Loading...
HomeMy WebLinkAboutGreenport Village- LWRP & DEIS APR 6UPERVISORS OFFICE TOWN OF SOUTH~LD Village of Greenport Local Waterfront Revitalization Program and Draft Environmental Impact Statement Submitted for review pursuant to the NYS Waterfront Revitalization and Coastal Resources Act VILLAGE OF GREENPORT DRAFT LOCAL WATERFRONT REVITALIZATION PROGRAM DRAFT ENVIRONMENTAL IMPACT STATEMENT APRIL 1987 This document was prepared for the New York State Coastal Managment Program with financial assistance from the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration under the Coastal Zone Management Act of 1972, as amended. VILLAGE OF GREENPORT Suffolk County, Long Island LOCAL WATERFRONT REVITALIZATION PROGRAM TABLE OF CONTENTS Preface Section I Section II A. B. C. D. SECTION III A. B. C. D. E. F. G. H. I. J. SECTION IV A. B. SECTION V A. B. C. D. E. F. SECTION VI SECTION VII SECTION VIII SECTION IX Description WATERFRONT REVITALIZATION AREA BOUNDARY INVENTORY AND ANALYSIS Regional Setting Historical Perspective Natural Components Development Factors WATERFRONT REVITALIZATION PROGRAM POLICIES Development Policies Fish and Wildlife Policies Flooding and Erosion Policies General Policy Public Access Policies Recreation Policies Historic and Scenic Resource Policies Agricultural Lands Policy Energy and Ice Management Policies Water and Air Resources Policies PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS Proposed Land and Water Uses Proposed Projects TECHNIQUES FOR LOCAL IMPLEbfENTATION OF THE PROGRAM Existing Local Laws and Regulations Proposed Local Laws and Regulations Implementation of the LWRP Policies Management Structure Compliance Procedures Financial Resources FEDERAL AND STATE PROGRAMS LIKELY TO AFFECT PROGRAM IMPLEMENTATION CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE, REGIONAL, AND LOCAL AGENCIES LOCAL COMMITMENT DRAFT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT Pa~e I-1 II-1 II-3 II-3 II-5 II-10 III-1 III-4 III-ll III-14 III-21 III-21 III-26 III-28 III-32 III-32 III-33 IV-I IV-2 IV-9 V-1 V-2 V-4 V-5 V-17 V-18 V-24 VI-! VII-1 VIII-1 IX-1 List of Maps 1 Regional Location 2 Coastal Area Boundary 3 Natural Characteristics 4 Existing Land Use 5 Existing Underutilized Waterfront Sites 6 Existing Water-Dependent Uses 7 Existing Zoning Patterns 8 Historic District 9 General Land and Water Uses 10 Waterfront Area Projects 11 Proposed Zoning Preface I-3 II-9 II-11 II-13 II-16 II-20 II-25 IV-3 IV-10 V-7 PREFACE The Local Waterfront Revitalization Program is an action-oriented planning strategy to encourage and coordinate the continued revitalization of the Village of Greenport. The Village of Greenport, at the eastern end of the north fork of Long Island (See Map 1, Regional Location), owes its development, and much of its vitality, to its waterfront location. Historically, the local economy has depended on the activity generated by commercial fishing, fish processing, shipbuilding and other marine activities. In recent years, tourism and the number of second home owners have increased, attracted by the activity and the ambience of Greenport's working waterfront, shops, restaurants, and the appeal of its architecturally distinctive homes. These factors have had a positive influence on the Village's economy, resulting in the development and redevelopment of vacant, deteriorated, or underutilized properties along the Village waterfront and in the Central Business District. However, careful decisions must be made on future development proposals so that remaining underutilized/deteriorated properties and existing developed sites are not redeveloped with uses, such as residential condominiums and boutique shops, which primarily serve the needs of tourists and second home owners. Rather, the Village intends to maintain its heritage as a working waterfront community that relies on its direct association with the commercial fishing industry and other traditional maritime industries. The Local Waterfront Revitalization Program serves the Village of Greenport both as a contemporary Community Development Plan and as a statement of overall planning and development policy. It is consistent with the objectives of the New York State Coastal Management Program. The Local Waterfront Revitalization Program is a comprehensive revitalization effort that will achieve a compatible, well-serviced pattern of development and a mix of uses that are responsive to the needs of at least four constituent groups: year-round residents; the commercial fishing (and other marine) industries; seasonal or week-end residents of the Village; and tourists. The goals of this revitalization effort are: - To STRENGTHEN Greenport's role as a commercial fishing seaport; - To MAINTAIN and PROTECT existing water-dependent uses and where it is possible and necessary encourage expansion of these uses; - To REDEVELOP the remaining underutilized or deteriorated waterfront properties for water-dependent uses; To provide for CONTINUED and EXPANDED public access to the waterfront; To ENHANCE the Village's position as the commercial and business center of Southold Town; m m · \ / ~Haddam i Cl'. ~' "" '~ /~ Ne. Haven/. ~ ..,.o.. REEMpoRT Orient ~,~/'' This map was prepared for the New York State ~partmnt of Sta~e ATLANTIC OCEAN Coastal ~nage~nt Program with financial assistance from the Office of Ocean and At.spheric A~lnistration, provided under the Coastal Zone ~nagement Act of 1972, as a~nded. REGIONAL LOCATmON ~ Local Waterfront Revitalization ProBram A VILLAGE 0F GREENPORT 1 To CONSERVE and ENHANCE the strong residential character of established residential areas throughout the Village; To IMPROVE the Village's visual character and scenic quality; To PROVIDE necessary infrastructure improvements to accommodate development proposals in the waterfront and Central Business District. The Village of Greenport's Local Waterfront Revitalization Program has been developed in accordance with the New York State Waterfront Revitalization and Coastal Resources Act (1981) and related procedures, requirements and guidelines, promulgated by the New York State Department of State. The planning process, through which the Village's Local Waterfront Revitalization Program has evolved, included the following steps which are presented as they appear in the body of this document: 1. BOUNDARY DETERMINATION, in which the coastal area serving as the program basis for waterfront policies and activities is defined. INVENTORY AND ANALYSIS, in which conservation and development opportunities and constraints within the program area are identified and examined. POLICY DETERMINATION, in which the Village's governing body, the Village Board of Trustees, identifies those state policies applicable to the Village's coastal area and establishes additional sub-policies, specific to the Village, by which actions in the Village waterfront area will be reviewed for consistency. USES AND PROJECTS, in which specific proposals are presented regarding potential land uses and projects to be undertaken to advance the coastal policies. IMPLEMENTATION TECHNIQUES, in which specific management, legislation, funding and program strategies are identified or developed, including organizational structures, land use controls, local laws, local government capabilities and responsibilities, and necessary and appropriate State actions. IDENTIFICATION OF RELEVANT STATE AND FEDERAL PROGRAMS, in which State and Federal programs that may be necessary to further the implementation of the LWRP are identified. 7. CONSULTATION WITH FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES, in which agencies comment on the waterfront program as it is being drafted. LOCAL COMMITMENT, in which the Village Board of Trustees solicits public comment, approves the draft program, and transmits the LWRP to the New York State Department of State. 9. ENVIRONMENTAL CLEARANCE AND PRELIMINARY DRAFT SUBMISSION, in which the waterfront program is examined for impacts on the environment and the program is presented to Federal, State, regional, and local authorities as well as to the public for review and comment. 10. FINAL SUBMISSION, in which comments suggested in the prior step are incorporated in the program report and submitted to the New York State Department of State for approval. One of the major benefits of the Local Waterfront Revitalization Program is the concept of "consistency". With an approved program, the policies and purposes of the Local Waterfront Revitalization Program guide State, Federal and local agencies to ensure that their actions in the local waterfront area are consistent with the local program. The local program is also used to measure the consistency of actions proposed by the private sector. Another benefit to the Village is the financial and technical assistance available through the Department of State's Coastal Management Program for implementation of the local program. Once the program is approved, grants are available for research, studies, design development, and other necessary activities which serve to implement the various projects identified in the Local Waterfront Revitalization Program. Such grants can cover up to ten percent (10%) of the estimated cost of pre-construction activity. In addition, the Department of State will assist the Village of Greenport to identify and pursue other Federal and State funding sources. SECTION I. WATERFRONT REVITALIZATION AREA BOL~NDARY The State's Coastal Management Program has established statewide coastal boundaries in accordance with the requirements of the Coastal Zone Management Act of 1972, as amended, and its subsequently-issued rules and regulations. This previously designated waterfront revitalization area boundary for the Village of Greenport has been reviewed and reaffirmed during the Local Waterfront Revitalization Program planning process. As illustrated on Map 2, Coastal Area Boundary, the entire incorporated Village of Greenport lies within the coastal area boundary. The inland coastal area boundary in Greenport is coincident with the inland municipal boundary of the Village of Greenport. The waterside boundary of Greenport's coastal area is also coincident with the Village's legal jurisdiction and extends out from the shoreline into Shelter Island Sound encompassing the waters landward of the waterside boundary which connects Young's Point and Fanning Point. I-2 / / the Coastal Zone tlanage~f~nc Act of i~72, as amended. ! SCALE: t": 872' a~nir]g ~2 Pt Note - Coastal Area Boundary is coincident with municipal boundary. Youngs Pt COASTAL AREA BOUNDARY M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF G R EENPORT 2 mo SECTION II. INVENTORY AND ANALYSIS Table of Contents Regional Setting Historical Perspective Natural Components i. Topography and Landform 2. Soils 3. Ground Water, Surface Water, and Flood-Prone Areas 4. Vegetation and Wildlife D. Development Factors 1. Existing Land Use 2. Current Land Use Policy 3. Recreation Facilities and Public Access Opportunities 4. Historic Resources 5. Dredging Activity 6. Traffic and Parking 7. Population and Housing Characteristics 8. Con~nunity Services and Facilities 9. Municipal Utilities Pa~e II-3 II-3 II-5 II-5 II-6 II-7 II-8 II-10 II-10 II-19 II-22 II-24 II-27 II-28 II-28 II-29 II-29 II-2 SECTION II. INVENTORY AND ANALYSIS A. REGIONAL SETTING The Village of Greenport, approximately one square mile in area and bordering on Greenport Harbor and Shelter Island Sound, is located within the Suffolk County Town of Southold at the eastern end of the North Fork of Long Island (See Map 1, Regional Location). The Village is located 92 miles east of Manhattan, accessible from there in approximately two to two and one-half hours by vehicle traveling the Long Island Expressway (Interstate 495) and NYS Route 25 and/or County Road 48. Kennedy International Airport is located 90 miles west of Greenport, while Long Island's MacArthur Airport and Suffolk County's Airport at Westhampton are, respectively, 48 and 30 miles distant. Passenger railroad service to Greenport is currently limited to one train eastbound and one train westbound per day. Combination bus-train service and direct bus service from Greenport to New York City are, however, provided on a much more frequent basis. There is at present no railroad freight service east of Riverhead on the North Fork. Direct access to the South Fork by way of Shelter Island is available on a regular basis from Greenport via the North Ferry, Inc. and the South Ferry. In addition, the Orient-New London Ferry, located some 8 miles east of Greenport, provides a direct route to New England placing Greenport within easy reach of the Connecticut, Rhode Island and Massachusetts business and cultural centers. Of particular significance to the discussion of Greenport's regional setting is its strategic location as a commercial fishing port with respect to New England and mid-Atlantic Fishing Grounds and the New York City market area. B. HISTORICAL PERSPECTIVE In the early part of the nineteenth century a considerable part of what is now the Village was the farm of Captain David Webb. The event that commenced the development of Greenport as a Village was the sale of this farm "to those desirous of speculation" at an auction on the 23rd day of March in 1820. It was relatively soon thereafter, in 1838, that the Village of Greenport originally became incorporated. Greenport is Long Island's oldest incorporated Village. From about the time the Webb farm was sold, Greenport has served as the region's major port due to the naturally deep waters of Greenport Harbor. The whaling, fishing, and shipbuilding industries have historically provided the Village with its economic base employing thousands of people on its waterfront throughout the years. The history and sea-faring tradition of Greenport is described in excerpts from the Waterfront Development Opportunities in the Village of Greenport study prepared by the Long Island Regional Planning Board in 1980. II-3 k~aling activities occurred in Greenport from the early 1830's to 1849 with a peak in the 1840's. Huge schooners from all over the world sailed from Greenport and Sag Harbor while the whale fishery prospered along the northeast coast. The Gold Rush marked the decline of the whaling industry, as whaling vessels were converted to carry passengers. The decreased availability of whales, the American Civil War, and the development of petroleum as a fuel source all contributed to the eventual demise of whaling on Long Island's East End. By 1835, the use of menhaden (mossbunker) as a farm fertilizer had become well established on eastern Long Island. It became a local practice for a group of farmers to Jointly buy a seine or net, and a big round-bottomed "fishing smack" to catch "bunkers" for fertilizer. Menhaden were mostly used to produce fish meal and oil for paints. Large processing operations or "fish factories" were established along the Greenport waterfront by 1857. Greenport prospered due to the menhaden industry; 64 boats were in service and seven under construction in 1879. By this time, shipbuilding (pleasure craft, cargo vessels, fishing vessels) boomed in Greenport. The Greenport Basin and Construction Company, famous yacht builders, became a large repair and docking facility for menhaden vessels. (Today, the company is known as Greenport Yacht and Shipbuilding.) Menhaden vessels or "bunker boats" were said to have lined the shoreline along Main and Front Streets. Close to 90 "fish factories" operated along the local shores by 1883. The region's fishing fleet consisted of 83 steam-driven fishing vessels, and a portion of the 212 sailing vessels found in the area. Over 2,300 workers, including many blacks who migrated to the region from the south, were employed by the fishing and fish processing industries. The modernization of fishing and processing techniques, as well as a decrease in menhaden abundance, led to the eventual decline of the Greenport menhaden industry by the 1950's. New York State ceded oyster cultivation rights to underwater lands in Peconic/Gardiner Bays to Suffolk County in 1884 (L 1884, CH 884). Oysters dredged from L.I. Sound were brought to the clean waters of these areas and replanted to fatten them before harvest. Greenport developed a large oyster industry with processing houses located on the waterfront. About 500 were employed in 12 oyster companies on the Greenport waterfront in 1940. During the Christmas season, hundreds of railroad cars were loaded at the railroad station with containers of shucked oysters for transport to New York City. The great hurricane of 1938, which covered many productive oyster areas with sand, and increases in the cost of labor, operations, and shipping caused a gradual decline of the oyster industry. During World War II Greenport's shipyards again became very active building naval vessels under government contract. Thousands were employed and Greenport's population was over 5,000. However, the shipyards closed after the end of the war, and over the next 25 years the Village economy went into a severe decline and its population dwindled. The 1980 population was estimated by the Long Island Lighting Co. at 2,408. II-4 The mainstay of Greenport's economy during the years following World War II has been the fishing industry. By 1958, the processing of edible fish became an important activity in Greenport. Sea and bay scalloping, oyster farming and finfish processing continue to employ hundreds along the waterfront. In 1979, 41 commercial fishing vessels utilized Greenport's harbor for docking, offloading and sale of catch, fuel and ice service, the purchase of groceries and equipment, and repairs. In recent years, tourism has increased in the Village due to its seaport ambience and historic architecture. Greenport has become famous for its historic Federal, Greek revival and Victorian style buildings now about to be placed on the National Registry of Historic Places. Recreational boating has also centered in Greenport with the area's largest pleasure boats attracted to Greenport's deep and well protected harbor. With tourism and recreational boating demands ever increasing, dock space for commercial vessels is in very tight supply. This factor has forced many skilled fishermen to leave Greenport, or to go out of business. Compounding this dilemma is an ever increasing demand for the development of waterfront properties as tourist facilities or luxury condominiums." Today, the local labor market does not rely as heavily as it once did on the traditional maritime industries previously described; however, the majority of the local labor market remains oriented to fishing and shipbuilding occupations. It is the Village's highest local priority to see efficient use of Greenport's remaining waterfront commercial land for fishing, shipbuilding and other marine oriented facilities. C. NATURAL COMPONENTS The natural components inventory summarized here includes consideration of the following key components: 1. topography and landform; 2. generalized soils data; 3. ground water, surface water, and flood prone areas; and 4. vegetation and wildlife 1. Topography and Landform The topography of Long Island was primarily established during the last glacial period, the Wisconsin. Glacfal retreat left a series of moraines which extended along the northern portion of Long Island and throughout the North and South Forks. In general, this northern portion of Long Island is characterized by somewhat hilly glacial drifts, while the southern portion consists of a broad outwash plain sloping gently toward the Atlantic Ocean. II-5 Topographic relief within the incorporated Village of Greenport is limited. Greenport might generally be characterized as level, with elevations varying only mildly from mean sea level. A portion of the Harbor Hill moraine is in evidence north of the Village near Long Island Sound, where topography, more varied at an elevation of some 50 feet above mean sea level, is located. Relatively small, non-contiguous areas of beach are found in isolated instances along the shoreline of the Village. The prominent but small beach areas are located at: Sandy Beach and along the basin side of Beach Lane; Young's Point and lands immediately adjacent to the point; along the northwest side of Stirling Basin; and along the western shoreline of Greenport Harbor inclusive of Fanning Point and the area immediately to the west. (See Map 3, Natural Characteristics). Prior to the development of Greenport's waterfront, its shoreline consisted primarily of tidal marsh and larger beach areas. However, these natural features have been displaced by bulkheads, fill, and shoreline development which has occurred over the past century and a half. The shoreline of the Village of Greenport lies adjacent to a bight formed by Young's Point to the east and Fanning Point to the west. Deep water, 20 to 80 feet in depth, is generally located within 300 feet of the shoreline facing Shelter Island Bay. The channel at Greenport, in fact, has a natural depth of 40 feet and can accommodate some of the largest ocean-going vessels. In contrast, Stirling Basin is a narrow body of water extending north from the Sandy Beach sandspit having a depth of some 6 to 18 feet. Due to the constraint imposed by the relatively shallow waters of Stirling Basin, this waterbody is more suitable to harbor smaller commercial and recreational vessels than the larger vessels that can be accommodated in the channel at Greenport Harbor. In Stirling Basin there exists a Federal Navigation Channel where shoaling periodically occurs and necessitates dredging. Shoaling is most severe at the entrance to Stirling Basin causing problems for vessels attempting to gain access to or exit from the basin. (See page II-27 of this section for a more in depth discussion of dredging activity in the waters of Greenport). 2. Soils Soils in Greenport are generally classified as RhB, Riverhead and Haven soils, graded with 0 to 8 percent slopes. Included within the Village are areas of both Riverhead sandy loam and Haven loam which have been altered by grading operations. The Riverhead sandy loam is a well-drained, moderately coarse - textured soil with good internal drainage and rapid permeability. The Haven loam is a well-drained, medium-textured soil which formed in a loamy or silty mantle over stratified coarse sand and gravel. In an area as substantially developed as the Village of Greenport, it is not uncommon that the natural properties of many of these soils have been altered by grading and fill operations as well as other construction- related activity. These soil types do not pose a development constraint within the Village. Areas of soils classified as muck are also found in limited areas of the Village, where development is not anticipated, such as the regulated freshwater wetland contiguous to Silver Lake. This wetland, for instance, II-6 contains v~ry poorly-drained organic soils that formed from partially decomposed woody or herbaceous plants. The muck generally consists of a thick layer of spongy, dark organic material over loose sand and gravel. 3. Ground Water, Surface Water, and Flood-prone Areas The discussion of hydrology within the Village includes several important aspects, namely: a. ground water supply; b. surface water conditions; and c. flood-prone area considerations. Ground water supply: The Village of Greenport, like all of Long Island, depends on the groundwater aquifer for its water supply. Protection of the aquifer within Greenport and throughout the North Fork is a critical concern to the Village of Greenport. (For a more in depth discussion of the Village's groundwater supply, see page II-29 of this section). be Surface waters: There are a number of surface water bodies in Greenport. They include Silver Lake and Moore's Drain, both located in the northwest section of the Village, in addition to Stirling Basin and Shelter Island Sound, to the east and south, respectively. Water quality classifications for these surface waters have been established by the New York State Department of Environmental Conservation (DEC) as follows: Moore's Drain (tidal portion) SC Moore's Drain (non-tidal portion) D Silver Lake D Stirling Basin SA Shelter Island Sound (includes Greenport Harbor) SA Under the DEC water quality classification system, SC waters are described as "suitable for fishing and all other uses except for primary contact recreation and for the taking of shellfish for market purposes." Class D waters are suitable for primary and secondary recreation and fishing even though other factors may limit recreational use or inhibit the propagation of fish. Lastly, waters classified SA, including Stirling Basin and Shelter Island Sound, are "suitable for shellfishing for market purposes and for primary and secondary contact recreation." Ail wetlands within the boundaries of the Village of Greenport are wetlands regulated by the Department of Environmental Conservation. The Silver Lake freshwater wetland system, which includes the wetlands of Moore's Woods and the non-tidal portion of Moore's Drain, is greater than 12.4 acres and is, therefore, a regulated freshwater wetland. The tidal waters and associated sparse wetland vegetation associated with the saline water bodies of Moore's Drain (tidal portion), Stirling Basin and Shelter Island Sound are regulated by the DEC as well. II-7 The near shore ~.aline waters of Greenport Harbor and Stifling Basin used to be well known for the harvesting of hardclams and oysters. Deteriorated water quality, resulting from the loss of valuable wetlands caused by intensive bulkheading and development of the Village's shoreline, boating activity, and stormwater runoff from Village roads and developed properties, caused the DEC to close these waters in Greenport to shellfishing back in the early 1960's. A program authorized in the early 1980's by DEC allowed shellfishing on a conditional basis during select dry periods when there was little or no runoff being generated by rainfall. However, the program was discontinued shortly after its inception due to the insufficient amount of shellfish found, the cause of which was attributed to poor water quality as a result of storm water runoff. Flood-prone areas: Substantial land areas within the Village have been designated by the Federal Emergency Management Agency (FEMA) as potential flood hazard areas. Within these designated areas, minimum federal criteria for regulating development within the flood plain, as prescribed by the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, have been incorporated into local land use and development regulations (Chapter 40, Flood Damage Prevention Law). A detailed "Flood Insurance Study" was published for the Village of Greenport on December 15, 19g2. This study resulted in the preparation of a Flood Insurance Rate Map (FIRM), last revised October 16, 1984. Four (4) major areas in the Village are identified as being prone to a 100 year flood. (A flood that has a 1% chance of occurring each year and is expected to occur once on average during any i00 year period). These areas include the following: the Village's entire shoreline; Silver Lake and the immediate area around the Lake; a corridor that extends through the business area connecting the flood prone areas of Silver Lake and the Village's waterfront; and the western portion of Moore's Woods. Coastal high hazard areas (V-zones), where high velocity waves occur during storms and floods, exist in the Village along Stirling Basin and Greenport Harbor. (See Map 3, Natural Characteristics). The Village adopted a Flood Damage Prevention Law in 1983 which incorporates the ~lood Insurance Rate maps and regulations promulgated by the Federal Insurance Administration. This law was established to prevent d~ge to property through the regulation of all development in flood prose areas. 