The Boulevard Project
Fire Island Boulevard, “Ron McKenna Way”, is actually the central area running the entire length of Pines, officially called the Brookhaven Right of Way. Although predominantly a green space, it has always been under the jurisdiction of the Brookhaven Highway Department. For more than twenty years FIPPOA has worked with the Town of Brookhaven to find ways to improve the Boulevard’s overall appearance. Our homeowners, renters and visitors have made it loud and clear that the Boulevard’s appearance needs improvement. FIPPOA, with your on-going Membership support, is pleased to report it is continuing a public/private partnership with the Town to clean up and beautify the Boulevard.
A series of License Agreements have been completed between Brookhaven and FIPPOA for the purpose of giving FIPPOA more control over the Boulevard’s appearance.
FIPPOA, along with the Pines Chamber of Commerce is developing plans to:
Permit contractors in the immediate Harbor area to enclose their building supplies, carts and vehicles behind uniform cedar fenced and landscaped enclosures
Weed, clean, prune, and enhance the landscape beyond the immediate Harbor area
Design fenced and landscaped parking slots to conceal the trucks that are currently parked on the Boulevard
Design smaller, concealed cedar fenced enclosures for contractors outside the Harbor area
It is a complicated process that raises many questions. Here is a Q&A that we hope you will find helpful in understanding what The Boulevard Project is and how it will be executed.
Questions and Answers
What is the goal of The Boulevard Project?
The goal of the Project is to clean up Fire Island Boulevard by moving contractors into neatly designed cedar-fenced enclosures and then upgrading the green spaces (clearing weeds, pruning and planting) between them. The overarching goal is to remove all visible piles of contractor material and debris from the Boulevard and to upgrade the appearance of the entire Boulevard.
When did this Boulevard Project start?
In the late 90’s, due to many complaints from residents, FIPPOA and the Town started an effort to make better enclosures for contractors and to protect the remaining green space. That effort ran into political headwinds in Brookhaven and was abandoned. The current effort was restarted in 2010 and is now being implemented.
How much of Fire Island Boulevard is included?
At this point FIPPOA is focused on the area from Scaup Walk to Widgeon Walk. In the future we will be looking at the area from Crown Walk to Oak Walk.
Will the entire Boulevard be lined with fences to enclose contractors?
Certainly not. In the immediate Harbor area (Scaup/Widgeon) the number of contractors already there generated a lot of fencing, but outside the Harbor area the focus has to be on maintaining the green space and concealing contractor enclosures.
What does the Licensing agreement mean?
FIPPOA, as the Brookhaven Licensee, has effectively been appointed “landlord” for the designated areas of the Boulevard. To quote the most recent License:
“The Licensee (FIPPOA) shall use and occupy the Licensed Premises for the purposes of installing, constructing, and maintaining landscaping, fencing, gates, and sheds, and to provide for the orderly parking of permitted vehicles thereon…together with the right ingress and egress…for …parking for permitted vehicles, refuse and litter removal, and such other maintenance responsibilities necessary to keep said Premises clean and safe.”
Is this Licensing a new thing?
No. This is by no means the first time such a License agreement has been used: Brookhaven granted FIPPOA similar Licenses to build the Post Office and the Police Office back in the 90’s; then a License to create the Coop Parking area between Harbor Walk and Atlantic Walk; and now a License for the larger Boulevard Project.
What authority does it give FIPPOA?
The Licenses give FIPPOA the right as the Boulevard’s “landlord” to ensure that the goals and provisions of the agreement are fulfilled. FIPPOA will accomplish this by offering a Sub-License, with associated rules and regulations, for each of the contractor enclosures or parking areas that it creates
What obligations do Contractors have as “Sub-Licensees”?
Each Contractor has to fulfill the terms of the Sub-License agreement, and continue to remain in compliance with the agreement.
Which contractors are being offered Sub-Licenses?
For the moment FIPPOA, with the Chamber’s encouragement, is working solely between the area from Scaup Walk to Widgeon Walk, and only with the contractors who are already in “squats” within that area.
