What’s at risk.

The Benson Reserve and its dune system are at risk of destabilization due to an ill-conceived project.

A walk-through of the Reserve is available for you to review below.

The Benson Bathing Beach Reserve from Emergency Response Marker 20

Is a nearly million-dollar "habitat restoration" project for coastal birds warranted in a dune system that is already healthy and stable?

Shouldn't the primary focus of the critical DEC Water Quality Public grant, which is mandated to prioritize the protection and enhancement of water quality, be directed towards addressing the pollution issues in Fort Pond, Lake Montauk, Fort Pond Bay, and the ocean?

  • CCOM claims this is a habitat restoration project, but their consultant admits it will disturb the habitat of "common birds" and other wildlife, suggesting they can relocate.

  • The consultants state that the dune will be unstable for 3-5 years until new plantings establish themselves. This raises concerns about the dune's effectiveness in protecting property owners from storms.

  • Their plan involves removing mainly invasive plants (a term with controversy) using machinery, manual labor, goats, and tarps. This is said to benefit coastal birds and improve ocean views for a select group of wealthy property owners.

  • It's worth noting that the consultants were hired by the same wealthy property owner, with CCOM leading the effort. Their consultants use phrases like "enhance vistas" and "boost property values."

  • The introduction of barns and fences to contain goats violates the covenants and restrictions placed on the Benson Reserve to protect its natural state.

  • During the August 8, 2023, Town Board Work Session, residents voiced their opposition to this project, calling for a public hearing and requesting the resolution be tabled. Unfortunately, the resolution was only modified.

  • On August 11, 2023, CCOM submitted a DEC Grant application under the Water Quality Improvement Project (WQIP) Program, seeking $649k for Marine District Habitat Restoration. Notably, the grant mandates a 25% private funding contribution, with $230k coming from the same wealthy property owners. One of these property owners financed the consultants' assessment of the Reserve, proposal preparation, and project execution, raising concerns about a potential conflict of interest.

  • News Update: On August 26, 2023, Attorney John Shea of Twomey, Latham, Shea, Kelley, Dubin & Quartararo sent a legal letter to The Town of East Hampton, CCOM, and The DEC on behalf of a property owner. This letter addresses Judge Underwood's decision, explains the Town's acquisition of Benson Reserve, and outlines why CCOM was ineligible for the grant. It includes verbatim excerpts from Judge Underwood's decision and does not imply further legal action. Its purpose is to prevent the placement of goats, fences, and structures on the property, highlighting the community's opposition to the dune-threatening project. While not a complete victory, it serves as a significant step in the right direction.

Voice your opposition to the Benson Bathing Beach Reserve Habitat Restoration Project.

Write a letter to the Town Board opposing the Benson Bathing Beach Reserve Project and the misuse of Important DEC Water Quality Funds

Email Letters to:
Select all and copy and paste them into your email

PVanScoyoc@EHamptonNY.Gov, KBurke-Gonzalez@ehamptonny.gov, DLys@ehamptonny.gov, SOverby@EHamptonNY.Gov, CRogers@EHamptonNY.Gov

Peter Van Scoyac, Town Supervisor
Kathee Burke-Gonzalez, Deputy Supervisor
Sylvia Overby, Town Board Member
David Lys, Town Board Member, and Project Lead
Cate Rogers, Town Board Member

Supporting Data

Read a Speech from a Resident of Montauk, a Member of the Ditch Plains Association, and a Member of Montauk CAC
Read a Letter to the Editor dated 8/17/23 (Stable Dune) in the EH Star, then read the one right after
Listen to the East Hampton Town Board Work Session dated August 8, 2023
The Issue with Goats and Invasive Species in Montauk
Goats in Montauk? Hold your Horses
Invasive Plants? Goats Can Fix That
Montauk Is Going to the Goats to Solve Invasive Plant Species
Goats Are Coming to Montauk To Eradicate Invasive Vines
Listen to the East Hampton Town Board Work Session dated July 17, 2023

  • Addressing water pollution issues that render Fort Pond unsafe for swimming should take precedence over enhancing ocean views for a select few.

