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Vol XVII, No. 1   January-March 2003
Table of Contents:

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In Memoriam

Martin M. Berger, Mayor of Saltaire, died on January 27 after a long illness. The greater Fire Island community was but one of many causes in which he took an active interest and, in FIA’s case, a leadership role. His mature guidance and his articulate representation of Fire Islanders’ needs and opinions proved very valuable to FIA on numerous occasions, including in Washington. If many causes were important to Martin, none was more so than Fire Island.

Highlights

New Superintendent Yet to be Named

Several names have been forwarded by a Northeast Region screening committee to Washington, but no selection has been made.
(Continue Article)
(The new Superintendent has been appointed - see News Release. e.d.)

LIPA CEO Meets With FI Communities 

At the invitation of Legislator Angie Carpenter, LIPA Chairman Richard M. Kessel traveled to Ocean Beach on December 6 to reassure Fire Islanders about electric power. (Continue Article)

Progress on Community Beach Projects

Fire Island National Seashore has hired a consultant to guide the preparation of a comprehensive Environmental Impact Statement that will allow permits to be granted for beach fill projects this winter and beach scraping between now and 2006. (Continue Article)

Driving Regulations Continue Under Study

The special commission of Fire Islanders set up to revise off-road driving regulations for Fire Island has had its life extended. A final meeting will be held in April.

Letter From Bob Spencer

This issue of the Newsletter contains an important letter from FIA’s 1st Vice President, Bob Spencer, who also chairs the Membership and Dunes Guardians Committees. The noose tightens. (Continue Article)


 

Regional Director Polls Islanders on Park Needs 

Marie Rust, Director of the National Park Service’s Northeast Region, has asked experienced NPS employees to call Fire Islanders to get their views on key issues the next Superintendent will be faced with. FIA had delivered its opinions directly to Ms. Rust earlier, but we were eager to state them again, so as to be included in any report that gets forwarded to her desk. 

In our view, the key matter before the next Superintendent will be the need to work productively with sister agencies of the federal government, such as the U.S. Fish & Wildlife Service (FWS), Environmental Protection Agency, and also with key state agencies such as the Departments of State (DOS) and Environmental Conservation (DEC). In our experience, some agency people are innately opposed to shore protection and have learned how to use the convoluted approval system for projects in federal areas to block needed projects. For example, when the state DOS refused to certify the Fire Island Interim Project, it suggested the cause was that the Department of the Interior (DOI) has “problems” with it. Pressed, DOI would say it is unhappy not with possible environmental impacts of shore protection projects on Fire Island, but with “population density” levels not being in accord with what Congress intended when it specified “single-family residential” structures on the beaches.  With DOS buying into this argument, DOI could say to the Army Corps of Engineers, “You don’t have a state partner, so don’t bug us about responding to schedules, etc.”  

The next Superintendent will have to be able to recognize that kind of deliberate whipsaw tactic and respond to it accordingly. 

Unfortunately, the clear concern is not with “density,” i.e., the number of people in the area, but how large and elaborate, and worst of all, “close to the shore,” (and unchecked erosion determines that!) some Fire Island structures are. This, of course, should be none of the resource agencies’ concern. But the Seashore can be sued by environmental groups if it allows projects that seem in opposition to “natural processes.”  

That is why the next Superintendent must be well-versed in matters involving land use and zoning. A clear understanding is needed among property owners, the park and the various zoning authorities, and the next Superintendent should lead that discussion.

The next Superintendent will also inherit the half-finished negotiation over who should be allowed to drive what vehicle at what times and where in the National Seashore. Of key importance here will be the role of law enforcement agencies such as Suffolk County Police and DEC enforcement officers. Will the park be sued if these agencies are treated differently from civilian drivers? If so, can the police continue to protect the beaches, rescue the occasional drowning victim and “show the flag” of law enforcement to the island’s merry- makers?

We hope the next Superintendent will also try to reach out more to the communities. It would be nice to have discussions in advance of the issuance of special orders or decrees, rather than have to react to something already etched in stone

We pledged to Director Rust’s emissary that we would make every effort to work productively with the next Superintendent.


  

Progress on Community Beach Projects

Before leaving to take up direction of the Albright Training Center at Grand Canyon National Park, the previous Superintendent set in motion a program that would allow the communities to do both beach fill and beach scraping projects. The former were to be restricted to projects that could be completed in 2003, but scraping could be done, under guidelines, between 2003 and 2006.

The proposed beach fills for Fire Island Pines and the west end communities of Saltaire, Fair Harbor, Dunewood and Lonelyville went forward under an Environmental Impact Statement (EIS) prepared by Land Use Ecological Services, Inc. Chuck Bowman, owner of Land Use, also is employed by most communities who hope to do beach scraping this summer. The beach fill EIS was close to final approval at this writing

The environmental consultant, Karen Terwilliger, hired by the park to guide the production of an Environmental Assessment (EA), conducted an initial meeting in late September. Fire Island communities with an interest in scraping attended, along with representatives of the Corps, FWS, state agencies and the Town of Brookhaven. The purpose was to determine the scope of the various community projects that might be requested. A follow-up meeting with Mr. Bowman and communities thought likely to scrape in 2003 was held in January. Next, Ms. Terwilliger met with agency representatives separately. It’s hoped that the programmatic permit can issue in mid-April and that those communities that meet the criteria for scraping will be able to do so this year. 

