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Select Board: town beach access uncertain after insurer flags liability, dam work and staffing gaps
Summary
Town officials told the Select Board that insurance and liability issues — including Primex’s refusal to 'stack' umbrella coverage for private owners — plus dam reconstruction and a shortage of lifeguards leave the town unable to guarantee beach access this season; public commenters urged reopening while officials warned of legal and staffing constraints.
Nottingham officials told the Select Board that a combination of insurance, liability and staffing issues make opening the town beach uncertain this year.
Town staff said the town’s municipal insurer, Primex, would not stack umbrella coverage to insure private property owners who allow the town to use their land; because the beach access involves private parcels and restricted resident‑only access, staff said the property owners may not have recreational immunity. That legal and insurance reality limits the town’s ability to assume liability on behalf of private owners.
Complicating the issue, staff said the state dams bureau plans to rebuild the local dam to a higher standard (using a 1,000‑year flood basis), work that will change water levels and access while construction is under way. Separately, the recreation department is short staffed and the town has struggled to hire sufficient lifeguards and gate attendants; past near‑drowning incidents make safe staffing a priority.
Public comment at the meeting was robust. Resident Deborah Kieran argued for an open beach and said residents could use drop‑off/pick‑up arrangements instead of relying on the private access road. Other residents, including Robin Marshall, asked technical questions about insurance coverage, staffing and whether reduced hours or waivers could be used to reduce risk. Town staff said waivers would not necessarily protect the town from litigation or legal fees and that the property owners had requested mitigation or improved insurance.
Why it matters: opening the beach without clear insurance coverage, adequate staffing and clarity about property‑owner liability could increase legal exposure for the town and private owners. Rebuilding of the dam by the state may further change access and the risk profile.
Board action: the board did not commit to opening the beach; staff was directed to continue outreach with property owners, review mitigation options and provide updates. The board also discussed whether to pursue longer legal options (including eminent domain) but noted such actions would be time‑consuming and costly.
What’s next: staff plans further discussions with property owners, the dam bureau and the insurer, and to explore mitigation measures and staffing options for lifeguards and gate attendants. No formal vote to change access was taken at this meeting.
