Land Court upholds town's claim to public way
TOWN
BY PETER B. BRACE INDEPENDENT WRITER
Two sections of a fence that the town put in between the end of a public way and Madaket Millie's former cottage off Ames Avenue were ordered removed by the Massachusetts Land Court last week.

ROB BENCHLEY/The Independent file Half of the split rail fencing in front of Charlie Ryan's 345 Madaket Road cottage, accessed off Ames Avenue, will be removed by the town. But the use of the public way at the end of which sits Ryan's cottage (formerly occupied by Madaket Millie) is used by Ryan for parking and is still in dispute.

Acting on a recommendation from the Shellfish & Harbor Advisory Board, the Marine & Coastal Resources Department put up a fence at the end of what has served as an unsanctioned driveway off of Ames Avenue to a cottage at 345 Madaket Road owned by Charlie Ryan.

The "driveway", maintains the town, is a public way and Ryan's tenants have been using it as a driveway. Additionally, signs marking a public path down to Hither Creek from this public way mysteriously disappeared after the town put them up. However, SHAB and Marine Superintendent Dave Fronzuto suspect not Ryan, but one of his neighbors, as the culprit removing the signs.

Last week, according to Fronzuto, the Land Court issued an injunction ordering the town to remove two sections of fence so Ryan's vehicles could park next to his cottage but upholding the town's claim to the public way. It also ruled that Ryan had the right to pass over the public way, but not to park in it.

"We believe we own the public way, they believe they have some kind of rights to it and we need to further discuss that," said Fronzuto. "I guess it was sort of an amiable disagreement in that we were required to do something and they were required to do something, and now it's time to talk."

Ryan could not be reached for comment.

The town's geographical information system (GIS) Web site clearly shows three lots owned by the town running east-west along Ames Avenue, with the longest, easternmost lot containing what the town believed to be the north end of Alabama Avenue and the western lot showing a public way to the water. According to Planning Director Andrew Vorce, these lots were created when the town established Ames Avenue in the early 1940s. Vorce said that the lot that the town took next to the bridge is wider than the actual road layout, but the Land Court ruled that although this lot encompasses what Ryan used as a driveway, it is a public way owned by the town.

Public access down to Hither Creek was later granted by a vote at a subsequent Town Meeting, said Vorce.

Despite the injunction, Ryan is contesting the Land Court's ruling, so litigation is likely to continue.

"The next step is we're going to negotiate," said Fronzuto. "We're going to sit down with Libby

(Gibson) and Andrew." I