Golf Course Land Swap Will Need Legislative Approval

by William F. Galvin

            HARWICH – A simple land swap to address a longstanding town trespass onto property owned by Cliff Daluze has been ruled out of bounds.

            For more than 20 years the cart path leading to the 16^th tee at Cranberry Valley Golf Course has crossed onto abutting land in Daluze’s subdivision. The property owner has allowed the use of his land to the benefit of the town without complaint during that period. Now the shoe is on the other foot and Daluze is looking for cooperation from the town to address a need within his subdivision.

            Daluze was before the golf committee a few months ago seeking a land swap to add acreage to an adjacent lot he has under a sale agreement. The buyer wants to place a swimming pool behind the house, but a pie-shape section of Cranberry Valley Golf Course to the rear of the 16^th tee would impinge on zoning setback requirements for the pool.

            He hoped sections of both parcels could be swapped, resolving matters on both sides. Daluze went to the golf committee and received support for a transfer of land.

            “It should be noted the property he needs is wooded and will not affect the use of the 16^th tee box now or in the future,” Golf Committee Chairman Anthony Pagliaro said in a letter explaining the committee’s findings.

            “He has chosen not to make an issue with that intrusion onto his property, but to install barriers on his road to keep vehicles from entering town property illegally, possibly causing substantial damage to the facility,” Pagliaro stated in the letter to selectmen.

            A town engineering department review issued earlier this month states the golf cart path does not extend into the roadway in the Daluze subdivision, but rather it is located in the green space for the subdivision.

            The initial request sought 3,600 square feet of land to be transferred from the town to lot three of the subdivision. But the engineering report prepared by Town Surveyor Paul Sweetser stated, “From what we can discern and what we have tried to demonstrate…the proposed division line would take a substantial amount of the 16^th tee away and would not provide any benefit to the town of Harwich.”

            A compromise was reached to allow 1,501 square feet of the pie-shaped parcel to be considered for transfer separate and apart for any decisions relative to the cart path issue. An article asking voters to approve the transfer was placed in the special town meeting warrant for May 6. Deputy Assessor David Scannell has estimated the value of the property to be conveyed at $4,400.

            However, the matter was further complicated this week after a review of the original land purchase for Cranberry Valley Golf Course was approved in town meeting in 1972. Town Administrator James Merriam told selectmen Monday night,  “Unfortunately, the golf course land was purchased as recreation/conservation land and is protected under Article 97 of the state constitution, thus requiring a two-thirds vote of the legislature.”

3/27/08