2003-Annual Town Report - Laserfiche WebLink

Home Browse Search

Selectmen to "DEM" Commissioner Peter Weber, Report of the expressly designating "that the intended use by the South Cape Beach Advisory Town of the site would be for passive recreation only, consistent with the current use of the"Park"and in full r Committee compliance with current environmental regulations. Access by "non motorized" boats such as canoes and kayaks would be authorized. The site would be open To the Honorable Board of Selectmen to the public without restrictions." and the Citizens of the Town of Mashpee The South Cape Beach State Park Advisory It would appear that by reason of the aforemen- Committee ("Committee") at its meetings during the tioned restrictions being placed on the 10 acre site,that C' any appraisal thereof, if any, would probably be of a year 2003 considered and made various recommenda- tions relative to the use and management of the South minimal value and, as such, The "Town" might not Cape Beach State Park ("Park") and its amenities. have to press its legal right to acquire the land without payment. A letter was written by the Board agreeing to such restriction. TEN ACRE SITE -WAQUOIT BAY tAs stated in prior annual reports,paragraph 17 of Representative Matthew Patrick assumed the i the Amended Agreement between the Commonwealth responsibility of filing the appropriate legislation to of Massachusetts ("DEM") and the Town of Mashpee affect a transfer of title to the site. It is House Bill ("Town") dated June 29, 1981, obligates "DEM" to No. 3948 dated July 16,2003 and is currently pending. transfer the above site to the"Town"for the purpose of a boat launch facility."DEM"is further obliged to fur- In order that other various issues be resolved r nish an improved access road to the site. There are no such as access to the site, parking facilities and other i conditions imposed upon the "Town" to effectuate related matters, a Committee was formed consisting of I this transfer, nor are there any monetary obligations Brendan Annett and Christine Gault of Waquoit s; imposed upon the "Town". National Estuarine Research Reserve, (DCR) Robert Sherman Mashpee Conservation Department and a It is to be noted that paragraph 17 of the afore- Sub Committee appointed by Chairman Kirsner and mentioned"Agreement" further provides in substance consisting of Bruce McHenry, William Martiros and that in furtherance of "DEM"s obligation to transfer Jeralyn Smith. title of the ten acre site to the "Town" that "The Department("DEM") will initiate and support legisla- Various recommendations were made by letter tion, transferring title of the site to the Town of on October 16,2003 written by Brendan Annett which Mashpee. In the event that such legislation fails of were not satisfactory to the "Committee". Discussion passage, the Department will lease said land to the will continue. Town of Mashpee for a period of ninety nine years for the nominal consideration of one dollar." Once an Agreement on all issues is hopefully reached, Representative Matthew Patrick will then It however is the position of "DEM" as repre- move forward on the pending legislation. sented by its counsel Nicholas Vontzalides,that it was internal policy of the Executive Office of"DEM" and HUNTING the Legislature, that land transfers be for market value Hunting is not a permitted use of the "Park" and related costs. under the terms of the"Agreement",but Town Bylaws Mr. Kirsner, Chairman of the "Committee", do not prohibit such activity, and thus, the matter is reasserted the firm opinion of the "Committee" that submitted to the "Committee" for its consideration the transfer of the land,as stated in paragraph 17 of the each year. Agreement did not contemplate, nor infer that the Accordingly, the "Committee" in 2003 again Town would be obliged to pay any monetary consider- - ation. He further stated that the Town has already paid considered whether or not hunting should be permitted good and valuable consideration for the aforemen- within the "Park" during the 2003-2004 hunting sea- tioned site by reason of its respective promises and son. The major issue to be determined was whether or covenants as contained in the 1981 Agreement. not hunting at this time was compatible and consistent with the current use of the "Park" in its present unde- In order to hopefully resolve this issue it was veloped state, or whether to continue to allow this suggested that a letter be written by the Board of activity would endanger the lives or safety of the pub- 139