This is the answer I got :
Hi All:
The White's Pond access was constructed on a County right of way. When the County was abolished the property now is under the care and control of DCAMM. The access consist of approximately 6 parking spaces along the right of way and an access for car-top boats. My records indicate that White's Pond is a naturally occurring Great Pond, approximately 43 acres.
OFBA has been in contact multiple times with the Town about the closures of the White Pond access. It was originally closed due to problems with gatherings not related to boating or fishing access. The access was reopened by the Town. Unfortunately, the gatherings reappeared and resulted in the most recent closure. OFBA has urged the Town to keep the access open for fisherman. At a minimum the Town will allow fisherman to access the pond by foot.
It is my understanding, based on COVID-19 Order No. 21, that cities and towns, specifically the Board of Health, have expanded powers during the pandemic to protect the publics health and safety. Closing outdoor spaces to prevent gatherings may be one of those powers. It would appear the Town would have some legal standing to close the access to prevent gatherings of more than 10 people when social distancing is not being practiced.
Douglas H. Cameron
Acting Director/Acting Chief Engineer
Department of Fish and Game
Fishing and Boating Access
1 Rabbit Hill Road
Westborough, MA 01581
Ph. 508-389-7812
Fax 508-389-7890
Cell 617-828-3532