The criteria are: 100’ of dry beach (i.e., above mean high water), with an elevation of plus 7’ NGVD. A 60’ swath of the 100’ may be scraped to a depth of not more than 12 inches, with the sand moved to the dune area. It’s expected that the impact of scraping will be monitored and recorded over the next four years and that new recommendations may be made, depending on the outcome of the studies.

Again, the park is required to go through this exercise in order to reduce the chances of its being successfully sued by environmental groups for seeming not to adequately protect the park resources. The communities appreciate the opportunity to work with the park so that the needed protection activities can also be accommodated.


LIPA Officials to Ocean Beach Meeting 

At the request of Legislator Angie M. Carpenter and Mayor Natalie Katz Rogers, the Chairman of the Long Island Power Authority, Richard M. Kessel, LIPA engineers and several members of management attended a meeting in the Village of Ocean Beach to discuss last summer’s power shortfall and the future energy needs of the island. Assemblyman Steve Levy joined an audience of some fifty representatives of Fire Island communities and organizations, law enforcement/safety professionals, community leaders and commercial interests.  

At the time of peak demand last summer, two of LIPA’s three Fire Island cables went down at the same time through a combination of accidents and normal wear and tear. On the Friday to Sunday period of the July 4th weekend, the island was serviced by the remaining cable, which was not enough to meet the demand. Circuits were tripped and people lost power. LIPA implemented a rolling blackout where people would lose power only for a period of a few hours. The power authority also quickly installed temporary generators at Robert Moses State Park to provide additional power. Still, many visitors cut short their weekends, to the dismay of merchants. LIPA paid claims of over $100,000 to commercial establishments and individuals who could verify losses.

LIPA engineers told the meeting that demand for power on Fire Island is growing in excess of 3 percent a year, compared to about 2.5 percent a year on Long Island. Peak demand on Fire Island can reach 17-18 megawatts on a hot summer weekend. Weekday demand is 3-5 mw. Increased usage is a result of new and larger houses replacing smaller ones with lesser power needs. Air conditioners, freezers and computers all play a role, as the price of equipment comes down. 

Mr. Kessel committed to installing a new, 26 mw cable by spring to meet the demand for electricity on Fire Island. He said that if the new cable isn’t in place by Memorial Day, the temporary generators will be returned to Robert Moses for immediate use if needed.  

LIPA said a customer relations office will be open on Fire Island “on critical weekends.” Legislator Carpenter, Mayor Rogers and island officials will meet again with LIPA to determine how best to meet special power requirements, especially for fire and emergency rescue needs.


Community Contributions 2002

Eleven of Fire Island’s fifteen hamlets made contributions to FIA last year, some of more than $10 per home. The result was $17,602 added to the FIA treasury.

The contributions were:                                                                

Corneille Estates                       $ 250
Davis Park                                3,102
Dunewood                                1,000
Fire Island Pines                       3,000
Kismet                                     1,000
Lonelyville                                  100
Ocean Bay Park                         1,100
Point O’Woods                          1,000
Saltaire                                    5,000
Seaview                                   1,800
Water Island                               250

While dues continued as the Association’s main income source at just under $110,000, contributions to the Dune Guardians Fund reached $66,000. Individual non-earmarked contributions to FIA were over $7,300. These revenues pay for professional services and general and administrative expenses of the Association. 

FIA is a volunteer organization. Only the president receives an honorarium ($28,000) for what is virtually a full-time job; all other officers, directors and alternates donate their services.  

Your dues and contributions are critically important to FIA’s ability to represent your interests in Hauppauge, Albany and Washington.

Thank you.


FIA Pamphlet Needs Art Director 

We’ve drafted a pamphlet to describe what FIA is and what it does. We plan to distribute it to public officials as well as to present and prospective FIA members, so a print run of several thousand is contemplated.

In keeping with the preceding story, we’re wondering if a member skilled in designing such materials would be willing to donate the time and effort necessary to prepare the manuscript for our printer. Prominent credit will be given in the pamphlet, of course. Call Jerry Stoddard at 212-929-6415, or e-mail at licafia@att.net


The Noose Tightens – And Tightens …
(As viewed by Bob Spencer)
 

Those who live near the ocean have seen many of my communications over the years regarding the various threats to keeping their homes. But now, these threats are increasing. In 1962, when we started the struggle to prevent a four-lane highway -- proposed by Robert Moses -- running down the island to Smith Point, we thought that the solution was at hand. With a Seashore in place by 1964, the 17 "exempt" communities, believed they were safe, along with the National Seashore's beauty.  

