Southampton Town Trustees Allow Homeowner To Encroach On Property In Return For Maintenance Work

A neighbor agreed to take over maintenance responsibilities of a small waterfront park owned by the Southampton Town Trustees in Water Mill—but work done at the property appears to have simply expanded the private residence into the space, which includes a boat ramp.

Hayground Cove, which is located toward the end of Rose Hill Road, is a Trustee-owned, 0.61-acre property with a boat ramp on the northern edge of Mecox Bay. The property was recently obtained by the Trustees from Southampton Town, and the intent was to turn the property into a park.

They had, in fact, wanted to name the park in honor of former Trustee Eric Shultz, who recently left the board after serving for 20 years, but Mr. Shultz declined the recognition, according to Town Trustee President Ed Warner.

Concerned about the cost of maintaining the boat ramp, as well as the land surrounding it, the Southampton Town Trustees agreed to hand off maintenance responsibilities to the adjacent homeowner. Town Trustee Bruce Stafford said the homeowner, who is listed on an agreement that was signed by both parties on February 22 as 493 Rose Hill LLC, agreed to maintain the property.

No money was exchanged in the deal, but a number of stipulations were put in place, which allow the Trustees to bail from the agreement at any time they find necessary.

Mr. Warner said the property provides boat access to Mecox Bay. But the ramp and cove regularly fill with sand, making it difficult for boaters to actually launch motorboats. Mr. Stafford said dredging can be expensive and takes a low priority, and only three employees are dedicated to maintaining Trustee properties throughout the town.

Public access to the boat ramp remains. In return for taking on the maintenance, the Trustees are allowing the homeowner to move the property line to provide ample space for trucks with boat trailers to park and turn around—but also allowing the homeowner to move a line of trees down the middle of his property to the middle of the Trustees’ property, in essence expanding the private lot.

The stipulations on the agreement include the homeowner dredging the mouth of the boat ramp at least twice per year, and moving the sand to an area where the Trustees can use it for beach nourishment projects. At the same time, the homeowner will be required to obtain all of the permits necessary from the State Department of Environmental Conservation to conduct dredging.

The homeowner is also responsible for repaving the parking lot when needed, mowing the lawn, fertilizing the grass, trimming the hedges, and conducting any other seasonal landscaping—all at no cost to the Trustees. Snow removal along the Trustee property is also a requirement, to allow boaters the ability to access the ramp at all times of the year.

The deal is for 15 years, and will automatically renew after that time unless the Trustees or the homeowner want out of the deal.

“It’s something we don’t have the staffing or time to send a dump truck and trailer a machine down there to do,” said Mr. Warner, explaining that the project would take all day.

Calls to the homeowner’s attorney seeking to identify and speak with the homeowner were not immediately returned.

“I think it’s a positive thing,” Mr. Warner said. “I’m hoping the homeowner is a steward of the Trustees—that’s all I can ask for.”