Voters split on Beach Avenue eminent domain proposal, approving two of three takings for Nantasket dune system
/By Carol Britton Meyer
A warrant article that would have authorized the select board to take three parcels of land on Beach Avenue by eminent domain ensure continuity of the protective dune system on Nantasket Beach took center stage during Monday’s first annual meeting session, resulting in a lengthy discussion and a split vote.
Two of the three separate votes included in Article 17 won voter support; with approval given to acquire parcels at 31 Beach Avenue, and 33 Malta Street.
Flood protection
The select board, which sponsored the article, has deemed the acquisition of these parcels to be an essential step in protecting residents and property on Beach Avenue and the surrounding area from coastal flooding and expected higher tides. The dune system is part of the town’s flood protection and mitigation planning.
Parts A and B of the article passed following reconsideration of both at a citizen’s request, because there was such a wide gap in the number of total votes between the two on the first vote. The final vote related to 33 Malta Street was 233 to 81, and 235 to 83 for 31 Beach Avenue.
among those debating land taking on Beach Avenue was Francine Townsend, who with her husband, Paul, developed the Sandcastle condominiums at 175 Beach Avenue and lived in the neighborhood for many years.
However, voters failed to approve the third part of the warrant article – 17C – which would have taken portion of 169 Beach Avenue, on a close vote, with 162 against and 156 in favor. A request for reconsideration of this vote did not pass by the required two-thirds.
Similar article failed last year
A similar warrant article that did not require separate votes failed to pass at the 2024 annual town meeting.
John Ferrara, who owns the property at 169 Beach Avenue, said he’s been fighting the town’s efforts along these lines for five years.
“We love our dune. It’s our only line of defense. There’s no logic behind the vote, because we are maintaining the dune better than the town would,” he said, noting that he has offered to work with town officials to resolve the issue. “We don’t want this fight, but we’re not going to back down from this.”
While saying he was appreciative of Ferrara’s efforts to keep the dune near his house in good shape, North Truro Street resident Dan Sullivan asked what would happen if Ferrara and his family were to move.
A Malta Street resident urged voters to support the article due to flooding that occurs in that area and behind it.
Select board member Jerry Taverna, speaking as a resident, advocated against the article.
“While I agree in concept, I encourage people to vote no due in part to the extended lawsuits and because this looks to be a political loser,” he said.
Harry Hibbard, an attorney and current member of the planning board, said he believes that there needs to be “a central authority to protect the dune system,” rather than leaving its upkeep to individual property owners.
“We’re talking about a section within the layout of Beach Avenue at three locations, which the town asserts it already owns,” Director of Climate Adaptation and Conservation Chris Krahforst said before the votes were taken. The purpose, he said, “is to strengthen the town’s efforts toward improving primary dune resiliency” in this area through the establishment of a continuous dune system.
Dune cutouts impact nearby properties
Town Manager Jennifer Constable noted that two of the properties in the warrant article “are located in a repetitive loss area” that has already received $16 million in Federal Emergency Management Agency assistance due to flooding, not including private insurance.
“Cutouts in the dunes have a real impact” on nearby properties and the surrounding area, she said.
Manomet Avenue resident Mary Dunphy, who lives around the corner from Malta Street, said the area “is always flooded,” also noting that “there’s no dune protection at 31 Beach Ave., just a pile of rocks.”
She added that this proposed project “is for the greater good of our town, and sometimes you have to do what’s right for the betterment of others.”
Replays of all the town meeting sessions will be available on demand at Hull Community Television’s website, www.hulltv.net.
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