File #: R-43-23    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 7/17/2023 In control: City Council
On agenda: 9/26/2023 Final action: 9/26/2023
Title: Public Water Access at the Wells Cove Inlet in Eastport - For the purpose of ensuring the public can walk along the Wells Cove waterfront and enter the water to use small watercraft such as kayaks and paddleboards at the Wells Cove inlet.
Sponsors: Rob Savidge, Ross Arnett, Dajuan K. Gay
Attachments: 1. R-43-23 First Reader, 2. R-43-23 Amendment 1 - Savidge, 3. R-43-23 Amendment 2 - Savidge, 4. R-43-23 Staff Report, 5. R-43-23 Fiscal Impact Note, 6. Exhibit A - R-22-86, 7. 2023.04.06 - Court's Findings of Law and Fact, 8. 2023.04.06 - Order Denying Emergency Motion for Stay 04-06-2023 (1), 9. R-43-23 Perham Letter To City Council 2023-09-11, 10. R-43-23 Signed (color), 11. R-43-23 Signed (b&w)

Title
Public Water Access at the Wells Cove Inlet in Eastport - For the purpose of ensuring the public can walk along the Wells Cove waterfront and enter the water to use small watercraft such as kayaks and paddleboards at the Wells Cove inlet.
Body
CITY COUNCIL OF THE
City of Annapolis

Resolution 43-23

Introduced by: Alderman Savidge
Co-sponsored by: Alds. Arnett, Gay

A RESOLUTION concerning

Public Water Access at the Wells Cove Inlet in Eastport

FOR the purpose of ensuring the public can walk along the Wells Cove waterfront and enter the water to use small watercraft such as kayaks and paddleboards at the Wells Cove inlet.


WHEREAS, Eastport, located on a peninsula, is surrounded by water on three sides, namely Spa Creek, the Severn River, and the Chesapeake Bay and water access plays a vital role in the neighborhood's maritime heritage identity and lifestyle; and

WHEREAS, Although Eastport's waterfront is surrounded by numerous public and private marinas, boatyards and docking facilities, those businesses, along with waterfront private residential property, limit public access to water for Eastport residents; and

WHEREAS, In 1986, the Annapolis City Council approved Resolution 22-86 authorizing six residential units at the end of Boucher Avenue, now known as Blue Heron Cove Condominium Association, and setting numerous conditions, including "a 4 foot wide path for public access to the open space and waterfront areas, made of oyster shell or similar nonpaved material" and that it "shall be located between Boucher Avenue and Wells Cove"; and

WHEREAS, Blue Heron Cove Condominium closed off public access to the water at Wells Cove, an Eastport inlet, along their private property and as a result, two Annapolis residents sued the condominium and the City for rights to access the water; and

WHEREAS, Anne Arundel County Circuit Court Judge Elizabeth S. Morris ruled on April 5, 2023, in the lawsuit Jessica L. Pachler, et al. v. City of Annapolis, tha...

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