Select Board approves license to allow restoration work on former railroad bed at 9 Manomet Ave

The Hull Select Board voted to approve a license agreement allowing a property owner to carry out a conservation restoration plan on a portion of the former railroad bed adjacent to 9 Manomet Avenue.

Attorney Adam Borodsky, representing the property owner and the associated trust, told the board the draft agreement is narrowly tailored to permit only the restoration work described in the conservation commissionorder of conditions and does not convey any permanent property interest. "This is essentially a tool to allow the compliance work and the project to be completed for the benefit of the conservation commission and the property owner," Borodsky said, adding the document includes disclaimers that reserve town rights and do not waive any underlying claims.

Trust representatives told the board they support restoring the path and plantings and asked the town to clarify that any access past the midline of the railroad bed remain nonexclusive so the town and other neighbors retain rights. "We expect that the trustaccess past the midline would be nonexclusive," a trust representative said during the discussion.

Residents urged caution. Longtime resident Randy Gold said the town should not approve the license until the homeowner has cleaned up work performed without permission and suggested the town should benefit financially when private use of town land occurs. "I think you shouldn't grant this license until he cleans up the mess he's created," Gold said, citing prior conservation enforcement actions.

Board members pressed counsel and staff on precedent and scope: the agreement is a license (not a lease or easement), and conservation permitting and certificates of compliance are administrative prerequisites. The boardalso discussed the historical 1991 railroad-study guidance to keep these corridors open for public use and whether allowing licenses for individual homeowners creates a policy question for broader town review.

After discussion, a board member moved to approve the license as presented in the meeting packet; a second was recorded and the board voted in favor. The chair announced the motion carried by voice vote.

Next steps: the license will be executed consistent with the agreement language and the conservation commissionrecords. Board members said future or materially different proposals would require further conservation permitting and a separate trip to the Select Board for approval.