HomeMy WebLinkAboutRetaining Wall Property Investigation of Ownership/Responsibilities 2025 Progress report on the real property investigation of
1) ownership/responsibilities of a retaining wall
with concrete stairway/title of lands underneath it,
adjoining public Central Avenue and several private
parcels, & 2) title to said Central Avenue: at Fishers
Island, Southold Township, N.Y., revised July 11,
2025, by Steve Russell Boerner, real property
investigator, for the Town of Southold, N.Y.
t.
i�
I. METHODOLOGY
I have conducted intensive research into Fishers Island, particularly identifying
filed (and unfiled) maps & numerous deeds. Thus far I have:
• Completed a deed search of the westerly-most cottage parcel (adjoining
Munnatawket Beach) back to original title (Winthrop-Fox-Ferguson-Fishers
Island Farms, Inc.-private)
1
• Searched the TOS Highway Libers & other TOS records for references to
Central Avenue
• Obtained archival documents from NYS pertaining to the adjacent lands
under water (outward from MHW) granted to the Ferguson Brothers in the
1890s, including a narrative survey map delineating the bounds
• Obtained early photographs of the seawall pertinent to this investigation
• Identified & obtained deeds with references to "concrete walls,"
"seawalls," etc.
• Carefully compiled all known filed maps for FI at the Suffolk County Clerk's
Office, & in process of identifying & if relevant obtaining
• Researched a variety of archival sources, including historic newspapers
II. SUMMARY:
1. The seawall on the beach parcel, "Munnatawket Beach":
This beach parcel was originally part of the "Lyles Beach Hotel Property," then
the Ferguson Brothers' Munnatawket Hotel. The seawall, if in fact the same
one as seen in historic photographs, was likely built circa 1880s to protect the
hotel structure on the upland behind the beach. The hotel itself was razed in
the 1920s and the large parcel was subdivided. The three "Sister Cottages"
were built circa 1903 in association with the hotel; once the hotel was
discontinued, or sometime after, all three were sold off to private ownership,
with all three also owning equal interests in Munnatawket Beach, of which the
south side of the seawall adjoins Central Avenue. I do not believe Central
Avenue was laid out before the construction of said seawall.
2. Central Avenue roadbed title:
I have carefully searched & scrutinized numerous and varied public and
archival records for the origin and status of this road; it is clear that portions of
adjoining Crescent Avenue and Munnatawket Avenue, respectively, were
accepted by the Town of Southold as public roads. I do not see the same for
Central Avenue; the portion of Central Avenue, where it meets the northern
terminus of Munnatawket Avenue and Crescent Avenue to the west, does not
2
appear to be included or considered any of the portions of the dedicated
portions of Crescent Avenue in 1885.
Note:
There is one road map I have yet to locate and would like to scrutinize:
"Map of Highways on Fishers Island Town of Southold...laid out in 1885, J.W. &
A. Case, Surveyors..." to be filed by us, the Commissioners in the Clerk's Office
of TOS." (*note: J. Wickham Case and son Alberton Case were both Southold
attorneys, so I am not sure yet why this map is attributed to them).
III. LAND TENURE & CARTOGRAPHIC HISTORY OF AREA OF INTEREST:
Mvnnatawket Beach and Cottages, Fishers Island, N. Y.
r
11
P
_ moo ss.
i' _ '- _ Ye�"t
V Vol
1 Circa 1930s postcard of Munnatawket Beach with seawall and steps,associated cottages adjoining on the east.
3
The history of the property now comprised of the narrow portion of Central
Avenue (east of Munnatawket Avenue and merging with Crescent Avenue to the
west), Munnatawket Beach, and the three "Cottages" of which said beach own
equal interests in, is as follows:
The Winthrop era of ownership of the island in entirety lasted circa 1640 to 1863,
when it was sold in its entirety to Robert R. Fox. Upon Fox's unexpected death
after seven years of ownership, a trustee guardian was appointed, James L. Lyle,
to manage the island for Fox's young daughters. This included the selling of
parcels to private individuals, and the development of roads. In 1885 a submarine
communications cable was laid, from Connecticut to the Lyles Beach Hotel, our
geographic area of interest. In 1889, 90% of the island (10% of it conveyed to the
U.S. Government and as lots to private individuals) was sold the Ferguson
Brothers. The Lyles Hotel was expanded and renamed Munnatawket Hotel, with a
steamboat landing pier adjoining it also greatly expanded. Additionally, the
existing road system was expanded.'
