Children walk on the boardwalk in question that has encroached on a homeowner’s property.

Crossover detour

Story By: RICK CHALIFOUX
8/17/2017

FIRE ISLAND—A Kismet homeowner has submitted a formal complaint to the U.S. Army Corps of Engineers regarding a recently constructed dune crossover boardwalk in association with the American Disabilities Act on Oak Walk in the Fire Island community. Islip resident George Tashie – whose family owns the home located at 33 Oak Walk – claims that the handicap-access walkway completed this past May has left significant negative impacts in its wake, including safety, privacy, restricted access, increased living costs and diminished property values.

Regarding access to the home, Tashie stated that a ramp was built along the property’s entire road-front access beyond the home’s northern property line – completely blocking standard entry and exit.

“Once the ramp was completed, access could only be gained by walking through the neighboring property,” wrote Tashie in a letter written to the Army Corps. “The neighbors do not want to have a path cut across their property every time my family decides to enter or leave our own property. It has become a nuisance to them, but we have no other way in or out.”

In addition, diminished access to his property has created obstacles for garbage pickup – resulting in increased costs for service – as well as the elimination of all sidewalks from the front of the home. The latter would also affect taxes since the district taxes the home based on frontage of sidewalk access.

Another issue is a loss of privacy associated with the walkway’s close proximity to the home and switchback elements of the crossover’s design – one on the dune’s northern toe and another on the southern toe.

“The northeastern switchback sits less than 19 feet from our decking and its lowest elevation is higher than the closest point of our home,” said Tashie. “The highest elevation is significantly close to the elevation of our highest decking.

“This has become a privacy concern,” he added. “Privacy has been indiscriminately taken away from us as access along the entire walkway not only steers people directly toward the home, but also provides an unobstructed view into the home.” 

The most prominent concern cited by Tashie is testimony from the Kismet Fire Department that the safety of those inside the home, as well as the structure itself, is in a compromised position for emergency service vehicles, which have no direct access.

“We don’t understand how an ADA-compliant structure built to provide equal access to all citizens can [be] indiscriminately prejudiced against one family’s safety and well-being,” said Tashie.

Tashie also asserted that the design and construction phase of the crossover was “rushed through very quickly” and was marred by miscommunication between the NYS Department of Environmental Conservation and the Erosion Control District.

“There was a lot of finger-pointing,” he said. “[Each party] used the word ‘mistake’ to describe the final outcome….Again, [I’ve been] left without answers or assistance.

“The speed at which the prior walkover was removed and the ADA crossover constructed left little time to assess or discuss these concerns,” he added.

Looking ahead, Tashie is requesting the Army Corps to conduct a formal review of the project and assess possible solutions. He notes that there are two other locations in Kismet that could be utilized for an ADA ramp without impacting a residence to such a high degree. On East Lighthouse – located one walkway west of Oak Walk – there exists a “significant” natural buffer on the southern toe of the dune in a manner that would not negatively impact the closest home. Another potential location would be on Seabay Walk, which has a “significant” amount of public land and would also not impact any homeowners.

A formal response to Tashie’s claims was submitted by James D’Ambrosio, U.S. Army Corps public affairs specialist.

“The local community (Kismet), in consultation with the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Army Corps of Engineers (USACE), agreed to the placement of the Americans With Disabilities Act (ADA) crossover in its current location,” said D’Ambrosio. “By law, the ADA requires beach access for individuals with disabilities. A Corps of Engineers employee recently visited the site and reports no issues with the structure, [and] the community, as a whole, is pleased with the project.

“The project did not require an easement for Mr. Tashie’s property because the crossover’s right-of-way was within limits for Oak Walk Street,” continued D’Ambrosio. “Further, no sand was placed on the property at 33 Oak Walk and the landward side of the dune does not impact his property. The Corps of Engineers, NYSDEC and Suffolk County have reached out to Mr. Tashie regarding the tie-in to create a seamless entry from his property to the crossover, but we have not received a response.”

Ultimately, Tashie stated that he is looking to create an open dialogue among all involved parties to remediate the current problems and fix the outstanding issues.

“As owners of this home for more than 30 years, we are not objecting to handicap access – in fact, we are fully supportive of such an effort,” he said. “Yet, we’re extremely disappointed that none of our concerns were addressed before, during, or after the project.

“Property rights have been taken away by one or more governmental agency without due process or remuneration,” continued Tashie. “In its simplest form, there has been a devaluation of the property due to taking away direct access from a public street. The existence of this ramp will become a valuation issue if not properly addressed.”