Important Information About Town Purchase of the Property at 145 Buffell Head Dr

On Monday, the Town Mayor and Manager met with Andrew (CDA Secretary) and me to inform us that they are in the process of purchasing 145 Buffell Head and plan to use it for limited Town purposes, mostly associated with future beach nourishment projects.  The current owner had agreed to the terms of the Town's purchase offer, and the only remaining step, as I understand it, is for the Town Council to approve the contract one more time before settlement can be scheduled.  The Town Council will probably provide the second approval in their March Council meeting on March 1st.

Here's a summary of key points Andrew and I discussed with the Town on Monday.

1. The Town said they would limit the usage of this lot to 'Government Operations' as follows:
   • Primary - support beach nourishment every 5-7 years.
   • Secondary - support the lifeguards and beach maintenance/cleanup as needed to supplement their current access for these at other locations.
2. The usage would not include public access of any type, and the Town will legally fight any challenges they may get that argue for public access.
3. The house will be moved/demolished sometime after the 2023 rental season.
4. The driveway will remain but not expanded.
5. A security gate/chain will be installed.
6. The lot will be maintained by the Town from an appearance standpoint.
7. No parking on Buffell Head will be enforced,  especially next to this lot.
8. The dune will be maintained at the same height and not cut for Town/ nourishment-vendor vehicles to get access to the beach.
9. There will be no structures built or materials stored on the lot.
10. The Town seems willing to commit to bobcatting all CD walkways (community & private oceanfront) wherever there is erosion/escarpment that makes access to the beach difficult (I would propose a standard of 1.5 to 2 foot escarpment would trigger bobcatting).
11. The Town will communicate/coordinate in advance with CDA should any circumstances arise that may require other temporary usage.
12. Most of the time, the lot will look like a vacant lot with minimal or no Town activities.
13. There's an open question as to whether the Town's planned activities would violate the residential zoning code or the CD covenant restrictions regarding residential usage and nuisance activities on this lot.  The Town has the power to change the zoning but does not have the power to change the CD covenants.
14. The Town is willing to meet with the entire Board and/or CD property owners to discuss all of this if we want that.
15. The Town seems willing to put all of this in writing that would be legally binding so that future Town Council motions can't change any of this.  The Town is researching how to do this with the Town attorney.  CDA should probably get our own legal advice on this. 

The CDA Board had a conference call on Wednesday to discuss this matter.  There was mixed reaction to it.  Some were not happy with this, including not having advanced notice.  Some don't trust the Town to actually limit their activities to what they are saying (In other words, there's fear the Town could change plans at any future Council meeting.)  If the Town's usage is limited to what's described above, then maybe their purchase and use might be acceptable to you, as an owner.  Or, maybe not.  So, #14 above would be a critical item.  I think ultimate Board and community support should probably be contingent upon having a binding legal agreement signed by the Town and CDA.

Please review this and reply to this email with your thoughts and questions.

If you think we should schedule a zoom meeting or conference call to discuss this more amongst ourselves, let me know.

If you would like to schedule a meeting with the Town so you can directly discuss this with them, let me know.

If you are an attorney and would be willing to help navigate this issue, let me know.

Please respond as soon as you can.