4. Vegetation and Wildlife Principal vegetatio~z throughout the residential portio~ of the Village of Greenport is typ~cat of a residentially-developed area, that being landscaped lawns, pla~ted $~rubbery., and a variety of common trees such a maples and oaks. More demse vegetation and a more d~verse Ym~tety of species can be foumd on some of the Village's vacamt ~z~als amd i~ the Moore's Woods watershed conservation area. Ye.get~tion ~ound in comauercially developed areas of the Village's waterfront and business district is very spar~, but includes some maritime vegetat~oa and street trees, respectiv~Y. The maritime shrubland areas arc found at Sandy Beach, Stirl~-g Creek and Fanning Point. II-8 ~nle~ B~ue ZONE A / / Ihis Tnap was prepared for the New York State Department of State Coastal ~ana§o~;ent Pro§rain with financial assistance from tho Office of Ocean and Atmospheric Adnlinistration, provided under the Coastal Zone Mana(yement Act of 1972, as amended. \ \ \ \ \ ZONE A, - ZONEA SCALE: l": 872' 0~,(~:)__ 0 436 872 ! Fanning Pt ZONE V andy ZONE Youngs Pt LEGEND 100 YF_AR FLOOD H~Z~RD ~OUNDARY ~(~ & V Z~ D~I~ ,~) NATURAL CHARACTERISTICS M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF G'REENPORT 3 Wildlife in the developed portion of the Village is limited to those wildlife species typically found in deve.~oped suburban communities such as the gray squirrel, eastern cottontail, eastern chipmunk, white-footed mouse and various other small mammals. The watershed conservation and wetland areas of Moore's Woods and less developed areas of the surrounding Town of Southold support a wider and larger variety of wildlife. D. DEVELOPMENTAL FACTORS The developmental factors inventory summarized in this section includes consideration of the following components: 1. existing land use; 2. land use policy; 3. recreation facilities and public access opportunities; 4. historic properties; 5. dredging activity; 6. traffic and parking; 7. population and housing characteristics; 8. community services and facilities; and 9. municipal utilities. 1. Existing Land Use Waterfront Area The Village of Greenport waterfront extends from the west side of Young's Point around Stirling Basin and continues along through the Central Business District (CBD) to the west side of Fanning Point. For identification and discussion purposes, the Village waterfront area is divided into three waterfront areas as shown on Map 4, Existing Land Use. From Young's Point to Fanning Point the three waterfront areas are: Waterfront Area 1 - from Young's Point along Stifling Basin to and inclusive of S.T. Preston and Son, Inc; Waterfront Area 2 - from and inclusive of Claudios Restaurant and Marina along Greenport Harbor to and inclusive of the Long Island Rail Road property; and Waterfront Area 3 - from just south of the Long Island Rail Road property along Greenport Harbor to the west of Fanning Point. II-10 U,~L Y P&RK inlet i~ond \ \ \ \ \ \ ~'oungs Pt Blue / / / / / /~ / I PiP e,~ SCALE: I"= 872' 0 436 872 Farm Pt % % % lng \ \ LEGEND EXISTING LAND USE M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF G R EENPORT 4 Waterfront Area 1 Land use bordering on the east side of Stifling Basin within the boundaries of the Village of Greenport includes seasonal housing, a municipal park, cemetery, and marine connnercial. The Sandy Beach sandspit runs northwest from Young's Point and contains both seasonal housing and Sandy Beach park. Both Sandy Beach and the nearby St. Agnes Cemetery are zoned for single family residential use. The cemetery is bordered by Brewers Yacht Yard to the southeast and Stifling Harbor Shipyard Marina to the northwest; both marinas are zoned for waterfront commercial use. Land uses occurring on the west side of Stirling Basin include residential, marine commercial and institutional. The Triangle Sea Sales and Boat Yard and Pell's Fish market are bordered by residential property and are Just north of the Eastern Long Island Hospital. Residential property is also located southwest of the hospital property. The remaining property on the west side of Stirling Basin contains the Townsend Manor Inn and Marina, Hanff's Boat Yard, private residences, Preston Marine Contractors, several small private recreational docks, and a bulkheaded vacant lot owned by Winter Harbor Fisheries, formerly owned by Marine Associates. This vacant grass covered parcel of land is bisected by Stirling Avenue and Stifling Street. The shoreline of this property contains 130 feet of maintained bulkhead, with t~e-up pilings placed off-shore along its length. (See Map 5, Existing Underutilized Waterfront Sites). Ail of the property on the west side of Stirling Basin is zoned for waterfront commercial use, with the exception of the (1) Townsend Manor Inn, which is zoned for retail commercial use; (2) single family residentially zoned property between the Eastern Long Island Hospital and the Townsend Manor Inn; and (3) one and two family residentially zoned property between Hanff's Boat Yard and Preston Marine Contractors. The harborfront area, from the mouth of Stifling Basin to S.T. Preston and Son, Inc., is zoned for waterfront commercial use with the exception of a small stretch of one and two family residentially zoned property. The Winter Harbor Fisheries shellfish processing plant is located at the mouth of Stirling Basin. Residential condominiums, developed on property zoned for waterfront commercial use, are located on the site of the former Sweet Shipyard fishery facility which separates the Winter Harbor Fisheries shellfish plant from the single family residences to the south. Cooper's Fish Processing Co. and the Greenport Yacht and Shipbuilding Co. lie south of the residential property, and between these two businesses is the deteriorated and abandoned Barstow Shipyard. The County- owned Barstow shipyard site (1.5 acres) is located east of Carpenter Street and south of Bay Avenue on Greenport Harbor. More than half of this site is developed with unused boat storage buildings. The remainder of this parcel is cluttered with abandoned, derelict vessels. The waterfront portion of this site consists of 100 feet of deteriorated bulkhead and half sunken vessels. (See Map 5, Existing Underutilized Waterfront Sites). Eleven major water-related businesses are located within this waterfront area. Waterfront Area 2 Ail waterfront properties within this waterfront area are zoned for waterfront eonnnerclal use. The establishments located along this short, but busy stretch of waterfront include Claudios Restaurant and Marina, II-12 :~ond CTt.r;TY Blue [ Green' \ I '--., Moores I)ra$~ SCALE: I"= 872' 0 436 872 Tills map was prepared far the , .. York State Bepartr:ent of State Office of Ocean and Atmospheric ~dministration, provided under the Co,~sta] Zonr Hanagcn~nt Act of 1972, as amended. Youngs Pt \ \ \ annln8 / x ~ LEGEND / 1. WINTER H3~OR FISHERIES SITE 2. BARSTOW SHIPYARD SITE 3. ~,f. P~ 4. ~ S~'t~ (~t ~on) 5. ~ IS~ ~ SI~ 6. 'S~ ~IL SI~ EXISTING UNDERUTILIZED M WATERFRONT SITES A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF G R EENPORT 5 White's Bait Shop, Mitchell's Marina and Restaurant, East End (Marine) Supply Co., Shelter Island-Greenport Ferry Co, and the Long Island Rail Road terminal and commercial fishing dock. Just north of the Shelter Island-Greenport Ferry Co. terminal, as the shoreline bends northeast, is a developed site that contains a building that has been transformed from a Bohack supermarket to a mini-mall. The former Bohack supermarket site now contains six or so small retail stores and a parking lot. Five major marine related businesses are located within this waterfront area. The Mitchell property (3.5 acres) is located between Main and Third Streets and is bordered by Front Street and Greenport Harbor to the north and south, respectively. Existing development on this site includes a bar/restaurant and a large paved area that covers most of the site. The waterfront portion of this parcel contains 500 feet of shoreline, with 1,200 feet of deteriorating bulkhead, and six long wooden docks that are in poor condition. These dock spaces currently provide docking for charter fishing boats. The East End Supply Company and the Greenport Post Office border the Mitchell property to the west. Several small marine co~nercial businesses are located along the eastern edge. The vacant portion of the Bohack property (.3 acre), is located between Third Street and Greenport Harbor. This site has approximately 200 feet of sandy shoreline between the Mitchell property and the Shelter Island Ferry terminal. A variety of commercial and marine commercial uses border this site. The LIRR property and dock (7 acres) is located at the southerly terminus of the Third Street and the main line terminus of the railroad in Greenport. The rail station will soon be converted to the Village police station and the freight depot is used as a warehouse. Most of the property is used for parking or is vacant. There is approximately 320' of bulkheading and a large dock recently constructed for use by commercial fishing vessels which is in very good condition. Residential areas border the southern and northwestern portions of this site. The dock abuts the Shelter Island - Greenport Ferry Company land and parking facility to the north. Waterfront Area 3 Residential land use dominates the shoreline south of the commercial fishing dock, with the exception of the abandoned Socony Mobil Oil Co. storage terminal north of Fanning Point and the Village's Fifth Street Park property. The Socony Mobil property (2.6 acres) was once used as a waterfront oil storage terminal. Although the terminal is no longer active, the structures remain. There is 600 feet of bulkheading at this site along the waterfront of Greenport Harbor. Residential areas are located to the northwest and west of this site (See Map 5, Existing Underutilized Waterfront Sites). The site of the former Old Oyster Factory Restaurant is being redeveloped for high-density residential use. This site is located at the eastern tip of Fanning Point, south of the abandoned oil terminal. On the west side of Fanning Point, the site of the old oyster shucking factory is also in the process of being redevelopsd for high-density residential use. All of the property south of the railroad II-14 dock is zoned for one and two family residential use, with the exception of the two properties being converted to high-density residential use which are zoned for waterfront co~ercial use. Existing Water-Dependent Uses The following list provides the names and respective functions of the existing major water-dependent facilities on the Village of Greenport waterfront. The respective location of each water-dependent facility listed is shown on Map 6, Existing Water-Dependent Uses. Waterfront Area 1 1. Brewers Yacht Yard - recreational boating oriented marina with storage facilities; 2. Stifling Harbor Shipyard Marina - recreational boating oriented marina with inside and outside storage facilities, restaurant and bar; 3. Pell's Fish Market - retail seafood market and major seafood shipping facility. Pell's Fish Market is the main offloading point for local pound and gill net fishermen; 4. Triangle Boat Yard - engine and hull repairs, outside storage; 5. Townsend Manor Inn and Marina -dockage for transient vessels, restaurant, hotel, lounge; 6. Hanff's Boat Yard inside and outside storage, boat sales, complete engine and hull repair, boat building; 7. Ralph T. Preston, Inc. - marine contracting company which erects docks, Jetties, bulkheads; 8. Winter Harbor Fisheries - shellfish processing plant; 9. Cooper's Fish Processing Co. - finfish processing plant; 10. Greenport Yacht & Shipbuilding Co., Inc. - three railways, ~nside and outside boat storage, complete engine and hull repairs, marine hardward; 11. S.T. Preston supplies; Waterfront Area 2 12. and Son, Inc. - dock space for transients, marine Claudio's Restaurant and Marina, Mobil Docks - dock space for both recreational and commercial vessels, restaurant and lounge; 13. A.P. White Bait Shop - tackle, bait and charter boat reservations; II-15 Triangle Sea Sales and Boat Yard Pell's Fish Market Stifling }{arbor 'Shipyard Ma?ina Townsend Manor .~nn Hotel and Marina Hanff's Boat Yard Ralph .T, Preston Inc, :! Winter Harbor Fisheries Cooper's Fish Processing Co. · /~ Greenpo~t Yacht and Shipbuilding Co. Inc. S. T. Preston and Soa, Inc. '~.~'~ Claudio's Restaurant and Marina, Mobil Docks A, P. White Bait Shop Mi.'cheil's Marina and Restaurant East End Supply, Co. Shelter Island - Greenport Ferry Co, C~L,~ercial Fishing Dock Local Waterfront Revitalization Program VILLAGE OF C4~I~qPORT This map was prepared for the New York State Department of State Coastal Management Program with financial assistance from the Office of Ocean and Atmospheric Administration, provided under the Coastal Zone Management Act of 1972, as amended. 14. Mitchell's Marina and Restaurant - dockage, restaurant and lounge, construction of a luxury motel and marina are being considered; 15. East End Supply Co. - marine supplies; and 16. Shelter Island-Greenport Ferry Co. - provides regular ferry service to and from Shelter Island. In recent years, great increases in the number of recreational boats and demand for docking facilities to accommodate them have nearly eliminated the availability of dock space for commercial fishing vessels. In response to this need to provide dock space for commercial fishing vessels, the commercial fishing dock at the LIRR property was recently constructed with assistance from various government agencies. Currently the dock is available only to commercial fishing vessels having a minimum length of 50 feet and a maximum length of 150 feet. A maximum three day layover is permitted. Currently, the docking needs of local commercial fisherman with relatively small fishing vessels are not being met. As existing waterfront facilities and new waterfront development increasingly serve the needs of recreational boaters, new dock space must be established to accommodate locally operated small scale fishing vessels as well as charter and/or party fishing vessels, and tour boats. A case in point is the possible redevelopment of the Mitchell property which might displace two party fishing boats, a Connecticut tourboat, and several small locally operated commercial fishing boats. These vessels serve the goals of the Village which is to retain its commercial fishing heritage and character as well as to promote tourism. No alternate sites have yet been found to accommodate these vessels. Three water-dependent firms of the sixteen listed are actively engaged in the sale, packaging, and processing of commercial fish catches. They include Pells Fish Market, Cooper's Fish Processing and Winter Harbor Fisheries. Cooper's Fish Processing and Winter Harbor Fisheries processing plants are the remaining major fish processing facilities on Long Island. This represents a sharp decline in the number of fish processing facilities which used to exist on the Greenport waterfront, as described earlier in this section. There has also been a similar decline in the number of water-dependent ship building and repair facilities. The remaining major facility which specializes in this craft is the Greenport Yacht and Shipbuilding Company. Existing Underutilized Waterfront Properties Not too long ago, Greenport's waterfront was considered to have an overabundance of underutilized commercial waterfront real estate available for redevelopment. As recently as the late 1970's, there were nine sites totaling 24.6 acres which were available for water-dependent redevelopment. Included in this category were the following sites: the oyster shucking factory, Old Oyster Factory Restaurant, Socony Mobil, the LIRR, Bohack and Mitchell properties, Barstow Shipyard, Sweet Shipyard, and the Winter Harbor Fisheries (formerly Marine Associates) property. II-17 The oyster shucking factory, Old Oyster Factory Restaurant, and Sweet Shipyard sites, which account for 10.5 acres, have been or are being redeveloped for high-density residential use. The larger of the two-lot Bohack property has been recommitted to retail use. The remaining portion of the site, which constitutes about a third of an acre, remains vacant. In addition to the newly reconstructed co~nercial fishing dock, portions of the seven-acre LIRR property are planned for municipal support services. As a result of the above actions, waterfront properties that remain underutilized and uncommitted at this time are Socony Mobil, a small portion of the Bohack property, the unused portion of the LIRR site, the Mitchell property, the Barstow shipyard site, and the Winter Harbor Fisheries (Marine Associates) property. These six sites have a combined acreage of approximately 10 acres. (See Map 5, Existing Underutilized Waterfront Sites.) It is clear that non water-dependent uses, particularly high-density residential, are competing for the limited amount of remaining waterfront property. Unless strong zoning measures are taken to regulate this type of encroachment, this trend is likely to have s severe impact on the Village's commercial fishing and boating industry, and working waterfront character. Beyond the waterfront area described in the previous paragraphs, there is little vacant land that is privately owned suitable for new commercial or residential development. A brief description of the Village's other land use categories are provided below. Central Business District The Central Business District (CBD) includes the area bounded by Third, Center and Carpenter Streets and Greenport Harbor, with the exception of residential properties in the northwest section of this area. This area encompasses Waterfront Area 2. Most of the Village's retail commercial uses are established in this area and are generally concentrated along Front Street eastward from Fourth Street to Main and then north on Main to the vicinity of Park and Center Streets. The establishment of a coordinated program of building rehabilitation, infill development and public improvements is needed ~n the CBD in order to improve the visual attractiveness and economic vitality of the Village. The preparation of a design and improvement guide for the CBD would greatly assist the Village in this effort. Such a design and improvement guide would stipulate specific design plans for building and street-scape improvements, as well as identify the location of needed pedestrian and visual corridors. The development of a modest pedestrian corridor system linking the CBD to the waterfront area would help to create much needed visual and pedestrian access to the Village's waterfront, and would greatly enhance the tourist experience for those visiting Greenport. Residential Areas Residential development patterns dominate the Village landscape beyond areas used for waterfront commercial, commercial and open space uses. II-18 Residential areas are located in the northeast and southeast portions of the Village. Residential units throughout the Village are principally one- and two-family structures. These structures reflect the architectural diversity present throughout the nineteenth century development of the community, and they include fine examples from each of the following periods: Greenport Vernacular Greek Revival Italianate Second Empire Queen Anne Bungalow 1820-1850 1820-1860 1840-1880 1850-1890 1880-1900 1890-1940 Open Space Areas The vast Moore's Woods property and other municipally owned properties that are used for park purposes comprise the considerable open space patterns in the Village. These areas are discussed more thoroughly in this section beginning on page II-22. Institutional Uses Principal institutional uses, other than municipal facilities which are discussed later in this section, include the 3.4 acre Green Hill Cemetery north of Webb Street, and various church and school properties. The most substantial of these is St. Agnes's Roman Catholic Church and School at Sixth and Front Streets. 2. Land Use Policy The most significant statement of land use policy within the Village of Greenport is the Village's Zoning Law, Chapter 85 of the Cods of the Village of Greenport. As illustrated by Map 7, Existing Zoning Patterns, the Zoning Law divides the Village into five zoning districts: W-C R-1 R-2 C-R C-G Waterfront Commercial District One-Family Residence District One- and Two-Family Residence District Retail Commercial District General Commercial District The uses allowed in the W-C District include water-dependent commercial and recreational uses, and water-enhanced uses. Most of the land use in Waterfront Area 1 is traditional water-dependent commercial and recreational. Land use in Waterfront Area 2 is changing from traditional water-dependent commercial use to water-dependent recreational use. Land use in Waterfront Area 3 is primarily non water-related high-density residential. II-19 Blue L.._o .... ! Green z'z .2~itver Moore$ W-C / / Pipe~ SCALE: 1": 872' 02~ Fannin~ o 4~6 872 Pt This map was prepared for the !lc:, York State Der, artrent of State Office of Ocean and ?,tmospheric Administration, pro~ided under' the Coastal Zone !'lana!le,~nb ?,ct of I972, as ahqended. Youngs Pt LEGEND W-C ~'~,~-,~Ra,,rr C-R ~]~',r_~'r. ~ C-G ~ R-1 (:I'd]~-F~LY R-2 !ou]~- ~ EXISTING ZONING PATTERNS M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF GREENPORT 7 All the properties zo,~ed Waterfront Commercial in Waterfront Area I, with the exception of the former Sweet Shipyard site that is in high-density residential use, are developed with traditional water-dependent commercial and recreational uses. To protect and maintain the traditional commercial fishing and ship craft uses, as well as the existing, non-traditional water-dependent marina and yacht club recreational uses, water-enhanced uses, which are currently allowed in the Waterfront Commercial Zone of Waterfront Area 1, should be eliminated. A W-C1 zone, permitting only water-dependent uses should be created. By making this zoning change, the potential for encroachment by conflicting water-enhanced uses in water-dependent use areas is eliminated. The former Sweet Shipyard site, developed in high-density residential use, should be given a new zoning classification, R-3, in which only high- density residential use is permitted. This change would make the zoning at this site consistent with the existing use. Unlike Waterfront Area 1, where there is only one water-enhanced use among the many water-dependent commercial and recreational uses, there are many water-enhanced uses within the Waterfront Commercial Zone of Waterfront Area 2. These consist mostly of retail shops and restaurants concentrated along the east side of Third Street, the south side of Front Street, and the west side of Main Street. The mix of water-dependent and water-enhanced uses in this area is desirable because of the sea-side resort ambience that is created by such a mix. However, the potential for water-enhanced uses being developed on the waterfront, immediately adjacent to the water's edge should be eliminated. The land area immediately adjacent to the water's edge should be reserved for water-dependent commercial and recreational uses. Making water-enhanced uses subject to special permit conditions would provide greater control as to where these uses are located on the site. A new W-C2 zone, permitting water-dependent uses and water-enhanced uses under special permit conditions, should be created. Waterfront Area 3, where waterfront parcels have been redeveloped in residential use, should be maintained in residential use, and zoned accordingly. The two sites on Fanning Point, the former oyster shucking factory on the west side and the former Old Oyster Factory Restaurant on the east side, which are undergoing redevelopment to high-density residential use, should be rezoned to the new R-3 classification previously discussed. The C-R District generally provides for retail, personal service, office, institutional, lodging, marina and docking facilities as permitted uses. Marina and docking facility use is inappropriate in the CR District since only one site zoned CR, the Townsend Manor Inn, is on the waterfront. Ail other parcels are located inland and do not have water frontage. The Townsend Manor Inn should be incorporated into the new W-C2 zone, because of its mix of water-dependent recreation and water-enhanced restaurant uses; these uses are compatible with the allowed water-dependent and water-enhanced uses in the proposed W-C2 District. II-21 The C-G District allows for ~he C-R permitted uses as well as non-personal service establishments, motor vehicle-related facilities, and light manufacturing and wholesale uses. In general, the R-1 District limits permitted uses to single-family detached dwellings and municipal facilities, while the R-2 adds two-family dwellings to the list of permitted uses. Each residential district also provides for institutional uses and required utility uses by special permit. Minimum lot area within the R-1 District is 10,000 square feet; the R-2 District requires a minimum of 7,500 square feet for a single- family dwelling and 10,000 square feet for a two-family dwelling. Close to 260 acres of Village-owned properties, including those used for recreational purposes, are inappropriately zoned for residential or commercial use. These properties include Moores Woods, Silver Lake, Sandy Beach Point, Third Street Park and Fifth Street Park. The Village zoning code should be amended to establish a Park District, which would protect public uses, particularly recreation. 