Homeowner Who Installed Fence In Cemetery To Remediate The Area

The owners of a home on James Street will pay to remediate a portion of the Old Southampton Burying Ground on Little Plains Road after one of the owners paid to install a fence and hedge in the town-owned cemetery.

According to Brian Doyle of Farrell Fritz, the attorney representing the homeowners, Mirek Denis and Anne Chwat, a landscaper hired by Mr. Denis mistakenly placed the fence on the cemetery property. Ms. Chwat was unaware of the project, he said.

The fence and hedge were installed at the burying ground earlier this month approximately 10 feet inside the property line. The discovery prompted the town to file a report with the Southampton Village Police—noting that although it is a town-owned property, it does lie in the Village of Southampton. The fence has since been taken down.

This week, Mr. Doyle said his clients will pay for remediation of the site. It is unclear how much it will cost. He also added there is a stipulation of agreement being finalized with the Southampton Town attorney’s office regarding the project.

“We do not anticipate there will be any litigation over the misplacement of the fence,” Mr. Doyle said. “The town and I have negotiated an agreement where after certain things are done at the cemetery my clients will be released fully from any liability.”

The cemetery has the earliest Southampton settlers buried there, and concerns were raised by Southampton Town officials that unmarked graves may have been disturbed. To remediate the property, dirt will be sifted to make sure nothing was turned up.

Southampton Town Attorney Tiffany Scarlato was not available for comment this week.

“It was simply a mistake and it was handled immediately by the homeowners to rectify it with the assistance of the cemetery committee,” Mr. Doyle said. “It has come to an amicable resolution.”