Access vs protection, should really be access within protection -

In a four page letter - copied and pasted below - Dom Gautrau, representing the Long Beach Association. has detailed his attempt, as a representative of the residents of Long Beach Rd , to have a boardwalk erected over the beach grass with a fence along the edges to further protect the grass planted as part of this project.

Town residents who use this access, and the access further west, have expressed concern to Town Councilors that a boardwalk would only further limit use of this public access.

I have, since this discussion began, heard several complaints about the boardwalk over the conservation land, its restrictions and construction.

I sense, after speaking to most of the town councilors who have been exposed to this issue, that councilors support the notion that we establish that the property within the town ways to water should not be restricted to use based on this planted beach grass. 

If it is determined that damage to the grass that grows within the access areas as a result of this project is creating a danger of breach, or of the type of erosion that would threaten the entire area, the town can simply re-nourish as necessary, as it does to other public access areas around town.

The tone of Mr. Gautrau’s letter is disappointing and unfortunate, to say the least.

He refers to those who use the beach as “local people,” “beachgoers,” and “short-term visitors with ties to town hall,” who, by using the areas of grass as windbreaks, will “compromise and endanger (the beach) by their capricious whims.”

The people who use this beach and are unhappy with the way they have been treated by abutters.  They are all residents of this town who do not live on the beach, but pay for access to the beach with taxpayer money. Most will tell you that they live here year round because of our beaches.

Further, there have been suggestions by residents and some councilors that the lawn that now covers Cross St be used for a picnic table. In his letter Mr. Gautrau notes that he and his neighbors have paid for the beach grass and re-nourishment that protects their homes with personal funds, then continues with, “However, I must have made my point, because now I hear that these same local people want to completely tear up the beach grass for all these Ways (to water), tear down the dunes and put up picnic tables and benches! What’s next, a Ferris Wheel?”

In his letter he also references MGL laws 91 and 1641-47 that would establish rights to limit usage of the beach areas in front of the homes of those who live on Long Beach.  This might be considered a veiled threat, which is unfortunate.

I hope we can establish that the grass within the ways to water is not there naturally, is not necessary to prevent a break, and can be used by residents without interference by abutters.  Further, that the area that was once Cross St is part of the public access and can be also be used by residents within the laws and ordinances that govern our public use of town land. 

And, finally, during the Centerville Civic Association meeting (Nov?) where Mr. Gautrau described the Long Beach Assoc. Inc. proposal for a boardwalk over the planted grass on the public access, most members were unhappy with what he described.  He pointed out that if we didn’t protect this grass (by building the boardwalk) we would risk a breach like the one in Chatham. 

He told the association that when the sand was washed away from Long Beach it simply “went out to sea.”  This elicited concern from one member, and perhaps this is the support Mr. Gautrau felt he had from the association. 

But the message that councilors have received from the association is they do not want any further limits put on access to Long Beach.  This is a message we are getting from residents all over town regarding several Ways to water… and town-owned access to water.

After that CVA meeting, several members remembered a presentation at one of our vision sessions by Rob Gatewood that showed how the sand shifted over the years in that area.  When it shifted from Long Beach, it would move towards Covells.  Jack Pendergast noted that over time his beach would increase.

We need to establish the “threat” of damage to the planted grass vs. the limits to access and use.  There is a high value given to access and use these days as so many people talk about the cost of living here on Cape Cod and finding the pay off for that struggle in a walk along, or hours spent sitting on the beach.

Janet Joakim

text from Dom Gautrau's letter to Town Manager John Klimm- representing the Long Beach Association:

RE: Town Way and Cross Street, Long Beach

Dear John:

I thought it would be beneficial for all concerned parties if I took the time to recap the events surrounding our concerns about the two Town Ways to water on Long Beach. For the past few years we have noted the increased manmade erosion at these two locations and have voiced our apprehension to the Conservation Commission. The dunes are being severely cut into by beachgoers in order to form windbreaks and the beach grass planted at our expense and under Order of Condition by the Conservation Commission is being tom out in order to gain more usable beach. Both of these actions we find unacceptable because they severely impact the long term stability and viability of this valuable barrier beach.

On August 15 of last year Mrs. Alex Murphy (an abutter, # 249 Long Beach Road) and I appeared before the Conservation Commission to request remediation efforts for the two ' ways. These consisted of 4 items (see attached):

1) Installation of a boardwalk to take beachgoers through the dunes on a defined path from the grass to the beach itself. (Please note that the dune area is protected and is not  a beach). Since the Conservation Commission had installed this same boardwalk on their beach at the end of Long Beach Road for the same reason of pedestrian traffic control we felt it would be effective here.

