HomeMy WebLinkAboutHarbor Management Plan
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MARCH 4, 1997
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22.-Moved by Justice Evans, seconded by Councilwoman Oliva, It was
RESOLVED that the 'Town Board of the Town of Southold hereby adopt.s
the. Fishers Island Harbor Management Plan, dated February 28, 1997,
prepared for the Town of Southold by The Fishers Island Harbor
Committee. Said plan Is as follows:
. FISIIERS ISLA"m
HARBOR. MANAGEMENT PLAN
. Prepared for the Town of Southold by:
THE FISHERS ISLAND HARBOR COMMITTEE
FEBRUARY 28, 1997
Fishers Island Is an Isolated hamlet at the northeMternmost reaches of the Town of Southold In Long
Island Sound. Fishers bland residents seek to preserve the aesthetic beauty. ensure the environmental
health, maintain the character and Infrastructure, and enhance the Island's economic viability. Fishers
Island Is a residential ~ommunlty with virtually no provision for tourism. 1111s fact combined with New
York State's formal recognition that Fishers Island Is surrounded by the highest quality marine waters
In the Long Island Sound and hosl. various rare habitats sets the stage for Ille preparation of this
document.
In harmony with the goals of the Town of Southold. Fishers Island's social and economic well-being and
the general welfare of the people of Fishers Island are critically dependent upon Ille preservalion,
protection, and judicious use of the natural and man-made resource.. of the Island's surrounding waters
and shoreline area. .
In response to and In anticipation of tho Increased pressures for IISO of the Island's cORStalland and water
resources, the Importance of long range planning, to maintain and guide tho future use and development
of the Island's limited and sensitive resource., has been recognized, Some of the most Important planning
Issues on the Island relate to the use and management of the harbors and waters snrroundlng Fishers
Island.
The most significant harbor management issues on ..ishers Island occur in Westllarbor. The sometimes
divergent Interests of recreational boaters, marinas and shellfish producers all converge wllllln a harbor
that Is becoming Increasingly congested with boat traffic. 111e main concern Is with the quantity, location
and availability of moorings, particularly for Island residents, the quantity and location of anchored boats,
the protection of the navigation channel, the layout of in-water structures, the extent of provision for
transient boaters, and the effects of boating activity and upland uses on both water qnality and the
Important shellfish resources of the harbor.
Other significant harbor management issues on ..ishers Island include minimizing the Impacts of harbor
uses on the adjacent shorefront residential uses; the improvement and protection of water quality,
navigational access to and the layout of in-water struclur,,-, in Hay Harbor; 1l1e protection of the ferry
access and water quality in Silver Eel Pond; and the protection of localized surface water uses, such as
the Navy facility and the recreational use.. at the beaches, in the waters surrounding Fishers Island and
the Impacts of moorings along the north shore and anchoring in East Harbor and the impacts of this
activity on water quality, shellfish resources and hahitats. .
In resp.onse to the Increasing cougestion and competition for the use of the waters of Fishers Island. Ille
Town of Southold appointed a 16 member Fishers Island Harbor Committee. Established in May 1994,
they were charged with drnnlng a harhor management plan for all Ihe Town waters surrounding Fishers
Island.
The preparation of the harbor management plnn will help address and mitigate any confilcts among
compethig water uses and lend to the efficient use of the walers, shorelines and natural re.'ourCe.~ of
'Flshers Island. ^ harpor mnnagement plan addresses conOict, congestion and competition for space In
the use of a community's surface waters and underwater land. It provides for the management and
regulation of boat traffic, general harbor use, C'Plimum location and number of boat support structures,
such as docks, piers, moorings, pumpout facilities, special anchornge areM, and Identification of local
and federal navigation channels. It also provides the opportunity to Identify various alternatives for
optimum use of the waterfront Rnd adjacent water surface, while at the same time analyzing the probable
environmental effects of these alternatives.
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MARCH 4, 1997
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The Commluee established the following goals and guidelines for harbor management planning for the
waters surrounding Fishers Island. 111e Fishers Island Harbor CommlUee shall strive to:
Ensure balance among existing use.~ of the Island's surrounding waters and harbors.
Protect and maintain the shorefront character, heritage, and existing quality of life.
Promote and support access to the Island's surrounding waters and other resources in the
shoreline area for all Island residents.
Provide for multiple uses of the Island's surrounding waters and harbors in a manner 01at
assllres safe, orderly and optimum use of Ole water and shorefront resources.
Maintain the chemical, physical and biological integrity of lhe Island's surrounding,
walers and harbors and their dependent habitats.
In response to Olese goals and issues, lhe nshers Island Harbor Commillee has prepared the Fishers,
Island Harbor Management Plan. 11lls Plan includes proposed amendmenls to the code of Ole Town of
SouOlold to Implement and enforce the IIarbor Managemenl Plan. The proposed Harbor Management
Plan for Fishers Island, the resulting water uses and amendments to the Town code will be Integrated
wlOlin Ole Town of Southold Harbor Management Plan as part of the Town of Southold LWRP.
The need for A Fishers Island Harbor ConlJnillee:
As Ole uses of harbors and waters surrounding Fishers Island increase and diversify, the need for clearly
defined and communicated rules and regulations Is e<,enllal 10 avoid and medlale connicl.
In Ole past on Fishers Island, there have been Sonlhold Town !Jay Constables appointed on an annllal
basis to enforce SouOlOld Town Code as It relates to Fishers Island waters. In some cases, the Town
Code does not address specific harbor Issues that occur on Fishers Island.
For these reasons, a Fishers Island lIarbor Management Committee shall he established to develop and
recommend policies for the management of the waters surrounding Plshers Island to the Southold Town
Board and other bodies with jurisdiction over such waters. The Committee shall strive to ensure balance
among existing uses .of Fishers Island waters.
The Committee shall act In an advisory capacity to the Southold Town Board. Members may be
appointed by the Town Board so as to adequately repro.sent a wide range of groupS using and Interested
In Fishers Island waters, drawing members to Ihe extent reasonably possible from the groupS listed In
Appendix C. Each member of the Commillee shall have aile vote. The Committee may revise the list
of groups listed In Appendix C from time to time.
Committee members shall serve for a lerm of five years. except that the initial members shall serve
staggered terms of one, two, three, four and five yMrs as appointed by the Town Board. At Ole
expiration of each members' original term, the successors shall be appointed for a term of 5 years.
The Town Board may remove any member of the Commillee for cause. 111e Commlllee may recommend
to Ule Town Board a list of suitable candidates to fill the vacancy.
