By Carol Britton Meyer

The select board Wednesday night approved on a 4-1 vote an order of taking and awarded related damages to the owners of 31 Beach Ave. and 33 Malta St. as part of a dune protection effort along Nantasket Beach.

Following an executive session with the select board to discuss litigation strategy involving these properties, former Town Counsel James Lampke – who has been involved with this case for some time – asked the board to approve the order and to award damages of $7,100 for each property.

**BEACHED:** The town is slated to take by eminent domain the beach parcels across from 33 Malta Street (top) and 31 Beach avenue (Bottom), as authorized by a vote at the spring town meeting.

Voters at this year’s annual town meeting supported the town acquiring both parcels by eminent domain as a step toward protecting residents and property on Beach Avenue and the surrounding area from flooding and expected higher tides, and to ensure the integrity of the protective dune system. Jerry Taverna – who opposed the town meeting article – voted against the order of taking Wednesday night.

“We’re not talking about taking anyone’s house, but patios that are on town property and in part of the street,” Lampke said.

The patios are impacting the town’s efforts “to build an effective dune system along the beach to protect properties west of Beach Avenue from any onslaught of storms,” he said.

In order to do this, “it’s necessary to acquire a clean title and remove any doubts,” Lampke said. “The dune will be built and reinforced in this area similar to other parts of Beach Avenue in accordance with the town meeting vote. Once an order of taking is recorded at the Registry of Deeds, any claims others have to these properties will be extinguished.”

A resident of 33 Malta St. noted that this case hasn’t gone through Land Court, questioned the $7,100 in damages, and urged the board not to vote in favor of the order of taking.

“We have tried every step of the way to work with you,” she said. “We closed out path to the beach and planted beach grass and are asking you to build the dune up … and stop fighting with us. The patio has been there for years. Work with us. You are not talking with us.”

The two property owners have the right to challenge the amount of the damages, which was determined by an appraiser, and the eminent domain process “saying it’s not for a public purpose,” Lampke said.

“The town says it’s necessary to have a good dune system to alleviate flooding and for the protection of private property and the town’s infrastructure, which is a public purpose,” he said.

The property owners will receive notice of the action and will be notified of their rights and the timeframe for filing any appeals.

The board also authorized Town Manager Jennifer Constable to sign documents related to the property takings on behalf of the town.

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