SurfRats.com

[tiderunner70]

As we all know there is a few hundred miles of shoreline in the Town of Brookhaven and there are only a miniscule amount of legal access points to go fishing. We need all of your help in writing letters to the Town of Brookhaven in order to make further improvements. There is currently a major push going on to make improvements so any and all help will be appreciated. Below is a letter that everyone can send in to the Town Board to urge their assistance in this matter. Please print it out and sign it along with your signature and address then mail it to the Supervisors Office and the rest of the Town Board as well.

Here in the State of New York recreational anglers generate a few BILLION DOLLARS into our economy each and every year. It is time we get our piece of the pie in return!


3 June 2010

Town of Brookhaven
Supervisor Mark Lesko
One Independence Hill
Farmingville, NY 11738

To Supervisor Mark Lesko,

When you were campaigning for the election of Town Supervisor you mentioned that changes would be made in the Town of Brookhaven. You claimed that it would not be politics as usual within the Town if you were to be elected. This is why I am reaching out to you. You also stated that you are a friend of the recreational fisherman and proved to be one by assisting in the re-opening of the illegal closure at Shoreham Beach.

By reaching out to you I sincerely hope that you will exercise your powers as the Town Supervisor to uphold the laws that protect the rights of the general public, and not just the select few that are lucky enough to live near the water or belong to a private homeowner association.

As per the common law known as the Public Trust Doctrine, the general public has the right to access and use the beaches all the way from the low water mark to the mean high tide water mark for recreational purposes. This law also pertains to private property and is in place to protect the public from private homeowner associations and others alike that attempt to prevent the public from enjoying the use of our beautiful resources. One of the main purposes these beaches are to be used for is recreational fishing. Currently as per the NYS DEC, the mean high tide water mark on the North Shore of Long Island is all the way up to the bluffs.

It has also been brought to my attention that FEMA funding which is from the public tax payers money has been used to make repairs on the NSBOA’s properties. Since the public’s money has been used to make repairs on what once may have been considered private, it is no longer private. I want the access back to my beach.

At this time I am looking for your assistance in demanding that the North Shore Beach Property Owner Association remove the fences that they installed at the end of Broadway Avenue and Friendship Drive in Rocky Point. These fences are not rightfully there to begin with. They are blocking public access to our beaches for fishing and other recreational purposes. Also so you are fully aware the fence at the end of Friendship Drive is blocking off a public right-of-way which is named Skidmore Landing. These fences are also an absolute eye sore and they are a safety hazard as well. It is only a matter of time before someone is seriously injured on those fences.

What they have been getting away with for so long is not legal and should not by any means be tolerated any longer. I want to see my rights protected and I want to see my elected officials standing up for my rights. I will surely be voting for those who protect my rights as a citizen during the next Election. Are you and the rest of the Town Board going to stand up for my Rights? Last but not least I urge you to stand up for all of the people and I look forward to hearing back from you as soon as possible regarding this matter.

Sincerely,





CC: Councilman Timothy Mazzei, Councilwoman Jane Bonner, Councilman Steve Fiore-Rosenfeld, Councilwoman Constance Kepert, Councilman Daniel Panico & Deputy Supervisor Kathleen Walsh


Please send this letter in to the Town or send your own if you prefer to do so. We can beat this if we band together.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

4 June 2010

Town of Brookhaven
Supervisor Mark Lesko
One Independence Hill
Farmingville, NY 11738

During your campaign for the Election of Town Supervisor you vowed to assist and support the recreational anglers in the Town of Brookhaven. You in fact did live up to your promises and supported us after being elected by re-opening Shoreham Beach to fisherman after it was illegally closed, you added Shoreham Beach to the Brookhaven Night Fishing Permit and you also gave the go ahead for the establishment of a recreational fishing advisory board. We applaud you for all of your efforts and accomplishments.

The reason we are contacting you at this time, is that there are still several major issues that are not being addressed or they are being put aside, and many of us feel that they are possibly being covered up. All of these issues need to be addressed. Being that you have proven to be a friend of the recreational anglers in the past we are once again looking for your assistance. We are not looking for anything other than to have our basic rights to be upheld. We are simply tired of having our rights violated.

