HomeMy WebLinkAboutFI Harbor Management Plan 1997
JUDITH T. TERRY
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VlTAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 4, 1997:
RESOLVED that the Town Board of the town of Southold hereby adopts 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:
FISHERS ISLAND
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 northeasternmost reaches of the Town of Southold in 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. Some of the most important planning
issues on the Island relate to the use and management of the harbors and waters surrounding Fishers
Island.
The most significant harbor management issues on Fishers Island occur in West Harbor. The sometimes
divergent interests of recreational boaters, marinas and shellfish producers all converge within a harbor
that is becoming increasingly congested with boat traffic. The 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 quality and the
important shellfish resources of the harbor.
Other significant harbor management issues on Fishers 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 structures in Hay Harbor; the 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 uses 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 habitats.
In response to the increasing congestion and competition for the use of the waters of Fishers Island, the
Town of Southold appointed a 16 member Fishers Island Harbor Committee. Established in May 1994,
they were charged with drafting a harbor management plan for all the Town waters surrounding Fishers
Island.
The preparation of the harbor management plan will help address and mitigate any conflicts among
competing water uses and lead to the efficient use of the waters, shorelines and natural resources of
Fishers Island. A harbor management plan addresses conflict, 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, optimum location and number of boat support structures,
such as docks, piers, moorings, pumpout facilities, special anchorage areas, and identification of local
and federal navigation channels. It also provides the opportunity to identify various alternatives for
optimum use of the waterfront and adjacent water surface, while at the same time analyzing the probable
environmental effects of these alternatives.
The Committee established the following goals and guidelines for harbor management planning for the
waters surrounding Fishers Island. The Fishers Island Harbor Committee shall strive to:
Ensure balance among existing uses 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 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.
In response to these goals and issues, the Fishers Island Harbor Committee has prepared the Fishers
Island Harbor Management Plan., This Plan includes proposed amendments to the code of the Town of
Southold to implement and enforce the Harbor Management Plan. The proposed Harbor Management
Plan for Fishers Island, the resulting water uses and amendments to the Town code will be integrated
within the Town of Southold Harbor Management Plan as part of the Town of South old L WRP.
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, the Town
Code does not address specific harbor issues that occur on Fishers Island.
For these reasons, a Fishers Island Harbor Management Committee shall be established to develop and
recommend policies for the management of the waters surrounding Fishers 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 represent a wide range of groups using and interested
in Fishers Island waters, drawing members to the extent reasonably possible from the groups listed in
Appendix C. Each member of the Committee shall have one vote. The Committee may revise the list
of groups listed in Appendix C from time to time.
Committee members shall serve for a term of five years, except that the initial members shall serve
staggered terms of one, two, three, four and five years as appointed by the Town Board. At the
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 Committee for cause. The Committee may recommend
to the Town Board a list of suitable candidates to fill the vacancy.
The Committee shall meet at least two times a year prior to and after the boating season in AprillMay
and September/October. Notice of these meetings shall be mailed to individual Committee members,
shall be posted on the Post Office bulletin board and shall be provided to the Southold Town Clerk ten
(10) days in advance of the meeting. Meeting agendas shall follow Robert's Rules of Order. Minutes
of these meetings shall be available at the Fishers Island Library and forwarded to the Southold Town
Clerk. A chair shall be elected at the post-boating season meeting each year.
Implementation and enforcement:
The Town Board may incorporate the recommendations of the Fishers Island Harbor Committee into the
Town Code. In order 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 Town Board shall annually appoint one or more Fishers Island Bay
Constables, each to serve for one year, after advertising, from a list which may include candidates
submitted by the Committee. The Bay Constables shall enforce the Town Code and other laws and
ordinances applicable to Fishers Island waters.
The Fishers Island Bay Constables shall monitor the starus 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 thereto, and shall make reports on permits, violations and other matters to the Committee
as it may reasonably request.
Each person using Fishers Island waters assumes all risks thereof and no use shall create liability on the
part of the Bay Constable, the Town of Southold or the Committee.
Covering Costs:
The Committee will incur costs associated with administering and implementing management policies
recommended to and adopted by the Town Board. The Committee shall prepare a budget to be submitted
to the Town during its budget formulation process. The Committee shall 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.