The earliest scientifically created map of the island is the U.S. Coast and Geodetic
Survey map of 1838, with accurately depicted topographic features, place names,
and existing roads (dirt paths); for our geographic interests, the West End of the
island, the road system centered upon the West End Farm, with a road leading in
a southeast direction straight to the dock (present day vicinity of Dock Beach),
and a road leading in a southwest direction from said Farm, where it splits into
two roads around the hill, present day Fox Avenue and Mansion House Drive,
respectively.' An 1875 auction map of farm parcels made for the Fox family also
delineates the same road system as above; our area of interest was still
undeveloped.'
In 1885, Lyles requested the following roads be released to and some laid out by
the Town of Southold Highway Commissioners, for permanent use as public
'https://fiuc.net/about/history
3 http://24.38.28.228/WebLink/DocView.aspx?id=430229&dbid=0&repo=TownOfSouthold
4 https://fergusonmuseum.org/2015/05/island-history-paths-not-taken/#post/0
4
highways: Athol Crescent, Equestrian Avenue, Crescent Avenue, Halcyon Avenue,
Heathullo Avenue, Ettrick Street, and Oriental Avenue.5
In early photographs of this development we first see the, or a, seawall, adjoining
the narrow sandy beach and the rising upland and hotel structures behind it.
The appearance of a road running through the middle of this parcel directly to the
wharf, for foot and stagecoach traffic, also first appears, Munnatawket Road
(Avenue). Almost immediately upon purchasing the island, the Fergusons' and
private property owners applied to the Town of Southold Commissioners of
Highways, released lands for roads to be laid out and made public.'
In 1890 the Ferguson Brothers purchased the said hotel property and wharf and
extensively expanded both. The purchase of the majority of the island by the
Ferguson Brothers included an extensive abstract of title for the parcels
previously conveyed.' Among them the Lyles Hotel property and wharf,
developed in 1882.' The chain of title for this parcel of interest is as follows:
Winthrop family — Fox family— Fox to Marx family— Marx family to Ferguson
Brothers, to wit:
Simon E. Marx, and Sophie E. Marx, his wife, to Edmund M. Ferguson, and
Walton Ferguson; deed with full covenants, dated September 30, 1891,
recorded in Suffolk County Clerk's Office, Liber 348, page 435, October 24, 1891:
"Conveys all that certain lot, piece or parcel of land, situate, lying and being on
Fisher's (sic) Island, Suffolk County, State of New York, bounded and described as
follows: commencing at a point at high water mark, on the north shore of Fishers
Island, on Fishers Island Sound, thence in a southwesterly direction by and
5 http://24.38.28.228/WebLink/DocView.aspx?id=493314&dbid=0&repo=TownOfSouthold (Liber 1 1885-1890
Highways, manuscript pages 1-9,website pages 23-31)
6 http://24.38.28.228/WebLink/DocView.aspx?id=493314&dbid=0&repo=Town0fSouthold (Liber 1 1885-1890
Highways, manuscript pages 362-391,website pages 380-401; manuscript pages 483-520,website pages 473-494;
manuscript pages 549-560, website pages 521-532; manuscript pages 587-596,website pages 557-568 ) (*NOTE:
this Liber is stated to end in 1890, but these conveyances are 1890-1902; none appear to include Central Avenue).
'https://www.loc.gov/item/18014011/
s https://fergusonmuseum.org/2024/05/the-lyles-beach-hotel-the-center-of-fishers-islands-brief-flirtation-with-
tourism/
5
alongside the east side of Avenue A, one hundred and ninety feet (190) to a mere
stone; thence in a southeasterly direction four hundred and thirty-two feet (432)
to a mere stone; thence in a northeasterly direction one hundred and ninety-two
feet (192) to high water mark on the shore; thence northerly by and along said
shore four hundred and fifty feet to the point of starting, together with the hotel
buildings known as Lyles Beach Hotel, and the restaurant building, bathing
houses, wharf, and all riparian rights, and all buildings, fixtures, appurtenances
and improvements upon said premises."