It has been brought to our attention that a resident of the Town of Brookhaven has reported several violations against the North Shore Beach Property Owner Association in confidentiality to the Town’s Building Department. The key violations that we are concerned with are the fact that the homeowner association illegally installed fences at the end of Broadway Avenue and Friendship Drive in Rocky Point. These fences were installed without permits and they are not in compliance with town code. After carefully reviewing the town code 85-57a and 85-57b there is no possibility that the NSBOA can come into compliance. It is clear that the fences were illegally installed to begin with and that everyone involved at the town know this to be true as well.
When a resident of the Town of Brookhaven had questioned the inspector who investigated the violations at Friendship Drive, was told that he did not believe there was any problem with the fence being there because they go by different codes in that area, we all knew something was going array. The resident then continued to ask what codes do they have to abide by if they are different. His answer was that he did not know. This drew up another red flag. How does an inspector not know the codes that he happens to be investigating? He was asked about the codes again and he told your constituent that they would have to speak to his boss Art Gerhauser if they wanted any further information. Following the chain of command your constituent met with the Chief Building Inspector Art Gerhauser and asked him about the situation. He stated that he would go by code 85-57b and that everything is being looked into. The following day your constituent went back to the office to ask Mr. Gerhauser a few more questions regarding this matter and he informed this person that he was specifically instructed not to speak to them any further regarding anything related to this matter and that if there were any further questions they would have to be addressed to the Commissioner Martin Haley. The chain of command was followed once again and Mr. Haley was kind enough to grant a meeting in which I was in attendance as well. Mr. Haley stated that at times due to their workload and lack of manpower, violations and complaints often get over looked or skipped over. At times they are not even investigated unless they are reported 2 or 3 times. This should not be acceptable for anyone. If there are laws and codes they should be enforced. He also stated that everything would be looked into but it could take a very long time because they would have to pull up all of the tax maps and other records. We had further discussion regarding this matter and in my personal opinion I still feel that not everything that should be getting done is getting done. I certainly hope some type of cover up is not underway. Also so you know a few of your constituents went on their own and pulled up all the tax maps, deeds and other documents in a short amount of time. Why would it take the Building Department who investigates these matters on a regular basis an excessive amount of time?

Not only are these fences not in compliance and illegal, they are blocking off public access to the beach. The fence located at Friendship Drive happens to be built directly over the public right-of-way named Skidmore Landing. The North Shore Beach Property Owner Association is fully aware of all of this. From as early as the association’s inception they were fully aware of the Public Trust Doctrine and the public right-of-way Skidmore Landing. The proof is in several history books and the Deeds of the lands they claim to own. So everyone knows; we do hold all of the proof in our hands. We have attempted to reach out to them in the past so they would have the opportunity to do the right thing and simply give recreational fisherman their rightful access to go fishing in the Long Island Sound. Our reaching out to the NSBOA fell on deaf ears. It has become clear that the President of their association feels they are above the law and that they do not have to make a compromise with anyone. It has sadly come to the point where we have to look to the Town to end the violation of our basic rights.

As you already know the Public Trust Doctrine clearly states that the general public has the right to use and access the land between the low water mark and the mean high water mark for recreational purposes such as fishing. Currently the mean high water mark is all the way up to the bluffs on the north shore. This is as per the NYS DEC. We also now know that when Broadway Avenue and Friendship Dr. (Skidmore Landing) were built they were installed all the way to the low water mark. The homeowner association is clearly violating the rights of each and every recreational angler in the Town of Brookhaven so once again we are looking for your assistance to end this blatant violation of our rights.

We also know that public tax payers funding has gone towards the repairs of the NSBOA properties and the beach from FEMA. According to the homeowner association the Town of Brookhaven has been doing all of the snow removal on their supposed private roads since the 1960’s. How does so much of the general public’s money go to the private homeowner association when the public is being denied access to the beach? It is very well known now that the Federal and State Government are not permitted to supply any funding to any lands that are denying the public use and access. We want what is rightfully ours and we want it now. Their fences which are blocking our public access need to come down and they need to come down now. Beyond being illegal and blocking public access to the beach they are an absolute eye sore and the fence at Broadway Avenue is an absolute safety hazard.

There are other towns on Long Island that give the recreational anglers a great amount of respect and adequate access to our beaches. Prime examples are the Town of Riverhead and the Town of East Hampton. With so much beach front why is the Town of Brookhaven not the same? Improvements for beach access and recreational fishing within the town can and will improve the quality of life for everyone and greatly improve the local economy as well. It has been proven that recreational anglers generate billions of dollars each year into the State of New York’s Economy each and every year. Perhaps it is time for the Town of Brookhaven to take a greater piece of the pie and improve the access for all of their constituents.

We strongly urge you to do whatever it is within your power to order the North Shore Beach Property Owner Association to take down their fences immediately and to uphold our rights as Citizens of the United States of America. We look forward to hearing from you very soon and working together on this matter.

