This reminds me of the situation in Boston with the Harborwalk - a 43 mile
walking path that circles the entire harbor, except for the airport. It was
possible because access to the water was guaranteed by old laws. It means that
the fancy waterfront condos, marinas, and hotels have to provide a walking path
along the docks.


"Larry Weiss" wrote in message
...
"Wayne.B" wrote:

On Wed, 04 Feb 2004 13:48:56 GMT, Larry Weiss
wrote:

Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

===========================================

Larry, why would the good people of Oyster Bay want to block access to
their dock by alien infidels like me (from NY, CT, FL and where ever)?

Is the dock getting over crowded or is this just a territorial thing?

You're reminding me of why I've always had issues with Long Island
towns. :-)

Sorry Wayne, its not about the water or the dock. Please come on over and
enjoy Oyster Bay anytime. We love alien infidels like you. :-) Its the
other infidels that are the problem ...

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.

Larry Weiss
"...Ever After!"
"a little after..."