Beach Concession Approved Amid Residents’ Concerns
- Mamaroneck Observer
- 6 minutes ago
- 6 min read
by Meg Yergin -
A new food and bar concession on the beach with live music on the weekends has been approved for Harbor Island Park. At its January 26 meeting, the Board of Trustees (BOT) authorized the Village Manager to negotiate a license agreement for one season with The Mariner for a concession stand featuring entertainment on Thursdays through Sundays.
RFPs Tied to Increasing Village Revenue
Village Manager Kathleen Gill first suggested issuing two requests for proposals (RFPs) for the park at the BOT’s April 28, 2025 meeting - one for a concession stand to be operational by June 2026, and another for a permanent restaurant in the future. She explained they would be part of an effort to increase non-property tax revenue for the Village.
The BOT received and reviewed three vendor proposals. In its proposal, the Mariner group told the BOT that it has over 60 years combined experience in the food and beverage industry and manages four municipal concession contracts within public parks across Long Island and New York City.
The Mariner’s Presentation
At the BOT’s January 26 meeting, the Mariner team presented its plan to use two prefabricated shipping containers as a food stand and bar serving alcoholic drinks. Alcohol will be served after 5 pm to be consumed within the 300-foot area of the concession which will have a defined perimeter. See HERE.
The Mariner did not explain how it would manage wastewater or garbage and grease disposal. Gill said that the Village will provide water and electricity to the operation for which the Mariner will be billed.
Term Sheet
The term sheet offered by the Mariner would grant it a non-exclusive license to sell food and drink to the public in the park in return for a 5% of the gross receipts (7% of gross receipts for Village sponsored events). See HERE. The Mariner team estimates that the Village will receive $25K in its first year of operation with the share increasing to $75K annually by its fifth year, depending upon the number of days the business operates. The Mariner proposed to eventually operate 7 days a week serving breakfast, lunch and dinner in the future, but said it wants to start initially with a scaled down, phased-in approach.
BOT members did not ask Gill if the Village would be responsible for any upfront charges such as the cost of bringing utilities to this location. They also did not ask if the Village would be responsible for ongoing maintenance services such as garbage pickup or police presence.
Response to Presentation
Public comments from residents participating in the zoom meeting were mixed. A few residents expressed excitement about the opportunity for outdoor dining on the beach. Others were concerned about potential issues with selling alcohol in the park, how nightly musical performances would disturb adjacent neighborhoods, and the risk of litter and rodents. Others said it was a good concept but noted that many aspects of the project were vague and had not yet been vetted.
The Shore Acres Property Owners Association (SAPOA) sent a letter asking the BOT to turn down the project. The letter claims that the location and installation of the anchored modular containers violate the Village‘s Local Waterfront Revitalization Program (LWRP) and would cause excessive damage to the beach. SAPOA pointed out: “There is nothing that talks about what happens after one year if the Village or the Mariner decides they do not wish to continue. Who restores the beach and other alterations?” See HERE.
Is The Mariner Subject to Code Requirements?
Some residents asked if The Mariner would go through the same zoning review process as other food establishments. Gill told the BOT that the business must obtain all required State and County approvals, and an LWRP consistency review from the Harbor Coastal Zone Management Commission. But she did not mention any other local zoning approvals.
In a memo to the BOT (see HERE) regarding The Mariner, Village Attorney Steven Pambianchi referenced Code § 342-8 which states that uses on Village-owned property shall not be subject to requirements in Chapter 342 of the Code, so The Mariner does not need site plan approval from the Planning Board or a special use permit from the Zoning Board of Appeals.
However, Gill pointed out that a Code revision would be required to allow alcohol distribution and consumption in the park as it is currently prohibited. She did not say if that Code change would be for all parks in the Village or just Harbor Island.
There was also no explanation about how the business would be accessed after 6 pm when the beach normally closes and the entrance is locked for safety concerns when there is no lifeguard on duty.
Coastal Flood Zone Location
The Mariner’s proposed location is in an area at risk for high-velocity waves during flood events which FEMA designates as a VE Zone. The Village’s participation in the National Flood Insurance Program (NFIP) makes it mandatory for all permanent and temporary structures in VE Zones to meet or exceed FEMA regulations.
The NFIP requires that all new construction and substantial improvements in VE Zones be elevated on pilings and columns so that the lowest horizontal structural member of the lowest floor is elevated to or above the base flood level so waves can flow freely underneath the structure; and the pile or column foundation its attached to is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads. See HERE and HERE.
If the containers are not elevated the kitchen equipment and other items within them could be dangerous to the community during a flood event. Refrigerators can release oils and harmful refrigerants into floodwaters; and FEMA and fire codes treat fuel-containing appliances in flood-prone areas as high-risk installations.
Temporary Containers Anchored to Pile Anchors
At the January 26 meeting, The Mariner group stated that this is the first time they would be using prefabricated storage containers.
Mariner group member Jason Janawsky described the team’s plan to drive helical piles into the sand, then place a compressed gravel pad on the ground along with the containers which would be anchored to the piles. The Mariner’s principals claim this plan meets NYS Building Code standards. Janawsky also said that Jeff Ahne, the Village’s General Foreman of Parks, is comfortable with the plan. But it does not appear that a licensed architect or engineer authorized by FEMA to certify projects’ flood zone compliance has approved this design.
Village Claims Elevation Requirements Don’t Apply
In his memo to the BOT, Attorney Pambianchi argues that flood zone elevation requirements don’t pertain to The Mariner because FEMA’s definition of a structure doesn’t apply to the re-designed containers that will be used as a kitchen and a serving bar. He said, “most would not consider these buildings.” See HERE.
Pambianchi’s memo does not address the fact that NFIP’s regulations state that all new construction and substantial improvements in VE Zones must be elevated on pilings and columns above base flood elevation. It does not single out buildings. The memo also doesn’t mention whether or not The Mariner requires an approved Flood Plain Development Permit. Under Chapter 186 of the Code:
A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 186-3B, without a valid floodplain development permit.
It is unclear why the Village would want to sidestep FEMA and Code requirements for new development in flood zones which are intended to ensure the safety of residents, regardless of the Village attorney’s legal opinion that they don’t have to comply.
In his memo, Pambianchi also mentions that the Marine Recreation Center, bait shop and bubbles installed over the tennis courts in the winter are in the park, but does not explain if their flood zone compliance was ever reviewed or approved.
BOT Approves Resolution
Before voting, none of the BOT members asked for a risk assessment for the project or an estimate of costs that the Village would be responsible for. In response to questions raised during public comments about the container anchoring system, Gill said "I'm happy to have an engineer look at it and make any comments or adjustments that may be needed." See Resolution HERE.
BOT members expressed their confidence in Gill and the fact that The Mariner team said they wanted to work with the Village and would be flexible about operating requirements regarding music and the distribution of alcohol.
BOT Member Ellen Silver said she was in favor of the resolution because, although she is a risk-adverse person, she considers this a single season pilot. “We have no obligation to go another season” if it doesn’t work out.
The BOT voted 4:1 to approve the resolution with Trustee Nora Lucas voting no.