  • Reallocate the CCOM floating wetlands project grant of $25k towards implementing permanent stormwater remediation solutions.

  • A DEC Water Quality Improvement Grant is essential for addressing the twelve stormwater drains that channel contaminated water into Fort Pond, rendering it unsafe for both humans and dogs.

Fort Pond (a closed body of water) is contaminated, and unsafe for recreation.


Our beautiful pond is facing significant challenges due to aging septic systems, cesspools, and over a dozen stormwater drains that funnel contaminants into it.

  • For several years, CCOM has received $25k in grant funding but has allocated it to a Floating Wetland project without concrete data on its effectiveness.

  • It's time to reconsider the CCOM floating wetlands project and redirect these funds toward a more pressing issue: stormwater remediation using Bioswales.

  • This initiative involves multiple government entities, including the Town of East Hampton, Suffolk County, and New York State, each with jurisdiction over various roads and areas. By installing Bioswales and implementing diversion techniques on the stormwater drains, we can significantly improve the water quality of Fort Pond.

  • We strongly urge the Town Board's Natural Resources Department to take the lead on this essential project, which will have a lasting positive impact on our community and environment.

What you can do.

Restaurants and commercial businesses in this Harbor Protection Overlay District

We urge you, as a significant contributor to this contamination issue, to actively engage in finding solutions. Taking responsibility and working together to address this problem is essential for the long-term health and sustainability of our community and environment.

  • Consider upgrading their large capacity cesspools and septic systems by utilizing available grant funds from the Town of East Hampton and Suffolk County. These grants offer tax-free financial assistance that can help offset the expenses associated with system upgrades.

  • To further reduce the discharge of greywater into Fort Pond, a shift towards eco-friendly, disposable, and compostable tableware should be initiated promptly and maintained until the necessary system upgrades are completed.

  • For additional information and access to the Grants relevant forms, please visit Learn More about the Grants | Grant Forms. This proactive approach will contribute significantly to protecting and restoring the pond's water quality.

  • It's essential to prioritize regular pump-outs as needed. A recommended minimum schedule for maintenance is annually.

  • Refrain from using fertilizer, pesticides, and toxic chemicals. Consider environmentally safe products.

Residents in this Harbor Protection Overlay District

We strongly urge those inadvertently contributing to contamination to actively participate in finding and implementing solutions. Each of us has a vital role in environmental protection, and through responsible actions, we can collectively enhance our community's health and sustainability.

  • Because many homes around Fort Pond predate conventional septic systems and may still have cesspools that leach contaminants into the pond, it's crucial for all such residents to utilize the available grant funds from the Town of East Hampton and Suffolk County. These grants are tax-free and are designed to cover the full cost of septic system upgrades.

  • By upgrading your septic systems, you not only contribute to the well-being of Fort Pond but also ensure the long-term health and sustainability of our beautiful community. Learn More about the Grants | Grant Forms

  • Fort Pond falls within a Harbor Protection Overlay District (HPOD), and it's essential to prioritize regular pump-outs as required. A recommended minimum schedule for this maintenance is annually for residental homes.

  • Refrain from using fertilizer, pesticides, and toxic chemicals. Consider environmentally safe products.

The Town

Through the Community Preservation Fund, the Town should persist in acquiring all available coastal properties from willing sellers. This strategy aims to restrict dune development and curb any further degradation of water quality, ultimately fostering coastal resiliency. Learn More about the CPF.

  • Fort Pond is 173 acres in size and, as such, is the second largest freshwater pond on Long Island after Lake Ronkonkoma, a kettlehole pond in western Suffolk County. (Lake Montauk was the largest freshwater body on Long Island until it was permanently opened to Block Island Sound in the mid-1920s.). Fort Pond is one of the most popular fishing ponds on Long Island and, as such, is regulated by the New York State Department of Environmental Conservation. The department has recently expressed concern that the pond is in trouble from pollution and ecological problems. Over the past several years, the pond's waters have lost clarity, the bottom vegetation has thinned, and the perimeter wetlands have been impaired by human activities and the invasion of phragmites and exotic plants, one of which is purple loosestrife. Fish populations have become stunted, resulting in the canabalization, overgrazing of zooplankters, and undergrazing of phytoplankton.

