We have received various letters and comments mostly from Camden residents but a few from Rockport residents regarding the Rock Road issue.  There are several issues all mixed up in this, with different letters addressing different concerns.  We want to lay out the issues as we understand them:

• The DEP permit. Neighboring landowners have filed an appeal of that permit, though their request for stay was denied.  The DEP did indicate that any action in reliance on the permit would be at the owner’s risk if the appeal were to prevail.  The Rockport Select Board is not involved in this issue.
• The Town issued an excavation permit in reliance on and following the DEP permit.  This permit has been returned by the landowner, and the subsequent appeal has been withdrawn.
• Some neighbors and other residents have expressed concerns with a potential nearby housing development.  A housing development would require compliance with the Land Use Ordinance and approval of the Planning Board. This process would be a public one in which residents with concerns or seeking information can participate.  The Select Board is not involved in this process.  No development plans have been submitted to date.
• Some of the letters and comments have asked the Select Board to use Town resources to clarify the status of the ownership of Rock Road, with some back of the envelope review of various deeds suggesting that at some point the Town may have owned or had an easement to this land.  
• Our Town attorney has advised us that there is nothing clearcut on this issue, and any resolution of it would take significant legal time as well as Town staff time to dig into this, both of which translate into additional expense for the Town.  There is nothing on the face of the Town’s tax maps or other readily reviewable documents to suggest that the Town owns this road.  Indeed, the deeds granted to the neighbors along the road area suggest the contrary, that they have clear title to their property with no easement or other encumbrance from the Town of Rockport.
• We fail to see any Town interest in using scarce Town resources to potentially upset the clear land titles issued in the area to our very own residents.  This could be a legal quagmire with no apparent benefit to Rockport taxpayers or residents.  At best, if a title search indicated some Town interest in the property, it would likely entail a lawsuit against our very own residents to demonstrate legal ownership.  That last point is simply not how our Town or Select Board intends to treat our own residents.
• Importantly, the creation of a path along the area of old Rock Road does not require the Town of Rockport or the Select Board to allocate precious Town resources for a potentially contested legal review and fight over legal title.  Indeed, this is exactly the opposite approach to obtaining public access -- antagonizing and threatening property owners is simply not how good public ways are established or sustained.  As we stated at our December meeting, it is our understanding that the landowners along Rock Road would be potentially willing to grant limited access to the public to Rock Road. This may have changed with the vehemence of some of the Pathways members or liaisons, and other resident letters, but we still believe that this issue is best worked out cooperatively by those most immediately affected.
• Lastly, a title search and opinion is not uniquely in the power of the Town or Select Board.  Any third party may use their own money and time to conduct such a search.  We are simply saying that we do not see a general Town interest or taxpayer benefit to spending Town money or Town staff time on this issue.
• It is also worth mentioning, since a number of the folks who have gotten engaged on this issue may have moved to this area more recently, that the Rock Road path runs parallel to the joint sidewalk/bicycle pathway that Camden and Rockport successfully collaborated on, along Union Street, and that brings the 2 towns together and already accomplishes many of the things that the letters suggest the new Rock Road path would.  We prefer to pay attention to and ensure maintenance of the pathways that we have already invested in, rather than throwing resources at new projects. 

One other issue within the scope of the Select Board’s responsibility should be mentioned.  This issue originated with the Camden Rockport Bicycle and Pedestrian Pathways Committee, an entity created by and subject to the approval of the Select Boards.  While we mentioned at our December meeting that it is important for our Select Board to stay focused on the priorities and goals we have set for this year to ensure the greatest number of residents benefit from the work we and the Town staff focus on each year, we also believe that it is important for the Bicycle and Pathways Committee to stay focused on its priority goals – which do not include Rock Road.  

• The Pathways bylaws state “The Committee’s responsibility will be to continue making recommendations for implementation of the ‘CRC (Camden Rockport Community) Path,’ formerly referred to as the ‘CSD Path,’” as well as developing a master plan.   
• The 31-page Rockport Pathways master plan is focused on sidewalks and bikeways, and prioritizes pathways to the high school.  While some of the high priority work in the master plan has been done, the CSD path remains on the drawing board and we would expect that to be the focus of the Rockport Pathways committee.  
• Nothing prevents any of the individual members of the Pathways Committee from being able to work on other issues, but to do it in the name of the Camden Rockport Pathways Committee is not consistent with the Rockport Committee’s role, as approved by our Select Board.

In sum, our goal as a Select Board is to ensure that Town resources are used for the maximum possible benefit of all of our residents.  We do not believe that spending money on Rock Road fits this goal.  We encourage the individuals who want to pursue a path along Rock Road to work with the neighbors and come up with a collaborative solution that works for all concerned.

Rockport Select Board

Denise Munger, chair

Michelle Hannan, vice chair

Kimberlee Graffam

Michael Thompson

John Viehman