After receiving questions and concerns from the public about a flyboarding business that was given the green light by the Greenport planning board in early May, a public hearing took place last night at the 3rd Street Firehouse.
Shaka Flyboarding Ltd. is located on the dock at Preston’s Marina in Greenport and opened last weekend. No prior public hearing was held, and the business has been in operation since opening.
The public hearing was convened to accept public comments on the application submitted by Carrick, on behalf of Shaka Flyboard, which received conditional approval by the planning board in May.
The planning board said the hearing was held after correspondence from Southold Town agencies was received after the conditional approval was granted. In addition, the planning board said, for the purposes of environmental review, it was not yet determined if the operation of a flyboarding business was a Type II action based on the location within the village’s waterfront commercial district, so additional opportunity for public comment and review was given last night.
According to the New York State Department of Conservation, Type II actions are found to have no significant adverse impacts on the environment.
Carrick came before the board last night; planning board chair Devin McMahon said since the hearing was scheduled, the board has received clarification from the Coast Guard regarding “their concerns” about water jet devices.
The business, McMahon said, is classified as a passenger for hire situation. Planning board member Pat Mundus said a jet ski is used for flyboarding, and a jet ski is considered a personal watercraft, with the same rights and privileges as any powerboat.
The board asked Carrick if he had proper licensing and safety standards; planning board member Pat Mundus said the Coast Guard would not have given Carrick the okay to operate without proper licensing and approvals and it was not the “business of the planning board” to weigh in on such issues.
Attorney William Moore appeared with Carrick. “Why we’re back here and subjecting him to this, I’m not sure,” he said, adding that Carrick has received the okay from Southold Town Police Chief Martin Flatley, the harbormaster, the bay constable, and the Coast Guard.
McMahon said he agreed the application should be Type II, but had been deemed an unlicensed negative declaration, or one requiring further environmental review, in the initial resolution passed.
“It just troubles me that we’re back here, defending ourselves,” Moore said.
McMahon said under a Type II action, the planning board takes on lead agency status and makes final determinations, with no additional review required.
The application was granted conditional approval so that the business could be reviewed on a monthly basis, Village Attorney Joe Prokop said. “Relevant information” from the Town of Southold came in the day after the board voted to grant that conditional approval; that’s why the public hearing was scheduled, he said.
When asked about a Coast Guard document, Carrick said he was “already adhering” to all that was required.
“I thought we were comfortable with this from the beginning,” Carrick said. “I would like this to be a complete approval so we don’t have to come back here.”
Planning board member Peter Jacquet asked why the approval was only conditional. “What’s the hang up?” he asked.
Initially, McMahon said, the village hadn’t heard back from the harbormaster and other agencies, and the “newness and novelty” of the application lent itself to monthly review.
Mundus reminded that the harbormaster, Coast Guard and bay constable had given the business the thumb’s up. “Legally, how can you discriminate against his jet ski, which is considered legal, when there are 300 others zipping around doing the same thing? You can’t discriminate against one vehicle. If we allow jet skis, we allow jet skis.”
Other questions were raised involving two-way communication on the vessel; Carrick said he speaks to his passengers and also briefs them upon arrival upon instruction and safety procedures.
“We do have a responsibility for the protection of Greenport,” planning board member Ben Burns said, adding he had concerns about whether the village might be held liable in the event of an injury.
Carrick said he was asked to include Greenport on his insurance so all liability rests with him; his policy amount is $1 million aggregate and $2 million total, just like “what was requested,” he said.
While his policy covers bodily injury, Carrick said, “I’ve never heard of an injury from flyboarding to date.”
Copies of his insurance policy were provided to the board at the beginning of the process, he said.
Taking to the podium, Kevin Carrick, Carrick’s father, said, “I’ve watched Brian do this thing from the beginning. He’s been very proactive, doing his best to satisfy this board’s needs and everyone else’s. It seems to me people are trying to find things to rain on his parade. He’s got a lot of hard-earned money and effort tied into this and he’s trying to do the right thing. He’s trying to build a business, not trying to be a bum on a street corner. He’s trying to do something with his life. I’m asking you to let common sense prevail and do the right thing.”
The board said since Carrick is operating under a permitted use in village code, they saw no need to rescind any approval but would keep the matter as an agenda item for review next month.
Carrick was also asked to submit a short form environmental impact from by the next meeting.
How flyboarding works
Carrick has told SoutholdLOCAL that flyboarding, a sport invented in 2011 by French jet ski racer Franky Zapata, “takes the water exiting the jet ski jet and redirects it into a 40-60 ft long hose, where the water exits a ‘Y’ pipe on the other end. The pressure of the water gives enough propulsion to lift a 300 lb. person out of the water, allowing them to fly around like Iron Man. From there, anything is possible.”