    While the pond has yet to experience a full-blown phytoplankton bloom, causing the water to discolor through the pond, it has experienced several localized blooms. The small extension of Fort Pond to the northeast, “Little Fort Pond,” does experience regular algae blooms: these frequently make the water so turbid that it is almost opaque. Such blooms are indicative of too much nutrition and too little phytoplankton grazing; the situation in Little Fort Pond could easily translate to the situation in Fort Pond proper unless aggressive steps are taken to preclude it.

    Fort Pond was formed ca. 15,000 years ago in the aftermath of the final retreat of the Wisconsin glaciation from the Montauk Peninsula. The basin has the appearance of a meltwater lagoon that was gouged out by runoff from the departing ice sheet's melting and, subsequently, from the melting of the glacier that created the Harbor Hills moraine on the north side of Long Island. It is postulated that for a time after glaciation, Fort Pond may have served as a channel between Fort Pond Bay and the Atlantic Ocean (just as it is postulated that Lake Montauk was also a waterway connecting Block Island Sound with the ocean)…

  • Photo Credit: John Chimples

    Is the CCOM one-million-dollar Habitat Restoration Project at the Benson Reserve more critical than addressing water contamination in Lake Montauk?

  • Urgent Septic System Upgrade Required

South Lake and Lake Montauk Continue to be Contaminated: Immediate Action Required

Montauk Yacht Club Pollution Incident Featured in New York Post Page Six. : Witnesses Report Strong Odors and Sightings, Prompting Authorities' Response"

Failed to meet water quality standards

What you can do.

We strongly encourage restaurants and commercial businesses that have a substantial role in contributing to this contamination issue to actively participate in finding solutions. It's crucial for these entities to take responsibility and collaborate on measures to address the problem, ensuring the long-term health and sustainability of our community and environment.

  • Restaurants and commercial establishments around Lake Montauk should consider upgrading their large-capacity cesspools and septic systems by utilizing available grant funds from the Town of East Hampton and Suffolk County. These grants offer tax-free financial assistance that can help offset the expenses associated with system upgrades.

  • To further reduce the discharge of greywater into Lake Montauk, a shift towards eco-friendly, disposable, and compostable tableware should be initiated promptly and maintained until the necessary system upgrades are completed.

  • Many of these establishments have exceeded their capacity, leading to septic system failures. In some recent incidents, these failures have resulted in the unfortunate discharge of raw sewage into storm drains, ultimately flowing into Lake Montauk.

    Until these essential upgrades occur, we strongly recommend that Suffolk County and the Town of East Hampton enforce reduced occupancy levels, implement scheduled pump-outs, and decrease greywater discharge by encouraging the use of eco-friendly, disposable, and compostable tableware. ‘

  • For more information about available grants and access to grant forms, Learn More about the Grants | Grant Forms

    It's important to note that Lake Montauk is located within a Harbor Protection Overlay District. While awaiting grant funding, regular pump-outs should be carried out as needed. We do not endorse any specific septic company, but it's worth noting that Hampton Septic Services does serve the Montauk area.

    We would also like to commend restaurants that have successfully upgraded to low-nitrogen systems with our Montauker 5-star clean watermark. Crow’s Nest Restaurant has achieved a high rating of 💧💧💧💧💧 by upgrading to a low nitrogen system. We look forward to seeing more establishments join this list in the future.

We strongly urge residents who are inadvertently contributing to this contamination issue to participate in finding and implementing solutions actively. Each one of us plays a vital role in protecting our environment, and by taking responsible actions, we can collectively make a positive impact on the health and sustainability of our community.

Ditch Plains flows into Lake Montauk, contributing to contamination.

  • Residents of Ditch Plains and Lake Montauk should consider upgrading their septic systems, utilizing grant funding offered by the Town of East Hampton and Suffolk County. These grants are tax-free and, in most cases, will cover the full cost of the upgrade. It is recommended to schedule regular pump-outs at least once a year.

