Dan's Papers - April 25, 2008 - Threats To Close Popular Montauk Beach

As it stands now, according to Mac Waters, Bureau Marine Resources Supervisor of the Suffolk County Department of Health, Nick's Beach in Montauk is in violation of New York State Sanitary Code sub part 6.2 pertaining to "bathing beaches and bathrooms" and will not be issued a permit to operate this summer unless an acceptable plan for permanent bathrooms is approved before June 1. Waters, who approves all 138 County beach permits, personally sent a "heads up" letter to East Hampton Town officials a few weeks ago. He has had no official response.

The problem is centered on the DEC's rejection of the Town's plan to build permanent bathrooms in a "coastal erosion zone." The state law mandates permanent bathrooms with running water for hand washing to be located at least 500 feet from the edge of the swimming zone. After the first warning in 2003, the Town put in portable toilets without running water. Waters has deemed that solution no longer acceptable due to the "disgusting nature in which the toilets were maintained." He said the Town of East Hampton has had five years to do something, but has done nothing.

At present, the nearest permanent public bathroom to Nick's Beach is 2,400-square-feet away from the swimming area - a distance state code and Waters deem unacceptable and intolerable enough to deny a permit to one of Montauk's most popular ocean beaches, located at the intersection of South Edison Street and South Edison Avenue. Waters explained that all Town-sponsored beaches must have a permit issued by his office within the Suffolk County Health Department. At the moment, only Nick's Beach was at risk for not getting a permit due to violation of the bathroom code. While it's not illegal to swim in the ocean, it is illegal for a town to charge money for parking stickers for a beach that doesn't have a County permit. Waters expressed his concern that this major Montauk beach may be closed unless Town officials come to life with an acceptable, viable plan to follow the State code. He is not interested in closing the beach but insuring acceptable legal health conditions that bathers at public beaches are entitled to. He intends to eliminate a health hazard due to unsanitary conditions at "overused smelly portable facilities that don't meet code."

Laraine Creegan, Executive Director of the Montauk Chamber of Commerce, said, "The chamber is trying to arrange a meeting of Town officials and Mr. Waters on April 25 to solve this problem."

She acknowledged that running water and improved temporary toilets are needed, at the very least. She wasn't sure if these proposals alone would be able to persuade Waters to issue a permit for, as she put it, "One of Montauk's prime beaches during the summer."

Waters travels around the County to inspect town-sponsored beaches to see if they comply with the codes, as well as beaches that are not officially Town-sponsored but might be unofficially sponsored and require designation and a permit. In recent years, Two Mile Hollow Beach in East Hampton was so designated after a series of events that started with complaints from a homeowner. Waters investigated, and saw more than 50 people swimming, and a paved parking lot accommodating numerous cars requiring permits. He ordered that the beach be made official with lifeguards and permanent bathrooms. Many longtime habitués believe the uniqueness of that beach has been compromised, but Waters feels it is safer and no longer a health hazard due to lack of bathroom facilities for its increasing number of bathers. He would not confirm nor deny that Egypt Beach, behind The Maidstone Club, was now officially being monitored. He did say that he is always looking out for the safety of residents wherever they bathe - as is his duty.

So the question is, will one of Montauk's major beaches be closed to swimmers this summer? Or will Town officials scramble and somehow put together a plan for long range and short range adherence to State and County law concerning health conditions? Waters stressed it was the last thing on Earth he wanted to do, as he was hoping East Hampton and Montauk officials were not going to leave him no choice. "I will not issue a permit if the beach is not in accordance with State and County code," Waters said more than once. So the clock ticks and hopefully some sort of solution can be reached. Otherwise the only thing swimming iat Nick's Beach will be the fish off shore.