SWAMPSCOTT — Questions over public access to Whales Beach could soon head back to town counsel after neighboring property owners presented what they say is a decades-old settlement agreement that may conflict with the town’s longstanding understanding of its rights along the shoreline.

The issue came before the Conservation Commission on Monday as part of an ongoing discussion about no trespassing signs at the beach. Chair Toni Bandrowicz briefed members on recent conversations with residents and explained why she believes legal guidance will be necessary before the town takes any further action.

“The issue is complicated — too complicated really to go into,” Bandrowicz said. “I’ll put together a little synopsis and send it to you guys so you have an idea what the issue is.”

The discussion centers on Whales Beach, where a 1981 Massachusetts Appeals Court decision upheld the town’s prescriptive easement over part of the beach, allowing the public to continue using the area seaward of a retaining wall. The court found that for decades the town had maintained the beach by cleaning the sand, installing trash barrels, providing lifeguards, posting regulations and otherwise treating it as a public beach, giving residents the right to use the area “for all usual purposes for which a beach is used.”

Bandrowicz said the current questions arose after neighboring property owners challenged the town’s position and put up signs, producing what they described as an older settlement agreement.

“When we told them … they couldn’t do that, they said, ‘Oh, no, no, we have a settlement agreement,’” Bandrowicz said.

She said the document has raised new questions about property boundaries and whether it affects the rights established by the court more than four decades ago.

“It’s unclear from the document where the dividing line is, but they made this claim,” Bandrowicz said. “It gets even more complicated because apparently they’re not paying taxes on part of the property they claim they have under the same agreement.”

Bandrowicz told commissioners she believes the matter should ultimately be reviewed by KP Law, but said she has not yet gotten approval from the town to seek legal counsel. 

“As you may know, the town is very watchful of money being spent, especially on things like legal counsel,” she said. “I don’t want to ask for it unless I know it’s something we really need.”

Commissioner Geralyn Falco said that she had served on the Conservation Commission in the 1990s and recalled that the group had been discussing the dispute since at least that time. Bandrowicz said she plans to prepare a written summary of the issue before commissioners revisit the matter at a future meeting.