3. Recreation Facilities and Public Access Opportunities The Village of Greenport provides active and passive recreational opportunities at seven Village owned properties and at the Jointly owned Village/Town boat ramp. The boat ramp facility, Fifth Street and Sandy Beach parks are located on the waterfront and provide public access to the shoreline. Roads within the Village and Town are adequate to provide access to all of the Village recreation facilities. Waterfront Fifth Street Park, approximately 2 acres in size, is between Fifth and Sixth Streets between Johnson Place and Shelter Island Sound. This park includes playground/recreation facilities and an extensive community beach area. Significant rehabilitation and expansion of this site is currently underway. Adequate parking facilities exist on this site. The 1 acre Sandy Beach property is located on the west side of Young's Point. Recreational use of the property is limited to passive pursuits due to the small area of the site and the delicate nature of the dune land soils and beach grass vegetation serving to stabilize the landform and prevent erosion. No parking facilities are provided on this site nor are they desired or appropriate. The boat ramp located on the east side of Stifling Basin is Jointly owned by the Village of Greenport and the Town of Southold. Adjacent to the boat ramp, located in the Town of Southold, is a parking area approximately ½ acre in size for those who use the boat ramp. Inland The vast 240 acre Moore's Woods property which dominates the northwest portion of the Village. Use of this property is limited 11-22 to passive recreation pursuits due to {:s importance as a watershed and the presence of the extensive Silver Lake fresh water wetland system. Curt Breeze Memorial Field (Polo Grounds) is a 12.6 acre community recreational facility located at the southwest corner of Moore's Lane within the Village of Greenport. The ballfields at this location receive intensive community use, and occasionally require reconditioning. Adequate parking facilities exist for this site. Third Street Park is approximately ½ acre in size, and is located at the corner of Third and Center Streets. It serves as an active neighborhood playground/recreation site. Reeve Memorial Park, located between Main and First Streets, immediately south of Webb Street, and a "vest pocket park" on Adams Street are smaller, passive open spaces that might be characterized as "bench parks". Opportunities for gaining increased pedestrian access to the waterfront for citizens of the Village and visitors can be achieved by utilizing small land areas at the end of Village streets. The following sites have been identified as having the potential to become waterfront mini-parks through very modest improvements: the east end of Wiggins Street (privately-owned) the LIRR site immediately south of the existing fishing dock the end of Bay Avenue a portion of the narrow section between Stifling Street and Stirling Harbor (privately-owned) the area east of the south end of Fifth Street, in conjunction with the existing park Stifling Place extended at the end of Stirling Basin Another opportunity to provide waterfront access for Village residents and the general public is the development of a pedestrian harborwalk from the railroad station to the vicinity of Claudio's Restaurant. To make this opportunity successful, prespective easement, easement acquisition, tax inducements, and zoning incentives could be used. Such a walkway could connect to Front Street thereby forming a circumventive walkway within the Village CBD. Such a walkway would allow visitors to observe Greenport's working waterfront, observe views of picturesque Shelter Island Sound, and provide an alternate access route to the Village's commercial center for those exiting the Greenport-Shelter Island Ferry. The Village would like to establish access to the waterfront at the privately-owned Socony Mobil site. Ideally, the Village would like to acquire this site and transform it into a waterfront park for passive and active use. The use of the Socony Mobil site as a municipal waterfront II-23 park would provide the public with an alternative w~terfront site for water-related recreational activities. Currently, the only waterfront park in the Village which is suitable for active recreation is the heavily used Fifth Street Park. This site might also be used for marine-related education, science and research. A wider variety of recreational opportunities is available to Greenport residents at nearby County and State park facilities. Peconic Park and Goldsmith's Inlet Park are both County-operated facilities located west of Greenport on Long Island Sound. Orient Beach State Park, located eight miles east of the Village, includes over 350 acres and offers picnicking, a bath house and bay bathing. Norman Klip Park at the end of Manhasset Avenue provides both bathing and small boat launching facilities. 4. Historic Properties The following excerpt is taken from the National Register of Historic Places Inventory-Nomination Form of the Department of Interior National Park Service. This excerpt describes the historic resources within the established historic district which have been listed on State and Federal Registers of Historic Places. The description does not include all Village historic resources. However, as the only established district, it does represent the largest concentration of historic structures in the Village. In the near future, the Village intends to identify, in cooperation with the N.Y.S. Office of Parks, Recreation, and Historic Preservation, the historic resources outside of the historic district for possible nomination to the State and Federal Registers. Map 8 illustrates the boundary of the Village Historic District. The Greenport Village Historic District consists of a dense concentration of (primarily wood frame) residential and commercial structures radiating out in a fan shape from the Village's Main Street waterfront business district (on the south). This large district comprises surrounding areas of nineteenth and early twentieth century development. The district includes all of Main, First and Carpenter Streets, the 600 block of Second Street, and structures on east-west streets that intersect with Main and Carpenter. The district is defined on the east and south by Greenport Harbor and on the north and west by adjacent residential and commercial areas comprised of altered historic or modern structures. There are 264 buildings within the nominated district, with 254 contributing historic structures and ten non-contributing structures. The entire collection of historic resources represents all periods of settlement and growth in the Village. Stifling Street, Just south of Stirling Bay, comprises the nucleus of Greenport's early settlement. Although somewhat altered, Stirling Street contains examples of simple frame Long Island residences dating from the mid-eighteenth century; examples include 190 Stirling Street (c. 1750) and 165 Stifling Street (c. 1760). Lower (south) Main Street is the most densely developed area within the district and contains primarily frame commercial structures dating from Greenport's rapid mid-to-late nineteenth century development. Some are primarily functional, exhibiting few stylistic details (102-106 Main, c. 1880; 111 Main, c. 1845; 112 Main, c. 1895; II-24 Blue ,%, ann~n~ Pt Pip e e N C5 SCALE: I"= 872' foungs Pt HISTORIC DISTRICT M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE 0 F G R E ENPORT 8 118 Main, c. 1900; 138 Main, c. 1870). Other commercial structures are more ornate; examples in this group - 208 Main (c. 1860), 210-212 Main (c. 1880), 219 Main (c. 1850) - were constructed or remodelled in the Italianate style. The middle section of Main Street (between Park and Broad Streets) and Carpenter Street retain dense collections of residences representing the various phases of nineteenth century Village development. Although many of these structures are simply designed, some illustrate popular American architectural styles including the Federal Period (635 Main Street), the Greek Revival (505 Main Street and 634 Carpenter Street), and the Italianate (433 Main Street). Upper Main Street (south of Webb Street), First Street, and sections of Bay and Central Avenues contain large concentrations of mid-to-late nineteenth century, middle-class Village residences. Many of these primarily single family frame houses were modestly decorated in architectural styles fashionable during the last half of the nineteenth century. Simple and ornate variations of the Italianate and Second Empire styles are widely represented along First Street, and mid-nineteenth century Greek Revival residences can be found in each of the areas mentioned above. Northern Main and Stifling Street in Greenport's Murray Hill neighborhood contain notable turn-of-the-century (1900) examples of the Queen Anne and Colonial Revival Styles including 802 Main (c. 1900), 809 Main (c. 1895), 817 Main (c. 1900), contrasting in scale and detail, with several largely intact early twentieth century bungalows at 171, 173, 182 Stirling Street. An intact vernacular bungalow also appears at 642 Carpenter Street. Notable examples of the colonial Revival style are found at 14 Broad Street (c. 1910) and 152 Central Avenue (1903). Turn-of-the-century houses constructed for the working class, rather than for merchants, ship captains, or ship owners, are primarily located on the cross streets east and west of Carpenter. Included in this category are two duplexes at 126 - 128 and 135 - 137 Ludlam Place, both with simple Queen Anne style detailing, constructed by local architect/builder Jessee Reeve. In addition, examples of a mid-nineteenth century local residential building type consisting of a two-story, three-bay gable roofed house, often L-shaped in plan, are found throughout the district. This house type was frequently used by local builders and often incorporates simple Greek Revival and Italianate style details. Components of this group include : 912 Main, c. 185 (built by Hudson Corwin); 141 Central Avenue, c. 1890; and 617 and 621 Second Street, c. 1875 and 1870 respectively. Generally, the Greenport Village Historic District is densely developed yet low in scale (two to three stories). The buildings which constitute the district represent the largest concentration of relatively unaltered historic resources within the Village. The structures which lie outside the nominated district to the west in both the commercial (Front Street) and residential areas have experienced extensive alteration and/or these areas contain new construction and do not possess sufficient architectural integrity to be included within the Greenport Village Historic District. 11-26 The Village's significant historic resources are a primary reason why tourism bas increased steadily over the past few years, thereby supporting and stimulating the economy. Preservation of these resources is important if tbs Village is to maintain its attractiveness to residents and visitors alike. The Village intends to create an historic preservation local law to protect not only the historic resources found within the historic district listed on the State and Federal Registers of Historic Places, but to protect the significant resources found throughout the Village. Two one-mile square sites shown on the New York State Historic Preservation Office Site File Map, and one, one-mile diameter site shown on the New York State Archeological Site Locations Overlay Map, are sites within or near the Village of Greenport having the potential of being archeologically significant. Given the possibility of zones of archeological sensitivity within the waterfront area, public agencies undertaking activities shall consult with the State Office of Parks, Recreation, and Historic Preservation to determine whether significant archeological resources are present at the site and what measures are necessary to preserve these resources. Ail practicable means shall be used to preserve significant archeological resources. 5. Dred~in~ Activity Two locations in Village waters require dredging on a periodic basis. One location is the Federal Navigation Channel in Stirling Basin, particularly at the entrance to the basin, and the other location is the commercial fishing dock at the LIRR property. From the time the Federal Navigation Channel was completed in 1939, Stirling Basin has been dredged three times, in 1959, 1963 and 1976. The amount of cubic yards dredged were 163,900, 129,200, and 12,000, respectively. Wetlands by the St. Agnes Cemetery were formerly used as a disposal site. The current disposal site is the back side of the inlet adjacent to Beach Lane. The dredge spoil material is used for beach nourishment. Dredging activity is required in this area to allow pleasure and commercial fishing vessels to pass freely in and out of Stirling Basin. The other location where dredging has occurred, in the vicinity of the commercial fishing dock, was last dredged by Suffolk County in 1983. The purpose of dredging in this area is to ensure sufficient depths for large commercial fishing vessels to gain access to the newly constructed fishing dock. The quantity of dredge spoil amounted to 41,700 cubic yards and was disposed offshore between Greenport Harbor and Dering Harbor in Shelter Island Sound. 6. Traffic and Parking Primarily due to tourism, the passenger ferries of Orient Point and Shelter Island, and the resulting vehicular use, high traffic volume ~s a major problem during the summer season in Greenport's CBD. Traffic circulation, parking and pedestrian improvements are urgently needed. II-27 Residents and particularly merchants of the Village have serious concerns about safe and convenient traffic circulation and the provision of adequate parking. Specific concerns include the following: a. The problem of all-day parking in front of business establishments by owners and employees. b. The need for additional off-street parking facilities with convenient access. Difficulty in meeting zoning requirements which require off-street vehicle parking spaces for each employee and for each 300 square feet of floor area in the commercial and waterfront districts. d. Traffic congestion, especially during summer months, on Front and Main Streets. e. The ability of Front and Main Streets to comfortably handle commercial traffic. An anticipated worsening of traffic conditions because of the projected 100 percent passenger increase in Cross Sound Ferry service from Orient Point to New London. g. Projected congestion in the vicinity of Wiggins and Third Streets due to the expected increase in Shelter Island Ferry traffic. A traffic study will be conducted to further analyze these concerns and to offer possible solutions. 7. Population and Housin8 Characteristics Population According to the United States Bureau of the Census, the Village of Greenport experienced an 8.4 percent decline in its 1980 population of 2,273 during the 1970-1980 decade. This is in sharp contrast to the Town of Southold which increased in population by 14.1 percent during the same decade. The 1970 - 1980 population decline of 8.4 percent was preceded by a similar loss of 260 persons, or 6.1 percent, during the 1960-1970 period. Housing In general, the housing stock in Greenport is good, but aging and in tight supply. The Village, through its successful rehabilitation efforts, has been providing necessary technical and financial resources to assist owners and to improve the condition of the housing stock. The Village has also been successful in the past few years in providing affordable housing for young families. Unfortunately, however, opportunitias for young families are very limited at this point due to the tight supply, as previously mentioned, and high cost of housing. II-28 8. Community Services and Facilities Emergency Services Emergency services are provided by the Village's own police and fire departments. The police department is currently located in a small commercial structure at the southern end of Main Street, but will relocate to one of the terminal buildings on the LIRR property. The department has a full-time force of three officers, and some part-time employees. The fire department is an exclusively volunteer organization which maintains two fire stations, a principal, modern facility on Third Street north of Center Street, and a secondary location on Flint Street, between Fifth and Sixth Streets. The Greenport Fire Department owns and maintains a full range of equipment, including pumpers and ladders. The volunteer fire department is also responsible for the operation of the Village's Rescue Squad which ~s staffed by volunteer EMT's and AEMT's with advanced life support capability. Village Offices Ail Village administrative offices are located in the Village Hall at the southeast corner of Third and South Streets. Though well-situated, this building, once owned by the New York Telephone Company, is only marginal for current office functions and is certainly inadequate for meetings of the Village Board, the Planning Board, or related bodies. The building also lacks suitable handicapped access, particularly to the second floor meeting room. 9. Municipal Utilities The Village of Greenport is fortunate to have its own utility plants for water, sewage, and electricity. These utility plants not only provide services to the incorporated Village but, in varying degrees, to surrounding portions of the Town of Southold. Because of the availability of these services, there is an increasing demand for them by developers as well as existing residents and businesses. There is concern that any forther increases in these services to areas outside the Village will prevent Greenport from providing for its own planned development. Water Supply The public water system in the incorporated Village of Greenport was established in 1887 and has been expanded over the years to service not only the incorporated limits but also a considerable area within the surrounding Town of Southold. Approximately a third of the Town's population is served by the Village's water supply system. The population served in 1982 was 7,568 (2,365 service connections). The water delivered by the Village's system is pumped from the underlying aquifer by a number of Village well fields located within the Village and Town of Southold. Unfortunately, contamination of the underlying aquifer in the Village of Greenport and throughout the entire north fork of Long Island has occurred, primarily from agricultural chemicals, including nitrates and pesticides. Due to over-pumpage from II-29 accelerated population growth, the relatively shallow, thin aquifer of the North Fork has also been adversely impacted by salt water intrusion. To maintain the quality of potable water in the Village's water supply system, the Village works closely with the Suffolk County Department of Health Services and the New York State Department of Health. Monitoring systems are currently in place to regularly check the water quality from Village well fields. Other methods employed to insure that potable water is made available from the Village system include: the use of well filtration systems; chemical treatment; alternate use of Village wells; and drilling of new well fields. Currently two pilot projects are underway to explore the feasibility of providing potable water through alternative means. One project is the development of an ion-exchange system to remove excessive nitrates from Village water supplies. The Environmental Protection Agency is providing the funding for this project and the Suffolk County Department of Health Services is providing design expertise. The other project is the development of a de-salinization facility designed to convert salt water into potable water. Financing for this project is being provided by the New York State Energy and Research Development Authority, the Suffolk County Department of Health Services, and the Village. In order to meet immediate water supply needs anticipated as a result of the Village's revitalization efforts, the development of additional well fields is likely in the near future. The Village could satisfy some of its water supply needs by discontinuing service to areas outside the Village. The. feasibility and impacts of such a move will be examined. There is also a need for an analysis of required, or desirable, improvements to the Village's water distribution system. Potential areas of concern are the long term need for enlargement of mains in the Fifth and Sixth Street area where high-density residential development is occurring; extension of a 10 inch water line along Second Street to Front Street to better service the wsterfront; and extension of a 10-inch main from North Street to the Eastern Long Island Regional Hospital to provide for increased water service and fire protection requirements at that location. A comprehensive water study, which will analyze the Village's existing ground water quality and quantity conditions, and provids recommendations to meet the Village's future groundwater needs, is currently being prepared for the Village and is expected to be released shortly. Sewage System The Greenport sewage treatment plant is located on Moore's Lane at the western edge of the Village. The treatment plant is a modern secondary treatment facility, with aeration, clarification and chlorination additions. The plant is capable of removing 85% of suspended solids and reducing the bio-chemical oxygen demand by the sams amount. The majority of the sewage treated at the plant is human waste. The effluent from the plant is chlorinated and discharged into Long Island Sound. In 1986 a scavenger waste facility was built in the Village next to the Villags's existing sewage treatment plant. This facility is owned by the Town of Southold, but is operated and maintained by the Village of Greenport. Sewage waste pumped from setie tanks in the Town of Southold is II-30 -aated in this system on a daily basis. After the sewage is treated in ~e scavenger waste system, it is treated again in the Village's treatment plant and discharged through the Village's outfall pipe into Long Island Sound. It is anticipated that this sewage treatment process will ultimately improve the quality of ground water and surface water resources in the Village and Town. The sewage treatment plant services 869 customers within the Village, 45 outside its incorporated boundaries, and the treated sewage from the scavenger waste facility. Present average daily flow is 250,000 to 400,000 gallons, depending upon season. The plant can readily accommodate these flows, being designed to handle 500,000 gallons per day. The existing plant, however, is not sufficiently sized to fully handle the increased sewage loads from projected new development within the Village. Development and population increases within the Village are projected to add at least 140,000 gallons per day to the sewage load within the next ten years. Development contributing to increased sewage loads include: the high-density residential projects occurring at Fanning Point; the potential hotel/conference center project; the installation of marina pumpout stations, hospital expansion, other commercial development and moderate population increases throughout the Village and Town. Plans are currently underway to expand the capacity of the Village's sewage treatment plant to accommodate an additional 250,000 gpd flow. Municipal Electric System The Village's public-owned electric utility was established in 1899 through purchase of the Greenport Electric Light and Power Company which had operated since 1887. The system presently services 1,688 customers divided into 1,366 residential accounts, 245 commercial accounts, 7 industrial accounts and 50 classified as "other". Population served is approximately 3,000. Over the course of its history, the Greenport power plant has generated electricity in several ways. From its inception in 1887 until the installation of the first diesel engine in 1927, the plant was wholly reliant on steam to generate power. Today, electricity for the Village of Greenport is purchased from the Power Authority of the State of New York (PASNY), which results in rates to users approximately 45 percent less than those served by the Long Island Lighting Company (LILCO). The Village's firm purchase contract for low-cost PASNY hydro-power became effective in April 1978 and expires in 1996. PASNY power is supplied to the Village's electric utility plant by a single 5.0 megawatt tie line from LILCO's substation on Route 25 west of Greenport. A problem of any nature on this tie line could result in total loss of PASNY commercial power to the Village. Plans for future system improvement include the installation of a second tie line from LILCO's primary line on County Route 48. Projected growth within the incorporated Village will likely increase peak electrical requirements. As with water and sewer, detailed study and careful planning with regard to future electrical requirements is warranted. II-31 SECTION III. WATERFRONT REVITALIZATION PROGRAM POLICIES Index to Policies A. Development Policies Policy 1 Policy iA Policy lB Policy 2 Policy 2A Policy 3 Policy 4 Policy 5 Policy 5A Policy 6 B. Fish and Wildlife Policies Policy 7 Policy 8 Policy 9 Policy 10 Policy 10A C. Floodin~ and Erosion Policies Policy 11 Policy 12 Policy 13 Policy 13A Policy 14 Policy 15 Policy 16 Policy 17 D. General Policy Policy 18 E. Public Access Policies Policy 19 Policy 20 Policy 20A Policy 21 Policy 2lA Policy 22 F. Historic and Scenic Resources Policies Policy 23 Policy 24 Policy 25 Pa~e III-4 III-4 III-5 III-7 III-7 III-8 III-9 III-10 III-10 III-11 III-il III-il III-12 III-13 III-13 III-14 III-16 III-17 III-17 III-18 III-19 III-20 III-20 III-21 III-21 III-23 III-25 III-26 III-27 III-27 III-28 III-31 III-31 III-2 Agricultural Lands Policy Policy 26 Energy and Ice Management Policies Policy 27 Policy 28 Policy 29 I. Water and Air Resources Policies Policy 30 Policy 31 Policy 32 Policy 33 Policy 34 Policy 35 Policy 36 Policy 37 Policy 38 Policy 39 Policy 40 Policy 41 Policy 42 Policy 43 Policy 44 Pase III-32 III-32 III-32 III-33 III-33 III-34 III-34 III-35 III-35 III-36 III-37 III-37 III-38 III-38 III-39 III-39 III-39 III-40 III-40 III-3 SECTION III. WATERFRONT REVITALIZATION PROGRAM POLICIES DEVELOPMENT POLICIES POLICY 1 POLICY iA RESTORE, REVITALIZE AND REDEVELOP DETERIORATED AND UNDERUTILIZED WATERFRONT AREAS FOR COMMERCIAL AND INDUSTRIAL, CULTURAL, RECREATIONAL AND OTHER COMPATIBLE USES. REVITALIZE GREENPORT'S WATERFRONT AREA DETERIORATED/UNDERUTILIZED PROPERTIES AND APPROPRIATE COMMERCIAL AND RECREATIONAL USES. BY REDEVELOPING BUILDINGS FOR Explanation of Policy Greenport's economic and social vitality depends significantly on: 1) the type of redevelopment and rehabilitation in the waterfront area; and 2) the maintenance and appropriate expansion of traditional water-dependent uses in the waterfront area (See Map 4, Existing Land Use). The Village derives its character, identity and economy from its relationship to the surrounding waterfront environment, which extends from Young's Point along Stirling Basin and Greenport Harbor southwest to Fanning Point. Due to its location on a deep water channel, which provides access to the Atlantic Ocean through Gardiner's Bay, Greenport has served as Eastern Long Island's major port. Since the 1830's, it has primarily been the whaling, fishing and shipping/boating industries that have provided the Village with its sconomic base, employing thousands on its waterfront. The Village's economic base still depends on the water-dependent industries of fishing and shipping/boating. In recent years, tourism and the second home industry have increased significantly in the Village. While both these industries contribute significantly to the Village's economy and are a desired commodity, this type of development shall be carefully sited. The Village waterfront shall not be redeveloped with land uses that primarily serve the needs of tourists and second home owners. Rather, Greenport's heritage as a working waterfront community, relying on its direct association with the sea, shall be reinforced and preserved. The range of acceptable commercial and recreational uses permitted on the waterfront is presented in the following sections. Waterfront Area 1 This area includes from Young's Point along Stifling Basin to and inclusive of S.T. Preston and Son, Inc. This area includes the following deteriorated/underutilized sites: Winter Harbor Fisheries (formerly Marine Associates) and Barstow. The efforts to preserve and reinforce Greenport's working waterfront character will be primarily focused in this area. Only water-dependent uses are permitted in this area. 1. Public and private yacht clubs, marinas and docking facilities 2. Boat launching facilities 3. Commercial and charter fishing boats III-4 4. Retail and wholesale of seafo?