Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the James Ave Beach topic
No spam. Unsubscribe anytime.
Select Board directs counsel to obtain appraisal for James Avenue Beach after town meeting vote
Summary
Following a two-thirds vote at town meeting, Hull's Select Board voted to direct counsel to obtain an appraisal to assess costs and next steps for potential acquisition of James Avenue Beach rights; residents urged the town to secure access and warned of litigation risks and potential domino effects of piecemeal takings.
The Hull Select Board voted to direct counsel to obtain an appraisal to inform potential acquisition options for James Avenue Beach after Article 44 passed at town meeting by the two-thirds majority required for a taking.
Town counsel told the board the article's passage gives the town authority to pursue acquisition but said the board must still determine funding mechanics and legal strategy. "Step one is we need to get an appraisal," counsel said, noting that valuation discussions often make executive session necessary because of open-meeting exemptions for acquiring real estate.
Board members framed the question as a policy matter. One member warned that acquiring a single parcel could prompt neighboring owners to resist future takings, creating a "domino" problem of sequential acquisitions. "That was part of the policy question the board's going to have to discuss," a board member said, citing litigation and fiscal exposure as concerns.
Residents and neighbors urged the town to act. Robert Stanley, whose family has used the beach for generations, said neighbors overwhelmingly support opening the beach for public use. "If we can make that revert to the town as a public beach, that would be a beautiful thing for the neighborhood," Stanley said. Several speakers cited prior court decisions and urged the board to research prescriptive-easement claims before spending significant funds.
Counsel explained alternatives. A prescriptive-easement claim would require litigation to establish entitlement and likely lead to contested proceedings; eminent domain typically produces challenges only over value, not public purpose, counsel said.
A board member moved to "direct counsel to move forward with an appraisal." The motion was seconded and carried by voice vote with no oppositions recorded. The board directed counsel to report back with the appraisal results and potential next steps for funding or recommended process.
Next steps: Counsel will commission an appraisal; the board may convene in executive session for valuation discussions and will consider funding mechanics (town meeting vote if required) once a final cost estimate is available.
