Search for a Swifts Beach property manager progresses

Apr 13, 2011

Community Preservation Committee member Nancy Miller Tuesday told the Board of Selectmen she was “sick to death” of the management debate over a 5.35 acre piece of Swifts Beach land.

But after years of uncertainty, it appears the controversial issue is edging closer to resolution.

Miller’s frustration was expressed by many. For more than three years, the town has sought a nonprofit conservation group or state agency that would agree to be the holder of a conservation restriction and, as a result, manage the land.

In November, the Swifts Beach Improvement Association proposed to the Community Preservation Committee that it become the holder.

On Tuesday, the committee announced the community group would need certification from the state to become a land trust before being allowed to hold the conservation restriction.

The Swifts Beach Improvement Association is now in the process of becoming a certified land trust. If accomplished, the Improvement Association and the town's Conservation Commission will jointly hold the conservation restriction. Miller said the process will take about three months.

Even if the association is given land trust status, a joint hold on the conservation restriction would need to be approved by the state before final approval is given by the Board of Selectmen.

Both parties said they plan to use the land to expand access to the public beach.

The Swifts Beach property has been a source of contention since 2003 when the town acquired the land through eminent domain for "general municipal purposes" with the understanding that the owner would accept $450,000 for the land.

When the property’s owner subsequently contested the town’s offer in court and was awarded an additional $1.1 million, the town turned to its Community Preservation Act funds to help pay the settlement and purchased a “conservation restriction” on the land.

Since then the issue for Swifts Beach has been finding a holder for the conservation restriction.