Community Right of Way
Article from the Fall 2002 Newsletter
Several issues have come to the attention of your Board of Directors in the past year that require significant action on our part.
Everyone is undoubtedly aware of the problems with drainage in Middlesex Beach after rainstorms, particularly on the pine side. This problem has been discussed for several year-some say since the dawn of Middlesex Beach.
Also, the issue of timely and unimpeded emergency vehicle access to Middlesex Beach, especially on the beach side, was emphatically brought to our attention this past summer. In mid June a brush fire occurred on Dune Road nearly simultaneously with a medical emergency on the beach, and navigation by a fire truck was impeded. Conversations with local fire officials pointed out both the seriousness of and remedies for the situation.
Your Board of Directors is committed to alleviating these problems in the near future, but we need the help of EVERY property owner in Middlesex Beach.
In order to solve the drainage problems, at a minimum the existing drainage ditches need to be cleared out and regraded to establish a uniform slope to the west. In most cases, these ditches are located in the MBA right of way, which on the pine side is a uniform 50’ (generally, the utility poles are located on private property within a foot of the actual property line). In some cases (particularly on Addy Rd), these ditches are located entirely on private property.
Your Board wishes to solve several problems on the beach side of MBA before the 2003 beach season. There is no debate that it is essential that emergency vehicles be able to quickly access any point in the community. This includes not only ambulances responding to medical emergencies, but fire engines responding to life-threatening and property emergencies. The Bethany Fire Department does have smaller vehicles that could navigate our beach side streets fairly well. But it would be absurb for us to suggest that only the smallest vehicles be used to respond to potential emergencies at the largest and most valuable real estate in our community.
In addition, the narrowness of the streets makes it difficult for 2 vehicles to pass each other in opposite directions when parked vehicles are nearby. In the past, parked cars could easily pull well off the paved portion of Dune Rd, but the Artesian water project unfortunately resulted in the well-packed soil along the shoulders being replaced with loose sand.
With these problems throughout the community in mind, your Board has determined that it is essential that it gain absolute control of all commonly owned portions of the community, and that this property be kept clear of all obstructions. This process started this past summer with a tour by the Bethany Beach Fire Marshall, who met with the Public Works Committee, and was particularly helpful in pointing out potential obstacles to their vehicles in terms of parking spaces too close to corners, overhanging branches in front of private properties, and other fixed landscaping objects along the beach side roadways. In response to that visit, our property management company removed several corner parking spaces and trimmed back many projecting tree branches. In addition, several individual property members on their own removed potential obstacles in front of their properties-but more needs to be done.
Each property owner is encouraged to cut back any branches from their trees that extend past the property line. Any trees growing in the right of way should be removed entirely. On the west side of Dune Road, this should be done so that parked vehicles can be pulled as far to the side of the right of way as possible. Note that generally, the fences along the side of the Road are properly located at the edge of the right of way. On the east side of Dune Road where parking is not allowed, this removal of obstacles should be done so that it is possible for one or more emergency vehicles to navigate without obstruction and so that other vehicles can pass each other going in opposite directions.
The community trash can holders at each beach walkway are part of the problem, and we intend to move these away from Dune Rd and into each walkway right-of-way. The community owns a 10’ wide area at each walkway, so some of this will need to be cleared, and probably some fences protruding into these community rights-of-way will need to be moved. In addition, any privately-owned trash can holders will need to be moved off the community right-of-way onto the adjacent private property. All other objects will also need to be removed from the community right-of-way and placed on private property. Among the objects that must be moved off the community right-of-way are mailboxes. They should be relocated onto the private property abutting the community right-of-way.
In addition, your Board intends to provide better facilities for bicycles. Many community members ride their bicycles to the beach, and the existing bicycle racks do not provide enough space for all who wish to use them, with the result being bicycles haphazardly leaning against fences, signposts, etc. Our current intentions are to put bicycle racks in the 10’ wide pathway, but of course out of the way of beachgoers using the boarded walkway.
Your board is sensitive to the impact of clearing the community rights-of-way, especially the impact on the already inadequate number of parking spaces on the beach side. Our priority here must be satisfactory access by emergency vehicles as required by local emergency service officials, but we intend to do what we can to maximize the number of parking spaces on the beach side, including firmer enforcement of parking restrictions, especially on weekends and holidays.
We ask for the help of ALL property owners in being able to accomplish these goals. We believe that it is preferable that these necessary steps be taken by property owners in a manner that reasonably suits their convenience and inclinations, but these steps must be taken by either the property owners or the community in a timely manner.