More South Avenue Considerations

This will probably be my last post on this subject for awhile, unless something really alarming happens. 

I recommend the town board be very clear in their guidance to the town attorney.

If the central issue is, as I believe, whether the proposal by Mr. Chris Fulcher offers equivalent or improved public access to public trust waters in the town's harbor, we need to compare relevant facts. And our attorney needs to have command of all of the facts as he negotiates details.

Some issues:

Legal:

1. South Avenue was dedicated to public use of the citizens of Oriental by the principal landowner, Mr. Robert P. Midyette, in 1900 – providing public access to the water;
2. Avenue A was dedicated by Mr. Benjamin Wallace O'Neill in December, 1917 by the sale of lot 1 of the Oriental Bulkhead Improvement Company – Avenue A never led to the water;
3. The town may not sell a dedicated and accepted right of way either for money or any other valuable consideration. An exchange of ROW for title to property looks like a sale. I have said before and still believe, it would be better if Mr. Fulcher dedicates the property to the town for purposes of public access to the water than for the town to receive it in fee simple as a proprietor. It would be more clearly legal and provide better protection to the public.

Dimensions of South Avenue:

1. The South Avenue Right of Way is 60 feet wide;
2. Because of the angle at which South Avenue intersects the Raccoon Creek, the waterfront is approximately 90 feet long;
3. Because of the direction of the riparian boundaries, the width of the water to which the town owns rights is 85 feet, more or less, in a direction parallel to Mr. Fulcher's existing piers;
4. Mandatory (15 foot) CAMA buffers at the edges of the riparian area reduce the width of riparian area available for constructing piers or docks to 55 feet;
5. The parcel Mr. Fulcher proposes to donate to the town is 55 feet wide at the water's edge – he proposes both parties waive mandatory CAMA buffer: even so, with a mandatory CAMA buffer at the Toucan Grill end, that leaves only 40 buildable feet, even with the waiver.

What Can Be Built:

1. It is often asserted that we can build NOTHING on a right of way, “not even a gazebo!”
2. Not necessarily - we build stuff in rights of way all the time;
3. The rule is that we can build no permanent structure, even in unopened sections, that would prevent eventual use for ROW purposes;
4. In Town of Oriental ROWs, we plant trees, construct water mains and Sewer mains, utility poles and other encumbrances;
5. Yesterday a truck delivered a rest room facility and placed it in the ROW at Lou-Mac;
6. Other communities build shelters for bus riders, including public school students in their ROW (some shelters might even resemble gazebos);
7. Each year during Croaker Fest, large tents supported by pipe frames are installed on South Avenue near Lou-Mac Park, even involving some degree of damage to pavement;
8. During some large public events in the past, such as bicycle events, etc. organizers have placed trailers on the right of way for participants, including shower and rest room facilities.
9. In short, obstacles to providing public facilities for visitors and event participants in our ROW are not insurmountable. It might require a bit of imagination. [I am indebted to Kathy McIlheny, who gave me the trailer idea]
10. The proposed parcel is unbuildable for 50' from the water's edge Neuse River Buffer), the next 25' is in a CAMA area of environmental concern, and the last roughly 30 feet will probably be used for parking and other requirements to comply with our GMO, as well as ramps to meet ADA requirements for access to any building constructed on the property.

Advantages of The Proposed Parcel:

1. The site has been dredged and bulkheaded and a pier is under construction;
2. Sewer and water connections already exist;
   3.  Fewer building restrictions than a right of way.

Disadvantages of The Proposed Parcel:

1. Narrowness of the parcel and riparian area constrains visiting boats;
2. Some say the pier is unsuitable – too industrial for recreational boats;
3. Some say the projected pier is in the wrong place.

Conclusions:

The decision should be based on what is best for the town.

Avenue A only provides public access to Mr. Fulcher's property.

It is not correct to say that rights of way "are of no value." In coastal North Carolina, nothing is more valuable to the public than public access to the water.