Beachfront at Casler Place off Pennyfield AvenueThe prospect for rental homes on the southern tip of Throgs Neck off the Long Island Sound is becoming bleaker and bleaker after a second judge said public access to the site could not be restricted, the New York Daily News reported.
Throgs Neck residents Thomas and Susan Acquafredda have been trying to build luxury rental homes on the site for years, and even secured city permits to wall off the shore-front, at the end of Casler Place off Pennyfield Avenue, to begin construction.
But in 2009, neighbors sued the Acquafreddas for blocking public access to the popular swimming and boating beach. This week a state Appellate Division panel upheld a ruling that prohibited construction work on the homes to protect public access to the beach.
The Acquafreddas argue that the beach is private and a fence has always been there, but it’s been left unlocked. Meanwhile, the neighbors point to an easement granted in 1928 that gives them the right to use the beach.
In the Appellate Division panel’s ruling, Justice Dianne Renwick quoted Robert Frost. “Something there is that doesn’t love a wall,” she wrote, before adding her own line: “It is called an easement.” [NYDN]