The Committee shall meet at least two time.s a year prior to and after Ole boating season In AprllfMay
and SeptemberfOctober. Notice of the.se meetings shall be mailed to Individual Committee members,
shall be posted on Ole Post Office bulletin board and shall be provided to the SouOlold Town Clerk ten
(10) days In advance of the meeting. Meeting agendas shall follow Robert's Rules of Order. Minutes
of Olese meetings shall be available at the rishers Island Library and forwarded to the Southold Town
Clerk. A chair shall be elected at the post-boating season meeting each year.
1I11111elllenlAtloII And enforcement:
. 11le Town Board may incorporate the reeommendalions of the Fishers Island lIarbor Committee Into Ole
Town Code. In order to ensure a safe a",!' positive experience ror all users of Fishers Island waters, It
Is Important to establish clear conllnunicallon of and consislent enforcement of the Town Cod,e as It
applies to Fishers Island waters. The Town Board shall annually appoint one or more Fishers bland Day
Constables, each to serve for one year, after advertising, frol11 a list which may Include candidates
submitted by the Committee. 111e !Jay Constahles shall enforce Ole Town Code and other laws and
ordinances applicable to Fishers Island walers,
The Fishers Island Bay Constables shall monitor Ole stalus of boats In Fishers Island waters and be
available to Incoming vessels to provide guidance on amenities, moorings, and anchorages to vessel
operators and provide advice on the Town Code as It applies to Fishers Island waters. The Bay
Constables shall also collect fees and maintain records of all moorings and other permits issued in
accordance with the Town Code, including such information about permits, vessels and locations as may
be pertinent Olereto, and shall make reports on permits, violations and other matters to the Committee
as It may reasonably request.
MARCH 4, 1997
391
Each person using Plshers Island waters assumes all risks Ihereof and no use shall create Iiahility on the
part of the Bay Constable, the Town of Southold or the Committee.
Covering Cosls:
111e Committee will Incur costs associated with ndministr.rlng and implementing management policies
recommended to and adopted by the Town Board. The Committee shall prepare a budget to be submllted
to the Town during Its budget formulation process. The Committee shall calculate the past year's
expenses and estimate the CoslS of specific project ideas for the coming year when formulating a budget
to be presented to the Town,
The Committee shall from time to time, recommend for adoption by the Town Board, a fee schedule for
permits required for activities In Plshers Island waters. The fees shall be collected by the Fishers Island
Bay Constable and deposited into the Town's general fund.
Eslohllshlng General Uses and ltesldcllons:
The Town Board shall provide for the existing multiple uses of Pishers Island waters In a manner that
assures safe, orderly, and optimum use of the waters and shorefront resources. The Committee shall be
responsible for recommending to the Town Board designations of restricted use areas (such as aquaculture
sites, no jetskllng areas) in Fishers Island waters on an as needed basis (Included In Appendix A), In
many cases, the Town Code speclfically addresses partlculnr uses. 'l1,e uses outlined below are of
particular concern to Islanders and recommendations on how to address the.se uses are made.
Access:
Plshers Island is a quiet residential community that possesses outstanding natural resources and little In
the wily of amenities and what are typically considered tourist attractions, Visiting boateu who wish to
go ashore can do so from West Harbor or Sliver Eel Pond, '111 ere are several private and semi-private
beaches on the Island which are frequently enjoyed hy visitors. Shorefront property owners seem
particularly tolerant of U,ese visitors, e.speclally when lhe visitors do not slray beyond mean high tide
lines and leave behind no trace of their visit.
.Islanders are afforded ample access to the shorefront. There is one large public beach at the southwest
end of the Island, several semi-private beaches along Ihe southeast side of the Island and one on the
northwest end ofU,e Island. The area belonging to the Fishers Island Ferry District on the SOUU,west end
of the Island Is heavily used by anglers AS is Silver Eel Pond. TIlere Is a public boat ramp In Inner West
Harbor. Many shorefront property owners allow Island anglers to cross to the shore. There are two
public marinas (one with eight slips and a deli) Oil West Harbor and anoU,er marina at Inner West
Harbor.
Spud and Wake:
No vessel shall create a wake U,at distmbs or damages any persons or property. No vessel shall be
operated at a speed of more than 5 miles per hour within 300 feet of any shore, pier, anchor or moored
vessel, launching ramp, marina, sailboat race or other congested area.
..
Water-skiing:
There are few areas In Fishers Island walers where conditions regularly accommodate water-skiers wIth
the exception of the almost totally enclosed Hay Harhor. Because It is a long standing and popular
pastime, water-skiing has been per mIlled in Hay Harhor with exceptions to speed and wake regulations.
Allowable times and ski patterns were estahllshed to maximize safely and consider aesthetics for
surrounding property owners. '11lese reslrictions are currently outlined In the Town Code.
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Shdljlshlllg:
'(bere Is concern among Islanders about out of stale visitors harvesting shellfish from Fishers Island
waters both In and out of seasons defined by the New York Department of Environmental Conservation
(DEC). Bay Constables will monitor shellnshing activilies. enforce the DEC seasons, and check permits.
Other Natural Rtsourcts:
In order to protect and maintain the superior environmenlal qunlity of lhe shoreline, permits shall be
required from the Town of Southolrl and other agencies wilh jurisdiction for removal of sand, gravel.
beach rock, or other materials from lands adjacent to Fishers Island waters.
Piers and Dulkl1tads:
In order to ensure safe navigation, monitor environmental impacts, consider Impacts on shorefront
property owners and maintain the quality and character of the shorefront, permits for piers, bulkheads,
docks, additions to these, or any other fixed objects in Fishers Islaild walers, shall be required from
Southold Town and other agencies with jurisdiction. Owners of fixed slructures In Fishers Island waters
shall maintain such structures at a level so lIS not 10 cause hazards to navigation and damage to persons
or property,
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MARCH 4, 1997
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Allchor/llg:
Safe anchorages shall be provided for visiting vessels that do not Interfere wilh moorings, channels, other
areas designated for particular uses or community character. For safety reasons, no anchoring shall be
allowed In Sliver Eel Pond, site of the Fishers Island ferry pier and US Coast Guard Station. In order
to Improve or maintain water quality and avoid interference with mooring fields and channels, no
anchoring Is allowed In Inner We.~t Hnrbor. Wnter qnnllty considerations are the bMls for no overnight
anchoring In Hay Harbor. As Is stnted In Town Code, no vessel shnll nnchor anywhere for longer than
three consecutive nights.
Moorlllgs:
In the Interests of vessel safety, environmental protection, and the optimum use of available space, all
moorings in Fishers Island waters shall reqnire a permit issued by the Bay Constable.