  • To mitigate contamination, it is imperative to establish bioswales at points where water flows into Lake Montauk. Many homes around Ditch Plains and Lake Montauk still employ older, less efficient septic systems, often cesspools that directly leach into our groundwater. Ditch Plains and Lake Montauk residents should take advantage of the available grant money from the Town of East Hampton and Suffolk County to upgrade their septic systems. These grants are tax-free and will cover the entire cost of the upgrade. For additional information regarding these grants and access to grant forms, please click here.". Learn More about the Grants | Grant Forms

  • Bioswales should be constructed at the inflow points leading into Lake Montauk to effectively filter out contaminated water.

Lake Montauk lies within a Harbor Protection Overlay District. Regular pump-outs are essential and should occur at a minimum of once a year.

The Town of East Hampton

Through the Community Preservation Fund, the Town should persist in acquiring all available coastal properties from willing sellers. This strategy aims to restrict dune development and curb any further degradation of water quality, ultimately fostering coastal resiliency. Learn More about the CPF.

East Hampton Town should consider expanding its fleet of pump-out boats to provide better support for Lake Montauk.

  • Photo Credit: John Chimples

    The dune system and beach at Ditch Plains are rapidly deteriorating and vanishing, raising serious concerns

  • Conversely, the habitat at the Benson Bathing Beach Reserve is thriving.

  • Why is a one-million-dollar coastal bird habitat with dune restoration project receiving funding over the Ditch Plains area?

  • Is it more crucial to prioritize improving coastal resiliency on a healthy dune system than on a failing dune system at Ditch Plains?

  • An urgent dune and habitat restoration project is imperative for Ditch Plains.

We are facing an imminent threat of losing Ditch Plains. The coastline is eroding rapidly, and the dunes are thinning at an alarming rate.

  • The US Army Corps of Engineers has unfortunately excluded Ditch Plains from its Fire Island to Montauk Project (FIMP), which aims to replenish shorelines with sand and stabilize dunes.

  • Nevertheless, the Town can leverage existing resources by piggybacking onto the FIMP project in Downtown Montauk. This entails using the dredge already in place to pump sand onto the Ditch Plains beach and fortify the dunes. Any available grant funding should be vigorously pursued.

  • Ditch Plains serves as a crucial economic driver for the Town of East Hampton. We must initiate a sand replenishment and dune restoration project to safeguard its vitality. This endeavor should also involve the strategic planting of native vegetation within the restored dunes to mitigate erosion and support the local coastal habitat.

  • Where is the DEC Water Quality Improvement Project Grant on this problem?

  • Prior to embarking on any Coastal Habitat Restoration project in Montauk, it is imperative that CCOM and the East Hampton Town Board prioritize the resolution of our pressing water quality concerns and the restoration of our severely depleted dunes in and around Montauk.

    Capture: John Chimples

  • Photo Credit: John Chimples

    Is prioritizing the CCOM Habitat Restoration Project at the Benson Reserve more important than addressing the contaminated Surfside Outfall Pipe?

Beachgoers at Terrace are exposed to daily contamination hazards.

For centuries, the Surfside Outfall Pipe has allowed contaminated stormwater and debris to flow unchecked, often with high bacterial levels. Redirecting this pipe and implementing a Bioswale can provide a solution. What is the status of the DEC Water Quality Improvement Project Grant for this issue?. Where is the DEC Water Quality Improvement Project Grant on this problem?

  • Photo Credit: John Chimples

    Is prioritizing the CCOM Habitat Restoration Project at the Benson Reserve more critical than advocating for clean water in Fort Pond Bay?

  • Urgent Septic System Upgrade Required

  • Urgent Septic System Upgrade Required

  • Urgent Septic System Upgrade Required

Fort Pond Bay has high levels of bacteria
in the summer.

What you can do.

We strongly encourage restaurants and commercial businesses that have a substantial role in contributing to this contamination issue to actively participate in finding solutions. It's crucial for these entities to take responsibility and collaborate on measures to address the problem, ensuring the long-term health and sustainability of our community and environment.

  • It has been identified that some Restaurants and commercial establishments on Fort Pond Bay have large-capacity cesspools and antiquated septics. And must consider upgrading their large-capacity cesspools and septic systems by utilizing available grant funds from the Town of East Hampton and Suffolk County. These grants offer tax-free financial assistance that can help offset the expenses associated with system upgrades.