The National Park system grudgingly moved to set up the Seashore, but they weren't ecstatic, because the park was small - a small diamond in the sand pile. Even then, there were plans to take over a few oceanfront properties. Those plans kept growing, and now they are getting more specific. For instance, we now hear constant chatter from US Interior that no beach nourishment will ever be allowed unless all homes are removed from the state Coastal Erosion Hazard Area (CEHA), which is a bit larger (at 550 homes) than the federal "Dune District," which has about 360 structures over all the communities. Some "environmental groups" (Which I'll call "enviros") have pushed this agenda, by calling for $163 million to buy up these homes.

As you probably know, this attitude killed the so- called "Interim Project," proposed by the US Corps of Engineers, and at first supported by the New York Department of Environmental Conservation. We are now in a "reformulation stage", with a new approach to first appear next year, with the public to see by 2005. What is happening, however, is that New York State withdrew its support of the "Interim" beach nourishment plan, and actually has gone over to the side of the "enviros." Now, the primary responsibility has gone over to the New York Department of State (NYSDOS), which seems to want houses out before any beach nourishment. Governor Pataki, once sympathetic to the need for beach nourishment, seems to have given up on the idea. We need to change his mind.

Note that there is excellent evidence that the construction of the groin field in Westhampton, starting in 1964, and left undone without planned sand fill, due to budget cuts, starved Fire Island over 35 years of more than nine million cubic yards of sand - enough to build a whole dune system over Fire Island's 32 miles. The state never mentions that fact, nor does US Interior, nor the "enviros." It would give a bona fide reason to require a beach nourishment program. Our barrier beach is more vulnerable than nature's whims would have left it.

OK? Now here is where the "noose" gets positioned. Evidence is now emerging that NY Department of State believes that houses in the CEHA should disappear over a fairly short period of time. And they seem supportive of a new pro- gram that would classify ALL structures on Fire Island as "non conforming", and then let the ones north of the CEHA zone have up to 50 years use via special permits, that would require them to be ELIMINATED after 50 years. (The specific article that spells out the plan refers to this 50-year period as the "amortization period" where owners are supposed to be able to recoup their investment.)

What is sinister about this is evidence that NYS DOS seems, recently, to be promoting this idea at the Islip and Brookhaven Town level, as well as through the South Shore Estuary Reserve, which is headed by the NYS DOS. This is a challenge to all of us, and we must push back the idea.

So far, there is no available draft of any such ordinances being considered by Islip and Brookhaven. Also, a NYSDOS spokesperson denies that such a thing is being considered, but the same person indicates that no new laws at the State level need to be passed by the legislature to do such a thing. We continue to investigate this hair-raising possibility.

The FIA is at great disadvantage here. We have strong "environmental credentials" by initiating the push in '62 to create the Seashore, along with local community efforts to build and protect the dunes and beach. Yet, the multimillion-dollar budgeted "enviro" groups, along with others, including US Interior, have urged the media to take a position against homeowners. We must resist.

While we have fewer than 4,000 homeowners, we have proven able to work together to accomplish some meaningful things. We need you now, more than ever, to talk up our need to protect the beach and rebuild the beach. Your communications should go to Governor Pataki. Also, get to your Town Council to help prevent such unfair ideas as the 50-year amortization plan, along with new ideas of eliminating homes along the ocean-front, on a wholesale basis, within just a few years.


Financially, join the FIA in their efforts

Our dues-paying members ($75/year) are increas- ing, and the special donations to the Dunes Guardian Fund (DGF) are well used. (We are now putting aside a special reserve many thousands of dollars of the Dunes Guardians Fund to deal with special problems we see ahead as the shape of the noose shows more clearly.)

Please send dollars to help. $75 dues (payable to the FIA), and hundreds more for the DGF if you value the Fire Island life-style. We must overcome huge expenditures by others. Send what you can to: Bob Spencer, c/o Thomson Physicians World, 150 Meadowlands Parkway, Secaucus, N.J.07094. And stay tuned.


State Building Code Changes

New homes on Fire Island will have to comply with stricter building codes, according to a recent story in Newsday. Wind load requirements (how much wind a building will have to sustain) have been raised to 110-120 mph in communities within a mile of the coast; i.e., all of Fire Island. 

Each room in a structure has to have an escape route to the outside that measures 5.75 square feet. Somehow that equates to 20” wide x 24” high. A window used to satisfy the requirement must be kept clear and operable as well as meeting the size restriction. 

Some code provisions have been relaxed. Previously, 36” high guard rails were required when the distance to the floor below, or to grade, was 18” or more. This has been increased to 30”. Also, standing pilot lights for fireplaces, previously not allowed, may now be used. 

The new rules, which could add considerably to construction costs, apply to new structures or those substantially rebuilt.



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The Fire Island Association, Inc.
P.O. Box 424 · Ocean Beach, NY 11770
212.929.6415  ·  212.929.3746  ·  info@fireislandassn.org