Fulcher Proposal Plan View

Here is the drawing that Mr. Chris Fulcher submitted to the town with his proposal for the town to close South Avenue and Avenue A, in return for which he would donate to the town 5,001.17 square feet of property as outlined in the bold marks. Included in that 5,001.17 square feet are 890 square feet within the South Avenue right of way (which, under his proposal would no longer be a public right of way).

Note that if the dock under construction were to become the new town dock, it would be very constraining for boaters on the southwest side of the dock. It would be much more comfortable for boaters if the distance from the dock to the edge of the property were the same to the southwest as it would be to the northeast.

By comparison, if the town were to build a dock centered on the South Avenue terminus, even taking into account the mandatory CAMA setback of 15 feet from adjacent riparian property owners, the town would have approximately 64 feet to work with. Even if the dock were to be 10 feet wide, that would leave 27 feet on each side for boaters to use without encroaching on the buffer, much less on the riparian boundary.

In short, Mr. Fulcher's proposal looks like a tight squeeze.

Another set of considerations relates to the effect of the town abandoning the South Avenue right of way on public access to the parcel Mr. Fulcher proposes to donate. The proposal appears to allow only a 20 foot access from the remaining public right of way into the parcel leading to the dock. Is this enough? What about parking? What about access needed to load boats?

A lot of things to consider.

South Avenue Survey

To help understand what the town is being asked to transfer to Chris Fulcher, it may help to see this 1995 survey by Dennis Fornes:



 


Mr. Fulcher now owns all of the property on the south side of South Avenue and west of Wall Street, as well as all property on the north side of South Avenue west of Toucan Grill and the Oriental Marina and Inn. He proposes that the town close "South Avenue and its subsequent appendage of First Avenue [sic - presumably he means Avenue A] where the private property on both sides of the right-of-way are owned by me or to which I have controlling interest." He goes on to say, "It is my understanding that with such a closure, the then previous right-of-way would become under my sole possession and control."

The town's existing South Avenue right-of-way intersects the Raccoon Creek harbor at A-B on the survey. The straight line distance between A and B is approximately 94 feet.

In return for the town abandoning the existing right-of-way, Mr. Fulcher proposes to donate to the town ownership of a 5,000 square foot lot 46.47' wide at water's edge with certain waterside improvements already completed or in progress.

The town board is considering how to respond to the proposal.