What rights did the Town retain with regard to the agreement?
The Right of Way remains Town property and the Town may revoke or cancel the agreement on thirty days notice.
How will the agreement be enforced?
FIPPOA, at Brookhaven’s request, is making every effort to accomplish its goals through cooperative engagement with the contractors. However, the Town reserves the right for the Town Building Inspector and the Town Fire Marshall to make compliance and safety inspections at any time and at any location within the licensed area.
What role does FIPPOA have in enforcement?
As a first, and most important effort, Damian Todaro, FIPPOA’s newly employed Director of External Affairs, will work closely with the contractors to ensure compliance with the rules and regulations outlined in the Sub-Licenses. If that fails, Damian can consult with Town officials to ensure compliance and to request inspections.
How do the contractors get Sub-Licenses? What do they have to do?
Each contractor already in the Scaup/Widgeon area has been contacted by FIPPOA. If there is a contractor in that area who has not been contacted, he/she should call FIPPOA at 631-597-6060.
What about contractors outside of the licensed areas?
FIPPOA is currently concentrating on the Harbor area, and will eventually extend the same principles to the area from Crown Walk to Oak Walk. A contractor outside that area would not, under the current License, be subject to the License rules.
Which contractors are being asked to participate?
That will be determined in consultation with the Pines Chamber of Commerce. Those in the Scaup/Widgeon area have priority and will be asked first. Before FIPPOA shifts its focus to the larger Crown/Oak area, it will develop policies with the Chamber of Commerce to determine how to include the remaining contractors and where.
Will there be a waiting list for new contractors?
A fair policy with regard to new contractors will need to be determined in consultation with the Chamber of Commerce.
Thus far, which contractors are already in the designated areas and have agreed to participate?
Bill Santangelo (Harbor/FIB)
Bill Katen (Atlantic/next to PO)
Doug Teague (FIB)
Which other contractors have been offered plans?
Brendan Egan (FIB)
Mike Jaggi (FIB)
Jamie Blumenthal (behind Doug Teague)
If a contractor or service provider I am working with or know of is not participating, can I say something?
Feel free to ask directly. Let them know your thoughts and don’t hesitate to let FIPPOA know, too.
Can a contractor opt out and move to a non-licensed area?
Yes, but eventually the Town is looking to FIPPOA to manage the entirety of the Boulevard exclusive of the areas the Town retains for its own purposes like the Highway Department yard at Beach Hill Walk.
What is the order in which enclosures and sheds are being built?
FIPPOA started east of Harbor Walk, and is currently working with contractors west of the Post Office on a first come first basis. An invitation to participate and build has been extended to all in the area.
What are the consequences if they don’t participate?
Of course, we hope all contractors and service providers join this effort to clean up and beautify the Boulevard. FIPPOA and the Town will work together to encourage universal participation. At some future point, if necessary, FIPPOA can ask the Town to help enforce the terms of the licensing agreement.
Who pays for the contractors’ enclosures?
The first contractors paid for enclosures and sheds themselves. They will receive a credit on their annual rental fees to offset the costs of building. In future cases FIPPOA may pay for the enclosures and then charge a larger rental fee for their use.
Who is in charge of the designing the enclosures?
Scott Bromley, with Bromley Caldari Architects, is in charge of designing the enclosures.
How is a contractor’s space and location determined?
Initially, in the immediate Harbor area, contractors will remain in approximately the same space in which they have historically been located. As we find additional spaces, whether within the Harbor area or beyond, we will engage The Pines Chamber of Commerce in a discussion as to how to assign those enclosures.
Will the contractor’s sheds or enclosures be uniform in design?
Do the existing Town building codes apply?
No, in the sense that the Right of Way is not private property, so Brookhaven can generate special rules and regulations on its own land. Many of these requirements are outlined in the License Agreement, and others will be included in a package of rules that will apply to all Sub-Licensees. The Town Building Department, Legal Department, Fire Department, and our Town Councilman, Neil Foley, are all overseeing the Boulevard Project’s implementation to ensure that it complies with their needs and the terms of the Licensing agreement.
