was received from Town Counsel, !` event that such legislation fails of passage the David J. Doneski to the effect that "The Town should Department will lease said land to the Town of not be required to pay for the land to be transferred by Mashpee for a period of ninety nine years for the nom- DEM". inal consideration of one dollar." He further was of the opinion that in any event ! A meeting was finally arranged at the offices of the restrictions being placed on the use of the ten acre +'" Matthew C. Patrick in April 2001 attended by site would probably result in a minimal value appraisal Representative Nick Vontzalides, Counsel for DEM, and that as such the Town might not have to press its Morris Kirsner, Chairman of the "Committee", and right to acquire the land without payment as provided others to discuss and hopefully resolve the transfer to in paragraph 17. the "Town" of the ten-acre site. Mr. Vontzalides again asserted his position that the requested transfer is sub- A letter was thereafter written by Joyce A. ject to compliance with the provisions of Article 97 Mason in behalf of the Selectmen to Commissioner which calls for market evaluations,payments etc. Peter Weber as recommended by the "Committee". Mr. Vontzalides further stated that "DEM's" Legislation providing for the transfer of title to position requiring payment was not based on any the 10 acre site to the "Town" was recently prepared Statute but an internal policy of the Executive Office by Representative Patrick which is totally consistent of "DEM" and legislature that land transfers be for with the provisions of paragraph 17 of the 1981 market value and related costs. Agreement. It must now be furthered through the leg- islative process. The "Committee" will participate Mr. Kirsner reasserted the opinion of the and cooperate in such action. "Committee" that the transfer of the land as stated in paragraph 17 of the Agreement did not contemplate HUNTING nor infer that the Town would be obliged to pay any Hunting is not a permitted use of the "Park" monetary consideration. He further stated that the under the terms of the "Agreement", but Town By Town has already paid good and valuable considera- Laws do not prohibit such activity and thus the matter tion for the aforementioned site by reason of its is submitted to the "Committee" for its consideration respective promises and covenants as contained in the each year. 1981 Agreement. Accordingly, the "Committee" in 2001 again After an extended discussion and with the agree- considered whether or not hunting should be permitted ment of Mr. Vontzalides Mr. Kirsner stated that the within the "Park" during the 2001-2002 hunting sea- "Committee" would recommend that the Board of son. The major issue to be determined was whether or 119