Nearly six weeks after state contractors bulldozed and widened an emergency access path that cuts through the Horseneck Beach dunes, the state Department of Conservation and Recreation (DCR) is expected to file a notice intent with the conservation commission so the town can have some say in the project.

In late May, commission members and conservation agent Chris Capone filed an enforcement action against the DCR after receiving numerous complaints from nearby residents who saw trucks and bulldozers in the area, and who noticed the work along the western-most end of the Horseneck reservation. The enforcement action demanded that the state stop work immediately, and restore the path to its previous state.

Since then, Capone said he’s been in contact with state officials who seem “receptive” to the town’s concerns, he said.

“I think they realize that now,” he said. “They did not try to do this underhandedly.”

The project was reviewed before the commission last year, though no NOI was filed as DCR proposed to do the job under its long-standing beach operation and maintenance plan. But Capone said the scope of the work, and the amount of excavation involved, came as a surprise to many, himself include. That is why the state needs an NOI, he said:

“This is where an NOI is very important — being consistent with what other people have to do in the community,” Capone told the conservation commission last week. “I think it definitely warrants a file.”

Capone said he believes that the DCR’s plan to widen to 20 is excessive, as “I think they can do away with at least five foot ... and get away with a 14-15 foot wide area.

“It furthermore in my opinion requires a notice of intent because now we’re looking at an established dune that’s been dismantled. They’re going to have to meet our concerns.”

The fence

The commission will also discuss with DCR the status of the state’s plan to remove a chainlink fence that runs along the east side of Bridge Road, from xx south to the beach. The concern from neighbors is that with the fence area cleared out and the fence replaced, “it’s going to become a freeway again with unlawful parking,” Capone said.

“When the surf’s up this road gets inundated by traffic,” he said. “They don’t get ticketed but if they do get ticketed, it’s less than the price of (parking at) the beach.”

There are also concerns that the new fence could inhabit the free movement of wildlife, from deer to raccoons, skunks and other animals. All those issues need to be discussed before work begins, Capone said.

“The amount of disturbance that’s going to be required is going to be beyond and operation and maintenance plan,” he said. “We felt that should also be included in a notice of intent.”