The Committee shall from time to lime, recommend for adoption by the Town ooard, a fee schedule for
permits required for activities in Fishers Island waters. The fees shall be collected by the Fishers Island
Bay Constable and deposited into the Town's general fund.
Establishing General Uses and Restrictions:
The Town Board shall 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 shall be
responsible for recommending to the Town Board designations of restricted use areas (such as aquaculture
sites, no jetskiing areas) in Fishers Island 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 that possesses outstanding natural resources and little in
the way of amenities and what are typically considered tourist attractions. 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.
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 shall create a wake that disturbs 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 waters where conditions regularly accommodate water-skiers with
the exception of the almost totally enclosed Hay Harbor. Because it is a long standing and popular
pastime, water-skiing 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 will monitor shell fishing activities, enforce the DEC seasons, and check permits.
Other Natural Resources:
In order to protect and maintain the superior environmental quality of the shoreline, permits shall 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 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, shall be required from
Southold Town and other agencies with jurisdiction. Owners of fixed structures in Fishers Island waters
shall maintain such structures at a level so as not to cause hazards to navigation and damage to persons
or property.
Anchoring:
Safe anchorages shall be provided for visiting vessels that do not interfere with moorings, channels, other
areas designated for particular uses or community character. For safety reasons, no anchoring shall be
allowed in Silver 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 West Harbor. Water quality 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, and the optimum use of available space, all
moorings in Fishers Island waters shall require 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). The Committee shall 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
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 Harbor and monitor vessels as potential sources
of pollution, the mooring field to the west of Goose Island Channel "shall be used primarily for storage
of vessels, while the mooring field to the east of Goose Island Channel shall be used primarily to moor
live-aboard vessels.
Transient Moorings:
For reciprocity with other 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 located
within the east mooring field at West Harbor in a way that does not impair water quality. The transient
moorings will be made available for a boating season to an appropriate local management agent on
payment of the mooring permit fee. Transient moorings will be distinctly marked and use of the
moorings will be available from the local management agent.
Special Uses of Private Moorings:
All permit holders (whether having moorings in or out of a designated mooring field) with a vacant
mooring shall 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 shall not live aboard during the
visit. For purposes of tracking visitor uses and associated impacts of Fishers Island waters, guests shall
be registered by the permit holder with the Bay Constable.
Rafting:
Unsafe rafting of vessels can pose serious threats to property and persons and adversely impact shorefront
property owners. Rafting shall not interfere with navigation, neighboring moorings or lawfujly 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.
Overnight use of a vessel:
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 an area designated for live-aboard use. However, the
Town Board may give the Committee power to grant temporary exceptions to the length of stay,
considering the 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 shall be discharged into Fishers Island waters or adjacent
shores.
Noise:
In consideration of shorefront property owners, people aboard vessels in anchorages and mooring fields
with Iive-aboards, vessel engine noise shall be sufficiently muffled in such a way that it does not interfere
with a reasonable man. Parties and pets aboard visiting vessels shall not disturb shorefront property
owners or people aboard other vessels.
More About Moorings:
Fees:
An administrative fee for an annual mooring permit shall be set by Town Board resolution. The Harbor
Committee shall recommend the amount of this requisite fee on an annual basis (Appendix D).
Applications:
The process for soliciting and reviewing mooring permit applications shall be as follows:
Mooring permit applications will be made available by the Bay Constable in January of each year.
Completed mooring permit applications and the requisite fee shall be returned to the Bay
Constable by March 31 of each year. Prior to the boating season, the Committee will meet to
review mooring permit applications and make mooring location assignments in accordance with
the Mooring Plan for Fishers Island waters. Following this meeting, the Bay Constable will mail
annual mooring stickers and details of the mooring location to approved applicants and refund
the requisite fee to unsuccessful applicants.
For reference purposes during Bay Constable patrols of mooring areas, each mooring application shall
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) shall accompany the mooring application. The
mooring inspection form shall indicate a visual inspection of tackle performed anytime within the
preceding year.
Applications for a mooring permit will be 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 are available to accommodate an application, the applicant's fee
shall be refunded and the applicant's name shall be put on a waiting list in the order of time of
completion of the application. Applicants on the waiting list shall reapply each year to maintain position
on the waiting list.
