As you may be aware, there is much talk in our community regarding public access rights to Black Beach and the Great Sippewissett Marsh. On November 29th, we shared a letter written by the Treasurer of the Black Beach Harbor Head Civic Association informing the public of their intent to install a gate at the entrance to Little Neck Bars Road from the Shining Sea Bike Path. We shared this letter at BBHHCA’s request and posted it on our website to inform residents and not to endorse this action in any way. The West Falmouth Village Association represents all residents in the Village. As such, we view our role in this situation as one to inform. We want to inform you that the Conservation Commission approved the gate with conditions. The Order of Conditions was issued on January 10th. Residents who believe there is a legal public right to access have been circulating a petition directed to the Select Board. We do hope that this increased attention will result in a definitive determination of property rights so that our community can move forward from what appears to be recurring conundrum.
BBHHCA appeal to the DEP
Please be advised that this office, together with Merrill Engineers and Land Surveyors, Inc., represents the above-referenced Applicant, Black Beach Harbor Head Association ("Applicant" or "Association"). This serves as a Request for a Superseding Order of Conditions ("SOC"), pursuant to 310 CMR 10.05(7)(b), on grounds that the Falmouth Conservation Commission ("Commission") imposed several Special Conditions in its Order of Conditions ("OOC") that are not wetlandsrelated and which exceed the authority of the Commission under the Wetlands Protection Act, M.G.L. c. 131, § 40, and the Wetlands Regulations, 310 CMR
10.05(6)(b).
CONCLUSION
The NOI and supporting documentation demonstrate that the proposed work should have been approved without Special Conditions Nos. 3, 4, 5 and 6. Accordingly, the Applicant requests that the Department issue a SOC approving the project without the objectionable Special Conditions.
View Full Appeal (PDF)
Letter from the WFVA to the Select Board
Dear Falmouth Select Board Members,
Over the past couple of months, the West Falmouth Village Association has monitored the discussions related to the request by the Black Beach Homeowners Association (BBHHA) to erect a fence at the east end of Little Neck Bars Road. Now that they have had a chance to make their case and secure the approval of the Conservation Commission (ConCom), the West Falmouth Village Association would like to raise two issues that we feel need to be resolved to ensure that all of our constituents in West Falmouth feel that their interests are served.
View Full Letter (PDF)
Falmouth Conservation Commission Order of Conditions (Jan. 10, 2024)
View Order of Conditions (PDF)
Letter from the Black Beach Harbor Head Civic Association (BBHHCA)
The West Falmouth Village Association Board recently received the attached letter from a member of the Black Beach Harbor Head Civic Association (BBHHCA), who requested that we communicate it to our membership. We are sharing the letter in order to facilitate communication among our neighbors.
View Letter (PDF)
