115 at meeting on Asharoken erosion

By Deborah S. Morris
deborah.morris@newsday.com

Residents of Asharoken gathered last night at a sometimes tense meeting to discuss the court ruling against the village in it’s battle with KeySpan Energy over beach erosion.

Village officials and residents had argued in the $20-million lawsuit that the high-powered expulsion of about 1 million gallons of water per minute from the utility’s Northport power plant into Long Island Sound continues to disturb the flow of sand to the shore.

The village believes that if undisturbed, the sand would build up on the beach, which would create a protective barrier against waves during storms.

Mayor William Kelly (in photo above) was notified July 3 of the judges decision to throw out the 11-year-old suit, which was filed against the former Long Island Lighting Co.

Now after spending $1 million and losing, Kelly wanted to give residents a chance to voice their opinion on what to do next.

“We haven’t made a decision,” Kelly told the 115 people who had gathered in the auditorium of the Laurel Avenue School in Northport. “We won’t make a decision until sometime in September. But I think we have a good chance on appeal.”

Most of those polled said they wanted to appeal the decision.

“I thought the lawsuit would have been in the village’s favor,” said Greg Blower, a six-year Asharoken resident. “So I think we should appeal. No question.”
Others suggested a sit down with KeySpan and other elected officials. Or forget the appeal and have the village buy its own sand.

“I can’t decide to move ahead with the appeal. That is up to the client to decide,” said Richard Dolan, who said his law firm had agreed to a flat fee of $100,000 to mount the appeal, which could take at least a year for a decision. He said a record of appeal was filed on July 30th.

The judge’s decision said the Army Corps of Engineers found a loss of 20,000 cubic square yards of sand, according to Kelly.

Kelly said the village had been in touch with the Army Corps of Engineers to try to enlist its aid. “We didn’t get a decision,” he said, “but we got a promise of a decision,” which is expected next month. He said he is considering suing the Army Corp of Engineers over unenforced permits.

KeySpan Energy, which now owns the plant and inherited the suit, had always disputed the beach erosion was the plant’s fault.

“If the Army Corp does the right thing maybe we won’t have to appeal,” Kelly said. “Let’s wait and see.”