Selectmen find common ground with Rez abutters

By the end of Tuesday morning’s two-hour selectmen’s meeting with Reservoir Pond abutters, there was a spirit of compromise in the room.

Ten abutters and interested residents attended the August 30 meeting, which was scheduled in the morning to accommodate the availability of selectmen. Selectmen Chairman Bob Burr said he had called the meeting at the request of two abutters to discuss concerns over their property rights. He emphasized that it was not called to make a decision on pond rules and regulations.

Selectmen plan to address the entire issue at their next meeting on September 13. Burr said the board is nearing a decision on final rules and regulations but that it may take another meeting or two before a vote is held on the matter.

In the meantime, selectmen continue to face heavy criticism from a vocal group of non-abutters for restricting public access to the pond, most notably with the parking ban on Pleasant Street that took effect in 2014. These critics, who have launched a “Free the Rez” social media campaign, contend that the selectmen’s actions have favored the abutters while all but eliminating motorized watercraft access for those who do not own property on the pond.

As for Tuesday’s meeting with abutters, both sides agreed that there could be a compromise whereby all types of watercraft are allowed with some type of speed restrictions in place. There was also a general agreement that jet skiing could be permitted in a designated section of the pond with a top speed of 43 miles per hour.

Pat Considine of Oak Road spoke the longest at the meeting and defended a 1955 Land Court decision that allowed abutters to fish and use watercraft on the pond and did not restrict speeds. Considine said the owner at the time, Plymouth Rubber, and the subsequent owner, Napleton Co., established the rights of abutters to use the pond.

Town Counsels Lou Ross and Paul DeRensis agreed that there were deeded rights, but Ross said the rights were limited whereas Considine disagreed.

DeRensis reiterated his position that the town, through the police and the Board of Selectmen, has the right to set rules and regulations to protect the safety of the general public.

As noted in a legal opinion posted on the town website, “The town may regulate the use of Reservoir Pond as the owner of the property and to protect the public health, safety, morals and general welfare through the town’s exercising of the general police power …

See this week’s Canton Citizen to read the full version of this story. Not a subscriber? Click here to order your subscription today (also available in digital form).

Short URL: https://www.thecantoncitizen.com/?p=34178

Posted by Mike Berger on Sep 2 2016. Filed under News, Town Government. Both comments and pings are currently closed.