My research bears out that the adjoining areas to the west and east of the Lyles
Hotel property were not conveyed prior to the Fergusons' purchase. In fact, this
area appears largely undeveloped, the focus of development during the Fox and
early Ferguson eras to be centered around the Mansion House, south of our area
of concern; the original town dock, on the southeast side of Fishers Island Sound,
had a road leading between it and the said Mansion House. Therefore, the chain
of title for these areas is Winthrop-Fox-Ferguson, undeveloped. They then applied
to the NYS Land Commissioner's Office for a grant of land underwater (including
the foreshore) for a deeper water wharf, which they received.' The map below
was included in their application; depicted in it has to be the extant Avenue A
(discontinued), as it's recited in the above Lyle Hotel property deed. , adjoining
the hotel upland property on the west; Crescent Avenue to the west and Central
Avenue to the east were yet to be created.
9 NYS Archives,
6
PLgN - A -
f-/,,/�p J ,-- � EOwuNOMf!•1.YJwv�;`IYNLT ON Fi-woua��.
- IJL/VNO -
S
..j ..•..... �..J. ••.. ..•
•�t
V •
t• /1
,
a;
z
n
7
The following composite map (oriented to the west), depicting the laying out of
nearby Crescent Avenue in 1885, with adjoining roads also depicted, was done in
1901. Here we see Crescent Avenue leading directly to the intersection with
Munnatawket Avenue at itmuns northernmost reach, to the wharf; at this point in
time (1901) it does not continue east through and past the hotel property, where
it would later merge with Central Avenue:
a
I �
• I �
JARR NA Rd' U
V O
r -CRE5CEN LAY-OUTOCR£SCENT AVE."J zt 0
Jrygyl wa n<o.<A:<n NA /J �<
W
1
J CAL
• 1 y
F/SNERS/JLANO MY �`
t
FEN.m
By 1926, the hotel was razed, and Central Avenue ran eastward through it; after
this time the adjoining cottages, which were part of the Munnatawket Hotel
offerings, were sold off to private owners; the following map depicts the parcels,
with the small beach parcel, named Munnatawket Beach, of which the cottage
parcels jointly owned, to the present day. It is to be noted a seawall is not
depicted in this map:
8
t
t
r
1Y117fIdaT_�YdK GL G.OT?��T
r.s.ewa r.rro,rrn..M+.
db
dP
•r.r T..
10
The deed which the above map accompanied,11 conveying one of the cottage
parcels and its respective % interest in adjoining Munnatawket Beach, includes
the following noteworthy descriptions:
Fishers Island Farms, Inc. (Fergusons) to St. John's Protestant Episcopal Church of
Fishers Island, January 27, 1949: "beginning at a point on the northeasterly line of
Central Avenue (note: adjoins Central Avenue, not to centerline), containing 0.55
acres..." together with all the right, title and interest of the party of the first part
(Fishers Island Farms, Inc.) of, in and to any land lying in the bed of any street,
road or avenue (Central Avenue), opened or proposed adjoining the aforesaid
premises to the centerline thereof."
Together with an undivided % interest in the Munnatawket Beach, so
called...bounded at a point on the northeasterly line of Central Avenue (consistent
with first parcel bounds)-containing 0.16 acres, more or less...subject to the right
of the party of the first part (Fishers Island Farms, Inc.) and/or its affiliated or
" Plan of Munnatawket Cottage Sites, Fishers Island New York, made for Fishers Island Farms Inc., by Chandler and
Palmer Engineers, Norwich Connecticut, August 1948.