The location of all moorings shall be determined by the Committee and be shown on a Mooring Plan for
Fishers Island waters (as shown in Appendix A). '11m Committee shall consider the size and class of
vessel, whether the mooring will be used for vessel storage or living aboard, and Impacts on shore front
property owners while' developing the Mooring Plan and assigning mooring locations. The Mooring Plan
shall show both designated mooring fields and locations of moorings that are not In the designated
mooring fields. As a matter of courtesy, adjacent shorefront property owners shall be notified of and
heard on applications for moorings not located within a designated mooring field.
In order to Improve and maintain water quality in West Harhor and monitor vessels as potential source.~
of pollution, the mooring field to the west of Goose Island O,"nnel 'shall be used prlmRrlly for storage
of vessels, while the mooring field to the east of Goose Island Channel shall be used primarily to moor
live-aboard vessels.
Tramlellt Moorlllgs:
For reciprocity with oUler harbors and in an effort to extend hospitality, some provision shall be made
for visiting vessels seeking a mooring in Fishers Island waters, in addition to the established anchorage
areas. To this end, a number of moorings shall be made available for transient boats and be 10CRted
within the east mooring field at West Harbor In a way that does not Impair water quality. The transient
moorings wl\1 be made available for a boating season to nn appropriate local management agent on
payment of the mooring permit fee. Transient moorings will be distinctly marked and use of Ule
moorings wl\1 be a,'ailable from the local management agent.
Special Uses of Private Moorlllgs:
All permit holders (whether having moorings in or out of a designated mooring field) with a vacant
mooring shall be permitted to allow guest me of their moorings as long as the mooring tackle and
mooring circle can safely accommodate the gllest vessel. However, for reasons stated earlier, unless the
mooring Is located In the east mooring field at West Harbor, the guest shall not live aboard during the
visit. For purposes of-tracking visitor uses and Msociated impacts of Pishers Island waters; guests shall
be registered by the permit holder with the Ilay Constable.
Raftlllg:
Unsafe rafting of ve.,sels can pose serlom threats to properly and persons and adversely Impact shorefront
property owners. Ranlng shall not Interfere with navigation, nelgbborlng moorhigs or lawfully anchored
vessels. Weather permitting, up to three vessels may raft on a single mooring In the daytime and two
overnight. Rafted vessels must be attended.
Ovemlgllt use af a vesul:
Impacts on water quality and community character are the primary reasons to regulate use of vessels as
abodes, whether docked, moored, or anchored. Overnight use of a vessel shall be allowed for three
consecutive nights In any 14 day period, only In on aren deslgllated for live-aboard use. However, the
Town Board may give Ule Committee power to grnnt temporary exceptions to the length of stay,
considering the location of Ole vessel, overboard dischorges associated with the vessel, and reasons for
the req1lest for an exception.
Sallltatloll:
To maintain the superior qllality of Pishers Islalld wnters and shores for Ole benefit of all users, no
untreated or Insurnclently treated sewage, no rcfllse, no wnste matter, no petroleum product or byproduct,
no paint or varnish, no dead animal or debris shall be discharged into Plshers Island waters or adjacent
shores.
MARCH 4, 1997
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Nolst:
In consideration of shorefront property owners, people aboard vessels in anchorages and mooring fields
with Iive-aboards, vessel engine noise sholl be sufficiently mumed in such a way that it does not interfere
with a reasonable man. Parties and pets ahoard visiting vessels sholl not disturb shorefront property
owners or people aboard other vessels.
More About Moorings:
FeCI:
An administrative fee for on annual mooring permit sholl be set by Town Boord re.solutlon. 11te lIarbor
Committee shall recommend the amount of this requisite fee on on Rnnuol basis (Appendix D).
Appllca/lons:
The process for soliciting and reviewing mooring permit applications sholl be os follows:
Mooring permit applications will be mode available by the Bay Constable in J onuRry of each year.
Completed mooring permit npplicotions nnd the requisite fee shnll be returned to the Boy
Constable by March 31 of ench yenr. Prior to the boating season, the Committee will meet to
review mooring permit npllllcRtlons nnd make mooring location nsslgnments In RccordRnce with
the Mooring Plan for Fishers IslRnd waters. Following this meeting, the BRY Constable will mall
annual mooring stickers nnd details of the mooring locntlon to approved applicants and refund
the requisite fee to unsuccessful applicants.
For reference purposes during Bay Constahle patrols of mooring areas, each mooring application sholl
contain information about the applicant (address and phone), the ve.ssel, and the type of mooring tackle.
In order for Bay Constables to monitor the type and condition of tackle for safety purposes, mooring
Inspection forms (available from the Bay Constable) shall accompany the mooring application. 11le
mooring inspection form shall indicate a visual inspection of tackle performed anytime within the
preceding year.
Applications for a mooring permit will he publicly heard at a duly noticed Committee meeting. The
applicant shall have the right to attend and speak.
Any amendments proposed to existing mooring permits will require an application for a new mooring
permit.
Waiting list:
If no moorings or spaces for moorings ore nvailable to accommodate an application, the applicant's fee
shall be refunded and the applicant's nome sholl be put on a waiting list In the order of time of
completion of the application. Applicants on the waiting list sholl reapply each year to maintain position
on U,e waiting lis!.
Mooring Maintenance: :
In order to provide for Ule safety of persons and property, the CommiUee sholl recommend to the Town
Board mooring tackle specifications for use in the waters snrrounding Fishers Island. 'I11e Town Boord
may establish recommended minimum mooring tackle specifications (shown in Appendix B). Bay
Constables shall perform random tackle inspections to ensure proper condition of tackle.
Moorings failing an Inspection, or missing a buoy, or otherwise defective or unsafe sholl not be used until
the condition is corrected. If unsafe conditions persist, or the mooring is abandoned, the Boy Constable
shall report the details to the Harbor Committee and the Tow II Bonrd. The Bay Constable may order the
tackle lifted and removed. In Ule event that the owner foils to remove Ute tackle within \0 business days.
the Town may cause U,e tackle to be lifted and removed. The expense of such removal shall constitute
a lien and a charge on the property of the owner until paid, and shall be collected in the same manner
and at the same time as oU,er Town chnrges.
for Bay Constable patrolling purposes, when the mooring permit is issued and Ute mooring is placed,
Ule permit holder shall mark the Ooat with the appropriate Identifying characters.
Unsafe Conditions:
The Bay Constable shall be able to order the correction of conditions he deems unsafe or a ha7.Rrd to
persons or property.
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MARCH 4, 1997
APPENDICF..5
Appendix A:
Appendix B:
Appendix C:
Appendix D:
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Waler Use Plan - West "arbor. Fishers Islond
Recommended minimum mooring tnckle .peclficntlon.