~ products 5. Boat service, manufacturing for boat service, wholesale service for boats and boat storage facilities 6. Retail fuel storage and sales for marine vessels only, provided that the storage facility is located underground but not within fifty (50) feet of any building or district boundary line Fish and shellfish processing plants Ship building yards Waterfront Area 2 This area includes Claudios Restaurant and Marina along Greenport Harbor to and inclusive of the Long Island Railroad property. This area includes the following deteriorated/underutilized sites: Mitchell, the vacant portion of Bohack, and the Long Island Railroad property and dock. Efforts to support tourism will be focused in this area. Ail the water-dependent uses permitted in Waterfront Area 1 are permitted in Waterfront Area 2. The following uses are conditionally permitted: eating and drinking establishments, retail sales and manufacturing for retail, and motels, hotels, and boatels. Waterfront Area 3 This area includes from Just south of the the Long Island Railroad property along Greenport Harbor to the west of Fanning Point. The only underutilized/deteriorated property is the Mobil site. Uses permitted in Waterfront Area 3 include residential and parks. POLICY lB REVITALIZE GREENPORT~S CENTRAL BUSINESS DISTRICT BY RESTORING UNDERUTILIZED PROPERTIES AND BUILDINGS FOR APPROPRIATE RETAIL COMMERCIAL AND OTHER COMPATIBLE USES. Explanation of Policy The Village CBD consists primarily of the retail activity that takes place in and about Front and Main Streets. The existing and permitted uses in the CBD are retail stores, personal service shops, offices, restaurants, hotels, and public and semi-public facilities. Revitalization in this retail area will be accomplished through a comprehensive program of infill development, facade rehabilitation and streetscape improvements. A Central Business District Design Plan shall be developed with standards and guidelines to regulate the character of the revitalization activity. Since the center of retail and waterfront activity in the Village is concentrated in the CBD and the adjacent Waterfront Area 2, the quality and coordination of land development in these two areas is of particular importance if the Village is going to maintain and improve upon its economic vitality and visual attractiveness. An important objective of this revitalization effort involving these two areas is the provision of a pedestrian walkway system from Front Street through properties in the CBD and adjacent Waterfront Area 2 to a waterside harborwalk. This pedestrian system will provide convenient public access to and from the CBD and 111-5 adjacent Waterfront Area 2, and vimuall~ ~,pealing open space and needed visual access to the Greenport waterfront~ [See Policy 20A). Development Standards and Guidelines The following Policy 1 development standards and guidelines shall be adhered to for all development in the waterfront and CBD: -- Parking. Adequate off-street parking shall be provided for all uses. Parking areas shall be sufficiently drained so as to contain all drainage on site and to prevent ponding. Whenever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be highly visible from the waterfront and Village streets. -- Access. Vehicular ingress and egress, interior traffic circulation, parking space arrangement, loading facilities and pedestrian walkways shall be planned and built so as to promote safety and efficiency. Wherever possible public access shall be provided to the Village's waterfront to the maximum extent practicable. -- Physical compatibility. In order to foster and maintain the small scale seaside character of the Village, all new developments and structures shall not exceed 2 stories or 35 feet in building height, and the building lot coverage shall not exceed 40% of the lot. A minimum front yard of 6 feet is required. If the subject lot is not within 25 feet of a residence district boundary no minimum setback is required. If one is provided it must be a minimum of 10 feet. -- Preservation of land immediately adjacent to the water's edge for water-dependent uses. Water-dependent uses shall have priority over water-enhanced uses. Water-enhanced uses shall be located inland to the maximum extent practicable in order to preserve land area adjacent to the shoreline for water-dependent uses. -- Visual considerations. Adjacent and upland views of the water shall be improved, and at a minimum, development activities must not affect existing views in an insensitive manner. Structures shall be clustered or oriented to retain views, save open space and provide spatial organization to development. -- Landscaping. Screening with trees or other plantings may be required for parking and other disturbed areas which are created. A landscaping plan demonstrating that suitable vegetation will be planted and nurtured may be required. Such a plan shall become a part of the approved site plan. The original landform of a site should be maintained or restored, except when changes screen unattractive elements and/or add appropriate interest. -- Protection of residential areas. When the site is located adjacent to residences or a residence district, appropriate buffer landscaping, natural screening and fencing are to be provided in order to protect neighborhood tranquility, community character and property values. A minimum side yard and rear yard setback of 10 feet is required for lots within 25 feet of a residence district boundary. 111-6 -- Lights. Lighting facilities and lighted signs shall be placed and shielded in such a manner as not to cause direct light to shine on other properties, and shall not be permitted to create a hazard on a public street. -- Water supply and waste disposal. Ail development shall be served by the Village's public water supply and sewage system. On site solid waste disposal containers shall be adequately screened from view. POLICY 2 FACILITATE THE SITING OF WATER-DEPENDENT FACILITIES ON OR ADJACENT TO COASTAL WATERS. Explanation of Policy The traditional method of land allocation, i.e., the real estate market, with or without local land use controls, offers little assurance that uses which require waterfront sites will, in fact, have access to coastal waters. To ensure that water-dependent uses can continue to be accommodated within the Village, government agencies will avoid undertaking, funding, or approving non-water-dependent uses when such uses would preempt the reasonably foreseeable development of water-dependent uses; furthermore, government agencies will utilize appropriate existing programs to encourage water-dependent activities. The following uses and facilities are considered as water-dependent: -- Uses which depend on the utilization of resources found in coastal waters (for example: fishing); -- Recreational activities which depend on access to coastal waters (for example: swimming, fishing, boating, wildlife viewing); -- Uses involved in the sea/land transfer of goods (for example: docks, loading areas, short-term storage facilities); -- Structures needed for navigational purposes (for example: navigational devices, lighthouses); -- Flood and erosion protection structures (for example: breakwaters, bulkheads); -- Facilities needed to store and service boats and ships (for example: marinas, boat repair, boat construction yards); -- Uses requiring large quantities of water for processing (for example: fish processing plants); Scientific/educational activities which, by their nature, require access to coastal waters (for example: certain meteorological and oceanographic activities); and -- Support facilities which are necessary for the successful functioning of permitted water-dependent uses (for example: first aid stations, III-7 short-term storage facilities). Though these uses must be near the given water-dependent use they should, as much as possible, be sited inland from the water-dependent use rather than on the shore. In addition to water-dependent uses, uses which are enhanced by a waterfront location should be encouraged to locate, although not at the expense of water-dependent uses, along the shore. A water-enhanced use is defined as a use that has no critical dependence on obtaining a waterfront location, but the profitability of the use and/or the enjoyment level of the users would be increased significantly if the use were adjacent to or had visual access to the waterfront. If there is no immediate demand for a water-dependent uses in a given area but a future demand is reasonably foreseeable, temporary non-water- dependent uses should be considered preferable to a non-water-dependent use which involves an irreversible, or nearly irreversible commitment of land. Passive recreational facilities, outdoor storage areas, and non-permanent structures are uses or facilities which would likely be considered as "temporary" non-water dependent uses. In Grsenport, water-dependent commercial and recreational uses and related support facilities are permitted within two of the three waterfront areas. (See Policy 1) Waterfront Area 1 Only water-dependent uses are permitted on waterfront properties in this area. Eleven (11) major water-dependent firms are located in this waterfront area. Waterfront Area 2 The same water-dependent uses permitted in Waterfront Area 1 are also permitted on properties within this waterfront area. Five (5) major water-dependent firms, plus the recently constructed LIRR commercial fishing dock, ara located in this waterfront area. In addition, water-enhanced uses, such as retail shops, restaurants, motels/hotels, personal service shops and semi-public facilities, are located and/or permitted in this area. They are concentrated near the inland perimeter of this waterfront area, along the east side of Third Street, the south side of Front Street, and the west side of Main Street. POLICY 3 FURTHER DEVELOP THE STATE'S MAJOR PORTS OF ALBANY, BUFFALO, NEW YORK, OGDENSBURG AND OSWEGO AS CENTERS OF COMMERCE AND INDUSTRY, AND ENCOURAGE THE SITING, IN THESE PORT AREAS, INCLUDING THOSE UNDER THE JURISDICTION OF STATE PUBLIC AUTHORITIES, OF LAND USE AND DEVELOPMENT WHICH IS ESSENTIAL TO OR IN SUPPORT OF THE WATERBORNE TRANSPORTATION OF CARGO AND PEOPLE. Explanation of Why Policy is Not Applicable The small harbor of the Village of Greenport is not a major port of New York State. 111-8 POLICY 4 STRENGTHEN THE ECONOMIC BASE OF SMALL HARBOR AREAS BY ENCOURAGING THE DEVELOPMENT AND ENHANCEMENT OF THOSE TI~ADITIONAL USES AND ACTIVITIES WHICH HAVE PROVIDED SUCH AREAS WITH THEIR UNIQUE MARITIME IDENTITY. Explanation of Policy The Village of Greenport is an outstanding example of an historic small harbor with a maritime identity. During the nineteenth century whaling and shipbuilding provided the Village with its economic base. The shellfish and finfish industries prospered in the early twentieth century after the whaling industry had declined. A revival of the shipbuilding industry occurred in the Village during World War II when most of Greenport's shipyards were constructing naval vessels for the government. Due to the increased demand and development of waterfront properties for recreational boating marinas, and high-density residential use, not as much of Greenport's waterfront is used for the traditional industries of commercial fishing and ship building as in the past. However, much of Greenport's rugged shoreline is still characterized by the traditional uses associated with commercial fishing and shipping/boating. These uses are particularly concentrated in Waterfront Areas 1 and 2. Traditional uses found within these waterfront areas include: ship repair, building and storage yards; fish marketing, processing and packaging; dockage facilities; marine contracting for docks, Jetties and bulkheads; and marine supplies. It is the presence of these traditional maritime uses, their related sounds, the smell of the salt air and freshly caught fish, the noise and visual impact of harbor and sea bound vessels, and the architecturally rich resources of the Village which comprise the traditional maritime character of Greenport. This historic maritime tradition will be maintained and encouraged to grow and prosper in Waterfront Areas 1 and 2 through the following means: -- the provision for only water-dependent uses and water-enhanced uses; -- the continued use of the existing commercial fishing dock by large transient commercial fishing vessels; -- the construction of an additional fishing dock for use by locally operated small commercial fishing vessels; the redevelopment of the County-owned Barstow shipyard site to provide commercial fishing support services such as ice, weighing, fuel, packaging, unloading, shipping, and minor repair facilities. The following guidelines and standards will be used to determine the consistency of proposed actions with this policy: The action shall give priority to those traditional and/or desired marine uses which are dependent on a location adjacent to the water (e.g. dockage and support facilities for co~m~ercial fishing vessels; 111-9 o fish marketing, processing and packaging; ship yards, repair, building and storage; and marine maintenance and supply services). The action will enhance or not detract from or adversely affect existing traditional and/or desired anticipated uses. The action shall not be out of character with, nor lead to development which would be out of character with, existing development in terms of the area's scale, intensity of use, and architectural style. The action must not cause a site to deteriorate, e.g., a structure shall not be abandoned without protecting it against vandalism and/or structural decline. The action will not adversely affect the Village's existing economic base e.g., waterfront development designed to promote residential development is inappropriate since the Village's economy is primarily dependent upon commercial fishing, tourism, fishing, and boating. The action will not detract from views of the water, particularly where the visual quality of the area is an important component of the area's appeal and identity. See Policies 1, 2, 10,and 23. POLICY 5 ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLIC SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE ADEQUATE, EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL REQUIREMENTS OR OTHER CHARACTERISTICS WHICH NECESSITATES ITS LOCATION IN OTHER COASTAL AREAS. POLICY 5A MAINTAIN AND W~ERE NECESSARY IMPROVE PUBLIC SERVICES AND INFRASTRUCTURE WHICH SERVE THE VILLAGE WATERFRONT AREA AND CENTRAL BUSINESS DISTRICT TO ASSURE THEIR CONTINUED AVAILABILITY TO MEET EXISTING AND LIMITED FUTURE DEVELOPMENT NEEDS. Explanation of Policy Greenport serves as the commercial and business center for the eastern sector of Southold Town due to its concentration of relatively small scale motels, retail shops and stores, and water-dependent commercial and recreational uses in its central business district and waterfront areas. Ail areas of the Village as well as some areas outside the Village in the Town of Southold are served by Village-owned sewer, water and electric utilities. In the Village CBD and adjacent waterfront area, intensive land uses such as shipyards, fish processing plants, marinas, motels, restaurants, offices, retail shops, banks and personal service shops are concentrated. As underutilized properties in the Village CBD and waterfront area are redeveloped and existing uses are expanded, there will be an increased demand on utilities. An immediate increase in demand on Village utilities has already been caused by the development of residential condominiums in the waterfront area at Fanning Point. In anticipation of this increased demand for Village utilities, the capacity of the Village III-10 sewage treatment system will be expanded; a comprehensive water needs and availability study will be conducted; and the lease with the Power Authority of New York State, to serve the Village's electricity needs to 1996, has been recently renegotiated. Local, State and Federal agencies charged with allocating funds for investments in water and sewage facilities should give high priority to the infrastructure needs of the Village's CBD and waterfront area, so that the Village will be able to provide the essential infrastructure components necessary to adequately serve water-dependent and water-enhanced uses located in these areas. POLICY 6 EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLE LOCATIONS. For development of permitted water-dependent uses and permitted water-enhanced uses at deteriorated and/or underutilized sites within the Village's waterfront commercial areas, the Village will make every reasonable effort to coordinate and expedite local permit procedures and regulatory activities as long as the integrity of the regulatory objectives is not Jeopardized. The Village's efforts in expediting permit procedures are part of a much larger system for regulatory development which also includes County, State and Federal government agencies. Regulatory programs and procedures should be coordinated and synchronized between all levels of government and, if necessary, legislative and/or programmatic changes will be recommended from the local level. FISH AND WILDLIFE POLICIES POLICY 7 SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS, AS IDENTIFIED ON THE COASTAL MAP, SHALL BE PROTECTED, PRESERVED, AND, WHERE PRACTICAL RESTORED SO AS TO MAINTAIN THEIR VIABILITY AS HABITATS. Explanation of Why this Policy is Not Applicable This policy is not applicable because no Significant Coastal Fish and Wildlife Habitats have been or are likely to be designated by the State within the coastal area of the Village of Greenport. POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREA FROM THE INTRODUCTION OF HAZARDOUS WASTES AND OTHER POLLUTANTS WHICH BIO-ACCUMULATE IN THE FOOD CHAIN OR WHICH CAUSE SIGNIFICANT SUBLETHAL OR LETHAL EFFECT ON THOSE RESOURCES. Explanation of Policy Hazardous wastes are unwanted by-products of the manufacturing processes and are generally characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in the Environmental Conservation Law (Section 27-0901 (3)] as "a waste or III-11 combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed." A list of hazardous wastes has been adopted by DEC (6NYCRR, Part 371). The handling (storage, transport, treatment and disposal) of the materials included on this list is being strictly regulated in New York State to prevent their entry or introduction into the environment, particularly into the State's air, land and waters. Such controls should effectively minimize possible contamination of and accumulation in the State's coastal fish and wildlife resources at levels that cause mortality or create physiological or behavioral disorders. Other pollutants are those conventional wastes, generated from point and non-point sources, and not identified as hazardous wastes but controlled through other State's laws. POLICY 9 EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO EXISTING RESOURCES, SUPPLEMENTING EXISTING STOCKS, AND DEVELOPING NEW RESOURCES. SUCH EFFORTS SHALL BE MADE IN A MANNER WHICH ENSURES THE PROTECTION OF RENEWABLE FISH AND WILDLIFE RESOURCES AND CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM. Explanation of Policy Recreational uses of coastal fish and wildlife resources include consumptive uses such as fishing and hunting, and non-consumptive uses such as wildlife photography, bird watching and nature study. Recreational fishing is a major activity in the Village of Greenport. The public fish from boats, piers and bulkheads along the shoreline. The recant increase in seasonal residents and vacationers has resulted in increased demand for dock space for recreational boats. Some of this demand may be met by development of the Mitchell property (Policy 1). Recreational use of existing publicly- and privately-owned waterfront areas for on-shore recreational fishing and the passive enjoyment of waterfowl and other wildlife resources can be improved through the development of the harborwalk (Policy 20A) and street-end parks (Policy 20). The following guidelines should be considered by State and Federal agencies as they determine the consistency of their proposed action with the above policy. Consideration should be made by Federal and State agencies as to whether an action will impede existing or future utilization of the State's recreational fish and wildlife resources. III-12 Efforts to increase access to recreational fish and wildlife resources should not lead to overutilization of that resource or cause impairment of the habitat. Sometimes such impairment can be more subtle than actual physical damage to the habitat. For example, increased human presence can deter animals from using the habitat area. The impacts of increasing access to recreational fish and wildlife resources should be determined on a case-by-case basis. Any public or private sector initiatives to supplement existing stocks (e.g., stocking a stream with fish reared in a hatchery) or develop new resources (e.g., creating private fee-hunting or fee-fishing facilities) must be done in accord with existing State law. POLICY 10 FURTHER DEVELOP COMMERCIAL FINFISH, SHELLFISH AS~ CRUSTACEAN RESOURCES IN THE COASTAL AREA BY: (i) ENCOURAGING THE CONSTRUCTION OF NEW, OR IMPROVEMENT OF EXISTING ON-SHORE COMMERCIAL FISHING FACILITIES;(ii) INCREASING MARKETING OF THE STATE'S SEAFOOD PRODUCTS; and (iii) MAINTAINING ADEQUATE STOCKS AND EXPANDING AQUACULTURE FACILITIES. SUCH EFFORTS SHALL BE IN A MANNER WHICH ENSURES THE PROTECTION OF SUCH RENEWABLE FISH RESOURCES AND CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM. POLICY 10A ENCOURAGE THE DEVELOPMENT OF NEW, OR EXPANDED COMMERCIAL FISHING FACILITIES IN GREENPORT, AND PROTECT EXISTING COMMERCIAL FISHING FACILITIES FROM ENCROACHMENT BY POTENTIALLY CONFLICTING LAND USES. Explanation of Policy Due to Greenport's natural deep water harbor which can easily accommodate large fishing vessels, its commercial fishing heritage, and strategic location with respect to fishing grounds and coastal market areas, Greenport is an important part of New York's commercial fishing industry. Ail of Greenport's commercial fishing facilities are privately-owned and operated, with the exception of the publicly-owned commercial fishing dock at the LIRR property. See Section II, page II-15 for a list and description of commercial fishing facilities in the Village. In recent years, there has been an increase in demand for recreational marina and dock space, waterfront high-density residential use, and water-enhanced uses geared to the tourist industry, such as restaurants, hotels and retail shops. In order to eliminate the encroachment of non water-related and water-enhanced uses on water-dependent uses, particularly commercial fishing, only uses of a compatible nature shall be permitted in the Village's waterfront commercial area located in Waterfront Area 1 (See Policies 1, 2 and 4). In addition, under a Village right to fish policy, no commercial fishing activity shall be considered a nuisance by surrounding conflicting land uses provided that: III-13 -- The commercial fishing activities were commenced prior to the existence of the surrounding conflicting land use, or, if such commercial fishing activities commenced after the existence of a conflicting land use, such commercial fish processing activities have been in operation for more than (1) year. -- The commercial fishing activities have not increased substantially in magnitude or intensity, or, if there has been an increase in the magnitude or intensity, such increased activities have been in operation for more than one (1) year. -- The commercial fishing activities are not the cause of conditions dangerous to life or health. -- The co~ercial fishing activities are not conducted in a negligent or improper manner. In order to provide for the development of new or expanded commercial fishing facilities in Greenport the following shall occur: -- Redevelopment of the County-owned Barstow shipyard site to provide commercial fishing support services. -- The development of a fishing dock for use by locally operated commercial fishing vessels. The following guidelines should be considered by government agencies as they determine the consistency of their proposed action with the above policies and specific plan recommendations listed: -- A public agency's commercial fishing development initiative should not preempt or displace private sector initiative. -- A public agency's efforts to expand existing or create new on-shore commercial fishing support facilities should be directed towards unmet development needs rather than merely displacing existing commercial fishing activities from a nearby port. This may be accomplished by taking into consideration existing State or regional commercial fishing development plans. -- Consideration should be made by State and Federal agencies whether an action will impede existing utilization or future development of the State's commercial fishing resources. -- Commercial fishing development efforts should be made in a manner which ensures the maintenance and protection of the renewable fishery resources. FLOOD AND EROSION POLICIES POLICY 11 BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE COASTAL AREA SO AS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERING OF H~ LIVES CAUSED BY FLOODING AND EROSION. Within flood hazard areas (See Map 3, Natural Characteristics), the following standards for construction and siting of development shall apply: III-14 -- Ail new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the etructure. -- Ail new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. -- Ail new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Ail new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and in the case of sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into flood waters. -- On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. -- Ail subdivision proposals shall be consistent with the need to minimize flood damage. -- Ail subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Ail subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). New residential construction and substantial improvements to any residential structure shall have the lowest floor, including basement, elevated to or above base flood level elevation. New non-residential construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; -- have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and -- be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. In Coastal High Hazard Areas (Zones V4, V5 and V7), where special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash occur, (See Map 3, Natural Characteristics), the following standards shall apply: III-15 All structure~ shall be located landward of the reach of mean high tide. All buildings and structures shall be elevated so that the lowest portion of the structural members of the lowest floor is located no lower than the base flood elevation level, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls. All buildings and structures shall be securely anchored on pilings or columns. Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow. There shall be no fill used for structural support. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor unless breakaway walls are used. Breakaway walls shall be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. If breakaway walls are utilized, such enclosed space shall not be used for human habitation. Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Building Inspector for approval. POLICY 12 ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DUNES, BARRIER ISLANDS AND BLUFFS. PRIMARY DUNES WILL BE PROTECTED FROM ALL ENCROACHMENTS THAT COULD IMPAIR THEIR NATURAL PROTECTIVE CAPACITY. Explanation of Policy Natural protective features help safeguard coastal lands and property from damage, as well as reduce the danger to human life, resulting from flooding and erosion. Excavation of coastal features, improperly designed structures, inadequate site planning, or other similar actions which fail to recognize their fragile nature and high protective values, lead to the weakening or destruction of these landforms. Beach areas and sand dunes are the only significant natural protective features found along the Greenport waterfront. The alteration of sand dunes, which would increase potential flood damage, is prohibited. Since III-16 much of Greenport's water ~t area is developed with bulkheads, non- contiguous, relatively smai' ~reas of beach are found in the waterfront area. (See Section II, for a more in-depth description of Village beach areas). Beaches are unsuitable for commercial or residential development due to the unstable and dynamic nature of beach soils. Since disturbance of beach soils by development can adversely affect their protective capacity, residential and commercial development is prohibited on beach areas in the Village. Activities or development in close proximity to Village beach areas shall ensure that all potential adverse impacts are minimized. The planting of maritime shrubs and beach grass is encouraged on beach areas in the Village to help stabilize these areas, particularly the beach area of Sandy Beach and the adjacent beach areas located on the basin side of Beach Lane. Existing maritime shrubs and beach grass shall not be removed from any beach area in the Village. See Policy 33. POLICY 13 THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY IF THEY HAVE A REASONABLE PROBABILITY OF CONTROLLING EROSION FOR AT LEAST THIRTY YEARS AS DEMONSTRATED IN DESIGN AND CONSTRUCTION STANDARDS AND/OR ASSURED MAINTENANCE OR REPLACEMENT PROGRAMS. Explanation of Why Policy is Not Applicable Under Section 34-0104 of Article 34, Environmental Conservation Law, the NYS Department of Environmental Conservation is required to identify specific Coastal Erosion Hazard Areas. None have been identified within the Village of Greenport. POLICY 13A THE CONSTRUCTION OR RECONSTRUCTION OF DOCKS, SEAWALLS, REVETMENTS, BULKHEADS, BREAKWATERS, AND OTHER SHORELINE STRUCTURES SHALL BE UNDERTAKEN IN A MANNER WHICH WILL, TO THE MAXIMUM EXTENT PRACTICABLE, PROTECT AGAINST OR WITHSTAND THE DESTRUCTIVE FORCES OF WAVE ACTION AND ICE MOVEMENT FOR A THIRTY YEAR PERIOD. Explanation of Policy Significant portions of the Village's shoreline is developed with bulkheads and docks to provide docking convenience for ships using the harbor. Today, approximately two thirds of the Village's shoreline is bulkheaded and in many instances docks protrude from the bulkheaded shoreline. This is particularly true in the Waterfront Areas 1 and 2 where the shoreline is intensively developed with waterfront commercial uses. Shoreline sites that are the least developed with bulkheads are located on the southeast side of Stirling Basin and along isolated segments of Waterfront Area 3. Bulkheading of remaining undeveloped shoreline areas in the Village is strongly discouraged. When the need to bulkhead a shoreline area in the Village is necessary the bulkhead shall: III-17 -- be placed landward of any existing beach areas, maritime shrubland, or beach grass that may exist; -- be properly designed and constructed to minimize or prevent damage to public or private property; be designed and constructed according to generally accepted engineering principals, which have demonstrated success, or where sufficient data is not currently available, a likelihood of success in controlling long-term erosion on the immediate site for at least 30 years. The construction, modification or restoration of docks, seawalls, revetments, bulkheads, breakwaters and other shoreline structures are subject to the following requirements: 1. They must be designed and constructed according to generally accepted engineering principals. A long term maintenance replacement program must be provided, which includes specifications for normal maintenance of degradable materials and periodic replacement of removable materials. Ail materials used in such structures must be durable and capable of withstanding wave impacts, ice movement, weathering, and other effects of storm conditions for thirty years or must be replaced as necessary. See Policy 17. POLICY 14 ACTIVITIES AND DEVELOPMENT INCLUDING THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO THAT THERE WILL BE NO MEASURABLE INCREASE IN EROSION OR FLOODING AT THE SITE OF SUCH ACTIVITIES OR DEVELOPMENT, OR AT OTHER LOCATIONS. Explanation of Policy Erosion and flooding are processes which occur naturally. However, by his actions, man can increase the severity and adverse effects of those processes, causing damage to, or loss of property, and endangering human lives. Those actions include: the use of erosion protection structures such as groins, or the use of impermeable docks which block the littoral transport of sediment to adjacent shorelands, thus increasing their rate of recession; the failure to observe proper drainage or land restoration practices, thereby causing run-off and erosion and weakening of shorelands; and the placing of structures in identified floodways so that the base flood level is increased causing damage in otherwise hazard-free areas. In order to reduce losses from flooding and erosion all development and land use activity in the Village of Greenport shall: -- not pose a threat to the public's health, safety, and welfare by having the potential to increase damage caused by flooding and/or erosion; III-18 not significantly alter coastal hazard areas or alter beach areas, tidal wetlands, freshwater wetlands, water courses, and drainage swales found in the Village's waterfront area ao that their ability to accommodate and channel storm water runoff and flood waters is decreased; fill, grade or dredge, to any extent which may increase flood damage; or create flood barriers which will unnaturally divert flood waters or increase flood hazards in other areas. See Policies 11, 12, 33 and 44. POLICY 15 MINING, EXCAVATION OR DREDGING IN COASTAL WATERS SHALL NOT SIGNIFICANTLY INTERFERE WITH THE NATURAL COASTAL PROCESSES WHICH SUPPLY BEACH MATERIALS TO LAND ADJACENT TO SUCH WATERS AND SHALL BE UNDERTAKEN IN A MANNER WHICH WILL NOT CAUSE AN INCREASE IN EROSION OF SUCH LAND. Explanation of Policy Coastal processes, including the movement of beach materials by water, and any mining, excavation or dredging in nearshore or offshore waters which changes the supply and net flow of such materials can deprive shorelands of their natural regenerative powers. Such mining, excavation and dredging should be accomplished in a manner so as not to cause a reduction of supply, and thus an increase of erosion, to such shorelands. Offshore mining is a future alternative option to landmining for sand and gravel deposits which are needed to support building and other industry. In the Village of Greenport there is little natural beach material found along the Village's shoreline due to the heavily bulkheaded nature of its waterfront area. Small quantities of beach material are being supplied to the adjacent coastal areas from the Village waterfront, via natural processes. Dredge spoil removed from the two Village locations where dredging will occur, Stirling Basin and the dock at the Long Island Railroad property, will be used for beach nourishment. The disposal site is the back side of the inlet adjacent to Beach Lane. In addition, the following conditions must be mst during dredging to assure that the Village's man-made and natural shoreline will not be undermined: the natural angle of repose for area sediments will not be oversteeped; dredging adjacent to bulkheads will be undertaken so that the depth of the area to be dredged does not exceed the toe of the bulkhead, and the bulkhead will not be undermined or weakened in any manner; III-19 dredging activity shall not alter the natural movement or flow of harbor waters in a manner that will increase the erosion potential of Village shoreline areas. See Policy 35. POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVE STRUCTURES WHERE NECESSARY TO PROTECT HUMAN LIFE, AND NEW DEVELOPMENT WHICH REQUIRES A LOCATION WITHIN OR ADJACENT TO AN EROSION HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING DEVELOPMENT; Ah~ ONLY WHERE THE PUBLIC BENEFITS OUTWEIGH THE LONG TERM MONETARY AND OTHER COSTS INCLUDING THE POTENTIAL FOR INCREASING EROSION AND ADVERSE EFFECTS ON NATURAL PROTECTIVE FEATURES. Explanation of Policy Public funds are used for a variety of purposes on the Village's shoreline. This policy recognizes the public need for the protection of human life and existing investment in development or new development which requires a location in proximity to the coastal area or in adjacent waters to be able to function. However, it also recognizes the adverse impacts of such activities and development on the rate of erosion and on natural protective features and requires that careful analysis be made of such benefits and long-term costs prior to spending public funds. POLICY 17 WHENEVER POSSIBLE, USE NON-STRUCTURAL MEASURES TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION. SUCH MEASURES SHALL INCLUDE: (i) THE SET BACK OF BUILDINGS AND STRUCTURES; (ii) THE PLANTING OF VEGETATION AND THE INSTALLATION OF SAND FENCING AND DRAINING; (iii) THE RESHAPING OF BLUFFS; AND (iv) THE FLOOD-PROOFING OF BUILDINGS OR THEIR ELEVATION ABOVE THE BASE FLOOD LEVEL. Explanation of Policy This policy recognizes both the potential adverse impacts of flooding and erosion upon development and upon natural protective features in the coastal area as well as the costs of protection against those hazards which structural measures entail. This policy shall apply to the planning, siting and design of proposed activities and development, including measures to protect existing activities and development. To ascertain consistency with the policy, it must be determined if any one, or a combination of, non-structural measures would afford the degree of protection appropriate both to the character and purpose of the activity or development, and to the hazard. If non-structural measures are determined to offer sufficient protection, then consistency with this policy would require the use of such measures wherever possible. III-20 In determining whether or not non-structural measures to px.~tect against erosion or flooding will afford the degree of prote~ion appropriate, an analysis, and if necessary, other materials such as plans or sketches of the activity or development, of the site and of the alternative protection measures should be prepared to allow an assessment to be made. See Policies I1, 12, 13, 14, and 15. GENERAL POLICY POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVIRONMENTAL INTEREST OF THE STATE AND ITS CITIZENS, PROPOSED MAJOR ACTIONS IN THE COASTAL AREA MUST GIVE FULL CONSIDERATION TO THOSE INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE HAS ESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS. Explanation of Policy Proposed major actions may be undertaken in the coastal area if they will not significantly impair valuable coastal waters and resources, thus frustrating the achievement of the purposes of the safeguards which the State has established to protect those waters and resources. Proposed actions must take into account the social, economic and environmental interests of the State and its citizens in such matters that would affect natural resources, water levels and flows, shoreline damage, hydro-electric power generation, and recreation. PUBLIC ACCESS POLICIES POLICY 19 PROTECT, MAINTAIN AND INCREASE THE LEVEL AND TYPES OF ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AND FACILITIES SO THAT THESE RESOURCES AND FACILITIES MAY BE FULLY UTILIZED BY ALL THE PUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC RECREATION NEEDS AND THE PROTECTION OF HISTORIC AND NATURAL RESOURCES. IN PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES, BOATING FACILITIES, FISHING AREAS AND WATERFRONT PARKS. Explanation of Policy The three publicly-owned waterfront recreational facilities within the Village are Fifth Street Park, Sandy Beach and the Village/Town boat launching facility. The Village's Fifth Street Park is located in Waterfront Area 3 Just west of Fanning Point; Sandy Beach is located in Waterfront Area 1 west of Young's Point; and the boat launch is located on the east side of Stifling Basin also in Waterfront Area 1. Transportation modes used to gain access to these waterfront recreational facilities include motor driven vehicles, bicycles, watercraft and foot. Access to these facilities by Village residents via existing Village strsets and adjacent waterways is sufficient and shall be maintained. The existing level of public access to these facilities shall not be diminished. It is 111-21 recognized, however, that opportunities for public access to and recreational use of the publicly- owned foreshore can be significantly improved, as discussed in Policy 20. The following guidelines will be used in determining the consistency of a proposed action with this policy: The existing access to public water-related recreation resources and facilities shall not be reduced, nor shall the possibility of increasing access in the future from adjacent or proximate public lands or facilities to public water-related recreation resources and facilities be eliminated, unless in the latter case, estimates of future use of these resources and facilities are too low to Justify maintaining or providing increased public access. The following is an explanation of the terms used in the above guidelines: a. Access - the ability and right of the public to reach and use public coastal lands and waters. Public water-related recreation resources or facilities all public lands or facilities that are suitable for passive or active recreation that requires either water or a waterfront location or is enhanced by a waterfront location. Public lands or facilities - lands or facilities held by State or local government in fee simple or less-than-fee simple ownership and to which the public has access or could have access, including underwater lands and the foreshore. d. A reduction in the existing level of public access-includes but is not limited to the following: (1) The number of parking spaces at a public water-related recreation resource or facility is significantly reduced. (2) The service level of public transportation to a public water-related recreation resource or facility is significantly reduced during peak season use and such reduction cannot be reasonably Justified in terms of meeting systemwide objectives. (3) Pedestrian access is diminished or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities. (4) There are substantial increases in the following: already existing special fares (not including regular fares in any instance) of public transportation to a public water-related recreation resource or facility, except where the public body having Jurisdiction over such fares determines that such substantial fare increases are necessary; and/or admission fees to such a resource or facility, and an analysis shows that such III-22 increases will significantly reduce usage by individuals or families with incomes below the State government established poverty level. e. An elimination of the possibility of increasing public access in the future includes, but is not limited to the following: (1) Construction of public facilities which physically prevent the provision, except at great expense, of convenient public access to public water-related recreation resources and facilities. (2) Sale, lease, or other transfer of public lands that could provide public access to a public water-related recreation resource or facility. (3) Construction of private facilities which physically prevent the provision of convenient public access to public water-related recreation resources or facilities from public lands and facilities. Any proposed project to increase public access to public water-related recreation resources and facilities shall be anslyzed according to the following factors: The level of access to be provided should be in accord with estimated public use. If not, the proposed level of access to be provided shall be deemed inconsistent with this policy. The level of access to be provided shall not cause a degree of use which would exceed the physical capability of the resource or facility. If this were determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with this policy. The State will not undertake or fund any project which increases access to a water-related resource or facility that is not open to all members of the public. POLICY 20 ACCESS TO THE PUBLICLY-OWNED FORESHORE AND TO LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR THE WATER'S EDGE THAT ARE PUBLICLY OWNED SHALL BE PROVIDED, AND IT SHOULD BE PROVIDED IN A MANNER COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL BE RETAINED IN PUBLIC OWNERSHIP. Explanation of Policy While such publicly-owned lands referenced in this policy shall be retained in public ownership, traditional sales of easements on lands underwater to adjacent onshore property owners are consistent with this policy, provided such easements do not substantially interfere with continued public use of the public lands on which the easement is granted. Also, public use of such publicly-owned underwater lands and lands irmnsdiately adjacent to the shore shall be discouraged where such use would III-23 be inappropriate for reasons of public safety, military security, or the protection of fragile coastal resources. The following guidelines will be used in determining the consistency of a proposed action with this policy: Existing access from adjacent or proximate public lands or facilities to the existing public coastal lands and/or waters shall not be reduced, nor shall the possibility of increasing access in the future from adjacent or nearby public lands or facilities to public coastal lands and/or waters be eliminated, unless such actions are demonstrated to be of overriding regional or statewide public benefit, or in the latter case, estimates of future use of these lands and waters are too Iow to Justify maintaining or providing increased access. 2. The existing level of public access within public coastal lands or waters shall not be reduced or eliminated. Public access from the nearest public roadway to the shoreline and along the coast shall be provided by new land use or development, except where (a) it is inconsistent with public safety, military security, or the protection of identified fragile coastal resources; (b) adequate access exists within one-half mile; or (c) agriculture would be adversely affected. Such access shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the The State will not undertake or fund any project which increases access to a water-related resource or facility that is not open to all members of the public. 5. Proposals for increased public access to coastal lands and waters shall be analyzed according to the following factors: The level of access to be provided should be in accord with estimated public use. If not, the proposed level of access to be provided shall be deemed inconsistent with the policy. The level of access to be provided shall not cause a degree of use which would exceed the physical capability of the resource. If this were determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy. In Greenport, in order to provide access opportunities and to enhance the recreational use of the publicly-owned foreshore, modest improvements will be made to the following small waterfront areas located within Village-owned rights-of-way or on privately-owned property located between Village rights-of-way and the waterfront. Each site is of very limited size and not suitable for residential or commercial development. These sites shall be developed into mini waterfront parks for passive recreational activities, since they are unsuitable for intensive receational activity. Improvements to these areas will include benches, III-24 viewing platforms, plaques containing notes of historical significance, refined pedestrian walkways to the waterfront and landscaping. These sites are located in the following locations: Waterfront Area I 1. at the east end of Bay Avenue 2. the narrow section of land between Stirling Street and Stifling Harbor (privately-owned) 3. at the end of Stifling Place at the head of Stifling Basin; Waterfront Area 2 4. at the east end of Wiggins Street (privately-owned) Waterfront Area 3 5. at the LIRR site immediately south of the existing fishing dock 6. at the south end of Fifth Street and the area iu~nediately to the east of Fanning Point. In addition, public access as well as passive recreational activities will be provided for at the Mobil site (see Policy 2lA). POLICY 20A ACCESS TO THE PUBLICLY OWNED FORESHORE AND TO LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR THE WATER'S EDGE SHALL BE PROVIDED THROUGH THE CREATION OF A HARBORWALK IN WATERFRONT AREA 2. Explanation of Policy Increased public access shall be provided to the maximum extent practicable through private and publicly-owned land in the Village, for numerous activities and pursuits which require only minimal facilities for their enjoyment. Such activities include: fishing from a pier, deck or beach; walking along the waterfront; gaining access to vantage points from which to view the water or activities taking place in the harbor; birdwatching; and photography. All waterfront development within Waterfront Area 2 (from an inclusive of Claudios Restaurant and Marina, to and inclusive of the Long Island Rail Road property) shall be required, as law permits, to provide public access to the foreshore through the creation of a harborwalk. The walkway is to be constructed along the water's edge in an east-west direction from Claudios Restaurant and Marina to the LIRR property. The harborwalk will become part of the overall pedestrian walkway system that will connect and provide convenient access to the Village's active waterfront, business area, and historic landmarks for the interest and enjoyment of the Village residents and visitors. 