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More Troubling News in the Town of Brookhaven:

Letter to  the TOB by NYCRF Tom Farrell

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.

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September 4, 2009 -North Shore Sun; 

Fishermen, Leonard accuse Bonner of holding up committee
Councilwoman laughs off claim, says fishing advisory group will meet
BY PEGGY SPELLMAN HOEY |STAFF WRITER 

Click Here to Read Full Article

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NEWS RELEASE  August, 2009

Contact: Tom Farrell, 631-840-7199

 Fishermen Boost Economy of Rocky Point’s Downtown

ROCKY POINT – Thirty fishermen joined John Leonard, the Democratic nominee for the Second Council District, at a rally Monday to underscore how the fishing industry benefits the economies of North Shore downtowns.

When a local beach was closed to fishermen last year, Rocky Point Fishing Stop had to lay off three employees.  Two adjacent - and empty – storefronts couldn’t find new tenants.  When the beach reopened a few months ago to fishermen under a compromise brokered by new Brookhaven Supervisor Mark Lesko, business at remaining shops and restaurants improved, staffing levels increased and more people strolled down Broadway.

“In Rocky Point, the downtown and the fisherman are symbiotic,” said Leonard, standing with the fishermen and Brookhaven Supervisor Mark Lesko in front of Rocky Point Fishing Stop. “Fishermen from across Long Island who fish at our beaches frequent our bait and tackle shops. They eat at our downtown restaurants and buy their gas here. They invigorate the local economy.

“The opposite is also true: When fishermen are discouraged from visiting, downtown and area shops struggle – and it isn’t just the bait and tackle stores. The delis suffer.  So do the convenience stores and gas stations. The trickle-down affect is immediate and deeply felt.”

Stanley Hentschel, owner of Rocky Point Fishing Stop, was semi-retired with a staff of five when Jane Bonner and the Town of Brookhaven closed Shoreham Town Beach to fishermen. 

“The Town used the lame excuse that it was never a fishing beach,” said Hentschel, at a rally for fishermen Monday in front of his shop. “That’s nonsense and everyone knows it. I’ve been fishing there since 1962.

Closing the beach to fishermen prompted an immediate collapse in the local fishing economy, devastating Rocky Point’s already hurting downtown.  Hentschel had to cut into his retirement account to maintain his staffing levels.  He loaned his company $165,000.  But by year’s end, Hentschel again couldn’t support five employees. So he had no choice but lay off three workers and returned to work full-time. 

Hentschel and area fishermen banded together to lobby the Town to reopen the outer edges of the beach to fishermen.  But they couldn’t even get the Town to hear them out. 

“Jane said at a meeting that she was in contact with me. Not true. She never made the effort,” said Hentschel, a Republican supporting John Leonard for Town Council.

But Lesko brokered a solution: Require beach visitors to get a parking pass, enabling greater enforcement of users of all kinds – and, at the same time, help the businesses in for Rocky Point’s downtown.

“The road to a solution was a simple one: convene the affected parties and talk out the problem,” Lesko said.  “That’s the best way to a solution, and that happened here.  Brookhaven is no longer the ‘Town of No.’ Brookhaven is now the ‘Town of Solutions.’”

“Mark Lesko is a friend of fishermen for life,” said Tom Farrell, vice president of New York Coalition for Recreational Fishing, Inc.  “He understood our interests, Rocky Point’s rich fishing history and how we benefit local business.  I look forward to working with Mark Lesko and John Leonard.  They deserve Rocky Point’s vote. It doesn’t matter if you are a Republican, Democrat or Conservative.”

Business at Hentschel’s bait and tackle shop has improved, and he boosted his staffing levels.  He isn’t the only businessman seeing better revenues since the beach reopened.

Phil Romano treks to Rocky Point occasionally from his home in Flushing, Queens – when the local beach is open to fishermen.

“When you finish fishing at noon after starting at 4 a.m., you need to eat, you need to drink,” said Romano, who attended Monday’s rally.  “So you stop downtown, find a place to get lunch.  You gas up before going home.”

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Brookhaven Town Officials Have Reached a Compromise!

 

 

NYCRF meets with Brookhaven Town Supervisor Mark Lesko

     Debbie Delgatto had taken some photographs of the parking areas of the North Shore beaches. She presented them to Mark so he could clearly see there is a major parking issue. Several of the beaches on the North Shore have plenty of area for parking however there are only a few actual parking spaces while the rest of the street is riddled with no parking signs. Mark will be looking into this situation for us.