. Groups Intere.~led In (,I.he.. 1.ln",\ I1nrbor m:.nogement
Mooring fees
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MARCH 4, 1997
395
Appendix B
Recommended Minimum Standards for Single Point Mooring
In an crfortto improve the safety of moored vessels inlslnnd harbors, the Fishers Island
Harbor Committee recommends the following:
I) The Committee recommends that all surface and "reachable" portions of mooring tackle
be inspected once a year and that a diver inspect all tackle components once every two
years. The Bay Constable will perforrn random inspections of mooring tackle as a way to
monltClr the luceellll Clf thillelf.cClmplianec process, to determine if tackle is being
maintained in a safe condition.
2) The Committee recommends the minimum standards for single point moorings outlined
below. Il is reeogni7..ed that these standards are conservative and presently (1/97), would
require many owners to upgrade their tackle. CarefullllQnitoring of the condition of tackle
and upgrading tackle as it needs 10 be replaced will go a long way toward making the
harbors safer for all boat owners.
Vessel Vessel Mushroolll IJOttOIll Top I)ennant
Length Weight Weight Chnln Chain Nylon 3 slr'and
12- 26' Up to 2 tons 150lbs 1/1" 3/8" Single SIR"
18-32' Up 106 tons 300lbs SIR" 3/R" Single 3/4"
25-42' 6 to 10 Ions 400lbs SIR" 112" Pair 3/4"
35-52' Up to 15 tons 500lbs 3/4" 5/8" Pair 1"
42-80' Up to 25 tons 750lbs 3/4" 3/4" Pair In
NOTES:
Only mushroom anchors should be used for pernmnentmlxlri ngs. Use of newer
technology will be reviewed by the Commillee on a case by case blLsis.
West Harbor moorings for vessels under 20 feet in length should be equipped with 20 fect
of proof coil galvanized chain. West Harbor moorings for all other vessels should be
equipped with 15 feet of bottom chain and 15 feet of top chain. The Commillee will review
applications and make recommendalions on chain lengths for moorings in locations olher
than West Harbor on a case by case basis. Gal\'nni7.ed screw pins for shackles should be
secured with plastic tics or wire seized.
Three-strand nylon pennant should be a minimum length or 10 feet and chafe guard should
be placed at obvious poinls of wear.
The noat buoy should be high impact styrofoam or injection molded plastic with a
minimum 24 ineh diameter.
The Town of Southold, the Fishers Island l3av Constables and the Fishers Island Harbor
Committee assume no responsibility for persoillll injury or properly damage that may result
from the use of any mooring tackle that either meets or exceeds the minimum standards
recommended above.
Appendix C
Groups Interested in Fishers Island Harbor ManagelJlent
Allhe date of inilial approval of Ihe Fishers Island Harbor Management Plan, the groups
,interested in Island hnrbor marmgemenl and their proportionate interests, expressed as the
number of members of the Fishers Island Harbor Commillee each group should have 10
represent it, are as follows: '
a.
Fishers Island Civic Association
(1)
(I)
b.
Fishers Island Club, Inc.
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MARCH 4, 1997
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Fishcrs Island Conservancy
(1)
(I)
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(I)
(2)
(I)
Fishers Island Dcvelopmcnt Corporation
Fishcrs Island f'irc Department
Fishcrs Island Lobstermen's Association
Fishers Island Yacht Club
Goose Island, 1 nc.
Hay Harbor Club
Hay Harbor Propcrty Owncrs Association
Island People's Project
Pirate's Cove Marine
m.
persons engaged in aquaculture
n.
other owners of waterfront property on Wesl Harbor
o.
other owners of waterfront property onllay Harbor
Appendix D
At the date of initial approval of the Fishers Island Harbor Management Plan, thc schedule
of allnual fees for mooring permits in f'ishers Island walers is as follows:
Length of Vessel Pennit Fee
up to 25 fect $ 30.00
over 25 fcet but not more than 35 feel $ 65.00
over 35 feet $ 125.00
Non, residenllnon-Iessee $ 300.00
Moorings outside entrance markers 10 East,
West, and Hay Harbors $ 00.00
n.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
B.-Moved by Councilwoman Oliva, seconded by Councilman Moore, It was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal and authorizes Supervisor Jean W. Cochran to execute an
agreement between Audlcom Inc. and the Town of Southold, whereby
Audlcom will review. the monthly charge for service on the telephone bills
of the Town to determine if overcharges exist; said agreement all In
accordance with the approval of the Town Attorney.
23. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman. Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to recess for our 8:00 P.M.
hearing on a "Local Law In Relation to Merger"?
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0<\61\ 3kl!C\.-=i-
Fishers Island Harbor Management Plan
June 1996
Fishers Island is an isolated hamlet at the northeastemmost reaches of the Town of Southold on
Long Island Sound. Fishers Island residents seek to preserve the aesthetic beauty, ensure the
environmental health. maintain the character and infrastructure, and enhance the Island's economic
viability. Fishers Island is a residential community with virtually no provision for tourism. This
fact combined with New York State's formal recognition that Fishers Island is surrounded by the
highest quality marine waters in the Long Island Sound and hosts various rare habitats sets the
stage for the preparation of this document.
In harmony with the goals of the Town of Southold, Fishers Island's social and economic well-
being and the general welfare of the people of Fishers Island are critically dependent upon the
preservation, protection, and judicious use of the natural and man-made resources of the Island's
surrounding waters and shoreline area.
In response to and in anticipation of the increased pressures for use of the Island's coastal land and
water resources, the importance of long range planning to maintain and guide the future use and
development of the Island's limited and sensitive resources has been recognized.
The goals of management for the adjacent waters and harbors of Fishers Island are consistent with
public policy of the State of New York within coastal areas. The goals listed below are basic and
general guidelines for harbor management planning for the waters surrounding Fishers Island.
The Fishers Island Harbor Corrunittee shall strive to:
.
Ensure balance among existing uses of the Island's surrounding waters and harbors.
.
Protect and maintain the-sherefrenteharaeter ,hefltage,- and-existingquality-.of:life. --- - - .--
.
Promote and support access to the Island's surrounding waters and other resources in
the shoreline area for all Island residents.
.
Provide for and regulate multiple uses of the Island's surrounding waters and harbors in
a manner that assures safe, orderly and optimum use of the water and shorefront resources.
.
Maintain the chemical, physical and biological integrity of the Island's surrounding
waters and harbors and their dependent habitats.
