Town to seek valuation of James Avenue beach parcel, allows abutter to use railroad bed
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The owner of the access point for the beach at james avenue has blocked residents from crossing his property in order to protect his rights. A spring town meeting article authorized the select board to pursue an agreement with the owner to guarantee public access. [PHOTO COURTESY OF KELLY REILLY]
By Carol Britton Meyer
The select board this week heard the first “Annual Comprehensive Financial Review” of the town’s finances; approved a license agreement for the owner of 9 Manomet Ave. to use an adjacent portion of the former railroad bed; discussed posting a draft meeting agenda 72 hours in advance in addition to the required posting of the final agenda 48 hours ahead of time; and heard an update on James Avenue beach access.
Regarding the access issue, Town Counsel Brian Winner – noting that Article 44 passed at the spring town meeting – recommended that the board commission an appraisal of the property involved, an action they supported.
A citizens’ petition sponsored by Kathleen Wolf – which passed on a vote of 191 to 11 following a lengthy discussion, meeting the two-thirds vote requirement – authorizes the select board to acquire either an easement in, or to purchase outright, a small, privately-owned parcel of land on James Avenue that has traditionally been used by the public for beach access. In 2017, town meeting voted in favor of a similar proposal, but no action was taken by the town.
This would allow people to continue to take four or five steps onto the property owner’s land to access the beach.
Once the appraisal has been done, the board will discuss the issue and next steps at a future meeting, including a funding source – which could require a town meeting vote, depending on the cost. Another consideration, Winner said, is that the property owner could challenge any action taken by the town in court.
Select board member Greg Grey said he stopped by the beach recently and the cables that had been placed across part of the property by the owner to prevent beach access had been cut, “fishermen were on the beach, and someone was walking their dog. I agree that what the owner is doing is wrong, [but people are] using the beach anyway. One person being very mean is what it is.”
One abutter said that she and others living in the area don’t have a problem with allowing people to access the beach.
Another said “it’s a beautiful spot for the neighborhood and for people wanting to bring their kids with inner tubes and kayaks – I wouldn’t want to see that change.”
In approving a license agreement allowing the owners of 9 Manomet Ave. – Karl D. and Lettie E. Buldoukian, trustees of the Summer Wind Irrevocable Realty Trust – to implement a restoration plan for a section of the former railroad bed that was approved by the conservation commission, Winner said having one in place is a tool that will enable them to finish restorative work that’s necessary due to plantings being removed during earlier construction – “without prejudice” in order to allow further discussion, including a report, about “the larger issues surrounding [the railroad bed]” at a future meeting.
“This is kind of an access agreement,” he said.
Board member Jerry Taverna called use of the railroad bed by abutters “the hot potato of the entire town. We’re waiting on the report [that will be presented] at a future meeting.”
During yet another discussion, the board decided to delay a vote on the proposed 72-hour draft agenda notice until member Irwin Nesoff is present. The board talked about this idea at its recent retreat.
“I suggested that the draft agenda [be posted] 72 hours ahead of the meetings, even though the law says 48 hours because I think it’s important to give citizens extra time to go through the agenda items, do their own research, and get prepared for a meeting,” board member Susan Short Green said. “This is our opportunity to show citizens we’ve heard them and are willing to make changes to our policies and procedures with them in mind.”
Constable noted that an agenda can be updated any time prior to the 48-hour timeframe.
Chair Brian McCarthy said he has been “inundated with emails” from citizens “looking to have agenda information earlier. That might make more work [for the town manager], but it’s probably the right thing to do at this time.”
If approved following further discussion at the July 22 meeting, the draft agenda would be marked as such with a watermark. Green offered to work on the wording in the meantime.
The 137-page “Annual Comprehensive Financial Review,” which was presented by Town Accountant Michael Buckley and Town Treasurer Eileen White and will be posted on the town website, “is a vital piece of Hull’s financial road map to where the town is going over the next 10 to 30 years,” Constable said. “This is an independent review of the overall financial health of the town – a plain-language overview – designed to be used by elected and appointed officials and citizens.”
After the board has an opportunity to review the document over the summer, there will be a “deeper dive” presentation on the town’s financial status in the fall.
“This is one of the ultimate tools in providing transparency and will help town leaders make informed decisions using facts rather than assumptions and will build public trust,” Constable said.
The report will also help establish Hull’s creditworthiness as the town faces some major capital projects.
“That we’re in a stable financial position now is due in large part to new development or redevelopment of existing properties,” she said.
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