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PUBLIC TRUST DOCTRINE-SHORE MANAGEMENT
PUBLIC
FISHING RIGHTS
Below is a letter to the town Supervisor that can be printed
and sent. Stand up for your rights!
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.
Tuesday, November 30, 2010
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