2) Installation of snow fences alongside the boardwalks in order to capture blowing sand over the winter which would fill in the eroded sections naturally and stop

walkers from further damaging these areas while they were being rebuilt.

3) Replanting of the beach grass that had been pulled out by users.

4) Installation of signs reminding beachgoers not to walk on the dunes or beach grass.

After a thorough discussion with the commissioners they recommended that since the

. two properties were Town owned that these remediation efforts should be requested by the Town and brought back before them. However, and most importantly, they were favorably inclined towards these 4 items! I have the videotape of that meeting

and you may also request it from your IT department. .

On September 14, I met with you and Lindsey Counsell (Town Waterways Committee) to present our proposals and ask for Town support. At the end of that meeting we went next door and you asked Mark Ells, Director of DPW to come up with costs and a formal-plan. Over the next 2 months I had several phone, email and visits with Mark in order to move the project along since we had support at every level.

By November after not hearing anything definitive I requested another meeting and on November 2 r you arranged for us to meet with Rob Gatewood, Conservation' Commission Administrator, at your office. After reviewing the project again, YQU and Rob agreed that the proposals needed to be scheduled as quickly as possible and Rob was able to get it docketed for the December 12 Conservation Commission meeting. He also suggested AmeriCorps to do the physical work since they had recently called him looking for beneficial community projects. At that point it was win, win, win! You subsequently asked DPW to come up with plans quickly in order to present the project t6 the Conservation Commission on December 12.

You can imagine my shock as I was preparing for the Conservation Commission hearing to learn that some local individuals had completely mischaracterized our efforts and through their objections had forced the Town to withdraw the application! Either from ignorance or by design they turned the remediation efforts into one of accessibility, which in all of our meetings with your office, DPW or ConCom was never discussed or hinted. In fact, our number 1 request was for a boardwalk in order to facilitate access! '

On December 4 at the Centerville Civic Association meeting I was given the opportunity to present our views and for over an hour I repeated over and over and over that accessibility is not and never was the issue but that responsibility is and always will be. I showed them pictures of beachgoers in the dunes and where they had dug out sections in order to give themselves more room. I also told them that there are issues of trash, littering and fires in these two areas.Trash. Because beachgoers have been leaving trash and food behind we have been working with DPW over the 'last 2 years to try and mitigate this problem. Barrels were placed but they only seemed to attract more refuse (same as the one at the end of Long Beach Road at the beginning of the Conservation Commission property). This trash problem has led to an increase in rodents and now, of Course to an increase in predators that feed on them. During Coastal Sweep, I and my neighbors personally picked up 3 large bags of refuse.Fires. We are very concerned about open fires on this beach. Last year a fire was permitted by the Centerville Fire Department. The fire was on the Town Way and could easily have gotten out of control. The prevailing winds make all of the wooden homes to the east targets for embers that could result in tragedy. We are asking that no open fires be authorized but that does not stop outsiders from illegally starting them.

The accessibility issue is a canard being used to foster some other agenda. What I forgot to tell them is that we, the homeowners have never invoked tidelands laws under Chapter 91 or 1641-47 which would severely impact accessibility for all beach goers. We live, as good neighbors with all the visitors to Long Beach whether on the beach or on the road. All we ask is that this beautiful area be treated with the same love and respect that we have for this piece of heaven we have been given and which we respect as good stewards.

I also told them and I want everyone to understand that the use of beach grass is not an esthetic whim but a vital part of the ecosystem of this barrier beach and that willful or accidental destruction of them is harmful. In addition to maintaining stability to the ever shifting sands they provide cover and nesting for shore birds including the protected piping plovers. This beach grass must be restored.

Also, I reminded them and by this letter everyone else that we, the Long Beach Association and the homeowners have paid for the nourishment of Long Beach twice with our personal funds (approx. $500,000) and with no federal, state or local monies. And that includes the two Town Ways to water. If we had not done this, erosion would have wiped out both these two Town ways and they would not have any beach to go to for recreation! Plus, nature being what it is we are going to have to do it

However, I must not have made my point because now I hear that these same local people want to completely tear up the beach grass for all these Ways, tear, down the dunes and put up picnic tables and benches! What's next, a Ferris Wheel? That may seem facetious but it goes to the concerns we have about the entire beach because we live there and don't just visit for a time, pack up our chairs and go home. Long Beach is our home and we are not going to stand by and see it compromised or endangered by the capricious whims of short term visitors no matter what their ties to Town hall. Also, I want everyone to know that this issue of the beach grass is not just our desire because I call your attention to the August 17, 1999 unanimous ruling by the Conservation Commission that no beach grass be pulled up in this area (see attached). Based upon this and their other previous rulings, I cannot envision the Commission ever permitting such action as it is completely contrary to everything they have said and done. It would also set a far reaching precedent and open the door for any beach front property owner with a dune to apply for use in this heretofore protected area.

