Letter: Much ado about nothing (Printed April 23, 2010)
I have read all the hysterical nonsense about access to Goose Rocks Beach long enough. Now it appears litigation is about to cost taxpayers in Kennebunkport a lot of money we can ill afford, and it is time to call this lunacy by its proper name.
I live at Goose Rocks Beach, but not on the beachfront, so technically, I may be trespassing whenever I walk the beach.
If I were paranoid I suppose I would rush to join the Save Our Beach militia and rally behind selectmen in the “good fight.” But I’m not paranoid, because I’ve lived long enough to realize whichever way the courts tilt, nothing will change on the beach. That’s worth repeating: nothing will change. Anyone who believes a verdict in one direction will unloose a barrage of signs and fences, or that a verdict in the other direction will bring armies of marauding Huns should sober up. After long and expensive deliberation, the court may or may not ask the town to police the beach more often, or to post a sign reminding beachgoers to act responsibly.
The public’s right – my right – to walk the beach, spread blankets, eat lunch and throw Frisbees will be undiminished. That much is absolutely certain and it should not cost us all hundreds of thousands of dollars in legal fees to find it out.
How did we arrive at such an irrational point? Some beachfront property owners want to find out whether their deeds are to be taken literally or whether those deeds are overridden by the public’s long-established usage. Nothing irrational there; most of us would want to know what our deeds mean. But if the property owners want to spend their money to clarify their deeds, it should not follow that taxpayers join the legal chase.
The town budget is almost a half million dollars higher than the previous budget, largely because of expected legal fees related to the beach case. This is insanity and deserves to be branded as such by voters at Town Meeting on June 12.
Frederick Van Veen
Kennebunkport
Categories: Letters
Tags: Goose Rocks Kennebunkport Letters
That is an interesting take, Mr. Van Veen. So you are sure that if the lawsuit prevails, and beach is deemed to be lawn, that you, and others, can absolutely continue unhindered without a care? How in the world can you know that? You are so wrong it is scary.
Not sure where you walk, or sit, but there are spots you couldn't sit for three minutes even today unless you want to argue, and if the lawsuit wins, you wouldn't stand a chance of not encountering the police.
Please, you're using inflamatory language and sweeping statements. You have no authority to say what would be allowed and what wouldn't be allowed, and it will be the efforts of voters and groups like Save-our-Beaches that keep your "right" to walk the beach.
You conveniently forget that the homeowners SUED the Town--that is not a simple matter of "finding out whether deeds are literal". The only way that issue would be decided would be for the Town to defend your rights in court and get a decision on this.
I get that you won't help vote to support the Town. That's ok, when the courts rule in favor of citizen's historical access, you can keep doing what you have been doing. Or maybe, the Town doesn't fight, 25 or more homeowners own to the waterline, and use signs and the police to keep you off. Then we'll see who gets hysterical. Chicken little doesn't make it so.
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Before you suggest that anyone not agreeing with your position "sober up", I suggest you read the lawsuit brought against the Town and all persons who are unascertained. This makes the Town, taxpayers, and others who have enjoyed Goose Rocks Beach DEFENDANTS! Lawsuit and other legal documents available at www.preservegooserocksbeach.org
How can anyone read Robert Almeder and Jack Flemings' article in the 10/30/09 PPH believe that nothing will change if the Town does not defend itself and all of us to continue our long-established use of the Beach! In that article the Plaintiffs are explicit in their demands for a line in the sand between "public" and "private" sections of the beach. They also call for "appropriate signage" at all beach access points. Their proposed signage to read: Public Way to the Water, Private Beach on Both Sides of Public Way. Intertidal Areas on Either Side Open for Navigation and Fishing Only, No Public Facilities.
In exchange for the town meeting the signage demand (along with others that include information brochures indicating where the public and the private areas of the beach are, the prompt enforcement of trespass laws when initiated by beachfront owners, and restrictions on buses and shuttles dropping off and picking up visitors at public access paths to the public area of the beach), the Plaintiffs will consider seriously an agreement permitting the general public to walk the beach from end to end at any time. How gracious of them to consider permitting me a right I believe I already possess through my open and continuous use of the beach for over 55 years! This offer was once again made at a 2/10/10 Settlement Conference held at York County Superior Court with Justice Fritzsche overseeing the conference. Needless to say, no agreements were reached at that conference and the lawsuit continues with the Town of Kennebunkport needing to defend itself.
Don’t be naive, the Public’s rights – your right to walk the beach, spread blankets, eat lunch and throw Frisbee’s will be diminished if the Town does not prevail in this lawsuit. It will affect all taxpayers of Kennebunkport and we absolutely need to support the Town budget to enable all of us continued access and recreations use of Goose Rocks Beach.
Join us at a Save-Our-Beaches meeting on May 8th at 10:30AM at the Kennebunkport Conservation Trust Building to learn more about the facts of the lawsuit and how you can become involved to support the Town and maintain your rights to use all of Goose Rocks Beach!
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