photo by Bruce-Michael Gelbert
Invasion 2006 - Dirty Martini at Sip'n'Twirl
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Half a century ago, Robert Moses wanted to pave over all of Fire Island for a highway, which, had he succeeded, would effectively have demolished our Fire Island beach, woods, communities, homes, and businesses. Now another battle, over Fire Island land use, is brewing in Brookhaven, the Long Island town that governs our beloved island, as the Brookhaven Board of Zoning Appeals (BZA), which apparently supports Pines plans to rebuild the downtown Fire Island Pines LaFountaine or Danikki Building—which housed Sip ’n’ Twirl, the Island Bistro, La Fountaine’s gas company, and four other businesses, and was gutted in the November 14, 2011 fire and then demolished—prepares to hold a public hearing, on January 11 at 2 p.m., at which the Affiliated Brookhaven Civic Organization, Inc. (ABCO), intends to voice its opposition.

ABCO and its supporters claim that the LaFountaines, and elected officials that have assisted them, have not only pushed through fast-track permitting to rebuild a “pre-existing non-conforming” structure, which ABCO considers an “unsafe building,’ in light of the fire, which, ABCO claims, had already exceeding the buildable percentage of the lot that it was on, but have also sought to increase the size of the structure, from the one that was destroyed, when the law, ABCO says, permits a smaller allowable increase in the size of a building replacing one destroyed by “fire, explosion, [or] acts of God.” ABCO maintains that just 50 percent of the lot was buildable, that the building that burned occupied 98.8 percent of the lot, and that, following the fire, no more than 75 percent is buildable, and that the height of the building is in violation of the law as well.

The position of the LaFountaines, Sip ’n’ Twirl, and supporters, including Coastline Freight, which handles much of the shipping of large-size materials to our communities, is that a new building, to be completed in time for the 2012 season, maintain exactly the footprint of the previous structure, “which was a legal commercial building, with all current Town of Brookhaven Certificates of Occupancy,” and “include updates to contemporary building structural codes.” The following appears on ABCO’s web site:

Despite safety concerns, the Superintendent of the FIIS [sic—FINS (Fire Island National Seashore)] and the NPS may be poised to yield to inappropriate political & internet pressure based on misplaced emotional appeals. Some even suggesting that the Town BZA yield entirely to intense pressure from electeds and powerful pressure groups to "just look the other way "... apparently many have been at work tracking down our local civic leaders and writing town attorneys and officials in attempts to convince them to ignore the Town's Great South Beach Code that provides no legal basis to justify not acting to protect and apply the very zoning standards that Congress enacted 46 years ago to create, preserve and protect the National Seashore ... and which actually permit ownership of private property within the Seashore .... providing that all property owners comply with the strict federal standards.

Perhaps power, influence, wealth and outright bullying & intimidation tactics may have impact ... but they are not a substitute for either the Law or the facts. Hundreds of fireman [sic] risked their lives on a cold November night to assist the Pines Community in crises [sic]. How disappointing will the sacrifice of so many be if the same situation that destroyed the business district is permitted to be constructed again just as it was. Perhaps such important protections are irrelevant to some, but it will be a sad day indeed if such considerations are lost in an emotional appeal to actually convince the BZA to disregard safety and simply "Look the other Way."..?

If they [sic] rules don't apply to everyone ... equally ... then why should they apply to anyone at all?

The BZA public hearing on the LaFontaine properties (see FB page SipNTwirl) is not requesting the continuance of a pre-existing non-conforming use...but variances for 98.8% lot occupancy (50% permitted) and building exceeding 28.5 feet in height. A public hearing at 2PM will be held on Wednesday January 11, 2012 . Important issues beyond the emotional rhetoric still remain. There is simply no Code provision within the Brookhaven Great South Beach zoning code that permits a 100% lot occupancy rebuild of a previously built non-conforming structure where 75% or more has been destroyed by fire or natural disater [sic] ....Town Code permits rebuilding only permitting 50% lot occupancy for any FI non-conforming structure destroyed by fire. Federal Code FINS zoning standards at 36 CFR 28-10 thru 28-13 limit lot occupancy to 35%.

