Dan's Papers - August 17, 2007 - Ongoing Conflict Over Eroded Sand Spurs Protestors

Usually the North Fork is serene as the crops swaying in the breeze. But there is conflict among neighbors in the town of West Mattituck. At issue are the results of an Army Corp of Engineers jetty that basically changed the natural sand flow causing erosion of beach on the northern end of Inlet drive. At the center of the issue are Christine and Richard Rivera, whose property now has been getting the sand due to the new jetty. The law states that the beach up to the high tide belongs to the public interest but the sands above that line belongs to the holders of the property, however in this case, the fact that one beach is disappearing and another is growing is bringing a bright light of interest to the law that is now being enforced. No one is blaming the Rivera's for what is happening, they are upset about the law that is protecting the Rivera property along the shore.

The West Mattituck Beach Association is arguing that the Public Trust Doctrine designates three levels of ownership of water front property, state, local and private. However, the association believes that the law states that once the authorities transfer beach property to a private concern, the public still has a right to use the beach because, "the public interest remains intact."

The problem is the amount of sand at Bailies Beach. The protesters who are upset with the status quo where chanting, "We want our sand back!" They also broke into song working around Woody Guthrie's lyrics to proclaim, "This sand is my sand this sand is your sand." The question is what happens when government action alters the shore and the way beaches naturally maintain themselves, sometimes over thousands of years? The anger is at the inability to bring back Bailies beach to its usual splendor.

Many claimed that only a small part of the protest is about the beach and sand but instead the danger to the wildlife and the ecosystem. They were unhappy with the results to be out protesting on a beautiful summers weekend day on the North Fork. Nobody was arrested because the aim was not trouble or disobedience but a demonstration to show that they are not happy. Actions need to be taken to eradicate the concerns of the responsible citizens. This is not a protest to legalize drugs or to increase unemployment checks. These are responsible tax paying citizens who feel the loss of something special, that being Bailies beach, due to poor long range government planning. The jetty had a cost and a real impact on the residents around this beach in West Mattituck.

Everyone now can see the effects of changing the natural shoreline and now decisions must be made on what to do. The courts have ruled in the Rivera's favor at the moment. Officials are all balancing the rights of the public verses the rights of the property owners. But the political temperature of this issue is on the rise and local officials are well aware of it. They have to use their logic, their skills, and their talents to defuse the explosiveness of this issue that is putting neighbor against neighbor. The courts rule on the legality of the laws lawmakers make. At the present, the law is on the side of the Rivera's who did not construct the jetty at heart of the issue. The solution is going to have to come from the sense of doing what's right and best not just for the people today, but for future generations. Councilman Dan Ross and Southold Supervisor Scott Russell are aware of the complex nature of the situation. They are elected officials who balance an ability to count votes and to do what is right.

Ben Franklin and George Washington both walked along the shores of the North Fork and neither owned the land. This issue will be resolved over time to reflect a balance of individual property rights.

The old farmer once said, "I am upset about what they did, I am upset about what they didn't do, and I am most upset if they don't do what they should do." That probably sums it all up right there.