111-25 POLICY 21 WATER-DEPENDENT AND WATER-ENHANCED RECREATION WILL BE ENCOURAGED AND FACILITATED, AND WILL BE GIVEN PRIORITY OVER NON-WATER RELATED USES ALONG THE COAST, PROVIDED IT IS CONSISTENT WITH THE PRESERVATION AND ENHANCEMENT OF OTHER COASTAL RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE RECREATION OPPORTUNITIES OF THE COAST CAN BE PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTATION SERVICES AND TO THOSE AREAS WHERE THE USE OF THE SHORE IS SEVERELY RESTRICTED BY EXISTING DEVELOPMENT. Explanation of Policy Water-related recreation includes water-dependent activities such as boating, swimming and fishing as well as certain activities which are enhanced by a coastal location and increase the general public's access to the coast, such as a pedestrian walkway system and scenic overlooks that take advantage of coastal scenery. Provided the development of water-related recreation is consistent with the preservation and enhancement of such important coastal resources as existing traditional and/or desired anticipated uses associated with commercial fishing and ship related industries, fish and wildlife habitats, aesthetically significant areas, historic and cultural resources, and provided demand exists, water-related recreation use is to be increased. Such use shall have a higher priority than any non-water-dependent use, including non water-related recreation use. In addition water-dependent recreation use shall have a higher priority over water-enhanced recreation use in areas near or adjacent to the shore. Determining a priority among water-dependent uses other than those listed above, will require a case by case analysis. The siting or design of new public development in a manner which would result in a barrier to the recreational use of a major portion of the Village's shore should be avoided as much as practicable. Among the types of water-dependent recreation, provision of adequate boating services to meet future demand is to be encouraged. The siting of boating facilities must be consistent with preservation and enhancement of other coastal resources and with their capacity to accommodate demand. The provision of new public boating facilities is essential in meeting this demand, but such public actions should avoid competition with private boating development. Boating facilities will, as appropriate, include parking, park-like surroundings, toilet facilities, and pumpout facilities. Private commercial waterfront recreational facilities such as marinas and yacht clubs are concentrated in Waterfront Areas I and 2. See Section II, for a list of private firms which provide water-dependent recreational facilities along the Village's waterfront. Recreational water-dependent uses and facilities that exist and are permitted in these areas include: yacht clubs, boat launching facilities, marinas and dockage for charter fishing and other recreational vessels. In the Village, a range of options, including full or partial public acquisition, may be III-26 purg~sd in order to prevent the conversion of privately-owned water- dependent recreational facilities to another use. See Policies 1, 2, 4 and 10. POLICY 2lA REDEVELOP THE MOBIL SITE FOR PUBLIC WATERFRONT RECREATIONAL USE. Explanation of Policy The Village will pursue acquisition of this 2.6 acre site and convert it to a municipal waterfront park for passive recreational purposes. Use of this site for passive recreation would complement the Village's Fifth Street Park, which is used intensively for active recreation use and to a lesser degree for passive recreation. The Mobil site has the potential to provide water-oriented recreational opportunities such as boat launching, on-shore fishing, viewing waterfowl and other wildlife, viewing s~enic Shelter Island Sound, and viewing commercial and recreational vessels entering and exiting Greenport Harbor. Conversion of this site to a water-oriented municipal recreational facility would significantly enhance the Village's waterfront recreational resources and opportunities for the public to gain access to the waterfront. The development of this site as a municipal park would be far more compatible with existing adjacent uses than the reuse of this site for commercial or industrial purposes. Should the Village not be able to obtain this property for park purposes and it is eventually developed for another use, public access to and/or along the waterfront of this parcel shall, as law permits, be secured. POLICY 22 DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE, WILL PROVIDE FOR WATER-RELATED RECREATION, AS A MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS APPROPRIATE IN LIGHT OF REASONABLY ANTICIPATED DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PURPOSE OF THE DEVELOPMENT. Explanation of Policy Certain developments present practical opportunities for providing recreation facilities as an additional use of the site or facility. Therefore, whenever developments are located adjacent to the shore, they should to the fullest extent permitted by sxisting law provide for some form of water-related recreation use unless there are compelling reasons why any form of such recreation would not be compatible with the development, or a reasonable demand for public use cannot be foreseen. Uses which are appropriate in the Village of Greenport coastal area and which can provide opportunities for water-related recreation as a multiple use include parks, maritime commercial uses and mixed use projects. Prior to taking action relative to any development, State agencies should consult with the Village to determine appropriate recreation uses. The agency should provide the Village with the opportunity to participate in project planning. III-27 AppropriaC,~ recreation uses which do not require any substantial additional con:~ ruction shall be provided at the expense of the project sponsor provided the cost does not exceed 2% of total project cost. In determining whether compelling reasons exist which would make inadvisable recreation as a multiple use, safety considerations should reflect a recognition that some risk is acceptable in the use of recreational facilities. Whenever a proposed development would be consistent with CMP policies and there development could, through the provision of recreation and other multiple uses, significantly increase public use of the shore, then such development should be encouraged to locate adjacent to the shore. See Policies 19, 20 and 21. HISTORIC AND SCENIC RESOURCES POLICIES POLICY 23 PROTECT, ENHANCE AND RESTORE STRUCTURES, DISTRICTS, AREAS OR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE, ARCHEOLOGY OR CULTURE OF THE STATE, ITS COMMUNITIES, OR THE NATION. Explanation of Policy Among the most valuable of Greenport's man-made resources are those structures or areas which are of historic, archeological, or cultural significance. The protection of these structures must involve a recognition of their importance by all agencies and the ability to identify and describe them. Protection must include concern not Just with specific sites but with areas of significance, and with the area around specific sites. The policy is not to be construed as a passive mandate but must include effective efforts when appropriate to restore or revitalize through adaptive reuse. While the program is concerned with the preservation of all such resources within the coastal boundary, it will actively promote the preservation of historic and cultural resources which have a coastal relationship. The structures, districts, areas or sites that are of significance in the history, architecture, archeology or culture of Greenport, the State or the Nation comprise the following resources: 1. A resource on, nominated to be on, or determined eligible to be on the National or State Registers of Historic Places. e An archeological resource which is on the State Department of Education's inventory of archeologlcal sites or the Office of Parks, Recreation and Historic Preservation's Archeological Site File. A local landmark, park, or locally designated historic district that is located within the boundary of an approved local waterfront revitalization program. III-28 Greenport's heritage as a nineteenth-century coastal fishing and trading center is discernible today because its built environment is fairly well preserved. Many Federal, Greek revival and Victorian style buildings can be found throughout the Village. The existence of this well preserved, rich architectural and historic past is the primary reason why tourism has increased significantly in the Village in recent years. Among the numerous resources of architectural and historic importance, one area, the Greenport Village Historic District, is on the National Register of Historic Places. See Section II, Inventory and Analysis, for a more in-depth discussion of the Village's historic district. The Greenport Village Historic District includes the following areas: -- Main Street between the harbor on the south and the intersection of Washington and Bridge Streets on the north; -- First Street between the properties at 411 and 422 First Street and Webb Street; -- Carpenter Street between its intersection with Bay Avenue and its dead end on the north; -- Broad Street between Main Street on the east and First Street on the west; -- Ludlam Place, Central Avenue and Bay Avenue between Carpenter Street on the west and the harbor on the east; and -- Stirling Street between its intersection with Main Street on the west and the properties at 160 and 165 Sterling Street on the east. In the near future, in cooperation with the N.Y.S. Office of Parks, Recreation, and Historic Preservation, additional historic resources outside of the historic district may be identified for nomination to the State and Federal Registers. The following guidelines and standards apply to construction activity within the Greenport Village Historic District: no person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or structure which would adversely affect the appearance and cohesiveness of the district; no person shall make any material change in the appearance of such property, its structures, buildings, outbuildings, walls, signs, sidewalks, fences, steps, paving, topographical features, or other exterior elements visible from a public street or alley which would adversely affect the appearance and cohesiveness of the historic district; III-29 properties which contribute to ~he character of the historic district shall He retained, with their I~istoric features altered as little as possible; -- any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district; and -- new construction shall be compatible with the district in which it is located. In applying the principle of compatibility, the following factors will be considered: -- the general design, character and appropriateness of the proposed alteration or new construction; -- the scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; -- texture, materials, and color and their relation to similar features of other properties in the neighborhood; visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setbacks; and -- the importance of historic, architectural or other features to the significance of the property. Changes to interior spaces, or to architectural features that are not visible from a public street or alley, unless they are open to the public, or publicly-owned or funded, are not subject to the standards and guidelines cited above. Two one-mile square sites shown on the New York State Historic Preservation Office Site File Map, and one, one-mile diameter site shown on the New York State Archeological Site Locations Overlay Map, are sites within or near the Village of Greenport having the potential of being archeologically significant. Given the possibility of zones of archeological sensitivity within the waterfront area, public agencies undertaking activities shall consult with the State Office of Parks, Recreation, and Historic Preservation to determine whether significant archeological resources are present at the site and what measures are necessary to preserve these resources. All practicable means shall be used to preserve significant archeological resources. This policy shall not be construed to prevent the construction, reconstruction, alteration, or demolition of any building, structure, earthwork, or component thereof of a recognized historic, cultural or archeological resource which has been officially certified as being imminently dangerous to life or public health. Nor shall the policy be construed to prevent the ordinary maintenance, repair, or proper restoration, according to the U.S. Department of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, of any III-30 buildings, structure, site or aauthwork~ r component thereof of a recognized historic, cultural or archeologi~':~l resource which does not involve a significant change to the resource, as defined above. POLICY 24 PREVENT IMPAIRMENT OF SCENIC RESOURCES OF STATEWIDE SIGNIFICANCE, AS IDENTIFIED ON THE COASTAL AREA MAP. IMPAIRMENT SHALL INCLUDE: (i) THE IRREVERSIBLE MODIFICATION OF GEOLOGICAL FORMS, THE DESTRUCTION OR REMOVAL OF VEGETATION, THE DESTRUCTION, OR REMOVAL OF STRUCTURES, WHENEVER THE GEOLOGIC FORMS, VEGETATION OR STRUCTURES ARE SIGNIFICANT TO THE SCENIC QUALITY OF AN IDENTIFIED RESOURCE; (ii) THE ADDITION OF STRUCTURES WHICH BECAUSE OF SITING OR SCALE WILL REDUCE IDENTIFIED VIEWS OR WHICH BECAUSE OF SCALE, FORM, OR MATERIALS WILL DIMINISH THE SCENIC QUALITY OF AN IDENTIFIED RESOURCE. Explanation of Why Policy is Not Applicable No scenic resources of statewide significance have been or are likely to identified in the Village's coastal area. POLICY 25 PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE RESOURCES WHICH ARE NOT IDENTIFIED AS BEING OF STATEWIDE SIGNIFICANCE BUT WHICH CONTRIBUTE TO THE OVERALL SCENIC QUALITY OF THE COASTAL AREA. Explanation of Policy The visual characteristics of the Village's coastal area vary widely. The blend of its rugged, bulkheaded shoreline, with pockets of natural beach and maritime vegetation, historic waterfront commercial and residential settlements, combined with varied and spectacular views of Stirling Basin, Greenport Harbor, and Shelter Island Sound make the Village's shoreline a unique and valuable waterfront resource of high visual quality. In order for the Village to realize the full potential of its waterfront as a scenic resource, visually degrading conditions found in the three waterfront areas and in the CBD shall be removed. Flashing, mobile, directly illuminated or reflecting cloth or flyer signs shall not be erected, affixed, or maintained in the Village, and the source of any exterior illumination shall not be visible across property lines. In addition, marquees shall not be erected over any public street or sidewalk in the Village. Specific waterfront sites which contain deteriorated structures include the Barstow shipyard site, the Mitchell property, and the Mobil site. Generally, these sites contain abandoned or derelict structures that are in a state of disrepair. In order to remove unslightly conditions in the Village's CBD, which include but are not limited to overhead electrical and telephone lines, deteriorated building facades, inadequate landscaping, etc., the Village III-31 will implement revitalization and redevelopment effort~ according to the standards and guidelines of the CBD design plan mentioned in Policy lB. In addition, the Village's Historic District furthers the goal of improved scenic quality in the Village by serving to preserve and protect the small harbor character and architecturally rich resources of the Village. See Policies iA, lB and 23. AGRICULTURAL LANDS POLICY POLICY 26 TO CONSERVE AND PROTECT AGRICULTURAL LANDS IN THE STATE'S COASTAL AREA, AN ACTION SHALL NOT RESULT IN A LOSS, NOR IMPAIR THE PRODUCTIVITY, OF IMPORTANT AGRICULTURAL LANDS, AS IDENTIFIED ON THE COASTAL AREA MAP, IF THAT LOSS OR IMPAIRMENT WOULD ADVERSELY AFFECT THE VIABILITY OF AGRICULTURE IN THE AGRICULTURAL DISTRICT OR IF THERE IS NO AGRICULTURAL DISTRICT, IN THE AREA SURROUNDING SUCH LANDS. Explanation of Why Policy is Not Applicable There are no significant agricultural lands in the Greenport coastal area. ENERGY A~ ICE MANAGEMENT POLICIES POLICY 27 DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR ENERGY FACILITIES IN THE COASTAL AREA WILL BE BASED ON PUBLIC ENERGY NEEDS, COMPATIBILITY OF SUCH FACILITIES WITH THE ENVIRONMENT, AND THE FACILITY'S NEED FOR A SHOREFRONT LOCATION. Explanation of Why Policy is Not Applicable As a small and urbanized community, the Village lacks any land area on which a major energy facility might be sited. POLICY 28 ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE SIGNIFICANT FISH AND WILDLIFE AND THEIR HABITATS, INCREASE SHORELINE EROSION OR ~LOODING, OR INTERFERE WITH THE PRODUCTION OF HYDROELECTRIC POWER. Explanation of Why Policy is Not Applicable Although the improved shoreline areas of the Village do sustain slight damage to maritime structures due to winter ice, the provision of air bubble systems throughout marina areas, the only potentially relevent management practice, is generally unwarranted because the damage is so slight. See Policy 13A. III-32 POLICY 29 ENCOURAGE THE DEVELOPMENT OF ENERGY RESOURCES ON T ~ OUTER CONTINENTAL SHELF, IN LAKE ERIE AND IN OTHER WATER BOD_ES, AND ENSURE THE ENVIRONMENTAL SAFETY OF SUCH ACTIVITIES. Explanation of Policy The State recognizes the need to develop new indigenous energy sources. It also recognizes that such development may endanger the environment. Among the various energy sources being examined are those which may be found on the Outer Continental Shelf (OCS). Matters pertaining to the OCS are the responsibility of the Department of Environmental Conservation. In 1977, the Department, in cooperation with regional and local agencies, completed a study which identified potential sites along the marine coast for on-shore OCS facilities. To date, these sites have not been developed for this purpose. The Department, also, actively participates in the OCS planning process by reviewing and voicing the State's concerns about Federal OCS oil and gas lease sales and plans. In its review of these proposed sales and plans, the Department considers a number of factors such as the effects upon navigational safety in the established traffic lanes leading into and from New York Harbor; the impacts upon important finfish, shellfish and wildlife populations and their spawning activities, impacts upon public recreational resources and opportunities along the marine coast; the potential for hazards; impacts upon biological communities; and water quality. WATER AND AIR RESOURCES POLICIES POLICY 30 MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISC}lARGE OF POLLUTANTS INCLUDING BUT NOT LIMITED TO, TOXIC AND HAZARDOUS SUBSTANCES, INTO COASTAL WATERS WILL CONFORM TO STATE AND NATIONAL WATER QUALITY STANDARDS. Explanation of Policy Municipal, industrial and co~mnercial discharges include not only "end-of-the pipe" discharges into surface and groundwater, but also plant site runoff, leaching, spillage, sludge and other waste disposal, and drainage from raw material storage sites. Also, the regulated industrial discharges are both those which directly empty into receiving coastal waters and those which pass through municipal treatment systems before reaching the State's waterways. The Village's modern secondary sewage treatment facility is located on Moore's Lane within the Village, but effluent from the plant, after it is chlorinated, is discharged into Long Island Sound. The end of the pipe discharge from the treatment system is located north of the Village in the Town of Southold. This system serves all residential and commercial establishments within the Village of Greenport. Due to the lack of industry in the Village, other than co~ercial fish processing facilities, the majority of the sewage treated at the plant is human waste from residential and commercial uses. No commercial establishment discharges III-33 its waste into Stirling Basin or Shelter Island Sound, nor shall any such discharges be permitted in the future. POLICY 31 STATE COASTAL AREA POLICIES AND PURPOSES OF APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAMS WILL BE CONSIDERED WHILE REVIEWING COASTAL WATER CLASSIFICATIONS AND WHILE MODIFYING WATER QUALITY STANDARDS; HOWEVER, THOSE WATERS ALREADY OVERBURDENED WITH CONTAMINANTS WILL BE RECOGNIZED AS BEING A DEVELOPMENT CONSTRAINT. Explanation of Policy The State has classified its coastal and other waters in accordance with the considerations of best usage in the interest of the public and has adopted water quality standards for each class of waters. These classifications and standards are reviewable at least every three years for possible revision or amendment. Local Waterfront Revitalization Programs and State coastal management policies shall be factored into the review process for coastal waters. However, such consideration shall not affect any water pollution control requirement established by the State pursuant to the Federal Clean Water Act. Current classifications of fresh and saline waters in Greenport are given in Section II, page II-7. The freshwater and saltwater "D" classification for the freshwater and tidal portions of Moore's Drain, and the freshwater "D" classification for Silver Lake are consistent with existing and proposed land and water uses. The saline waterbodies of Stirling Basin and Shelter Island Sound are classified as "SA" which permits shellfishing for market purposes and primary contact recreation. Both Stirling Basin and that portion of Shelter Island Sound within the legal jurisdiction of the Village of Greenport, also known as Greenport Harbor, have been closed to shellfishing since the early 1960's, except for a short period in the 1970's when shellfishing was allowed on an experimental basis. Sources of pollution which are believed to be major contributors to the closing of Stirling Basin and Greenport Harbor for shellfishing include but are not limited to: stormwater runoff from Village roads and developed waterfront area properties; and debris from waterfront area land uses and recreation and com~nercial vessels. The SA classification for Stirling Basin and Greenport Harbor is consistent with existing and proposed land and water uses. POLICY 32 ENCOURAGE THE USE OF ALTERNATIVE OR INNOVATIVE SANITARY WASTE SYSTEMS IN SMALL COMMUNITIES WHERE THE COSTS OF CONVENTIONAL FACILITIES ARE UNREASONABLY HIGH, GIVEN THE SIZE OF THE EXISTING TAX BASE OF THESE COMMUNITIES. Explanation of Why Policy is Not Applicable All development within the Village of Greenport is and will be serviced by the Village's municipal sewage system. III-34 POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL OF STORMWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING INTO COASTAL WATERS. Explanation of Policy Best management practices include both structural and non-structural methods of preventing or mitigating pollution caused by stormwater runoff. Stormwater runoff in the Village collects in street gutters and flows directly into Village wetlands and surface waterbodies. The Village sewer system is a separate, closed system not affected by the flow of stormwater runoff. At present, the development of a municipal stormwater collection system to better control stormwater runoff and to lessen the impact on surface water quality is desired but not economically feasible. To reduce the amount of stormwater runoff and pollutants entering coastal waters, the following non-structural and structural approaches shall be employed: -- reduced use of road salt and improved street cleaning will be encouraged; -- for all new co:m~ercial development, stormwater collection systems are required; during the construction period of a site development, stormwater runoff generated by development activity will be contained on-site through the use of holding ponds or other means in order to reduce site erosion and excessive sediments from entering coastal waters; disturbed soils that are exposed during the construction period of site development shall be covered with a mulch in order to reduce the erosion potential of the exposed soil from the forces of rain and wind; -- in no case shall stormwater be diverted to another property during site preparation or after development has been completed. POLICY 34 DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS FROM VESSELS WILL BE LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND WILDLIFE HABITATS, RECREATIONAL AREAS AND WATER SUPPLY AREAS. Explanation of Policy The discharge of sewage, garbage, rubbish, and other solid and liquid materials from watercraft and marinas into the State's waters is regulated. Priority will be given to the enforcement of this law in areas such as shellfish beds and other significant habitats, beaches, and public water supply intakes, which need protection from contamination by vessel wastes. Also, specific effluent standards for marine toilets have been promulgated by the Department of Environmental Conservation (6NYCRR, Part 657). III-35 The dumping of oil, refuse, garbage, sewage, or waste is prohibited within Village waters. To further the intent of this policy, pumpout facilities are required at new marinas or expansions of existing marinas within the coastal area of the Village. Pumpout facilities must also be installed at all marinas within three (3) years from the approval date of Greenport's Local Waterfront Revitalization Program. POLICY 35 DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL WATERS WILL BE UNDERTAKEN IN A MANNER THAT MEETS EXISTING STATE DREDGING PERMIT REQUIREMENTS, AND PROTECTS SIGNIFICANT FISH AND WILDLIFE HABITATS, SCENIC RESOURCES, NATURAL PROTECTIVE FEATURES, IMPORTANT AGRICULTURAL LANDS AND WETLANDS. Explanation of Policy Dredging often proves to be essential for waterfront revitalization and development, maintaining navigation channels at sufficient depths, pollutant removal and meeting other coastal management needs. Such dredging projects, however, may adversely affect water quality, fish and wildlife habitats, wetlands and other important coastal resources. Often these adverse effects can be minimized through careful design and timing of the dredging operation and proper siting of the dredge spoil disposal site. Dredging permits will be granted if it has been satisfactorily demonstrated that these anticipated adverse effects have been reduced to levels which satisfy State dredging permit standards set forth in regulations developed pursuant to Environmental Conservation Law (Articles 15, 24, 25 and 34), and are consistent with the policies of this program which pertain to the protection of coastal resources. Two locations in the Village require dredging on a periodic basis. One location is the Federal navigation channel in Stirling Basin and the other location is the commercial fishing dock at the LIRR property. Since the Federal Navigation Channel in Stifling Basin was completed in 1939, it has been dredged three times. The last time, 1976, 12,000 cubic yards were dredged to allow recreation boats and commercial fishing vessels to pass through the channel to existing marinas and commaercial fishing facilities along the shore of Stirling Basin. In 1983, 41,700 cubic yards were dredged from the underwater lands in the vicinity of the commercial fishing dock in order to provide adequate water depth for commercial fishing vessels. In the past, material dredged from the waters of Greenport have consisted mainly of sand and/or gravel and have been suitable for beach nourishment. When dredging is proposed in Greenport, the following guidelines shall be used in determining dredge spoil deposition. Village beach areas suitable for beach nourishment will be given priority consideration over other potential beach areas outside of the Village which are suitable for beach nourishment. -- Dredge spoil for beach nourishment shall be of suitable quality. Dredge spoil shall be deposited in such a manner which does not result in the introduction or reintroduction of dredge material into Stifling Basin or the underwater lands near the commercial fishing dock. 111-36 When dredging is conducted near the Village's shoreline or w~thin Village waters the standards as listed in Policy 15 shall be met. POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLEUM AND OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN A MANNER THAT WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO COASTAL WATERS; ALL PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE THE CLEANUP OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGES WILL BE REQUIRED WHEN THESE SPILLS OCCUR. Explanation of Policy See Policy 39 for definition of hazardous wastes. This policy shall apply not only to com~ercial storage and distribution facilities but also to residential and other users of petroleum products, radio-active and other toxic or hazardous wastes. Spills, seepage or other accidents which occur on or adjacent to coastal waters or which, by virtue of natural or man-made drainage facilities, eventually reach coastal waters, are included under this policy. Ail government agencies shall act vigorously under the applicable laws and regulations (including the New York State Petroleum Bulk Storage Act of 1983 and regulations issued thereunder) to prevent or control such discharges, to minimize drainage from them, and to obtain full and prompt compensation for the damage and cost caused by them. To this end the Village will seek the cooperation of neighboring municipalities and of the State and County authorities concerned. POLICY 37 BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO MINIMIZE THE NON-POINT