Experienced flyboarders can attain heights of 40 feet, while newcomers to the sport typically ‘fly’ about 10 feet in the air, controlled by the operator of the jet pump.
At at an earlier planning board meeting, members of the community had questions about what flyboarding entailed.
Planning board member Chris Dowling said, at the time, that flyboarding is not new and participants all over the world enjoy the activity.
Some residents asked about the location of the business; a map posted online about the proposed parameters of where the business would operate raised some questions. Some asked about possible injuries.
Zoning board of appeals chair Doug Moore had questions about the location of the business and said there was a lot of traffic in and out of Stirling Harbor and near Claudio’s.
Dowling said Carrick was clear of the traffic lane.
At the previous meeting, Moore asked what information, if any, could make the planning board change its mind about the approval for the business, which was granted with the condition that it be reviewed monthly by the board.
McMahon said effects on the environment and to others in the area would all be taken into consideration.
Village resident Arthur Tasker said the village board has jurisdiction over anything taking place within 1,500 feet of village properties and had the ability “to regulate all kinds of water activities, and anything going on in the water. This has nothing to do with the planning board,” he said.
McMahon said that is why the planning board deferred to other agencies.
At a recent Southold Town board work session, John Bredemeyer, president of the board of trustees, discussed the issue of flyboarding.
“Currently, water skiing is prohibited in creeks and within 300 feet of the shoreline,” Southold Town Supervisor Scott Russell said. “If this sport is determined to be a form of water skiing then, the prohibition already exists and would be outside the jurisdiction of the trustees.”
Bredemeyer said flyboarding has no place in town creeks and would have to be “put under the microscope by the town. It’s not suitable for shallow waters.”
At yesterday’s meeting, McMahon agreed and said that’s why the issue sparked concerns in Riverhead and neighboring municipalities but said the shallow water concern had no bearing in Greenport harbor.
Bredemeyer said the town is working with Greenport because if the activity moved outside village boundaries to town waters, there would need to be discussion about environmental impacts.
“It needs to be the right place at the right time,” Bredemeyer said.
Carrick, 27, born and raised in Riverhead, received approval from the Greenport Village planning board in May to move forward with his proposal to make a splash with the sport on the waterfront.
Starting tomorrow, the business will be open on Friday, Saturday and Sunday from 8 a.m. to 4 p.m. During the week, Carrick works at Peconic Bay Medical Center as a radiologic technologist.
Greenport, a tourist hub in the summer, is the ideal location for those looking to flyboard, Carrick said. “Greenport is known for its small town feel, shopping on Main Street, and its harbor. By bringing the flyboard to the East End of Long Island, Shaka Flyboarding can add their chapter to the flyboard story.”
Carrick believes flyboarding will provide a unique experience for tourists and locals alike and also prove a boon to the local economy.
In Riverhead, James Bissett IV launched Flyboard LI, the only flyboarding business on Long Island, but when Riverhead Town adopted regulations forcing him out of town waters and into the bay in November, Bissett took his operation out of town, saying that he believed flyboarding in the same waters as high-speed boat traffic posed dangers not seen in the cove downtown.
No state regulations exist to govern the sport.
“It’s a new, extreme sport,” planning board member Dowling said, adding that Carrick had “all his ducks in a row” and insurance in place. “There was no reason why we couldn’t pass it,” Dowling said. The use, boating instruction, fits into the waterfront commercial zoning district. As for safety, Dowling said the operator is in control of the flyboard while someone, even a first timer, is onboard, and can “cut the power” if he feels a dangerous situation has arisen.
“I’m glad it came to Greenport. We’re a maritime village, the more activities on the water, the better,” Dowling said.
For Carrick, a licensed skydiver, scuba diver, motorcyclist, surfer, boater, world traveler and now flyboarder, “Safety has been drilled into my head in everything that I have done, so not only is it second nature to me now, but with owning a business that entails a liability issue, safety is something that I won’t be able to preach enough,” he said.
In addition, he holds a New York State boating license and a state Power Squadron Boat Smart certificate, both with A PWC endorsement; he is CPR and first aid certified, as well as a certified flyboard instructor. All participants are required to wear a USCG approved Type I, II, or III life vest and a wakeboard and/or USCG approved helmet; it’s recommended that participants also wear a wetsuit provided by Shaka Flyboarding.
Carrick said he has also spoken with the Southold bay constable, who advised him that as long as he remains 300 feet from the shore and does not create a wake, he is within his limits.
“Shaka represents the meaning of being laid back, having a good time and enjoying life, much like how the residents of Greenport live their lives. I look forward to bringing a new flavor to Greenport,” Carrick said.