John, in closing I want to thank you, DPW and ConCom for all the support we've received , concerning our efforts to provide a beautiful Long Beach for residents and

visitors. I ask that we be full partners with the Town in any decision making process and if public hearings are to be held that they be scheduled at a time that permits our homeowners to fully participate and not just with local critics. By the distribution list below you can see that I have tried to include as many different constituencies as so that a full and thorough discussion can take place. Also, by way of summing up our position I am reminded of the wonderful and precise comment made by one the Conservation Commissioners at our August 15 presentation when we talked about public accessibility:

"The right to use is not the right to abuse!"

With best regards,

Dom Gautrau, President Long Beach Association

cc's Mr. Paul Niedzwiecki, Asst. Town Manager

Mr. Rob Gatewood, Conservation Commission

Mr. Lindsey Counsell, Town Ways to Water Committee Mr. Mark Ells, Department of Public Works

Ms. Janet Joakim, President, Town Council

Mr. Fred Chirigotis, Town Councilor, Precinct 4

Mr. Peter Fisher, President, Centerville Civic Association Mr. Albert Schultz, Esq.

Mr. Robert S. Troy, Esq.

Attachments

LONG BEACH QUESTIONS AND CONCERNS

History – the following questions have been asked by councilors and residents who use the public ways to water on Long Beach:

1.      What is the history/genesis of the nice green lawn on the street Cross Street ? This was a road until several years ago, how did it become a lawn? Was the town a part of that process?

2.      Were sprinklers installed in this lawn? If there are sprinklers installed in that lawn:

a.       are they within 50 feet of the beach?

b.      Was permission given by the town to install these sprinklers?                      

3.      Are trash barrels regularly placed in the vicinity of the Cross St access and the access further west between 269 and 283 Long Beach Rd (in the summer)? If yes, are they emptied on a regular schedule? If not, is it possible to place barrels in those locations?

4.      During the August 1999 hearings regarding the removal of the beach grass (or mitigation of the COC) who represented the Town’s interest in the property discussed? Was there someone there from the DPW, Town Manager’s office, or the Recreation department?

Beach grass, Con Com decisions regarding mitigating measures and rights of usage of the two ways to water in question

With limited time and a quick scan of the documents provided to me by Rob Gatewood from the project file, I noted the following, immediately:

According to the orders of conditions that allowed the residents of Long Beach to plant beach grass and import sand, under the  “IMPACTS OF PROPOSED ACTION” there are two of the five impacts listed that are a concern.

Number 3 – Effects on recreational interest: Long Beach ’s capacity to be used by recreational swimmers, sunbathers, and boaters has been decreased by the erosion it has suffered. The proposed project will restore sandy beach areas that will be available again for recreational use.

Number 5 – Effects on public trusts rights: Although Long Beach is privately owned, the barrier beach is used routinely by the public. The proposed project will improve the utility of Long Beach with regard to swimming, sunbathing, etc.

Concerns about these two items:

1.      re: number 3- although the transfer of sand onto the barrier beach area and planting of grass to help keep sand from shifting may have resolved the problems with breaches/possible breaches in the undeveloped portion of the barrier beach, the planting of grass in the public access area has, according to town residents who use the public resident’s access areas or Ways to Water, created a situation where abutters are interfering with recreational use by erecting private beach signs within town property lines and regularly making contact with town residents using the access areas, instructing users to stay away from the grasses – planted originally as part of this project – all in an effort to protect the grass, that was not approved as part of the original project.

Many town residents who have contacted town councilors believe that this project has actually resulted in a restriction of public use by town residents.

2.      Regarding number 5- Effects on public trust rights:  This item states in part, “Although Long Beach is privately owned, the barrier beach is routinely used by the public…”

Long beach is not privately owned. This statement must have been made in error. Portions are owned by the town and were at the time of this COC.

Unfortunately that statement is followed by, “the proposed project will improve the utility of Long Beach with regard to swimming, sunbathing, etc.

The perception, again, is that the beach grass planting, and subsequent protection of this beach grass will improve the usage of this beach area. However it would appear that this project has interfered with usage of the Town- owned portions of this beach.

Answers to some of these questions will be posted