(
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The need for a Fishers Island Harbor Committee:
As the uses of harbors and waters surrounding Fishers Island increase and diversify, the
need for clearly defined and communicated rules and regulations is essential to avoid and
mediate conflict.
In the past on Fishers Island, there have been Southold Town Bay Constables appointed on
an annual basis to enforce Southold Town Code as it relates to Fishers Island waters. In
some cases, Town Code has been contrary to Island policies or informal rules or the Town
Code is silent on issues that arise on the Island, .
For these reasons, a Fishers Island Harbor Management Committee should be established
and entrusted with the general care and supervision of Fishers Island waters and should
develop, recommend and then implement policies for the management of such waters to be
presented to the Southold Town Board and other bodies with jurisdiction over such waters.
The Committee should strive to ensure balance among existing uses of Fishers Island
waters.
The Committee should act in an advisory capacity to the Southold Town Board. Members
should be appointed by the Town Board so as to adequately represent a wide range of
g:uups using and interested in Fishers Island waters, drawing members as delegated by
groups listed in Appendix C. Each member of the committee shall have one vote,
regardless of the number of organizations he or she represents. The Committee may revise
the list of groups from time to time.
Committee members should serve for a term of five years, except that the initial members
should serve staggered terms of one, two, three, four and five years as recommended by
the Committee and adopted by the Town Board, so that thereafter the number of terms
expiring in any year shall be as close as may be.
The Town Board may remove any member of the Committee for cause, which includes
three consecutive absences from meetings of the Committee, or without cause at the request
of the group the member represents. Any vacancies should be filled from a list submitted
by the group losing representation through the vacancy.
The Committee should meet at least two times a year prior to and after the boating season.
Notice of these meetings should be posted on the Post Office bulletin board and should be
provided to the Southold Town Clerk ten days in advance. Meeting agendas should follow
Robert's Rules of Order. Minutes of these meetings should be available at the Fishers
.- --Island Hbrary Mid f orwartled-te-thd;outhold'fowntlerk, AchaiNlhould be elected-1l.t the-
post -boating season meeting each year.
Who will implement and enforce adopted recommendations of the Committee?:
In order for the Committee to ensure a safe and positive experience for all users of Fishers
Island waters, it is important to establish clear communication of and consistent
enforcement of the Town Code as it applies to Fishers Island waters. The Fishers Island
Bay Constables and the Committee's designated management agent should take the lead
roles in this effort.
(
The Town Board may incorporate the recommendations of the Committee relevant to
Fishers Island waters into the Town Code. The Town Board will annually appoint one or
more Fishers Island Bay Constables, each to serve for one year, from a list of
recommended candidates submitted by the Committee. The Bay Constables should enforce
)
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the Town Code and other laws and ordinances applicable to Fishers Island waters. The
Bay Constables should collect fees, maintain records of all mooring and other permits
issued in accordance with the Town Code including such information about permitees,
vessels and locations as may be pertinent thereto, and should make reports on permits,
violations and other matters to the Committee as it may reasonably request.
The Committee will designate a management agent to manage operations in West Harbor
during the boating season. It will be the responsibility of this agent to be visible and
available to incoming vessels and provide prompt and courteous guidance on amenities,
moorings, anchorages to vessel operators, provide a copy of the T own Code as it applies to
Fishers Island waters, and collect fees associated with day to day operations. The
designated management agent should make reports on day to day operations of West
Harbor as the Committee reasonably requests.
Each person using Fishers Island waters assumes all risks thereof and no use shall create
liability on the part of the Bay Constable the designated management agent the Town of
Southold or the Committee.
Covering Costs:
The Committee will incur costs associated with administering and implemepting
management policies recommended to and adopted by the Town Board. The Committee
should prepare a budget to be submitted to the Town during its budget formulation process.
The Committee should calculate the past year's expenses and estimate the costs of specific
project ideas for the coming year when formulating a budget to be presented to the Town.
As a general principle, revenues generated from Fishers Island waters, such as mooring
pennit fees, should be allocated for expenditure for Fishers Island waters.
The Committee shall from time to time, recommend for adoption by the Town Board, a fee
schedule for permits required for activities in Fishers Island waters. The fees should be
collected by the Fishers Island Bay Constable and deposited into the Town's general fund
to cover Committee costs and Fishers Island Bay Constable salaries and expenses.
&tablishing General Uses and Restrictions:
The Committee should provide for the existing multiple uses of Fishers Island waters in a
manner that assures safe, orderly, and optimum use of the waters and shorefront resources.
The Committee should be res onsible for recomrnendin to the Town Board designations
of restricted use areas (such as aquaculture sites, no jetskiing areas m IS ers s an"
waters on an as needed basis (included in Appendix A). In many cases, the Town Code
specifically addresses particular uses. The uses outlined below are of particular concern to
Islanders and recommendations on how to address these uses are made.
Access: Fishers Island is a quiet residential community tltat possesses outstanding natural
resources and little in the way of amenities and what are typically considered tourist
attractions. People who visit Fishers Island are generally those who seek quiet commune
with nature (an exception is the one local bar that attracts Connecticut patrons late at night
as bars in that state are required to close earlier titan tltose in New York). Visiting boaters
who wish to go ashore can do so frOm West Harbor or Silver Eel Pond. There are several
private and semi private beaches on the Island which are frequently enjoyed by visitors.
ShorefrOnt property owners seem particularly tolerant of these visitors. especially when the
visitors do not stray beyond mean high tide lines and leave behind no trace of their visit.
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Islanders are afforded ample access to the shorefront. There is one large public beach at the
southwest end of the Island, several semi- private beaches along the southeast side of the
Island and one on the northwest end of the Island. The area belonging to the Fishers Island
Ferry District on the southwest end of the Island is heavily used by anglers as is Silver Eel
Pond. There is a public boat ramp in inner West Harbor. Many shorefront property
owners allow Island anglers to cross to the shore. There are two public marinas (one with
eight slips and a deli) on West Harbor and another marina at inner West Harbor.
Speed and Wake: No vessel should create a wake that disturbs or damages any persons
or property. No vessel should be operated at a speed of more than 5 miles per hour within
300 feet of any shore, pier, anchor or moored vessel. launching ramp. marina, sailboat race
or other congested area.
Waterskiing: There are few areas in Fishers Island waters where conditions regularly
accommodate waterskiers with the exception of the almost totally enclosed Hay Harbor.
Because it is a long standing and popular pastime, waterskiing has been permitted in Hay
Harbor with exceptions to speed and wake regulations. Allowable times and ski patterns
were established to maximize safety and consider aesthetics for surrounding property
owners. These restrictions are currently outlined in the Town Code.