Mooring Mainrenance:
In order to provide for the safety of persons and property, the Committee shall recommend to the Town
Board mooring tackle specifications for use in the waters surrounding Fishers Island. The Town Board
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 shall not be used until
the condition is corrected. If unsafe conditions persist, or the mooring is abandoned, the Bay Constable
shall report the details to the Harbor Committee and the Town Board. The Bay Constable may order the
tackle lifted and removed. 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 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 other Town charges.
For Bay Constable patrolling purposes, when the mooring permit is issued and the mooring is placed,
the permit holder shall mark the float with the appropriate identifying characters.
Unsafe Conditions:
The Bay Constable shall be able to order the correction of conditions he deems unsafe or a hazard to
persons or property.
APPENDICES
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Water Use Plan - West Harbor, Fishers Island
Recommended minimum mooring tackle specifications
Groups interested in Fishers Island Harbor management
Mooring fees
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Appendix B
Recommended Minimum Standards for Single Point Mooring
In an effort to improve the safety of moored vessels in Island harbors, the Fishers Island
Harbor Committee recommends the following:
1) 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 perform random inspections of mooring tackle as a way to
monitor the success of this self -compliance 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. It is recognized that these standards are conservative and presently (1/97), would
require many owners to upgrade their tackle. Careful monitoring of the condition of tackle
and upgrading tackle as it needs to be replaced will go a long way toward making the
harbors safer for all boat owners.
Vessel Vessel Mushroom Bottom Top Pennant
Length Weight Weight Chain Chain Nylon 3 strand
12- 26' Up to 2 tons 150lbs 1/2" 3/8" Single 5/8"
18-32' Up to 6 tons 300lbs 5/8" 3/8" Single 3/4"
25-42' 6 to to tons 400lbs 5/8" 1/2" Pair 3/4"
35-52' Up to 15 tons SOOlbs 3/4" 5/8" Pair 1"
42-80' Up to 25 tons 750lbs 3/4" 3/4" Pair 1"
NOTES:
Only mushroom anchors should be used for permanent moorings. Use of newer
technology will be reviewed by the Committee on a case by case basis.
West Harbor moorings for vessels under 20 feet in length should be equipped with 20 feet
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 Committee will review
applications and make recommendations on chain lengths for moorings in locations other
than West Harbor on a case by case basis. Galvanized screw pins for shackles should be
secured with plastic ties or wire seized.
Three-strand nylon pennant should be a minimum length of 10 feet and chafe guard should
be placed at obvious points of wear.
The float buoy should be high impact styrofoam or injection molded plastic with a
minimum 24 inch diameter.
The Town of Southold, the Fishers Island Bav Constables and the Fishers Island Harbor
Committee assume no responsibility for personal injury or property damage that may result
from the use of any mooring tackle that either meets or exceeds the minimum standards
recommended above.
Appendix C
GroU?S Interested in Fishers Island Harbor Management
At the date of initial approval of the Fishers Island Harbor Management Plan, the groups
interested in Island harbor management and their proportionate interests, expressed as the
number of members of the Fishers Island Harbor Committee each group should have to
represent it, are as follows:
a. Fishers Island Civic Association (I)
b. Fishers Island Club, Inc. (I)
c. Fishers Island Conservancy (I)
d. Fishers Island Development Corporation (I)
e. Fishers Island Fire Department (I)
f. Fishers Island Lobstcrmen's Association (1)
g. Fishers Island Yacht Club (I)
h. Goose Island, Inc. (I)
1. Hay Harbor Club (I)
J. Hay Harbor Property Owners Association (I)
k. Island People's Project (I)
I. Pirate's Cove Marine (I)
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 (I)
Appendix D
FEES
At the date of initial approval of the Fishers Island Harbor Management Plan, the schedule
of annual fees for mooring permits in Fishers Island waters is as follows:
Length of Vessel Permit Fee
up to 25 feet $ 30.00
over 25 feet but not more than 35 feet $ 65.00
over 35 feel $ 125.00
Non- resident/non-lessee $ 300.00
Moorings outside entrance markers to East,
West, and Hay Harbors $ 00.00
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Southold Town Clerk
March 5, 1997