The path from the Shining Sea Bike Trail to Little Neck Bars Road is a public right of way that has been used openly, obviously, and consistently for hundreds of years primarily by residents of the Town of Falmouth to access Black Beach, a public beach. This right of way is at risk of being blocked. We hereby petition the Select Board of the Town of Falmouth, Massachusetts to maintain this legal passage and reject any barrier to access, including but not limited to anything that would block or deter the public from their rightful use of access such as a gate, fence, etc.

The Black Beach Harbor Head Civic Association (BBHHCA) has been taking actions over the past number of years to strategically prevent, block, and deter the public from utilizing the public right of way leading into the neighborhood and used to access Black Beach. For example, BBHHCA installed signs along the path to deter the public from passing through the neighborhood, including a sign on town property, which has recently been removed, misrepresenting to the public that there was no beach access. The BBHHCA then hired security guards at the neighborhood’s two entrance points to patrol the path.

Most recently, the BBHHCA has gone before the Falmouth Conservation Commission for permission to construct an 11' long gate across the public right of way. This is yet another effort to limit the public’s access to Falmouth’s resources. Although the Falmouth Conservation Commission specified in it's Order of Conditions dated January 10, 2024, that such gate may never be locked, a gate will undoubtedly cast a shadow of doubt amongst the public and deter the public from using this public right of way. A gate is another step towards completely preventing and blocking the public from using this public right of way.

This right of way is the only reasonable and inclusive way for the public to access Black Beach and the Great Sippewissett Marsh. This is ocean front property majority owned by The Town of Falmouth/300 Committee and Salt Pond Area Bird Sanctuaries, a member-based organization whose mission includes public accessibility. Other than the legal public right of way from the Shining Sea Bike path through Little Neck Bars Road, the only other access to these public resources is via the ocean from the public beach (Chapoquoit Beach). This route is not able to be navigated by anyone mobility impaired, disabled, young families, bicycles, etc. This route is only available to people who are very able bodied, healthy, are swimming or are on foot at mid to low tide. Additionally, blocking the public’s access from the Shining Sea Bike Path to Little Neck Bars Road naturally will redirect bicycle and foot traffic to Chapoquoit Road from the Shining Sea Bike Path. This is simply irresponsible and unsafe as Chapoquoit Road can be treacherous in the summer months. Cars speed to and from the public beach, walkers are plentiful and there is no designated bike lane. Increased foot and bike traffic along this stretch of roadway is bound to result in an accident.

The public now turns to Town Management and Falmouth’s Select Board. It is in the Mission Statement for Falmouth’s Select Board to provide strong community leadership to ensure a high quality of life through the promotion of, inter alia,“Environmental stewardship” and “Responsiveness to community issues and concerns”. In addition Falmouth’s Select Board is committed to “promoting Town-wide consensus and unity of purpose.” 1 Therefore, the public asks for a public hearing to be heard on this issue. Ultimately, the public asks that Town Management and the Select Board REJECT the recent efforts by the BBHHCA to construct a gate across this public right of way and in consideration of environmental and safety concerns summarized herein, the public hereby REQUESTS that Town Management and the Select Board vote or otherwise take appropriate steps to order that there can NEVER be any type of barrier, including but not limited to the erection of a gate or fence, preventing the public’s access through the public right of way from the Shining Sea Bike Path to Little Neck Bars Road.

1 https://www.falmouthma.gov/393/Select-Board