MARSHFIELD — Public access to portions of Green Harbor Beach will remain protected after the Select Board unanimously approved permanent easement agreements with the owners of two Bay Avenue properties, resolving a Land Court dispute over ownership claims.
The board voted June 29 to authorize Chair Rick Smith to sign easement agreements for properties at 198 Bay Ave. and 214 Bay Ave. The agreements grant the town permanent public access and beach rights while settling litigation that challenged ownership of portions of the beach.
Town Counsel Robert Galvin explained that the agreements are the result of negotiations reached during the Land Court case and provide the town with permanent rights without the need for additional legal action.
"It's a part of a court case," Galvin said. "They brought a claim to basically say they own the beach and we settled it with them giving us an easement. So that easement will show up on their certificates of title as being something that the town has the benefit of."
Galvin told the board the Land Court had already approved the settlement, leaving only the town's signatures on the easement documents before they could be recorded. He also clarified that the agreements did not require Town Meeting approval because they were executed as part of a court-approved settlement rather than through a land acquisition process. During the discussion, Galvin said the easements provide a practical resolution that preserves public rights while avoiding the uncertainty and expense of continued litigation or a property taking.
Select Board members did not debate the agreements before voting. Smith made the motion to approve both easements, and Vice Chair Eric Kelley seconded it. The motion passed unanimously, authorizing Smith to execute the documents on behalf of the town.
Once recorded, the easements will become part of the official property records for both Bay Avenue parcels, permanently preserving the town's public access and beach rights established through the settlement.