BZA Notice 11.
Danikki, PO Box 408, Sayville, NY Location: Northeast corner Fire Island Blvd. and Picketty Ruff Walk, Fire Island Pines. Applicant request front yard setback from both streets, minimum and total side yard, rear yard and height variances for proposed reconstruction of fire damaged commercial building, proposed 1st and 2nd story decks with stairs and roof overhang; also, permission to exceed the 50% lot occupancy permitted (98.8%). (200-986.4-2-22)

The Town Code at Chapter 85 Article 16-166 permits 50% lot occupancy, an increase of 15% above federal limits.
Continuation or change of nonconforming use.
(1) Any legal nonconforming use may be continued; provided, however, that a legal nonconforming use shall not be changed unless changed to a conforming use. A legal nonconforming use, if changed to a conforming use, may not thereafter by changed or returned to any nonconforming use.
(2) A legal nonconforming use if discontinued by virtue of fire, explosion, acts of God or other causes to the extent of not more than 75% of the total use shall not be deemed to have lost its legal nonconforming use status. Reconstruction and restoration of said use where discontinued to more than 75% of the total use shall be determined by the following guidelines:
(a) Those legal nonconforming uses established prior to July 1, 1963, shall be reconstructed in accordance with the building dimensions as stated in this article. Such legal nonconforming uses shall constitute developed improved property.
(b) Those legal nonconforming uses established subsequent to July 1, 1963, with the permission of the Town of Brookhaven, as evidenced by the acquisition of a valid variance from the Zoning Board of Appeals shall be reconstructed in accordance with the dimensions as stated in this article.
The present variance application seeks permission for an increase to virtually 100% ... allowing potentially the creation of the same circumstances and unsafe conditions that destroyed most of the commercial district in The Pines. To again permit nearly 100% lot occupancy may well put all of the district at risk once again. The original structure [sic], as well as the one next to it (the Pavillion also occupied 100% of its lots) was also destroyed entirely along with a nearby home that hot embers ignited.
Problem? Rules enacted to preserve and protect the National Seashore by both Congress and Brookhaven Town were drafted to eliminate such unsafe building practices should such an unforuntate [sic] event as a fire or hurricane ever occur. If approved the BZA will approve putting other property, visitors, residents and Fireman [sic] once again in harms [sic] way. Luck & timing prevented serious injuries or death ... why create another circumstance just waiting r[sic] fire to happen? Government's obligation is to protect everyone from a recurrance [sic] of a second and even worse tradegy[sic].
Despite, the fact that the Town Council via a walk-on Resolution passed at the 12/6/2011 Town Board meeting waived the required public hearing for site plan review; nonetheless saftey demands that such a review be public. Although, Town Code permits an administrative review for minor site plans by the Planning Commissioner under Planning Board rules certain limitations to such a waiver apply. Code sections 85-48 & 85-49 limit such waivers by the Town Board to minor site plans and prohibit any waiver for applications that require variances, special permits or a public hearing. Clearly, a Public Hearing is necessary to hear an application for variance deviation from fire saftey [sic] rules, town code requirements, special permits for building near wetlands or within harbors, or sites within Brookhaven's only National Park.
For those hoping to hold onto recent gains made in the Appellate Division recognizing the need for local BZA's to evaluate applications within the National Seashore by properly weighing NYS Town Law 267b factors ... this may turn out to be a disappointing turn of events. Finally, this BZA hearing may be the only opportunity for those charged with protecting the very rules enacted to preserve our National Park areas for future generations of visitors to do exactly that ..... no less important a safety issue exists either on the mainland or for the communities of our Great South Beach.

