For the reasons set forth in the court's Amended Decision of this day, it is
ORDERED, ADJUDGED and DECLARED that
(1) the developers of the Pilgrim Park subdivision in Harwichport retained the fee interest in the beach lots, and the owners of the abutting residential Lots, Lot 1 and Lot 16, do not own the beach lots pursuant to the Derelict Fee statute, G.L. c. 183, ยง58, or otherwise,
(2) the owners of the residential subdivision lots, Lots 1-16, have only a non-exclusive easement to use the beach lots,
(3) the subdivision developers and their successors-in-title to the beach lots, including those with only fractional interests, [Note 1] retain the right to use the beach lots themselves and to grant non-exclusive easement rights to others so long as there is no material interference with the subdivision lot owners' easement rights, and
(4) there will be no such interference with those rights if beach use by The Mooring Rentals LLC property (the "Mooring House"), a rental property, takes place on the following conditions:
(a) there may be up to twelve users of the beach per rental,
(b) each rental agreement must list the names of all of the persons who will be occupying the Mooring House during the rental,
(c) if the number of occupants will be fewer than twelve, and the renter wishes to have certain visitors also use the beach up to a total maximum number (occupants plus visitors) of twelve, the rental agreement, agreed and signed in advance, must also list the names of those persons as well,
(d) each person so listed, up to a maximum of twelve, shall be given an individual "beach pass" by the Mooring House that (i) has their name on it, (ii) identifies them as being at the Mooring House, and (iii) gives the dates of the rental,
(e) those are the only dates those individuals may use the beach, and there shall be no overlap with the next group, and
(f) a designated member of the Pilgrim Road Association may ask to see those passes to verify that the individual using the beach has such a pass and is there on an authorized date, and if they are not so authorized or do not produce such a pass, the Pilgrim Park Association representative may require that person to leave.
Any other use of the beach by the Mooring House is prohibited.
As agreed by the parties, the owners and renters of the Augustus Snow House condominiums may use the beach lots per their fee interest in the beach.
As also agreed by the parties, renters of the sixteen residential subdivision lots may use the beach lots.
SO ORDERED.
ROBERT CLEVELAND, et al. v. JAMES STINSON as trustee of the MBP Nominee Trust and THE MOORING RENTALS LLC and BRUCE CLEVERLY and SUSAN FEIT as trustees of the AUGUSTUS SNOW HOUSE CONDOMINIUM TRUST, et al.