Ocean View residents decry removal of dune walkways

Posted to: News Norfolk Realty News

NORFOLK

When Theresa and Joseph Cipriano bought a home on the Chesapeake Bay in 2004, a real estate agent told them they were also buying the walkway, deck and stairs over the sand dune.

"We were told we could rebuild them," she said.

Turns out they were built illegally on city property - something the couple didn't discover until the recent nor'easter.

Their walkway, stairs and deck were damaged by the storm. Two hours after her contractor gave Theresa Cipriano a price for repairing them, a city crew tore it all down.

"I feel like the city totally blindsided us," she said.

So did most of about 200 other Ocean View residents who crowded into the Pretlow Branch Library for nearly two hours Monday night for a town hall meeting on the issue of illegal walkways.

Four residents have had their walkways torn down for safety reasons. Another 20 or so may eventually be torn down.

City officials estimate there are as many as 400 illegal walkways across the dunes along the seven miles of the Chesapeake Bay in the Ocean View and Willoughby areas. All are in limbo.

There is no process for acquiring a building permit to repair a damaged walkway, and the city may eventually require some undamaged walkways to be torn down.

Councilman W. Randy Wright, who hosted the meeting along with Councilman Barclay C. Winn, said they were there mostly to listen.

Tell us how to repair our walkways legally, Catherine McCoy said. "We're taxpayers and want beach access."

The city has been studying the issue of illegal structures on the dunes for nearly two years. A draft of recommendations was done by a committee last June but is still being reviewed by the city attorney's office.

Residents wanted to know: What's taking so long?

"It looks like it will take years before this process is done," Jim Janata of East Ocean View said. "How do we get to the beach while this is being studied?"

Wright said the issue is complicated. There are lawsuits in which a businessman claims ownership of the dunes in East Ocean View. In other areas, it appears the dunes may be privately owned.

"We're trying to get this figured out as quickly as we can," Wright said.

He defended tearing down the four walkways. "They were on city property and were unsafe," he said. "We had no choice."

Wright said he has asked city staff to begin dealing with requests to rebuild walkways on a case-by-case basis as soon as possible.

He said he could not give a date as to when that process would begin. Both he and Lee Rosenberg, manager of the city's environmental services division, said not all applications for walkways will be approved.

"Everyone should have a right of access to the beach," Rosenberg said. "The question is, how do you do that?

"If everyone with a 50-foot lot has a walkway, then everyone's view" of the water would be impaired.

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com

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Oceanview

Dear Mr. & Mrs. Cipriano: When you purchase property it has to be surveyed before a deed can be made. The survey shows precisely what you are purchasing. You tried to get away with something and got caught. You people want the beaches to be your PRIVATE play areas. no parking. No walking on MY walkway. No touching my part of the beach. Well, tough. Quitcherbellyachin' and grow up. Sue the real estate agent and real estate company for fraud.

P.S. I have a bridge in Brooklyn that has great water views and you can charge people for crossing your bridge.

If it's on public land, make it public

No sympathy for the beach set here. My taxes are the same as theirs and they have worked politically over the years to restrict my access and parking to "their" beach. They should not be permitted to rebuild their illegal structures unless they are open to public use. As for the realtor telling them they owned that land and decking, well I have bridge going to the tunnel I'd like to sell you too. And honest you can charge every one who goes past a toll.

I would not only like to see the city build beach access at EVERY stub street along the bay, but provide parking for us soiled masses to use the beach as well. Provide parking along the median strip along W. Ocean View so that the bike lane and lot width driveways no longer impede public use. And if the residents want the city to replenish the beaches with my tax dollars, I want access to ALL the beach, including Leaview, WOV, EOV, and East Beach....

Cry me a river

" a real estate agent told them they were also buying the walkway, deck and stairs over the sand dune.

"We were told we could rebuild them," she said. "

Ok so now you feel blindsided by the city because you were suckered by your real estate agent. So the agent gives you incorrect information and this should be the city of Norfolks problem how ?

Sounds like your issue is with your real estate agent, surveyor and yourself if you failed to revue your survey and ask questions.

Sorry but sounds to me like these people are just upset because they made bad decisions. Typical entitlement mentality.

Why didn't the contractors

Why didn't the contractors who built the structures get the proper building permits? Usually the contractor takes care of the permitting process for the customer. If they had went through the proper process they would have known what was public land and what was private land. Maybe they should find out who the contractors are and fine them.
It would be interesting to know if the city gave permits for some of these projects that were actually on public land. If so, the city was pretty much saying it was okay to build on public land.

The follow-on topic to this article will be....

"OV residents up in arms over Patio/Gazebo taxes" Go right ahead rebuild and look forward to that amended tax appraisal in the mail.

Ownership isn’t relevant

Regulation is what dictates whether the structures are legal, not ownership. Last time I checked, private structures on dunes had to go through an extensive approval process, and they typically are not approved. Hmmm, maybe that is why the proper permits were not issued, and why they should not have been built.

Real estate agents are no better then car salesmen, but with one difference – regulation and disclosure requirements. Did they properly disclose the illegal structures? Did the engineer who did the plat properly disclose the illegal structures? They are supposed to review the cities property records and point out discrepancies – simple. If a home buyer chooses to ignore those discrepancies then they are no better then the folks who originally built the structures “illegally”.

Whose property is it?

I'd be interested in knowing the position of the complaining property owners on who should pay for beach replenishment. I'll bet they don't think that should be their responsibility.

I'm a bayfront home owner

"I'll bet they don't think that should be their responsibility."

It's everyone's responsibility to pay for beach replenishment. The last project was two years ago and was several million dollars. That sand is gone!

The Beaches are for ALL people to enjoy. Hence ALL taxpayers pay for more beach, not just a few bayfront homeowners.

Nice try to tie law abiding citizens with the scofflaws.

interesting perspective

There is a positive.
Submitted by seitzjus on Tue, 12/01/2009 at 11:02 am.
Looking at the good part of this now that we know dune structures are on public property that means you can legally go and use any of the structures on the dunes.

So if I use a patio/deck thats on public property and the adjacent home owner calls the norfolk police department.....what's the officer going to do???

You know what is right

We live on the beach and have been wanting to build a walkway since we purchased in OV since 2005. Even after making renovations we knew it was illegal and even though others do it we were simply not going to break the law. The city put the grass down so why do you think you can build all around it knowing it is not your property. I am so sick of hearing people who live on the beach refer to it as "their beach". It is NOT your beach but a beach for everyone. I live right next to the beach access and walk around like everyone else.

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