Shellfishing: There is concern among Islanders about out of state visitors harvesting
shellfish from Fishers Island waters both in and out of seasons defined by the New York
Department of Environmental Conservation (DEC). Bay Constables could monitor
shellfishing activities, enforce the DEC seasons, and request that out of state harvesters
(easily identifiable by vessel registration numbers) show New York state permits.
Other Natural Resources: In order to protect and maintain the superior environmental
quality of the shoreline, permits should be required from the Town of Southold and other
agencies with jurisdiction for removal of sand, gravel, beach rock, or other materials from
lands adjacent to or under Fishers Island waters.
Piers and Bulkheads: In order to ensure safe navigation, monitor environmental
impacts, consider impacts on shorefront property owners and maintain the quality and
character of the shorefront, permits for piers, bulkheads, docks, additions to these, or any
other fixed objects in Fishers Island waters, should be required from Southold Town and
other agencies with jurisdiction. Owners of fixed structures in Fishers Island waters
should maintain such structures at a level so as not to cause hazards to navigation and
damage to persons or property.
Anchoring: Safe anchorages should be provided for visiting vessels that do not interfere
with moorings, channels, other areas designated for particular uses, or the quality of life
for shorefront property owners. For safety reasons, no anchoring should be allowed in
Silver Eel Pond, the site of the Fishers Island ferry pier and US Coast Guard Station. In
order to improve or maintain water quality, avoid interference with mooring fields and
channels, and consider aesthetics for shorefront property owners, no anchoring is allowed
in inner West Harbor. Water quality and property owner considerations are the basis for
no overnight anchoring in Hay Harbor. As is stated in Town Code, no vessel shall anchor
anywhere for longer than three consecutive nights.
Moorings: In the interests of vessel safety, environmental protection, optimum use of
available space and impacts on shorefront property owners, all moorings in Fishers Island
waters should require a permit issued by the Bay Constaule.
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The location of all moorings should be determined by the Committee and be shown on a
Mooring Plan for Fishers Island waters (as shown in Appendix A). The Committee should
consider the size and class of vessel, whether the mooring will be used for vessel storage
or living aboard, and impacts on shorefront property owners while developing the Mooring
Plan and assigning mooring locations. The Mooring Plan should show both designated
mooring fields and locations of moorings that are not in the designated mooring fields. As
a matter of courtesy, adjacent shorefront property owners should be notified of and heard
on applications for moorings not located within a designated mooring field.
In an effort to ensure that requests for moorings from Islanders are met and to protect the
quality of life for shorefront property owners, new applications for mooring permits should
be considered only for Islanders as defined as I) an individual who is domiciled on Fishers
Island, or 2) an individual who owns residential real property on Fishers Island, or 3)
during the season of his or her tenancy, an individual who leases real property on Fishers
Island for his or her personal residential use, or is a member of the immediate family of I)
2) or 3). Research has shown that mooring permits are issued only to residents in most
shorefront communities.
In order to improve and maintain water quality in West Harbor and monitor vessels as
potential sources of pollution, the mooring field to the west of Goose Island Channel
should be used primarily for storage of vessels, while the mooring field to the east of
Goose Island Channel should be used primarily to moor live-aboard vessels.
Discussion of mooring permits, applications, waiting lists, inspections, vacancies,
abandonment, maintenance and tackle will follow.
Transient Moorings: For reciprocity with other harbors and in an effort to extend
hospitality, some provision should be made for visiting vessels seeking a mooring in
Fishers Island waters. To this end, a number of distinctly marked moorings should be
available for a fee and be located within the east mooring field at West Harbor in a way that
does not impair water quality or impose on shorefront property owners. The Committee
should set the fee for transient moorings and may delegate the right to assign such
moorings and the right to collect fees to the designated transient mooring permittee. Fees
collected should be used by the designated transient mooring permittee to cover costs
associated with placement and maintenance of the transient moorings.
Special Uses of Private Moorings: All permit holders (whether having moorings in
or out of a designated mooring field) with a vacant mooring should be permitted to allow
guest use of their moorings as long as the mooring tackle and mooring circle can safely
accommodate the guest vessel. However, for reasons stated earlier, unless the mooring is
located in the east mooring field at West Harbor, the guest should not live aboard during
the visit. For Committee purposes of tracking visitor uses and associated impacts of
Fishers Island waters and to avoid questioning from the Bay Constables who monitor
mooring use, guests should be registered by the permit holder with the designated
management agent.
Rafting: Unsafe rafting of vessels can pose serious threats to property and persons and
adversely impact shorefront property owners. Rafting should not interfere with navigation,
neighboring moorings or lawfully anchored vessels. Weather permitting, up to three
vessels may raft on a single mooring in the daytime and two ovemight. Rafted vessels
must be attended.
(
Using a Vessel as an Abode: Impacts on water quality and shorefront property
owners are the primary reasons to regulate use of vessels as abodes, whether docked,
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moored, or anchored. Using the vessel as an abode should be allowed for three
consecutive nights, only in an area designated for live-aboard use, However, the
Committee may grant temporary exceptions at its discretion considering location of the
vessel, overboard discharges associated with the vessel, and reasons for the request for an
exception.
Sanitation: To maintain the superior quality of Fishers Island waters and shores for the
benefit of all users, no untreated or insufficiently treated sewage, no refuse, no waste
matter, no petroleum product or byproduct, no paint or varnish, no dead animal or debris
should be discharged into Fishers Island waters. Passengers from visiting vessels that
come ashore on private property should take any waste they generate with them (including
pet waste) when they depart.
Noise: In consideration of shorefront property owners, people aboard vessels in
anchorages and mooring fields with live-aboards, vessel engine noise should be
sufficiently muffled in such a way that it does not interfere with a reasonable man. Parties
and pets aboard visiting vessels should not disturb shorefront property owners or people
aboard other vessels.
More About Moorings:
Applications: A process should be developed for soliciting and processing mooring
applications and requisite fees (as recommended by the Committee to the Town Board in
Appendix D) on an annual basis. In order to process and implement mooring permits and
the Committee's Mooring Plan, applications and requisite fees should be received by the
Bay Constable by March 31 of each year.
For reference purposes during Bay Constable patrols of mooring areas, each mooring
application should contain information about the applicant (address and phone), the vessel,
and the type of mooring tackle.
In order for Bay Constables to monitor the type and condition of tackle for safety purposes,
mooring inspection forms (available from the Bay Constable) should accompany the
mooring application. The mooring inspection form should indicate a visual inspection of
all tackle performed anytime within the preceding year.
An amended permit could be issued by the Bay Constable, upon approval of the
Committee, covering a different vessel if the vessel's mooring circle does not interfere with
navigation or other permittedinootiIigs, the tackle is adequate, and the class of vessel is not
significantly different to adversely impact shorefront property owners.
