SSAI may be headed to court to prevent a resident of Edgewater Drive East from constructing a fence that significantly impinges upon ROW 6E. This is a serious matter; the ROWS have been available to our residents for water access ever since they were originally developed many years ago (in the 40s and 50s). It is a right and a privilege that the residents have enjoyed since that time. Through the years the SSAI has maintained the ROWs for use by all residents of the peninsula. This a significant advantage over other Falmouth peninsulas where the ROWs have been reduced in numbers or completely eliminated. The boating and kayaking access to our beautiful estuaries, Washburn Island, Waquoit Bay and Vineyard Sound is an enormous benefit that must be preserved. I have to be careful how I describe the situation because it most likely is headed to state Land Court for resolution.
Through our attorney we have been communicating with the residents about their various building and fence plans. We have offered them what we believe is a fair compromise to support their plans. The critical issue is that they believe that they own the ROW and our attorney has completed a detailed title search and uncovered a sequence of events in the title process over many years that indicate that they do not own the ROW.
The Board cannot proceed without the SSAI member’s approval and financial support. It is a SSAI By-Law requirement.
We have spent the maximum allowed on legal fees for this issue and now we require the member’s approval at a general meeting to proceed. We may be calling this general meeting for a Saturday in February or March.
How much money? We don’t know at the present time.
We will be having more discussions with our attorney to obtain a final estimate. State land court trials are usually long and expensive. If you have been following the discussions at the recent Annual Meetings you know that this is also the year that the annual dues are going to increase to the ~$250. – $300. range.
Please stay with us.
We recognize that the economy is still tough for many people. But we need your support and may need your financial assistance to succeed in this matter. We will also need the financial support of all the residents ofSeacoastShores. Spread the word.
George Ghiorse a Board Member who lives on Woodside Dr. is our leader for this issue.
This issue will be addressed at a Conservation Committee meeting on Wednesday February 29th at 7 PM at the Falmouth Town Hall. Note: This was continued at the request of the petitioner on the night of the original schedule (2/15/2012)
Jim McDonald (159EDE) will be organizing the neighbors and asking them to attend and oppose the application approval.
The SSAI will decide who from the Board will be at the meeting after we review the resident’s plans and consult with our attorney.
It is our hope that a large delegation from SeacoastShoreswill attend the ConCom meeting with Jim and oppose the approval of the resident’s application and convince the Con Com to not approve their application.
This potentially is a critical infringement of the rights of all residents of SeacoastShores.
Don’t send in any money at this time. Let us obtain more details and prepare our strategy with our attorney. We will keep you posted.
Dick Sette for the SSAI Board