DISCHARGE OF EXCESS NUTRIENTS, ORGANICS AND ERODED SOILS INTO COASTAL WATERS. Explanation of Policy Best management practices used to reduce these sources of pollution could include but are not limited to, encouraging organic gardening and best management principles, soil erosion control practices, and surface drainage control techniques. In the residential areas of the Village, primary sources of pollution which contribute to the non-point discharge of excess nutrients and organics into coastal waters are usually connected with products used to maintain lawns and gardens. The use of pesticides, herbicides and organic compounds which can degrade surface and groundwater quality will be discouraged through public education programs and by encouraging the use of landscape materials native to Long Island. Standards used to reduce or eliminate eroded soils into coastal waters are listed in Policy 33. III-37 POLICY 38 THE QUALITY AND QUANTITY OF SURFACE WATER AND GROUNDWATER SUPPLIES, WILL BE CONSERVED AND PROTECTED, PARTICULARLY WHERE SUCH WATERS CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY. Explanation of Policy Surface and groundwater are the principle sources of drinking water in the State, and therefore must be protected. Since Long Island's groundwater supply has been designated a "sole source aquifer", all actions must be reviewed relative to their impacts on Long Island's groundwater resources. The Village has encountered problems with contamination of its water supply from agricultural chemicals, primarily nitrates and pesticides, and from saltwater intrusion. Contamination of its water supply is due in large part to the practice of agriculture, the largest land use in the surrounding Town of Southold. With continued assistance from the County, State, and Federal agencies, every effort will be made to provide potable water from the Village's municipal water supply system to Village residents, and if the current practice continues, to others in the outlying area of the Town of Southold who rely on the Village's water system for water needs. (The Village is conducting a comprehensive water quality and quantity study in order to evaluate options with regard to meeting future water supply needs.) POLICY 39 THE TRANSPORT, STORAGE, TREATMENT AND DISPOSAL OF SOLID WASTES, PARTICULARLY HAZARDOUS WASTES, WITHIN COASTAL AREAS WILL BE CONDUCTED IN SUCH A MANNER SO AS TO PROTECT GROUNDWATER AND SURFACE WATER SUPPLIES, SIGNIFICANT FISH AND WILDLIFE HABITATS, RECREATION AREAS, IMPORTANT AGRICULTURAL LANDS AND SCENIC RESOURCES. Explanation of Policy The definitions of terms "solid wastes" and "solid wastes management facilities" are taken from New York's Solid Waste Management Act (Environmental Conservation Law, Article 27). Solid wastes include sludges from air or water pollution control facilities, demolition and construction debris and industrial and commercial wastes. Hazardous wastes are unwanted by-products of manufacturing processes generally characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law (Section 27-0901.3) as "a waste or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly 111-38 t~eated, stored, transported, disposed or otherwise managed." A list of hazardous wastes has been adopted by DEC (6NYCRR, Part 371). Examples of solid waste management facilities include resource recovery facilities, sanitary landfills and solid waste reduction facilities. Although a fundamental problem associated with the disposal and treatment of solid wastes is the contamination of water resources, other related problems may include: filling of wetlands and littoral areas, atmospheric loading, and degradation of scenic resources. POLICY 40 EFFLUENT DISCHARGED FROM MAJOR STEAM ELECTRIC GENERATING AND INDUSTRIAL FACILITIES INTO COASTAL WATERS WILL NOT BE UNDULY INJURIOUS TO FISH AND WILDLIFE AND SHALL CONFORM TO STATE WATER QUALITY STANDARDS. Explanation of Why Policy is Not Applicable There are no steam electric generating or industrial facilities existing, planned, or possible to site in the Village of Greenport waterfront area. POLICY 41 LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL NOT CAUSE NATIONAL OR STATE AIR QUALITY STANDARDS TO BE VIOLATED. Explanation of Policy The Village's Local Waterfront Revitalization Program incorporates the air quality policies and programs developed for the State by the Department of Environmental Conservation pursuant to the Clean Air Act and State laws on air quality. The requirements of the Clean Air Act are the minimum air quality control requirements applicable within the waterfront area. Program decisions with regard to specific sites for major new or expanded energy, transportation, or co~ercial facilities will reflect an assessment of their compliance with the air quality requirements of the State Implementation Plan. POLICY 42 COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED IF THE STATE RECLASSIFIES LAND AREAS PURSUANT TO THE PREVENTION OF SIGNIFICANT DETERIORATION REGULATIONS OF THE FEDERAL CLEAN AIR ACT. Explanation of Policy The policies of this program concerning proposed land and water uses and the protection and preservation of coastal resources will be taken into account prior to any action to change prevention of significant deterioration land classifications in the coastal region or adjacent areas. III-39 POLICY 43 ~ USE OR DEVELOPMENT IN THE COASTAL AREA MUST NOT CAUSE THE GENERATION OF SIGNIFICANT AMOUNTS OF THE ACID RAIN PRECURSORS: NITRATES AND SULFATES. Explanation of Policy The Village's Local Waterfront Revitalization Program incorporates the State's policies on acid rain. As such, this program assists in the State's efforts to control acid rain. These efforts to control acid rain will enhance the continued viability of coastal fisheries, wildlife, scenic and water resources. POLICY 44 PRESERVE AND PROTECT TIDAL AND FRESHWATER WETLANDS AND PRESERVE THE BENEFITS DERIVED FROM THESE AREAS. Explanation of Policy Tidal wetlands include the following ecological zones: coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; littoral zone; high marsh or salt meadow; and formerly connected tidal wetlands. These tidal wetland areas are officially delineated on the Department of Environmental Conservation's Tidal Wetlands Inventory Map. Freshwater wetlands include marshes, swamps, bogs and flats supporting aquatic and semi-aquatic vegetation and other wetlands so defined in the New York State Freshwater Wetlands Act and the New York State Protection of Waters Act. Village freshwater wetlands are located within Moore's Woods and include: Silver Lake and the freshwater wetlands immediately adjacent and contiquous to the Lake, and the non-tidal portion of Moore's Drain. Tidal wetlands within the Village include the tidal portion of Moore's Drain and the wetlands found in isolated locations along the shoreline of Stifling Basin and Greenport Harbor. See Map 3, Natural Characteristics, for the approximate location of these wetland areas. The following actions are prohibited unless a written permit is issued by the Village. - To place or deposit debris, fill or materials, including structures, into, within, or upon any freshwater or tidal wetland. - To dig, dredge, or in any other way alter, or remove any material from any submerged land, or freshwater or tidal wetland. All uses and operations approved by the Village shall be conducted in a manner that will cause the least possible damage to, encroachment on, or interference with any tidal and freshwater wetland. The Department of Environmental Conservation shall be notified of proposed actions within 100 feet of any freshwater wetland and within 300 feet of any tidal wetland in order to assess the impact of the proposed action on the freshwater or tidal wetland. III-40 SECTION IV. PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS A. PROPOSED LAND AND WATER USES Greenport's existing land use pattern has been well established for some time. The five general land use categories that characterize the Village include: marine commercial, retail commercial, general commercial, open space and residential (See Map 9, General Land and Water Uses). The land use plan that follows is consistent with the Village's existing land use pattern. The purpose of this plan is to ensure that future development trends will be compatible with the existing land use pattern. Thus, this existing pattern and the character of the Village will be preserved and maintained. Specific zoning legislation necessary to implement the land use plan is discussed in Section V. The land use plan presented herein contains the five general land use categories with marine commercial discussed according to its application in Waterfront Areas 1, 2, and 3. MARINE COMMERCIAL Waterfront Area 1 Most of the waterfront in Waterfront Area 1, which includes the waterfront from Young's Point along Stifling Basin to and inclusive of S.T. Preston and Son, Inc., is in water-dependent use. Eleven major water- dependent firms exist here and provide a range of water-dependent commercial and recreational uses which include: shellfish and finfish processing; retail and wholesale of seafood products; facilities for off-loading of fish from commercial fishing vessels; engine and hull repairs; ship/boat building; wet and dry boat storage; boat sales; dockage for transient vessels; marinas for recreational boats; marine contracting; and sale of marine supplies. One site, the former Sweet Shipyard, is in high-density residential use. This use will be maintained, but the land use category will be changed to one which reflects the existing and proposed land use at this site. The previous land use category in Waterfront Area 1 generally reflected the existing waterfront commercial development pattern; however two significant adjustments were made to achieve the objective of limiting land use in Waterfront Area 1 to water-dependent uses. One adjustment eliminated water-enhanced uses, which were permitted in the previous waterfront commercial area. Such permitted uses as restaurants, retail sales, manufacturing for retail, and motels, hotels and boatels were deleted. By doing so, the potential for encroachment by conflicting water-enhanced uses on water-dependent areas was eliminated. Such an action serves to protect and maintain the traditional uses of commercial fishing and ship craft, which comprise the very essence of Greenport's working waterfront heritage. This action also serves to protect and maintain existing, non-traditional water-dependent uses such as IV-2 Blue Pond ¢ Co~stal ~'.anat:e~:en[ Progra:~ with financial assistance from tr.,2 C-G t OS Pipe~ SCALE: 1": 872 Fanning 0 43H z~..Zz~ M-C' andy ngs Pt MARINE COMMERCIAL RETAIL COMMERCIAL GENERAL LAND & WATER USES M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE 0 F G R E ENPORT 9 recreational marinas and yacht clubs. By eliminating conflicting land uses, a more predictable, stable land use climate is established in which investment opportunities for expansion or development of water-dependent commercial uses is encouraged. This action also reduces the potential for commercial sprawl and serves to strengthen the Village's Central Business District where non water-dependent commercial uses exist, are permitted, and desired. The other adjustment to Waterfront Area 1 was to broaden its base of water-dependent commercial use by incorporating the Winter Harbor Fisheries (Marine Associates) property into the new land use category, as discussed below. The preferred uses for the Winter Harbor Fisheries property and the preferred reuse(s) for the former Barstow shipyard site, which is also in Waterfront Area 1, are discussed below. Both of these properties have been identified in this program as underutilized/deteriorated sites. Winter Harbor Fisheries Property This vacant 1.0 acre parcel is located on the west shoreline of Stirling Basin, adjacent to the Village's existing waterfront commercial area. Immediately south of this property lies an existing Winter Harbor Fisheries shellfish processing facility. Private docks and a marine contracting firm are located to the north of this property. To the west is a one-and two- family residential area. The shoreline section of this property is characterized by a 130 foot section of maintained bulkhead and a series of tie-up pilings placed off-shore along its length, making it a desirable site for boating activity or some other water-dependent activity. Since this vacant site is situated near existing waterfront commercial uses and is developed with bulkheading and pilings, it is included in the new waterfront commercial land use category. Although a range of waterfront commercial uses are permitted for properties in the new waterfront commercial area, preferred uses for this site include, but are not limited to: storage of water-dependent equipment; or facilities for non-intensive boating activity to take advantage of the existing off-shore pilings. A practical option for the use of this site is the development of cold storage facilities to accommodate the sea-food products from the adjacent Winter Harbor Fisheries shellfish processing plant. These suggested non-intensive waterfront commercial uses are compatible with the existing residential use to the west of this site. However, mitigation measures such as adequate buffering must be considered if this site is developed for cold storage or other ware-dependent uses. Barstow Shipyard Site This County-owned site, like the Winter Harbor Fisheries property, is in the new waterfront commercial land use category. This site is bounded by two active water-dependent commercial uses: Cooper's Fish Processing Company and the Gresnport Yacht and Shipbuilding Company, located to the northeast and south, respectively. Residential land use borders this site to the north, and to the west is Main Street. This site is blighted by 100 feet of severely deteriorated bulkhead, and the existence of several IV-4 half-sunken vessels and abandoned boats on the waterfront and upland. The site is not used in a productive manner and is considered to be unsightly and a safety hazard. The existing warehouse structures that were formerly used for shipbuilding activities are in relatively good shape and contain 38,000 square feet of floor area. The Village is considering a joint partnership with the co~m~srcial fishing industry to purchase this site from the County and develop it for commercial fishing support facilities. The facilities could provide for weighing and packaging, unloading, fuel, minor repairs of vessels, and ice. If this does not occur, the preferred uses for this site include: boat storage, boat repair, boat building and dockage for small commercial fishing vessels. The existing warehouse structure is suitable for reuse of this nature, and such reuse would be compatible with the adjacent waterfront commercial uses to the northeast and south. Another possible alternative for the reuse of this site is the expansion of either the adjacent ship building company located to the south or the fish processing company located to the north. Townsend Manor Inn Although this site is located in Waterfront Area 1, proposed land use is the same as the proposed land use in Waterfront Area 2 (discussed below), where water-enhanced use is permitted. This site is located on the west shoreline of Stirling Basin and abuts the northern reaches of the existing waterfront commercial area, where an existing boat yard is located to the south of this site. A one- and two-family residential area exists to the northwest, west and southwest of this property. Existing uses on this site include dockage for transient vessels, a hotel and bar/restaurant. Waterfront Area 2 Waterfront commercial activity is permitted in this entire waterfront area. Five major water-dependent firms exist in this area and provide the following uses: dock space and support facilities for recreational vessels; marine supply sales; and ferry transportation service. The Village commercial fishing dock is also located here, providing dock space for large transient commercial fishing vessels. Unlike the waterfront commercial area in Waterfront Area 1, where there are very few water-enhanced uses among the many water-dependent commercial and recreational uses, there are many water-enhanced uses located in Waterfront Area 2. These consist mostly of retail shops and restaurants. For the most part, these uses are concentrated along the east side of Third Street, the south side of Front Street, and the west side of Main Street. The combination of water-dependent and water-enhanced uses is desired in this waterfront commercial area because it is appropriate for the sea-side resort ambience that exists. This ambience serves as a major factor in drawing tourists to Greenport. Adjustments to the previous land use category in Waterfront Area 2 were made to achieve a desired mix of land uses. However, the potential IV-5 to develop water-enhanced uses, such as hotels, restaurants and non-water- related retail shops, immediately adjacent to the water's edge was eliminated. Such development, on lands immediately adjacent to the water's edge, would have meant the near irretrievable loss of precious waterfront land which has historically served and should continue to serve Greenport's working waterfront. This land area shall be reserved for water-dependent commercial and recreational uses. Water-enhanced uses will continue to be permitted but will be so on a conditional basis in order to provide greater control over their location. Continuing to locate water-enhanced uses inland, near Third, Front, and Main Streets, is also important from another perspective. These uses provide a transition from the waterfront commercial area to the retail commercial area, where a similar, but wider range of retail uses and personal service shops exist and are permitted. Discussed below are the preferred reuse possibilities for the Mitchell property, the vacant portion of the Bohack site, and the LIRR property. All three of these sites have been identified as underutilized/deteriorated sites and are located in the Waterfront Commercial Area 2. Mitchell Property This site (3.5 acres) is located between Main and Third Streets and is bordered by Front Street and Greenport Harbor to the north and south, respectively. This site is located in the heart of the Village's Central Business District. Existing development on this site consists of a relatively small restaurant. Most of the inland portion of this site is undeveloped and covered with pavement. The waterfront portion of this parcel contains 500 feet of shoreline, with 1,200 feet of deteriorating bulkhead, and six long wooden docks that are in poor condition. Adjacent land uses include the East End Supply Company and the Greenport Post Office to the west, and several small commercial businesses to the east. Due to the large size of this parcel, its potential to accommodate a large commercial development, and its key location in the heart of the Village's CBD, the successful redevelopment of this parcel may be a catalyst to Greenport's revitalization. The preferred reuse of this site is the development of a small-scale hotel/convention center complex for transient use on the land area adjacent to Front Street, and the development of a recreational boating marina on the harborside. The development of a quality hotel/convention center complex would draw people to the Village throughout the year, have a positive impact on the economy by extending the Village's retail/commercial season, would generate spin-off benefits to local merchants, and relieve seasonal unemployment. The waterfront and docking facilities should be redesigned to increase the recreational docking capacity along the shoreline. Any redevelopment of this property should include the harborwalk, which will be developed along this entire waterfront area. Pedestrian corridors connecting the sidewalk on Front Street to the harborwalk should also be provided, and is critical to the success of the circumferential walkway system planned for the Village. IV-6 Bohack Property The .3 acre vacant portion of this site is located between Third Street and Greenport Harbor. This site has approximately 200 feet of sandy shoreline located between the Mitchell property and the Shelter Island Ferry Terminal. A variety of co~nercial and marine commercial uses border this site. The preferred use for the shoreline of this site is for recreational vessels, and for a segment of the harborwalk, connecting the LIRR property to the East End Supply Company parcel. A pedestrian corridor should also be established from the harborwalk through the developed portion of this site, which contains the existing retail mini-mall extending to the sidewalk of Front Street. The harborwalk on this parcel could provide pedestrians coming off the Shelter Island - Greenport Ferry with an alternate, visually appealing access route along the waterfront to the Village's Central Business District. Secondary considerations for this site include passenger support such as a snack bar or delicatessen for those using the Shelter Island-Greenport Ferry. These uses could be located inland to the west of the dockage area near the ferry office and waiting area on Third Street. Consideration should also be given to utilizing the northern edge of the panhandle portion of the property fronting on Third Street as a street connector to the Mitchell property. The final design plan for the Mitchell property will determine whether this is an appropriate consideration or not. LIRR Property The LIRR property and dock (7 acres) is located at the southerly terminus of Third Street and the main line terminus of the railroad in Greenport. The existing rail station will be converted to a Village police station and the old freight depot is currently used as a warehouse. Most of this property is used for parking or is vacant. The waterfront portion of this parcel is developed with approximately 320' of bulkhead and a large dock constructed for use by large, transient, commercial fishing vessels. Residential areas border the southern and northwestern portions of this site. The dock abuts the Shelter Island-Greenport Ferry Company and parking facility to the north. The commercial fishing pier should be kept available for continued use for commercial fishing vessels, unless there are extenuating circumstances which require the use of the dock by other fishing interests for a temporary or very limited period of time. Preferred, additional use possibilities for this site include an accessory dock constructed near the existing commercial fishing dock for use by one or more of the following groups: locally operated commercial fishing vessels; charter or party fishing boats; or large transient tour boats whose base is outside of Greenport. Waterfront Area 3 Residential land use dominates this shoreline area. The only remaining sign of waterfront commercial activity is the abandoned Mobil petroleum IV-7 storage facility, located in the southern half of this waterfront area. This site, although suited for recreational use, as discussed in the open space portion of this section, will be retained in a residential land use category, as will the rest of Waterfront Area 3. Two sites on Fanning Point, the former oyster shucking factory on the west side and the former Old Oyster Factory Restaurant on the east side, will be developed in high-density residential use. This use will be maintained at these sites; however, the land use category will be changed to one that reflects the existing and proposed land use at these sites. RETAIL AND GENERAL COMMERCIAL AREAS The retail comznercial area allows for a mixture of retail stores, restaurants, hotels, personal service shops, business, professional and government offices. The general boundary of this area is Carpenter Street to the east, Front Street to the south, Center Street to the north and Fourth Street to the west. This area, combined with the retail and waterfront commercial activity in adjacent Waterfront Area 2 to the south, constitutes the Village's CBD. This area will be maintained in its current General commercial use, which includes retail, wholesale, non-personal service establishments, motor vehicle-related facilities, and light manufacturing, is confined to the inland portions of the LIRR property and on relatively small strips of land west of the LIRR site on Moore's Lane. These sites will be maintained in general commercial use. OPEN SPACE AREAS Village-owned inland properties used for park or open space use include: Third Street Park, Curt Breeze Memorial Field (Polo Grounds), Reeve Memorial Park, Adams Street Park, and the vast woodlands and wetlands of Moore's Woods. Village-owned waterfront properties used for park or open space include: Fifth Street Park, Sandy Beach, the boat ramp on the east side of Stirling Basin, and small areas of waterfront land at the end of Village streets. These sites shall be maintained in park and open space use through the creation of a new park land use category. The abandoned, privately-owned Mobil site is designated for open space use. This site is located northeast of Fanning Point and is bordered by Clark Street, Fourth Street, and Greenport Harbor to the north, west, south, and east, respectively. Although this site is not actively used, several structures remain. There is also 600 feet of bulkhead fronting on Greenport Harbor. Residential areas surround this site to the northwest and west. Commercial reuse of this site, next to these residential areas, would be incompatible. Commercial reuse of this site would also he in direct contrast to the Village's land use objectives, as expressed in its zoning and recent decisions concerning development at Fanning Point. These recent decisions have demonstrated the Village's commitment to redevelop this section of land to a limited mix of residential and recreational land use. While redevelopment of the Mobil site for two-family residential use is permitted under zoning, its use as a waterfront park for waterfront recreation would be of greater benefit to the community. Should the IV-8 Village not be able to obtain this property for park purposes and it is developed for another use, public access to the waterfront of this parcel should, as law permits, be secured. However, before any development occurs, the site must be checked for the existence of contaminants. B. PROPOSED PROJECTS The physical projects proposed as part of this Program are described below and shown on Map 10, Waterfront Area Projects. The projects have been limited to those most appropriate to the objectives of the Program. It will be necessary for the Village to conduct feasibility and/or engineering design studies for some of these projects in order to establish a data base from which better, more informed decisions can be made. In many instances Federal and State funding resources will be required, and in some cases, projects will be developed in stages over many years. 