Respectfully,


Thomas J. Farrell
Vice President – New York Coalition for Recreational Fishing Inc.
631-840-7199
weakfishin@yahoo.com


cc: : Councilwoman Jane Bonner, Councilman Timothy Mazzei, Councilman Steve Fiore – Rosenfeld, Councilwoman Constance Kepert, Councilman Daniel Panico, Deputy Supervisor Kathleen A. Walsh, Commissioner of Building Dept. Martin Haley, Chief Building Inspector Arthur Gerhauser, Assemblyman Marc Alessi, Assemblyman Steve Englebright, Congressman Timothy Bishop
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

Stay tuned there is much more to follow.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

How many of you are sick and tired of your access being either restricted or eliminated? Are you sick and tired of it yet? Each and every one of you can stand up and do something about it right now. We need you to send in letters to the Town of Brookhaven requesting to have the fences at the end of Broadway Ave and Friendship Drive removed. We need you to send letter requesting the improvement of overall access. By the way did you happen to knw that Friendship Drive in Rocky Point is also known as Skidmore Landing? Skidmore landing is a public right-of-way to the beach which is currently being illegaly blocked by a private homeowner association! So many cry about the lack of access and so many cry about the loss of access. Now is the time to stand up and do something about it. Feel free to contact me for any information.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[roadcarp]

stay on it Tom ,thanks! good enough reason for all of the surfcasters out there to join libba, msa (or) and crf. there is power in numbers!
_________________
Mike Kearns
L.I.B.B.A. # 542
MSA # 442

[miss199]

Hi Everyone,

Tom and I have been working very closely together on this with months and months of research. Its disgusting what the North Shore Beach Property Owners Association has done for many years to the public.

Its the public's beach and we want it back.

Please send in the letters today we need your support .

Thank you everyone

[Gooch]

I know I am sick and tired of it!!!!!!!!!!! The limited access is absolutely MADDENING!

Thank you for your efforts. I will send letters and do what I can also! To live on an island and have just about NO ACCESS after 9pm or before 6am to a beach is crushing to bass fisherman or heck even those who may like to take a stroll at night and enjoy the peace of beach!!!

To take away priviledges of the masses to appease the few that live at waters edge is basically criminal in my book, as the masses taxes are paying for beach up keep, yet we are only allowed to use it when those who live at waters edge say!?!?!?!

[tiderunner70]

http://www.news12.com/index.jsp?regionId=1
See video for "Rocky Point Fisherman fight for right to use beach.

Also please go to www.news12.com and vote on teh question of the day poll. The question of the day is "Do you think private clubs should be able to restrict access to beaches? Yes or No? It is on the lower right hand corner of teh main page for Long Ilsand.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

Nothing has changed yet but rest assured we are still working on it.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

These types of issues are going on all over the country and the general public keeps on winning.


"

Attorney General's Office may challenge beach-access limits in Loveladies, North Beach


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StoryDiscussionBy DONNA WEAVER Staff Writer | Posted: Sunday, February 7, 2010 | 7 comments

Font Size:Default font sizeLarger font size.
A sign at the entrance to the 1049 block in North Beach denies beach access. Portions of the beach in Loveladies and North Beach in Long Beach Township have no public access.

Photo by: Jack Reynolds
..

After winning a series of beach access fights in Monmouth County last month, the state Attorney General’s Office is expected to turn its attention to opening up beach paths along Long Beach Island in Ocean County this summer.

The 18-mile-long island has hundreds of sandy paths stretching from Long Beach Boulevard to the beach, but most are marked “Private” or “No Beach Access.” The signs are not legally enforceable, but they do discourage beachgoers. The state Department of Environmental Protection has said it wants them taken down, particularly since the island is in the midst of a $77 million beach-replenishment project.

In January, the state attorney general reached settlements with six private beach clubs in Monmouth County. The settlements gave the public access to a wider swath of beach in front of the clubs — in some cases, they had been limited to as little as 15 feet of sand.

A spokesman for Gov. Chris Christie said last week that the governor will address beach access issues by the start of the tourist season.

“We’ll get to it,” Michael Drewniak said. “Just not yet.”

Portions of the beach in Loveladies and North Beach — both sections of Long Beach Township — have virtually no public access.

Custom-made signs declaring “No Beach Access,” “Private Lane,” “No Trespassing” and “Do Not Enter” line Long Beach Boulevard. There are 239 private lanes with easements on the bay and ocean sides of Long Beach Boulevard in Loveladies and North Beach.

As such, beachgoers who do not own an oceanfront home can expect no parking, restrooms or other amenities along this two-mile stretch of mostly multimillion-dollar homes.

Beach-access advocacy groups say the settlements between the state and the six private beach clubs and Sea Bright, Monmouth County, will serve as a way to open beach access in sections of Long Beach Township.

Tim Dillingham, executive director of the American Littoral Society, said Long Beach Island is the poster child for private homeowners trying to keep people off publicly-funded beaches.

“Owners have a problem letting people on the beach there, but they have no problem accepting public money,” Dillingham said.

However, Kenneth Porro, an attorney for 67 oceanfront homeowners across LBI who refuse to sign easements for a beachfill project, said pursuing beach access on private lanes on the north end is another example of government trying to take land without just compensation.