Waiting List: If no moorings or spaces for moorings are available to accommodate an
application, the applicant's fee should be refunded and the applicant's name should be put
on a waiting list in the order of time of completion of the application, Applicants on the
waiting list should reapply each year to maintain position on the waiting list.
(
Mooring Maintenance: In order to provide for the safety of persons and property, the
Committee should establish recommended minimum mooring tackle specifications (shown
in Appendix B). Bay Constables should perform random tackle inspections to ensure
proper condition of tackle. Moorings failing an inspection, or missing a buoy, or
otherwise defective or unsafe should not be used until the condition is corrected. If unsafe
conditions persist, or the mooring is abandoned, the Bay Constable may order the tackle
lifted and removed. The Bay Constable may place a lien against mooring tackle on behalf
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of the Town to cover the costs of correcting the condition in the event the owner fails to
cover costs.
For Bay Constable patrolling purposes, when the mooring permit is issued and the
mooring is placed, the permit holder should mark the float with the appropriate indentifying
characters.
Unsafe Conditions:
The Bay Constable should be able to correct or request the correction of conditions he
deems unsafe or a hazard to persons or property.
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Appendix B
RECOMMENDED MINIMUM MOORING TACKLE SPECIFICATIONS
1.
West Harbor moorings for vessels under 20 feet in length shall be equipped with 20
feet of chain. West Harbor moorings for all other vessels shall be equipped with 15
feet of bottom chain and 15 feet of top chain. The Fishers Island Harbor Conunittee
will review applications and make recommendations on chain lengths for moorings
in locations other than West Harbor on a case by case basis.
2.
Mooring applications for vessels in excess of 50 feet will be reviewed by the Fishers
Island Harbor Committee on a case by case basis.
3.
Pennants shall be 20 feet in length. Chafe guard is to be placed at obvious points of
wear.
4.
Shackles and swivels shall be proportional to chain size. Use only plastic wire ties.
Change swivels annually.
5.
Only mushroom anchors shall be used for permanent moorings. Newer technology
may be permitted by the Fishers Island Harbor Conunittee on a case by case basis.
6.
Pick up buoys and bridles may be used at the owner's discretion.
7. The weights, chain sizes, and pennant widths listed below are recommendations. The
Fishers Island Harbor Conunittee may specify greater sizes in certain cases.
8. The specifications listed below are minimum recommendations, not providing for
protection in severe weather.
BOAT LENGTH MUSHROOM BOTIOM TOP NYLON
at waterline ANCHOR CHAIN CHAIN PENNANT
Under 20' 150# 3/8" 1/2"
20' - 2S' 200# 1/2" 3/8" 1/2"
26' - 30' 300# 1/2" 3/8" S/8"
31' - 3S' SOO# 3/4" 1/2" 3/4"
36' - 40' 7SO# 3/4" 1/2" 1"
41' - SO' 1000# 1" 1/2" 1"
(5
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Appendix C
Groups Interested in Fishers Island Harbor Management
At the date of initial passage of tlus ordinance (local law?) the groups interested in
Fishers Island harbor management and their proportionate interests. expressed as
the number of members of the Comnunee each gronp should have to represent it.
are as follows:
a. Fishers Island Civic Association (1)
b. Fishers Island Club, Inc. (1)
c. Fishers Island Consen'ancy (1)
d. Fishers Island Development Corporation (1)
e. Fishers Island Rre Department (1)
f. Fishers Island Lobstermen's Association (1)
g. Fishers Island Yacht Club (1)
h. Goose Island, Inc. (1)
i. Hay Harbor Club (1)
J. Hay Harbor Property Owners Association (1)
k. Island People's Project (1)
1. Pirate's Cove Marine, Inc. (1)
m. persons engaged in aquaculture (1)
n. other owners of waterfront property on West Harbor (2)
o. other owners of waterfront property on Hay Harbor (1)
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FEES
Appendix D
TIle schedule of annual fees for mooring pemlits ill Fishers Island waters is as follows:
Len~th of Vessel
Penllit Fee
up to 25 feel
over 25 but not more than 35 feet
$30.00
$65.00
over 35 feel
$125.00
$300.00
Remaining non-Islander peMls
Vesseis outside entrance markers to West, East
and Hay Haroors
$00.00
1C>
2:
[HISTORY: Adopted by the Town Board of the Town of South old 7-22-1997 by 1.1. No.
19-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Boats, docks and wharves -- See Ch. 32.
Coastal erosion hazard areas -- See Ch. 37.
Parking at beaches -- See Ch. 65.
~ 33-1. Title; applicability.
A. Title. This chapter shall be known as the "Fishers Island Harbor Management Law."
B. Applicability. Unless otherwise provided, each provision of this chapter relating to Fishers
Island shall apply to all waters adjacent to Fishers Island, Town of Southold, from the mean
high-water mark to a distance of 1,500 feet from the shore.
~ 33-2. Traffic control authority.
The Bay Constables, Fishers Island Constables, the New York State Police and other law
enforcement officers shall have authority to control waterborne traffic as specified in Chapters 32
and 33 of the Southold Town Code and other applicable state and federal statutes.
~ 33-3. Fishers Island Harbor Committee.
The Town Board creates a Fishers Island Harbor Committee to recommend policies for the
management of the waters bounding Fishers Island and to assist in administration of this chapter.
The membership shall represent a wide range of groups interested in and using the waters
bounding Fishers Island. Members shall be appointed for five-year terms. The Committee shall
meet a minimum two times per year, prior to and after the boating season. Notice ofthe meeting
shall be posted 10 days in advance.
~ 33-4. Speed and wake regulation.
No vessel shall be operated in a manner to create a wake which could endanger or disturb
persons or property in any area of of Fishers Island waters. No vessel shall be operated at a speed
greater than five miles per hour in designated speed zones or within 300 feet of shore, pier,
I
anchored or moored vessels. launching ramps, marinas, sailboat race or other congested areas.
~ 33-5. Waterskiing.
A. Waterskiing is prohibited in all areas where speed in excess of five miles per hour is
prohibited.
B. The following regulations shall apply to Hay Harbor:
(1) Waterskiing is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday
unless organized waterfront activities have been approved by the Bay Constable.
(2) Water-skiers will follow a pattern established by the first boat to start skiing, i.e.,
clockwise or counterclockwise.
C. Skiers will remain a minimum of 100 feet from any dock or shoreline unless they approach or
depart perpendicularly to or from the shoreline solely for the purpose of commencing or
ending the ride.
