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By Victoria L. Cooper
Begin with one of Montauk’s most incredible views of the Atlantic ocean, add some of the best surfing on the East Coast, and world-class fishing. Now insert surfers, hikers, fishermen, federal and local officials, a lawsuit, handicapped persons and cars. What do you have? Turtle Cove, a secluded beach just west of the Montauk Lighthouse, which is now open for the season of disagreement.
It is no lie that Turtle Cove beach is one of the most scenic surfing and fishing spots in all of New York State. It is located at the base of one of America’s most cherished national landmarks, the Montauk Lighthouse, commissioned by George Washington in 1792. However, in 1985, a 17 acre nature preserve at Turtle Cove was deeded to the Town of East Hampton by the Federal Government. Under this deed was a Plan of Utilization (POU) which prohibited vehicle access to the beach. Understandably so, since it is important to preserve this fragile coastal environment and further, the beach is easily accessible through a foot path from the large New York State parking lot at the Lighthouse.
Because of this POU transfer, the town had put up a gated fence to block the use of the dirt road leading from Montauk Highway to the cove. In 2003, a lawsuit was filed against East Hampton Town alleging that the municipality was in violation of the federal Americans With Disabilities Act for not accommodating the handicapped at Turtle Cove. Because the road was widened in 1998 to provide for heavy machinery needed to shore up the eroded bluff in front of the Montauk Lighthouse, there became room for a little lot. The suit specifically asked that the town provide access for “no more than six vehicles” in the small parking lot created at the base.
Since then, access to the beach has been opened for three months of the year, September through November, the prime surfing and surfcasting season. For the rest of the 9 months, a winding path has been created to allow access to the disabled.
Well, the fall fishing season is here and the gates have been opened to accommodate surfcaster’s vehicles. Six parking spaces exist at Turtle Cove, three of them for the handicapped. However, this season’s plan remains that only one car will be allowed on the beach, driven by Steve Emmons or Dean Kirschner, two Montauk residents who won exclusive beach rights at the settlement reached two years ago. The National Park Service approved the settlement and agreed to negotiate a long-term use plan with the town rather than taking the land back altogether.
Just in July, the plaintiffs from the original lawsuit in 2003 asked the court to reopen the case, claiming that the agreement had been breached. Laura Molinari, the town attorney, stated that Mr. Kirschner and Mr. Emmons claimed that the handicapped parking spaces had been routinely used by non-handicapped vehicles during the past two years.
Last year, the town tried to approve a plan for 12 parking spaces, three of them handicapped, and the parks service denied it and sent it back to the East Hampton town board with comments for review. Of late, the East Hampton Town planners are trying to suggest to the parks service nine parking spaces and a small “turn-around” to allow fishermen to drop off their gear before parking in the large State parking lot adjacent to the Lighthouse. They will also ask that no cars are allowed on the beach, period.
The season is open for disagreement so let your thoughts and concerns be heard. Turtle Cove is something that we all want our children and grandchildren to experience, handicapped or not. Hopefully, the beautiful space at Turtle Cove beach can be shared equally and we will not have a repeat of the gate being torn down and destroyed by angry vandals in 2003, who by the way were never found or charged. It is important to remember that the National Parks Service threatened to take the land back but opted to approve the settlement.
This issue is both one that crosses the environmental sphere and a very personal and local one as well. Suffice it to say, this is not an easy issue to grapple with and anyone who stands on the lovely shore of the Cove will certainly understand why. Perhaps the town will be able to draft a comprehensive plan for the conservative yet satisfying use of Turtle Cove beach, allowing us to all agree for open seasons to come. |