“The government has the power to do this under eminent domain and the Public Trust Doctrine but they must pay homeowners,” he said.

“Think about it. It’s your property, you pay thousands of dollars in taxes, why should you give up private access when people can walk to the next street,” Porro said.

He said he believes public access in Loveladies and North Beach is not that big of a problem compared with the missing amenities.

“People don’t go there to go to the beach because they know there’s nowhere to park or go to the bathroom,” Porro said.

Long Beach Township has been at odds with oceanfront homeowners in Loveladies and North Beach who have refused to sign easements granting property access to the state Department of Environmental Protection and U.S. Army Corps of Engineers to complete a beach-replenishment project.

Over the past few years, many homeowners say the reason they won’t sign is because they believe doing so will lead to a boardwalk being built, more public parking, bathrooms and more members of the public getting to the beach by their homes.

“It’s offensive that there’s no access and it’s preposterous that there is no way to get over the dunes or park,” said Julia LeMense, an attorney who represented the littoral society and Citizens Right to Access Beaches, or CRAB.

Both CRAB and the littoral society were involved in the three-year mediation process for the Monmouth County settlements. Attorney General Anne Milgram sued nine beach clubs and Sea Bright in 2006 for limiting public beach access.

The lawsuit claimed the beach clubs were in violation of the Public Trust Doctrine. The long-held principle, which dates to Roman times, says the public cannot be denied access to the water.

The settlements significantly expand the amount of beach open to the general public, and the beach clubs also have agreed to contribute to a fund that will be used for the construction of additional public-access amenities in Sea Bright, according to the state Attorney General’s Office. Under the settlement, Sea Bright agreed to spend $556,000 to provide additional public-access amenities within the borough that are related to providing public access to the beach.

CRAB founder Ralph Coscia, of Brick Township, said the public has a very strong right to access and use the beaches anywhere in New Jersey, including on Long Beach Island. He said if opening beach access can happen in Sea Bright, it can happen on LBI.

Coscia, 62, formed the nonprofit organization in 1996, following a series of beach-access issues in Point Pleasant Beach.

Coscia said he hopes the Christie administration will favor beach access and examine Long Beach Island because tourism in New Jersey is a multimillion-dollar business.

“This settlement serves as a model and mechanism for the LBI access issue to be resolved,” he said.

“We’re hoping we can build upon each case, like this case in Sea Bright, and each case that comes along — and there will be more that come along — the process will get easier.”

Dillingham said the question of public access has not received as much attention on Long Beach Island as the issue with easements.

“This is timely to look at because of the beach renourishment project on LBI. This is a new administration and we’re hoping to turn their attention to LBI,” he said.

Laurie Brewer, spokeswoman for the state Department of the Public Advocate, said the department believes that the state serves as the trustee to ensure that beaches are available for the benefit of all. She said the state should make every effort to ensure reasonable access to New Jersey beaches — including those in front of private beach clubs and privately owned homes.

“We hope that the Sea Bright settlement shows other municipalities they can play nice in the sandbox,” LeMense said.

Statehouse Bureau writer Juliet Fletcher contributed to this report.

Contact Donna Weaver:

609-226-9198

DWeaver@pressofac.com
"
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[tiderunner70]

This is a real beauty here. And don't be surprised if things are proven to be the same at Rocky Point near Broadway and Friendship!

http://www.northshoresun.com/news-articles/1261/1261-Riverhead-Town-sees-breakthrough-in-beach-rights-battle.html

"Riverhead Councilman George Gabrielsen, who was at a recent meeting with the homeowners when the town presented its findings, said, "Their jaws dropped when we showed them this."


Town attorney Dawn Thomas said the town now believes the amount of beachfront land that belongs to the homeowners is far less than they claimed.

The members of the NSBPOA better wake up and smell the coffee and not let their President bring them down. The private homeowner association in New Jersey recently found out what it was like to be sued by the A.G. on behalf of the public. The association not only lost; they lost big time.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[Gooch]

I read that article also. I immediately thought of you! I would hope that this will be the beginning of the end for many of the local homeowner associations who have also done the greedy land grab nonsense.

[tiderunner70]

Unfortunately there are not many town boards standing up and doing the right thing.
_________________
Tom Farrell
weakfishin@yahoo.com
631-475-1133 x120

Vice President-New York Coalition for Recreational Fishing

MSA
LIBBA

[rpsurf5]

The situation at Rocky Point and Shoreham is a disgrace. The politicians have done absolutely nothing as local homeowners have stolen away access to public beaches. Rocky Point beaches are virtually blockaded from the general public , all the politicians and law enforcement have been given a tremendous amount of documentation but have done nothing. Supervisor Lesko who was voted in to office with the help of the fisherman used to be a federal prosecutor and has now disappeared on this issue.