The email sent out by Sip ’n’ Twirl and Coastline, on January 9, says:

Please read the following letter from Sip n Twirl. We urge all of our customers and members of the community to show their support by sending in the attached letter before the January 11, 2012 hearing date. On January 11, the Brookhaven Board of Zoning Appeals (BZA) meets to consider the fast-track permitting that has been recommended by our elected officials, by FIPPOA [Fire Island Pines Property Owners Association], and by numerous members of our community. Permits are for the entire LaFountaine Building, home to seven businesses, all of which are important to the Pines community for the 2012 season.

A few individuals, together with ABCO (Affiliated Brookhaven Civic Organization), oppose this accelerated permit application and are misrepresenting the nature of the proposed project to support their position. A prominent posting on ABCO's public website claims that the project seeks an "increase to 100% lot occupancy." In fact, the proposed structure maintains the prior structure's footprint, floor sizes and lot coverage, and, in addition, within those constraints, plans to include updates to contemporary building structural codes, including ADA [American Disabilities Act] compliance.

The LaFountaines are simply asking to rebuild what was lost in the fire, which was a legal commercial building, with all current Town of Brookhaven Certificates of Occupancy. Attached is a letter that you may use to show your support for a rebuilding process that will allow the LaFountaine building, and all its tenants, to be operational for the 2012 season. Please download, complete, sign, and either scan and email to info@sipntwirl.com, or fax to 631.293.2574.

Please direct any questions to info@sipntwirl.com.
Thank you!

Brookhaven Board of Zoning Appeals
One Independence Hill
Farmingville, NY 11738
(631) 451-6477, phone
(631) 451-6926, fax
Date:
Subject: Our Fire Island Pines Community Needs the LaFountaine Building
Rebuilt, ASAP
To the Board:
I am writing to support the expedited permitting requested/recommended for the LaFountaine building, #36 Fire Island Boulevard, in Fire Island Pines, a matter being heard on January 11. Our community suffered a devastating loss, the night of November 14, 2011, and, given the seasonal nature of the
community business calendar, time is of the essence.
The LaFountaine "Danikki Building" is home to seven businesses, which are employers, taxpayers and community-serving businesses, all of which have strongly and consistently served our community and supported philanthropic activities, including the FIPPOA-benefit Pines Party, the Dancers Responding to AIDS-benefit Fire Island Dance Festival, and much more. In addition to our vibrant community, this building and its tenants service thousands of tourists every year. Lack of a place to do business for the 2012 season would irreparably harm these businesses, ensuring their disappearance from our community, as well as from local tax rolls. The building project, itself, will also employ numerous local small business contractors.
I have learned that there is opposition to this permit application and its accelerated/expedited permitting, by individuals and groups, including ABCO. ABCO is misrepresenting the nature of the proposed project to create support for its position. Currently, in a prominent location on ABCO's public website, is a claim that the project seeks an "increase to 100% lot occupancy." In fact, the proposed structure maintains the prior structure's footprint, floor sizes and lot coverage, and, in addition, within those constraints, plans to include updates to contemporary building structural
codes, including ADA compliance. The LaFountaines are simply asking to rebuild what was lost in the fire, which was a legal commercial building, with all current Town of Brookhaven Certificates of Occupancy.
I am a [ ] property owner [ ] renter member of the Fire Island Pines community, and have been for [ ] years. I support the fast-track permitting that will allow the LaFountaine "Danikki Building" to be completed in time for the 2012 season, to ensure that the affected businesses are not permanently lost to our community. I would like to see Fire Island Pines flourish in 2012, and beyond, which it cannot do without this important building and its tenants.
Sincerely,
Signature: _________________________________
Name: _________________________________________
Permanent Address: _________________________
FIP Address: _________________________________
eMail: _________________________________________
Phone: _________________________________________

Fire Island Q News urges support for the LaFountaines and Sip ’n’ Twirl’s plan to rebuild quickly and will watch for further developments in this story.