What utilities are allowed within the enclosures - electricity, heat, water, propane, etc.?
Individual contractors may request electric power from PSEG; water is only permitted for irrigation purposes for landscaping; no sanitary plumbing is permitted; no heating/cooling is permitted; no landline telephones are permitted.
What uses and activities are/are not permitted in these enclosures?
The storage of contractor building materials, supplies, and equipment is permitted and encouraged.
The parking of electric carts and John Deeres (if labeled with appropriate boardwalk licenses) is permitted. The parking of regular licensed, registered vehicles is permitted. No unregistered or unlicensed vehicles are permitted within the enclosures and no “dead” or immobile vehicles are permitted within the enclosures.
The storage of 100 lb. propane tanks is not permitted. Licensed providers of propane may apply for a chain link exchange cage for storage of “BBQ” sized 20 lb. propane tanks.
And perhaps most important, neither office use nor dwelling use is permitted within the enclosures.
Will the contractors have to sign leases and pay fees?
Who collects the fees - FIPPOA or the Town of Brookhaven?
FIPPOA, as indicated in the master License Agreement signed with the Town.
What will the revenue be used for?
To quote the master License:
“The fees will be dedicated to “the costs incurred for (a) the installation, construction, maintenance of landscaping, fencing, gates, sheds and other necessary improvements including refuse and litter removal together with the associated costs to (b) provide necessary personnel to properly manage, supervise, and effectuate the terms and conditions contained herein for use of said Premises…”
When will the agreement expand beyond the Scaup Walk to Widgeon Walk area?
As soon as FIPPOA can complete the work in the immediate area of the Harbor.
Who will landscape and maintain the Boulevard Project?
Will it include parking for homeowners?
We have already opened the FIPPOA “Co-op” parking area (between Harbor and Atlantic Walks) to residents. That area can handle both smaller motor vehicles and carts. The costs start at $600 per year. The number of homeowner vehicles used to be a very small; if the number of homeowner vehicles continues to grow FIPPOA might have to look further at ways to deal with it.
Why is there a “NO PARKING” area from Pickety Ruff Walk to the Freight Dock?
FIPPOA weighed access to the Boulevard, access to the Freight Dock, fire safety, and general esthetics. The basic idea is to ensure that no one blocks the inner Harbor area and that it looks neat and clean at all times.
Can vehicles park elsewhere?
FIPPOA has not yet extended planning for parking past the area immediate Harbor area between Harbor and Atlantic Walks.
Will the Boulevard Project include a bike rack?
We are seeing more and more bicycles on Fire Island Boulevard so a bike rack would be a good idea in the Harbor and at Whyte Hall. But as a reminder, bike riding is forbidden (Brookhaven code) on any boardwalk between Memorial and Labor Day.
If a homeowner, renter or visitor has a concern about one of the enclosures, whom should they contact?
Contact FIPPOA, as a start. If FIPPOA cannot resolve the problem, the Brookhaven Building Inspector and the Brookhaven Fire Marshall can also be requested to inspect.
Can a contractor or anyone else purchase the Right of Way land along Fire Island Boulevard’s green way?
The Town of Brookhaven’s Supervisor, Ed Romaine, has indicated that there will be no plan to sell the green space unless FIPPOA approves the plan.
If our contractors are obligated to store materials in sheds and park in garages, what do off-island governmental and commercial establishments like PSEG, SCWA, Verizon, DIRECTV, etc., have to do?
FIPPOA has no jurisdiction over them, however they, like anyone driving vehicles in the community, have to abide by the No Parking rules as posted.
Does the Boulevard Project include the Freight Dock Area?
No. However if/when freight spills over from the Freight Dock to the Boulevard, it will be up to the FIPPOA Director of External Operations, Damian Todaro, to ensure better compliance on the part of the contractors.
If we haven’t answered your question feel free to contact us at email@example.com or 631-597-6060.
The Boulevard Committee
Tad Paul, Chair