     One thing I did not like at the meeting was that he asked me about daytime fishing and permits being related to the day a few times. I was adamant in the fact that fishing during the day is our basic right and that nowhere in the country do you have to file for a permit to fish salt water during the daylight hours. Fishing during the night may be a privilege that we have to have a permit for but in no way do we need a permit for our basic given rights. He is very clear on what our stance will be.

     Mark brought up to us that he will be going back to talk to the residents who have been reasonable and not the ones who have been completely unreasonable. He thinks our proposal will go over very well with them. Also he did say a few times that he does not believe the Town can legally do anything to prevent us from passing in and out of the beach with fishing gear. So he is thankful that we are being so reasonable with our actions.

     When enforcement was brought up regarding the beaches and parks a poor excuse was given. We were told that the Parks officers are being cut back and that enforcement costs money which they really do not have much of. They do not feel that they can provide enforcement due to today’s lack revenue. It was brought up that SCPD used to patrol those beaches on ATV’s and when they were there they did not have many if any issues. In my opinion they will be looking into some possible help from the County for enforcement.

     Overall the meeting went extremely well. Now he has 1 week left to make his decision. He knows what he has to do and I feel things will go very well.

     I hope this report will be good enough for all. My computer at home has crashed and I am trying to squeak everything in while at work.

 

Thank You,  

 

Tom Farrell

Secretary – New York Coalition for Recreational Fishing Inc.

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To Town of Brookhaven Supervisor Mark Lesko:

 

 

     On behalf of the New York Coalition for Recreational Fishing we would like to congratulate you on your great success becoming the new Town of Brookhaven Supervisor. We look forward to a continuous and positive working relationship with you and the Town Board.

 

     As discussed throughout your campaign for election we have several things we would like to work along with you regarding recreational fishing in the Town of Brookhaven . Below is a list of requests we would like to start off with.

 

1.        We strongly urge you to re-open the access of Shoreham Beach to recreational fisherman for day and night use. Also we would like the No Fishing sign to either be removed or modified as soon as possible. (A notation on the sign of no fishing within the bathing area is acceptable). Additionally we would like Shoreham Beach to be added to the already existing Brookhaven Night Fishing Permit..

 

2.        We would also like to request establishing a Fishing Advisory Board for the Town of Brookhaven . We would like the board to meet with the Town Board 3 – 4 times per year to help the town with any recreational fishing related problems or issues. The recreational fisherman we would like to appoint to the advisory board are named as follows: Mike Lang who resides at 41 Lombardi Dr. Smith Point 631-617-5067, NY 11967, Debbie Delgatto of 19 Hazel Ave. Farmingville NY 11738 631-372-7167 and Vito Orlando of 14 Longleaf Ln. Medford NY 11763 631-289-5081.

 

3.        We would like to request either a key or card system for parking during night time access. This system was successful at other locations in the past and to the best of our knowledge is already in place at the Town of Brookhaven dog run. The New York Coalition for Recreational Fishing would be open to giving the Town financial assistance in installing such a system.

 

4.        We would also like to have bilingual no littering signs posted. They could be constructed of aluminum and measure 16” x 20”. The NYCRF could also assist the town financially in this effort as well.

 

5.        We would also like to request a non resident night fishing permit to be established. This permit could be sold in a limited number, and only for certain locations that can sustain additional people. The fee for the permit could be 2 – 3 times the amount of a residents permit. With the current state of our economy this could only help generate more finances for the Town of Brookhaven . The locations we would like to see added to a night permit for non residents are as follows: Shoreham Beach, Blue Point fishing pier, Cedar Beach fishing pier, West Meadow Beach, Sandspit Marina in Patchogue, Forge River Fishing Pier on Riviera Dr. in Mastic, Stony Brook Fishing Pier, Pine Neck Dock in East Patchogue, Corey Beach in Blue Point, Union Ave. dock in Center Moriches and the Maple Ave. Dock in East Moriches.

 

6.        Last but not least we would like to see additional parking spaces at Hallock Landing road in Rocky point, Woodhull Landing Road in Sound Beach , Landing Road in Miller Place and Hagerman Landing Road in Rocky Point. The parking over at West Meadow beach could be improved as well due to the gate that has been moved.

 

 

     Please keep in mind the New York Coalition for Recreational Fishing and the majority of recreational fisherman are extremely conservation minded. We are more than happy to provide beach clean ups as required from time to time. Thank you very much in advance for all of your support and consideration.

 

Sincerely,

 

 

Thomas J. Farrell

Secretary – New York Coalition for Recreational Fishing

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Brookhaven Town News

The Coalition will soon be meeting with Supervisor Mark Lesko and the assistant Supervisor of Brookhaven Town to work out a plan for fishing access for now and the future.

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