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Putting the Theory Of 'Good Fences' To the Beach Test
River advocates are fighting him, just as they have fought Wagner. Each case largely centers on the 100-foot buffer that extends inward from the shoreline of the Chesapeake, and on whether either island has enough land outside the buffer -- envision a hole within a doughnut -- to sustain a home. Septic systems also loom large in the proceedings.
Paul Spadaro, president of the Magothy River Association, has emerged as the nemesis to both projects. In Clickner's case, Spadaro contends that the island owner should have foreseen the perils of building on a land mass that perennially ranks among the most popular anchorages in the bay.
  Paul Spadaro opposes the closing off of Dobbins Island by its owner: "He should have known he was buying an island that was a de facto park." (Marvin Joseph/twp - The Washington Post) |
"The bottom line is: He should have known he was buying an island that was a de facto park," Spadaro said. "I mean, it's been used for generations."
Clickner and his sons were sawing fence posts Saturday morning when Spadaro arrived with some guests in a fishing boat. "See what he's doing?" Spadaro said as he drew near. "He's blocking public access." Twenty boats had arrived at the cove by noon. One was hosting a floating birthday party. No one crossed the fence.
The river group contends that the fence, portions of which were submerged Saturday morning, leaves too little space for the public to enjoy the most popular stretch of beach. And although visitors who venture beyond the high-tide line are technically guilty of trespassing, Spadaro said his group can document a long history of previous owners allowing more or less unfettered access. The fence looks to Spadaro "as if you were trying to keep the invasion from D-Day off your island."
Clickner grew up on the Magothy. He said his dispute is not with the boaters who anchor peaceably around his island on weekends but rather with "the ones who are urinating on the trees, who are doing things that you would not want children to be exposed to."
His fence is legal, allowed within the environmental buffer because it is not impervious to water. Police from Maryland's Department of Natural Resources say the fence will help them prosecute trespassers, something they could not easily do without a palpable line in the sand.
"Look, people, this isn't public land. This is private property," said Sgt. Ken Turner of the state Natural Resources Police. "Respect the rights of this landowner, and stay off his property."
