Stannard Beach Assn Board of Directors meeting September 8,
2013
The meeting was called to order at 9:05 a.m.
Motion to go into executive session made by Marty Webber, 2nd
by Sandy Seidman, all voted in favor.
Treasurer’s Report by John Kava: $89,000 in checking,
$12,000 in receivables.
Motion to accept treasurer’s report made by George Palmer, 2nd
by Paul Shlein, all voted in favor.
At the Annual Meeting dated August 25, 2013, permission was
received by vote to expend up to $15,000 to continue the investigation of
erosion control measures, possibly taking action a step at a time and seeing if
each thing we try works. If it works then we consider taking additional
steps. Concern was raised about the
effectiveness of a partial program that does not fulfill the recommendation of
the experts. The greater issue is the need for a committee to make a plan to
move forward as a community. We need a
bill of rights so everyone understands each other’s rights.
Start with a bill of rights and how to get to the beach.
There are several rights of way/easements with different
legal privileges/rights/restraints on each:
1.
Sandy Seidman
2.
Side walk that was 1st Avenue – is a
right of passage
3.
Webber – folks on Ripley Hill cannot use
4.
Lyman-Brown
Sidewalk to wall owned by Bill Wrang
5.
Katz/Cedar Lane
6.
Rottblatt/Madnick
7.
Powers – owned by Schwartz
8.
Tosto –private right of way
9.
Rosenblatt – far side of property by Water’s
Edge. Ownership is unclear
10. 2nd Ave from the bottom of Ripley
Hill Rd going West is privately owned by Water’s Edge
Bill of rights committee to include Sandy Seidman as Chair,
Susan Miller, John Abella, Merle Katzman, and Mike Grennan, initially. Start
with a clear map of all the rights of ways and which you should use. There are
101 parcels in the beach association. Different deeds are worded differently
regarding access to the beach. i.e. the
Cedar Lane right of way states it is for everyone but it is not listed on each
person’s deed.
The Assn has put ordinances in place regarding use of the
beach and rights of way. But the BOD cannot tell private owners what the limits
on private rights are. Cannot legislate private owners’ rights. Also it is
awkward to have to ask permission to use a beach every time you wish to go
there. Conflict arises when all Assn members are asked to write a check and pay
into beach nourishment projects, but what do they get for it regarding use of
the beach? It was suggested, by way of
example, that in Florida public money is spent on public land, and private
money is used on private owners’ properties. So can use Assn money to build a
breakwater on public land/water off shore, not on private waterfront owner’s
beach space. There is sentiment that folks should not have to ask permission to
sit on the beach.
If Assn members all pay into beach nourishment investments,
then maybe the deeds should be changed to make the entire beach for
everyone. All the deeds are different –
Beach Court deeds say they own to the wall, J Kiely says his deed states he
owns seaward from the wall 16’. Any beach that is created from Steve Powers’
property to end of Beach Court will be public land.
A By-laws committee is needed to
assemble a clear set of existing by-laws and identify all the changes that have
been voted on over time. The list of
amendments/edits/changes will be presented to the board and then incorporated
in to the full document. This will be presented to the board for further
action. Then the by laws need to be made contemporary, and, when all of the
updates/changes are complete, each Assn member given a copy with a sign off
that they have received them.
How will our Assn enforce our
rules and rights? We need to modernize
the by laws so they work in the modern world with enforceable policies.
Currently there is a Rules
committee, as stated in the by laws. If any Assn member brings a complaint to
the Rules committee then the Rules committee looks at it, but there is no real
vehicle for enforcement.
By laws committee to include:
Sharon Bender as Chair, Laura Petchler and Sandy Seidman, initially.
Ground rules for committees:
committees are not creating rules or changes to deeds/rights, only gathering
information and sharing it with the BOD.
Lyman/Brown right of way: Trying
to get Spazzarini and Sykes to agree as to where to put in a drain and regrade
to remove any low point. The Assn needs to pay for it, as we want to fix the
problem and avoid further more expensive legal involvement. Will cost about $8000: $4700 for the drain and
regrading, additional dollars for lifting out shrubbery, moving and resodding
as needed.
Lyman’s basement is wet so since
the Assn graded the right of way and paid for the regrading, we have to fix it.
Assn is adding a drain. The berm on the waterside of 2nd
Ave has been taken off the table. There will not be a berm on the Lyman/Brown
right of way sending water down 2nd Ave., per Mike Guinan who is on
the committee working on resolving this issue.
If Sykes agrees to the plan we want
a release from any further action, to go into effect after 3 storms, if there
is no water in Lyman’s basement. We can go to court eventually, but now we need
to spend this $8000 to show we tried to fix this problem.
We need a release, in advance,
before spending any money. We have no proof the water in the Lyman’s basement
is due to Assn action or from any other reason or action. We live at the beach
and water is a constant issue for all waterfront owners. But since we hired and paid contractors to
change the right of way, we are liable for now.
The plan did not work (maybe the water would have been there regardless,
due to water table levels at the beach) and the contractors have been paid and
Lou Brown was given a signed agreement.
George Dallas has hired an
attorney to be ready to defend the Assn, should we need it.
Water to the area comes from a
variety of sources onto the properties including:
1. Water comes down Ripley Hill
Rd and turns left
2. The water on the 1st
Ave sidewalk runs east.
3. Rainfall
4. Lyman’s most recent
construction includes a very large unguttered roof. It was constructed in
separate portions so did not require a floodwater plan by the town
Motion to approve up to $8500 to
have work done including installing a drain, regrading, moving shrubbery and
resodding as needed. Must include a release after 3 rainstorms of an average
amount of water, once the work is done, if there is no water in the basement.
Motion made by Sandy Seidman and 2nd by Steve Mason. The motion is contingent upon obtaining the
release.
Costs include $4700 to install a
drain and regrade, and the remainder of the money needed is for lifting out
shrubs, moving them, and resodding as needed, as reported by Mike Guinan, who
has been working to resolve this issue. Allocation increased by $500.
Vote is 14 for, 0 against, 3
abstained. Motion passed.
Lou brown stated that he
videotaped the last storm and it shows no water in the right of way. Water
pools on the east end of the Lyman driveway. Mike Guinan has a video that shows
other directions of water flow.
Lou Brown has had his fencing
ripped out just past where his surveillance cameras can see.
Most Board members were sad to
be spending Assn dollars of $8500, but given the situation agreed to put it to
a vote and end the issue. An additional amendment was proposed by John Kava
that this would be the last tie the Assn would be paying Assn money on this
issue.
Meeting adjourned.
Submitted by S Bender, Secretary