11 Suffolk County Clerk's Office, Deeds Liber 2920, pages 330-332, including map.
9
subsidiary companies to maintain water mains, cesspools, sewer lines, electric
light and telephone wires, poles, and accessories in their present position, to
enter upon said premises for the purpose of repairing and renewing the same,
and to do whatever may be necessary on said premises in connection with said
repairs and renewal. Could this include maintenance and repair of the seawall in
question?
At the August 15, 1961 Highway Department meeting,12 the following roads in our
area of interest were taken into the town highway system (orders establishing
town highway by user):
Boardinghouse Road, Sapho Road, Mansion House Drive, Alpine Avenue,
Munnatawket Road (Avenue) (to its northernmost reach at intersection with
Central Avenue), Madeline Avenue, Equestrian Avenue, Avenue B, and Fox
Avenue. The following map was created to accompany and delineate these
roads:13
12 http://24.38.28.228/WebLink/DocView.aspx?id=498257&dbid=0&repo=TownOfSouthold (Liber P 1948-1974
Highways, manuscript pages 289-297,website pages 174-178)
13"Map of Proposed Highways on Fishers Island,Town of Southold, Suffolk County, New York," by Otto W.VanTuyl
&Son, licensed land surveyors,dated August 8, 1961.
10
e
4
V xnn'.Ns-uay �Ny(Mn a.{AN1Y u>x x � r,'� \t
t T'NC {~ 4aw t R 4
- V `L°A M1 N6 � e•
� •4 \u Vt
I
! MAP of
P eevM°t^0"" PROPOSED HIGHWAYS /Ili � i
R t Flsfi s ISLWD
7bm ac SwTI°Le ';
«•ar +
5
,wa»si tAeMn
OnaM�yyit�h�,y�
211
IV. CONCLUSION:
As Central Avenue was depicted (as stated earlier, likely laid out circa 1920s), yet
not included with the numerous nearby roads, there are only two possibilities:
first, it was already previously taken into the town highway system, or, it was
never accepted, and remains a private road.
I have carefully reviewed the Town of Southold records dating back to the 1880s
to present, including the Highway Books, Town Board Minutes, etc. Fishers Island
is represented throughout this time period, i.e. road alterations, acceptances,
discontinuances, etc. After careful second and third reviews, I have not found any
references to Central Avenue being accepted into the town highway system.
Additionally, I have not found any reference to the seawall in question, either in
the aforementioned town records, maps, deeds, etc. It is an established fact that
Munnatawket Beach, which said seawall is upon at its southern bounds adjoining
Central Avenue, is privately owned.
11
The only evidence I have found indicating Central Avenue (or portions of it) as
potentially a town road are the placements of stop and yield signs at the following
intersections with Central Avenue, between 1966 and 1973:
TOS RESOLUTION DESCRIPTION DATE PAGE COMMENTS
Article 4 Sec 1, 1. Central Ave & 6/30/1966
establishing stop Munnatawket Rd
signs 2. Central Ave & Mansion
House Drive
Sec 3 establishing Crescent at intersection "
yield signs Central Ave both E & W
Town Board meeting On Central Ave, S direction, 8/9/1973
of July 31, 1973, intersection with
Traffic Ordinance IV, Munnatawket Rd
Sec. 1, des. following
intersections as stop
intersections & stop
signs shall be
erected:
Madeline Ave, W, Central It
Ave
Madeline Ave, S, Mansion
House Drive
Sec. 3: des. following On Central Ave, east & It
intersections as yield west, at intersection with
& will have yield Crescent Ave (2 yield signs)
signs erected:
To absolutely determine if the above ordinances confirm town ownership of
Central Avenue, by virtue of the placement of safety signs, snow plowing, etc.,
would require an analysis of the same on private roads on the island, in my
opinion.
As stated earlier, the 1885 Case roads map is an important reference to locate;
while throughout this investigation I have always been mindful that Crescent
Avenue merges into Central Avenue at the intersection with Munnatawket Road,
and therefore could potentially have been part of the taking into the town
highway system as said Crescent Avenue, I believe the provided chronological
12
cartographic evidence indicates that Central Avenue was created at a later date. If
any evidence comes to light I will carefully review and reassess this report.
Steve Russell Boerner,
July 11, 2025
13