~ 33-6. Anchoring and mooring.
A. All boats temporarily anchored in waters bounding Fishers Island shall anchor in an area
established by the Fishers Island Harbor Committee, subject to the following:
(1) No anchoring is permitted in Inner West Harbor or Silver Eel Pond.
(2) No overnight anchoring is permitted in Hay Harbor.
(3) Anchoring shall not be permitted for a continuous period of more than three consecutive
nights in a fourteen-day period within an anchorage unless authorized by the Fishers
Island Bay Constable, which authorization may only be granted for emergency
situations. [Amended 1-18-2000 by L.L. No. 2-2000]
(4) No boat shall be so moored or anchored that it at any time rests within any channel or
interferes with the full use of such channel, nor shall any boat be moored or anchored
within 50 feet of any dock, pier or other boat docking facilities.
B. [Amended 1-18-2000 by L.L. No. 2-2000] No permanent moorings shall be placed unless
authorized by a permit duly issued by the Fishers Island Harbor Committee Secretary/Clerk.
An annual mooring sticker issued to the permittee by the Fishers Island Harbor Committee
Secretary/Clerk indicates authorization of the permit.
(1) The location of each mooring shall be assigned by the Fishers Island Harbor Committee
for waters bounding Fishers Island. The Committee shall consider optimum use of
2
available space, vessel safety, environmental protection, impacts on shorefront property
owners, whether the mooring will be used for vessel storage or living aboard and the size
and class of vessel, while assigning mooring locations.
(2) The fees for a mooring permit shall be those established by resolution of the Southold
Town Board.
(3) All mooring permits shall expire on December 31 of the year of issuance.
(4) All mooring buoys shall be assigned a number by the Fisher's Island Harbor Committee
Secretary/Clerk, which shall be affixed to the buoy by the permittee in numbers at least
four inches in height.
(5) The Committee will maintain the mooring plan for West Harbor.
~ 33-7. Use of vessel as abode.
A. Use of a vessel as an abode, whether at a dock, in a designated anchorage or on a mooring
designated for a live-aboard use, is permitted for three consecutive nights within any
fourteen-day period.
B. The Town Board authorizes the Fishers Island Harbor Committee power to allow temporary
exemptions to length-of-stay restrictions, by considering the location of the vessel, overboard
discharges associated with the vessel and the reasons for requesting the exemption.
~ 33-8. Mooring maintenance.
A. All moorings are subject to random inspections by a Bay Constable or his designee, who may
require hauling, repair or replacement for worn or defective tackle.
B. Moorings failing an inspection or missing a buoy or otherwise defective or unsafe shall not
be used until the condition is corrected.
C. Ifunsafe conditions persist or the mooring is abandoned, the Bay Constable shall order and
direct the removal of the tackle. In the event that the owner fails to remove the tackle within
10 business days, the town may cause the tackle to be lifted and removed. The expense of
such removal shall be a lien and charge on the property ofthe boat owner until paid and shall
be collected in the same manner and the same time as other town charges.
~ 33-9. Use of private moorings by guests.
A. Permittees may make their vacant mooring available to their guests upon notification of and
3
permission from the Fishers Island Bay Constable or his designee, for a period not to exceed
three consecutive nights within any fourteen-day period. Permission shall be granted if the
guest vessel is of compatible or like size to the vessel for which the mooring was approved
and can be accommodated with the approved mooring tackle and within the approved
mooring circle.
B. Live-aboard guest use of a private mooring shall be limited to the mooring field in West
Harbor designated by the Fishers Island Harbor Committee for live-aboard use. Such use is
subject to the provisions governing use of vessel as an abode.EN(I)
~ 33-10. Rafting.
Rafting on a single mooring will only be permitted for not more than three boats during the
daylight hours and two boats at night, provided it does not interfere with adjacent single
moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall
not leave the raft unattended and shall be available to tend to the vessels in the event of heavy
weather.
~ 33-11. Discharge of refuse.
It shall be a violation of this chapter to discharge any untreated or improperly treated sewage,
refuse or waste matter, petroleum product or by-product, paint, varnish, dead animals or debris
within Fishers Island waters or adjacent shores.
~ 33-12. Unnavigable boats; hazards to navigation.
A. Any boat which becomes a menace to navigation or unseaworthy or sinks, grounds or
otherwise becomes disabled or incapable of navigation shall be removed or restored to
navigable condition by the registered owner upon notice from the Southold Town Board or
its designated agent, which notice shall be either by personal service or be certified mail
addressed to the registered owner's last known address as given by him or as stated in his
certificate of registration.
B. If such boat is not removed or restored to navigable condition by the owner within one week
after the mailing of said notice, the Southold Town Board or its designated agency may direct
the removal or destruction of the boat; and the cost of said removal, including storage
charges, shall attach to and shall become a lien upon said boat; and said boat may be sold,
upon direction of the court, at public auction to defray said expenses, any surplus being
returned to the owner of record. The town shall not be liable for any damage done to said
boat during its removal, storage and sale.
4
~ 33-13. Severability.
Should any provision of this chapter be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but
shall be confined in its operation to the clause, sentence, paragraph, section or part thereof
directly involved in the litigation in which such judgment shall have been rendered.
~ 33-14. Penalties for offenses.
A. It shall be unlawful for any person or agent of any person to fail to comply with any provision
of this chapter or to fail in any marmer to comply with a written notice, directive or order of
the Bay Constables or to conduct any operation in a marmer not in compliance with a permit
issued pursuant to this chapter.
B. For every offense against any of the provisions of this law or any regulations made pursuant
thereto or failure to comply with a written notice or order of the Bay Constables within the
time fixed for compliance therewith, any person, or any other person or agent of such who
commits, takes part or assists in the commission of any such offense or who shall fail to
comply with a written order or notice of the Bay Constables shall, upon conviction thereof,
be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a
period not to exceed six months, or by both such fine and imprisonment. Each day's
continued offense shall constitute a separate, additional violation.
[HISTORY: Adopted by the Town Board ofthe Town of South old 5-21-1957. Section 36-1
added and ~~ 36-3 and 36-6 amended during codification; see Ch. 1, General Provisions, Article
II. Other amendments noted where applicable.]
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Endnotes
1 (Popup)
Editor's Note: See S 33-7.
2 (Popup)
Editor's Note: Former Ch. 34, Building Construction, which referenced acceptance of the
applicability of the State Building Construction Code by the Town Board on 6-8-1976, was
removed pursuant to the promulgation of the State Uniform Fire Prevention and Building Code.
For provisions pertaining to administration and enforcement of said code, see Ch. 45, Fire
Prevention and Building Code, Uniform.
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