  • To further reduce the discharge of greywater into Fort Pond Bay, a shift towards eco-friendly, disposable, and compostable tableware should be initiated promptly and maintained until the necessary system upgrades are completed.

  • Many of these establishments have exceeded their capacity, leading to septic system failures. In some recent incidents, these failures have resulted in unfortunate discharge, resulting in high levels of bacteria contamination on water testing.

  • Until these essential upgrades occur, we strongly recommend that Suffolk County and the Town of East Hampton enforce reduced occupancy levels, implement scheduled pump-outs, and decrease greywater discharge by encouraging the use of eco-friendly, disposable, and compostable tableware. ‘

  • For more information about available grants and access to grant forms, Learn More about the Grants | Grant Forms

High-capacity cesspools in New York State are considered illegal and are subject to regulatory requirements for removal or replacement. Here's what you should consider if you have a high-capacity cesspool:

  • Contact Local Authorities: Contact the East Hampton Natural Resources Department or the Suffolk County Health Department to inform them of the situation. They will guide you on the specific steps to address the issue.

  • Assessment: You may be required to have your high-capacity cesspool assessed to determine its condition and potential impact on groundwater and the environment. This assessment can help determine the most appropriate course of action.

  • Replacement or Upgrade: In most cases, high-capacity cesspools must be replaced or upgraded to a more environmentally friendly wastewater treatment system that complies with current regulations. The specific replacement options and requirements will depend on the Suffolk County Health Department.

  • Permitting and Compliance: You must obtain the necessary permits and comply with regulatory requirements to remove, replace, or upgrade your cesspool. This will involve working with a licensed septic system installer or wastewater treatment professional. We do not endorse any particular septic company but know that Hampton Septic Services service Montauk.

  • Financial Assistance: There is financial assistance for upgrading these systems using grant money from the Town of East Hampton and Suffolk County. These grants are tax-free and will partially cover the cost of the upgrade. Learn More | Forms

  • Timelines: Be aware that timelines or deadlines may be associated with addressing the high-capacity cesspool issue. Failing to take appropriate action in a timely manner could result in penalties or fines.

It's essential to work closely with East Hampton, Suffolk County, and New York state authorities to ensure that you address your high-capacity cesspool. Non-compliance with regulations can have legal and environmental consequences, so it's essential to take this matter seriously and take the required actions to protect the environment and public health.

We strongly urge residents who are inadvertently contributing to this contamination issue to participate in finding and implementing solutions actively. Each one of us plays a vital role in protecting our environment, and by taking responsible actions, we can collectively make a positive impact on the health and sustainability of our community.

Ditch Plains flows into Lake Montauk, contributing to contamination.

  • Residents of Ditch Plains and Lake Montauk should consider upgrading their septic systems, utilizing grant funding offered by the Town of East Hampton and Suffolk County. These grants are tax-free and, in most cases, will cover the full cost of the upgrade. It is recommended to schedule regular pump-outs at least once a year.

  • To mitigate contamination, it is imperative to establish bioswales at points where water flows into Lake Montauk. Many homes around Ditch Plains and Lake Montauk still employ older, less efficient septic systems, often cesspools that directly leach into our groundwater. Ditch Plains and Lake Montauk residents should take advantage of the available grant money from the Town of East Hampton and Suffolk County to upgrade their septic systems. These grants are tax-free and will cover the entire cost of the upgrade. For additional information regarding these grants and access to grant forms, please click here.". Learn More about the Grants | Grant Forms

  • Bioswales should be constructed at the inflow points leading into Lake Montauk to effectively filter out contaminated water.

Lake Montauk lies within a Harbor Protection Overlay District. Regular pump-outs are essential and should occur at a minimum of once a year.

The Town of East Hampton

Through the Community Preservation Fund, the Town should persist in acquiring all available coastal properties from willing sellers. This strategy aims to restrict dune development and curb any further degradation of water quality, ultimately fostering coastal resiliency. Learn More about the CPF.

East Hampton Town should consider expanding its fleet of pump-out boats to provide better support for Fort Pond Bay