Feeling protective of Onset
The Onset Protective League (OPL) conjures up images of Candidate’s Night forums and preludes to Town Meeting warrant articles. However they have a greater purpose, a dedication to uphold the Decree of 1916, which protects Onset’s bluffs, beaches, and green spaces from development in order to preserve them for the public’s enjoyment.
In order to appreciate the enormity of OPL’s role, a look back at the history of the area, originally called Pine Point, is necessary. It didn’t become known as Onset until 150 acres of land was purchased by Onset Bay Grove Association (OBGA) through a "special charter," applied for to the Massachusetts Legislature, which was granted March 31, 1877. OBGA was formed by a group of Boston businessmen looking for a location to hold their summer camp meetings, which were a part of the spiritual movement spreading across the country. As the group’s religious membership grew, the area was developed, and lots were sold for summer residences. Vacationers and others flocked to the area via the Old Colony Railroad, sailboat, and steamer.
In 1897, a group of citizens who had purchased property became concerned about the rapid expansion of the area because they had been promised that certain areas of the village would remain open space forever. They formed the OPL in order to wage a battle against development. Their effort culminated in the Massachusetts Supreme Court passing the Decree of 1916.
When the "People of Onset vs. the OBGA was presented to the Massachusetts Supreme Court, the court wanted to be sure what had been promised to the public. So it appointed a "Master" to investigate the situation and report his findings. Following that, the Supreme Court decided that the land in Onset did indeed belong to the public, and in 1916 it issued a final decree. The court ordered that the land could not be "sold, leased, transferred, or conveyed." OBGA retained title to the land, and the Town of Wareham was designated as its trustee. The order still stands today.
Yet despite the court order the OPL has had to continually wrestle with the town over the years in order to protect the land, ensuring that it remains open to the public. At one point, the town argued that the injunction filed so long ago by the People of Onset was against the OBGA and not the town itself. However, Commonwealth of Massachusetts law states, "a town or municipality accepting a dedicated public trust (as this town did in 1917), enters into a legal contract and must abide by the laws governing such a trust."
"Everyone new (town officials) that comes to town thinks that they can circumvent the 1916 decree," said OPL President Anne Campbell, who appeared before selectmen last month to protest fees the town wants to charge for the public to use the parking lot at Shell Point, which she said is a violation of the decree. All dedicated land is supposed to be available to the public free of charge.
In 1991 the OPL received a letter from the Massachusetts Supreme Court which states, "any attempt to violate the terms of the 1916 Decree should be brought to the attention of the District Attorney."
"The OPL wouldn’t hesitate to do so, if necessary. If someone isn’t the watchdog of something, it can be taken over," Campbell said.
Onset’s Dedicated Public Trust lands were surveyed many years ago and the boundaries are clearly defined on assessor’s maps. Yet some town officials are unaware the 1916 Decree even exists.
"It doesn’t even sound familiar," said Town Clerk Mary Ann Silva.
"I’m not familiar with the document. I’ve never seen it," said Selectman Bruce Savageau.
One can only wonder why town officials aren’t informed about the decree that so vital to preserving the public’s interests in Onset. Whatever the reasons, it seems the town has violated the dictates of the decree many times throughout the years, including, the 1985 repair of the Onset Boat Ramp. The only reason the Department of Environmental Protection limited the town to repairing the base of the ramp below the mean low water mark was because the group hired an environmental attorney.
"They wanted to blacktop the whole area," Campbell said.
Several years ago the town chopped down all the trees on designated land along the bluffs. Once again OPL hired an attorney, and the town was required to replace the trees. Just a few years ago the town attempted to lease dedicated land near the band shell to a private enterprise to construct and operate a carousel. That is until the OPL intervened to preserve the area as open space. The OPL alleges the town got away with violating the decree when they constructed a tar parking area on Shell Point beach. Another violation apparently occurred in 1977, when town officials gave permission to a landowner, via perpetual easement, to use dedicated land next to his property, which belonged to the public and had been tax-free since 1881.
It appears the next testing ground will be the reconstruction of the bathhouse on Onset beach. The draft proposal/development plan indicates that the new pavilion will be used for the benefit of the community per the 1916 decree. A legal entity will be established to obtain approvals required to operate it, according to limitations of the 1916 decree. Campbell is well-situated, serving on the reconstruction committee of the OPL as well as being president of the group. It’s a good bet she’ll be watching this very closely.
The next time OPL comes to mind, remember that if it wasn’t for them, we might be looking at condos along the Onset waterfront and signs saying, "Keep Out - Private Beach," instead of the unobstructed views and expansive public beaches we all enjoy. A special thank you to Marilyn Knowlton, former OPL Secretary and lifelong Onset resident, for her contribution to this story.