1. Harborwalk A harborwalk will be constructed along the water's edge to form a contiguous waterside walkway along the entire waterfront in Waterfront Area 2 (from and inclusive of the LIRR property to and inclusive of Claudios Restaurant and Marina). To compliment the harborwalk, and to provide visually appealing pedestrian and visual access from Front Street to the water's edge, pedestrian corridors will be developed to link the Front Street sidewalk to the harborwalk. These corridors will pass through the Bohack property, the Mitchell property, and at the site of the former Stern's Shoe Store and Bushes' Department Store. Such a walkway will greatly enhance the aesthetic appeal of the CBD and will enrich the tourist experience. It will be necessary to prepare a detailed design guide for this action. 2. Ba~men's Dock A docking facility for locally operated commercial fishing vessels on the east side of Stirling Basin at the Village/Town boat ramp needs to be constructed. This project calls for a fixed pier with a series of floating docks attached to it. Boats would be secured to the floating sections, with the fixed dock used to gain adequate water depth without the need to dredge or bulkhead the shore. This facility should have the capacity to accommodate up to 12 moderately-sized commercial fishing vessels. By building this facility the Village hopes to maintain and possibly increase the number of fisherman using Greenport as their home port. 3. Accessory Dock Project An accessory dock needs to be constructed for charter or party fishing boats and tour boats. Potential locations for this dock are next to the existing commercial fishing dock at the LIRR property or at the County- owned Barstow site. IV-9 \ \ \ \ \ I "- MooreS Leke Pipe~ SCALE: f': 812' 1. '2. goungs Pt arming Pt LEGEND HARBO~SALK BA_YMEN' S DOCK ACCESSORY DOCK FISH UNLflADING & PACKAGING FACIT,T~f Pl~fk/l~e~ ;5. PARKllg~ ~',p:~a~ DEVELOPMENT & EXPANSION 6. HO" ~: ' ./CON~'~°elX~CE CEN'J.~z;~. 7. ~'IAT~RfISlT MINI-PARKS 8. ~ FISHING/SHIPBUILDIN~ 5~SELTi ~ 9. Wkr~a~FRONT PARK WATERFRONT AREA PROJECTS M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF GREEHPORT 10 4. Fish Unloading and Packa~in~ Facility Project This project entails the development of the County-owned Barstow shipyard for commercial fishing support facilities to provide for weighing and packaging, unloading, fuel and minor repairs of vessels. Development of these facilities on this parcel would serve to compliment the Village's commercial fishing dock used by large transient commercial fishing vessels, and the baymen's dock used by locally operated vessels. Thus the Village would be able to ensure that adequate support services are available to serve the needs of commercial fishing vessels in Greenport Harbor. A feasibility study of industry needs should be conducted before any action is taken on this project. 5. Parkin~ Field Development and Expansion Municipal parking fields will be developed in the vicinity of Adams and South Street, located north of Front Street, and at the LIRR property. The development of parking facilitiss in these areas will provide much needed parking for tourists, shoppers and visitors in the CBD. 6. Hotel/Conference Center A small scale, quality hotel/conference center on the inland portion of the Mitchell property, next to Front Street, and a major recreational marina on the harbor side portion of this property is proposed. This project relies heavily on the private sector. The successful redevelopment of this severely underutilized site may serve as the catalyst for the Village's revitalization. This project will adhere to the standards and recommendations of the Central Business District Design Plan. 7. Waterfront Mini-Parks Project This project calls for the development, at the following locations, of five small waterfront mini-parks to be used for passive recreational pursuits: Waterfront Area 1 1. at the east end of Bay Avenue 2. the narrow section of land between Stirling Street and Stirling Basin (privately-owned) 3. at the end of Stifling Place at the head of Stifling Basin Waterfront Area 2 4. at the east end of Wiggins Street (privately-owned) 5. on the LIRR site south of the existing commercial fishing dock Waterfront Area 3 6. at the south end of Fifth Street and the area immediately to the east at Fanning Point IV-Ii These areas are located at the end of Village roads or are privately- owned and located between Village roads and the waterfront. Each site is of very limited size and not suitable for rssidential or commercial development. Modest improvements to these areas would include landscaping with indigenous plant species, the development of refined pedestrian walkways or accessways leading to the shoreline, the provision of plaques containing historical notes, benches, viewing platforms and picnic facilities. Such improvements will increase passive recreational use of and access to the waterfront. 8. Commercial Fishin~/Shipbuildin~ Museum Project The former freight depot building at the LIRR site, currently used for furniture storage, will be redeveloped for use as a Village museum. It will depict the history of the commercial fishing and shipbuilding industries in the Village of Greenport. The museum would be linked to the harborwalk and could serve as a welcoming and information center. This facility could also serve as the starting point for walking tours of Greenport's historic properties, and waterfront sites. 9. Waterfront Park/Nature Center The development of the abandoned Mobil site for a municipal waterfront park will require acquisition and possibly removal of existing structures. Preliminary plans for reuse of this site include the development of a portion of this site for relatively passive recreational facilities, such as: boat launching, on-shore fishing, waterfowl and other wildlife viewing, and for viewing scenic Shelter Island Sound and commercial and recreational vessels entering and exiting Greenport Harbor. Conversion of this site to a water-oriented municipal recreational facility would significantly enhance the Village's waterfront resources and increase opportunities for the public to gain access to the waterfront. The potential reuse of some of the existing structures for park support facilities should be explored if this site is acquired. Another potential reuse of this property would be a water-related science, research and education center. 10. Central Business District Design Plan An overall Design Plan for the Village's Central Business District will include specific designs for strestscape and building improvements, and appropriate design vocabulary to guide rehabilitation activities throughout the business district. This plan will serve as a guide to remove unsightly conditions in the Village's CBD and will serve as a unifying mechanism for tnfill and redevelopment projects in the CBD. 11. Comprehensive Traffic and Parkin~ Study A comprehensive traffic and parking study for the Village, with technical input from Suffolk County and the New York State Department of Transportation, will be conducted. Such a study will focus on the issues and concerns identified in Section II, page II-28. This study should be conducted in conjunction with the Central Business District Design Plan. IV-12 SECTION V. TECHNIQUES FOR LOCAL IMPLEMENTATION OF THE PROGRAM This section outlines and describes the measures to be used by the Village of Greenport to implement its Local Waterfront Revitalization Program set forth in the preceding sections. This section is organized into the following general parts: A - Existing Local Laws and Regulations B - Proposed Local Laws and Regulations C - Implementation of LWRP Policies D - Management Structure E - Compliance Procedures F - Financial Resources Part A describes existing local laws and regulations previously enacted by the Village which regulate land use and development activities in the waterfront area. Part B describes proposed local laws and regulations which are necessary to implement the land use and development activities proposed in the LWRP. Parts C, D, E, and F describe specific LWRP implementation techniques and measures. A. EXISTING LOCAL LAWS AND REGULATIONS 1. Zonin$ Law (Chapter 85) Chapter 85 was adopted in 1971 in "the interest of the protection and promotion of the public health, safety and welfare." The Village's zoning law, as amended, provides for the regulation of land use through thirteen specific articles. Key articles include the following: Article II creates five zoning districts including Waterfront Commercial, General Commercial, Retail Commercial, One- and Two-Family Residential, and One-Family Residential Districts; Article IV and V establish district bulk, parking, and supplemental regulations; and Articles VII, IX, and X establish the powers, duties, and procedures of the Building Inspector, Board of Appeals, and Planning Board. The zoning law constitutes the Village's foremost means of implementing and enforcing the Local Waterfront Revitalization Program. Existing development controls, administrative procedures, and enforcement authority established in this law have been generally adequate to direct land use patterns and development activities in the Village. Part B presents proposed amendments to the zoning law which are necessary for the implementation of the LWRP. 2. Flood Damage Prevention Law (Chapter 40) This local law was adopted in 1983 and incorporates the Flood Insurance Rate Maps and regulations promulgated by the Federal Insurance Administration. The purpose of this law is to prevent flood damage and to minimize public and private losses due to flood conditions in specific flood prone areas. In particular, these regulations provide for the administration of building permits by the building inspector for the development in all special flood hazard areas, establish general and specific construction standards for such development, and V-2 include provisions for hearing and deciding upon appeals and variance requests. 3. Coastal and Freshwater Wetlands, Floodplain and Drainage Law (Chapter 82) Adopted in 1976, this law was enacted to provide for the protection, preservation, maintenance and use of Village water-courses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas and natural drainage systems. 4. Flood Hazard Construction Standards (Chapter 39) This law, adopted in 1973, was drafted to assure the Federal Insurance Administration that the Village would begin to collect data within the community for the development and implementation of flood plain area management measures. Provisions of this law also include review of building permit and subdivision applications by the building inspector to determine if a proposed action is consistent with the need to minimize flood damage. 5. Recreation Areas and Beaches (Chapter 64) This law was adopted by Greenport in 1976 "for the preservation and maintenance of suitable recreation facilities for its citizens and their guests, so as to ensure the peaceful, orderly and most beneficial use of any and all recreational facilities" within the Village of Greenport. Provisions of this law include regulations on littering, parking, liability for injuries and stolen property, and the selling and distribution of goods. 6. Boats (Chapter 20) This local law, establishing boating regulations, was adopted in 1962. It provides rules and regulations applicable to all waters within the Village of Greenport and to all waters bounding the Village for a distance of one-thousand-five hundred (1,500) feet from the shore, provided they are not within or bounding Town of Southold waters for a distance of one-thousand-five (1,500) feet from shore. Provisions of this law include regulation of discharges from boats. Clamming (Chapter 29) Adopted in 1971, this chapter was established to "conserve the quantity and quality of clams located in the waters within the Incorporated Village of Greenport and to ensure the equitable distribution of the same among the citizens of the Village of Greenport and Southold Town." Provisions of this law include regulations on the qusntity of clams permitted, hours allowed, residence requirements, application and duration of permit. Although clannning was discontinued in the early 1970's, these regulations would be enforced if clamming were reinstituted. V-3 PROPOSED LOCAL LAWS AND REGULATIONS Zonin~ Law Amendments (Chapter 85, Articles II and III) a. The existing Waterfront Commercial District will be replaced by two new districts: Waterfront Commercial 1 and Waterfront Commercial 2. The W-C1 will only permit water-dependent uses. The W-C2 will permit water-dependent and water-enhanced uses; however, water- enhanced uses will become conditionally permitted uses in order to control the location of this use on the site. The W-C1 district boundary will include all properties in Waterfront Area 1 currently zoned Waterfront Commercial, except for the former Sweet Shipyard site that has been developed for high- density residential use (see b. below) and Townsend Manor Inn. This district will also include the vacant parcel of land owned by Winter Harbor Fisheries (formerly Marine Associates). The W-C2 district boundary will include all properties in Waterfront Area 2 currently zoned Waterfront Commercial and the Townsend Manor Inn parcel located in Waterfront Area 1. A new R-3 zoning district classification will be created, which will permit high-density residential use. The R-3 district boundary will include the former Sweet Shipyard site in Waterfront Area 1 and the former oyster shucking factory and Old Oyster Factory Restaurant sites located in Waterfront Area 3. A new Park District classification will be established, which will include all Village-owned lands used for park, open space and utilities. These lands are currently zoned for residential or commercial use. An Historic District Overlay zoning classification will be established. Within the boundary of the Historic District Overlay Zone, all Village historic sites, structures, buildings and districts, recognized by the Village as being historically significant, will be subject to the Historic Preservation Local Law. The i00 year flood hazard boundary, shown on the Federal Flood Insurance Rate Maps, will be delineated on the Village's Zoning Map. Zonin~ Law Amendments (Chapter 85, Article X) Site development plan regulations will be amended to include the following items as site development plan elements to be submitted with development plans: the demonstration of containment and recharge of stormwater runoff on development sites during and after construction; the identification of historic resources on or adjacent to the subject site; and V-4 the demonstration of public and/or visual access to the shoreline in instances where a developer of a waterfront parcel has offered, and the Planning Board has accepted, such access for public use. 3. Zonin~ Law Amendments (Chapter 85, Article IV) The District Bulk and Parking Regulations will be amended to require a minimum of unpaved, landscaped area on development sites. These same regulations will be amended to require the installation of pumpout facilities at new and expanded existing marinas, and all marinas within three years from the approval date of the Village's LWRP. 4. Wetlands, Floodplains, Drainage Law Amendment (Chapter 82) This law will be amended to include requirements pertaining to the durability, maintenance, and where applicable, the ability of bulkheads, revetments, seawalls, breakwaters, docks and other shoreline structures to control erosion. A Right to Conduct Commercial Fishing Activity Local Law will be established, which will serve as a means to preserve, protect and encourage the development and improvement of commercial fishing facilities in the Village. An Historic Preservation Local Law will be established, which will serve to preserve and protect the historic resources of the Village. Boats (Chapter 20) This law will be amended to prohibit the discharge of sewage waste from boat toilets in waters under the Village's Jurisdiction. A Drainage and Sedimentation Control Local Law will be established which will set forth storm water drainage requirements for commercial sites. The intent of this law is to minimize the amount of stormwater runoff from a commercial site during and after construction. A local consistency law will be established in order to provide a framework for agencies of the Village to consider the policies and purposes of the LWRP when reviewing agency actions in the Village, and to assure that such actions are consistent with the LWRP policies and purposes. C. IMPLEMENTATION OF LWRP POLICIES POLICIES 1, iA, lB, 2, 2A 1. EXISTING LEGISLATION THAT IMPLEMENTS THESE POLICIES The Village's Waterfront Commercial District permits are appropriate for particular waterfront locations. some uses which V-5 2. PROPOSED LEGISLATION THAT IMPLEMENTS THESE POLICIES Section 85-10 (Waterfront Commercial District) of Chapter 85 of the Zoning Law of the Village Municipal Code will be replaced by two new districts: Waterfront Commercial 1 and Waterfront Commercial 2. The new Waterfront Commercial I District will replace the existing Waterfront Commercial District of Waterfront Area 1 (See Map 11, Proposed Zoning). The new district will eliminate water-enhanced uses currently permitted or conditionally permitted in the existing Waterfront Commercial District in order to protect and promote use of waterfront land for waterfront commercial and recreational uses, as discussed in Section IV. The new Waterfront Commercial 2 District will replace the existing Waterfront Commercial District in Waterfront Area 2 (See Map 11). The new district will allow most uses currently permitted or conditionally permitted in the existing Waterfront Commercial District; however, water-enhanced uses currently permitted will become conditionally permitted uses. Establishing water-enhanced uses as conditionally permitted uses in this district will help to preserve waterfront land for water-dependent marine commercial and recreational uses, and will also sustain the existing sea-side resort ambience, by allowing mixed uses as discussed in Section IV. Chapter 85, Article X, Section 83-31 (Conditional uses) of the Zoning Law, which covers conditional uses will be amended by incorporating specific conditions which will ensure that water- enhanced uses proposed on a waterfront lot in the new Waterfront Commercial 2 District, are located inland to the maximum extent practicable. It is also proposed that the principal structure, as well as all appurenant structures including parking, do not exceed 60% of the lot coverage. The remaining 40% of the lot, that portion of a lot nearest to the water's edge is to be preserved for water-dependent use. Chapter 85, Article II, Section 85-3 (Zoning Map) will be amended by rezoning the Winter Harbor Fisheries property (formerly Marine Associates) to the new Waterfront Commercial 1 District. Chapter 85, Article II, Section 85-3 (Zoning Map) will be amended by rezoning the Townsend Manor Inn to the new Waterfront Commercial 2 District. Chapter 85, Article X, Section 85-32 (Approval of site development plans) will be amended to incorporate the following items as site plan development elements to be submitted with the site development plan map(s). These items include: a drainage plan demonstrating the containment and recharge of stormwater runoff during and after construction; the identification of historic resources on or adjacent to the subject site; and V-6 ~nlet t ~onc~ II C .... TY Blue Gree~'~ -% SCALE: 1"= 872' 0 436 872 Fann Pt foungs Pt W-C LEGEND W-C I T,~z'.P~,S'ROUT ~:r. AL :]. W-C 2 .~'z~oz~ cx:z,a,,J]s~:::~ 2 C-R ~.n,,._~:~, ~ C-G ~ ~~ R-1 ~-~Y ~z~ PROPOSED ZONING M A LOCAL WATERFRONT REVITALIZATION PROGRAM P VILLAGE OF G R EENPORT 11 the demonstration of public and/or visual access to the shoreline in instances where a developer of a waterfront parcel has offered, and the Planning Board has accepted, such access for public use. Chapter 85, Article IV, Section 85-11 (Schedule will be amended to require a minimum amount of space on all new commercial developments. of regulations) landscaped open A new Drainage and Sedimentation Control Local Law is proposed, which will provide minimum specifications concerning the use of stormwater control systems and non-structural measures to control stormwater runoff during and after a construction project. An Historic Preservation Local Law is proposed, which will provide a procedure to identify, preserve, and enhance the historic structures, sites, and districts of the Village. Such a law will also ensure the harmonious, orderly, and efficient growth and development of the Village, consistent with its historic integrity. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THESE POLICIES - Harborwalk Project - Central Business District Design Plan - Municipal Parking Field Development and Expansion Project - Traffic and Parking Study Project - Hotel/Conference Center Project - Waterfront Mini-park Project - Commercial Fishing Museum Project - Accessory Dock Project - Fish Unloading and Packaging Facility Project POLICY 3 Not applicable. POLICY 4 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY The existing Waterfront Commercial District encourages, but not to the degree necessary, the maintenance, preservation, and enhancement of the traditional maritime uses and activities within the Village's waterfront commercial areas. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THESE POLICIES: a. See the part 2 discussion in this section for Policies 1, IA, etc. A new Right to Conduct Cor~nercial Fishing Operations Local Law will be established as a means to demonstrate the Village's commitment to preserve, protect, and encourage the devslopment and improvement of con~nercial fishing facilities in the Village. The law will cite V-8 the benefits c~ the commercial fishing industry which include, but are not limited to the following: an important source of food supply; a significant factor in the Village's economy; and a significant factor in the Village's unique historic maritime character. This law will declare that no commercial fishing activity conducted within the Village's Waterfront Commercial Districts shall be considered nuisances because of the existence of surrounding conflicting land uses. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY Accessory Fishing Dock Project Fish Unloading and Packaging Facility Project The Village Board shall adopt an Official Policy Statement with regard to the continued use of the Greenport Commercial Fishing Dock for commercial fishing vessels. POLICY 5, 5A 1. EXISTING LEGISLATION THAT IMPLEMENTS THESE POLICIES Chapters 69 (Sewer Use) and 81 (Water Supply) of the Village Municipal Code are adequate to implement both of these policies. POLICY 7 Not applicable. POLICY 8 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapters 20 (Boats), 64 (Recreation Areas and Beaches), 82 (Wetlands, Floodplains, Drainage) of the Village Municipal Code as well as the applicable laws of the State are adequate to implement this policy. POLICY 9 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY The Village's existing Waterfront Commercial District allows for, but is not sufficient to protect water-related recreation uses. Chapter 29 (Clamming) regulates clamming activity in the Village. Although clamming was discontinued in the early 1970's, these regulations would be enforced if clamming were reinstituted. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY a. See the part 2 discussion in this section for Policies 1, iA, etc. b. The Village will incorporate into the new Section 85-10 (Waterfront Commercial Distric£ 1 and Waterfront Commercial District 2) and V-9 amend Section 85-32 (Appcoval of site development plans) to include a provision that public access to the shoreline will be provided to the maximum extent practicable where it is desired and feasible. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY - Harborwalk - Accessory Dock Project - Waterfront Mini-park Projects - Waterfront Park Project POLICY 10, 10A 1. EXISTING LEGISLATION THAT IMPLEMENTS THESE POLICIES The Village's existing Waterfront Commercial District allows for, but is not sufficient to protect, commercial fishing facilities. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THESE POLICIES a. See the part 2 discussions in this section for Policies 1, lA, etc.., and Policy 4. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THESE POLICIES - Fish Unloading and Packaging Facility Project - Accessory Dock Project - Co~anercial Fishing Museum Project - The Village Board will adopt an Official Policy Statement continuing the use of the Greenport Commercial Fishing Dock for commercial fishing vessels. POLICY I1 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 40 (Flood Damage Prevention Law) of the Village Municipal Code is adequate to implement this policy. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY Article II, Section 85-3 (Zoning Map) of Chapter 85 will be amended to include the 100 year flood boundary on the Village's Zoning Map. This amendment will serve to clearly inform the public that all development from the waterfront to the 100 year flood boundary must comply with the requirements of the Village's Flood Damage Prevention Local Law. POLICY 12 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 40 (Flood Damage Prevention Law) and Chapter 82 (Wetlands, Floodplains and Drainage) of the Village's Municipal Code, as well as the New York State Department of Environmental Conservation tidal wetland regulations are adequate to implement this policy. V-10 POLICY 13, 13A l. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 82 (Wetlands, Floodplains, Drainage) provides for the protection, preservation, maintenance and use of Village water-courses. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 82 (Wetlands, Floodplains, Drainage) Section 82-5 (Permitted Acts) will be amended to include requirements pertaining to the durability, maintenance, and where applicable, the ability of bulkheads, revetments, seawalls, breakwaters, docks and other shoreline structures to control erosion. POLICY 14 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 40 (Flood Damage Prevention Law) and Chapter 82 (Wetlands, Floodplains and Drainage) of the Village Municipal Code, as well as the New York State Department of Environmental Conservation tidal wetland regulations are adequate to implement this policy. POLICY 15 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 82 (Wetlands, Floodplains and Drainage) of the Village Municipal Code and existing State regulations are adequate to implement this policy. The New York State Department of Environmental Conservation regulates dredging activities in shoreline and wetland areas. These regulations are comprehensive in nature and address actions according to their potential to interfere with the natural coastal processes, as well as their potential for increasing soil erosion and sedimentation. POLICY 16 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 40 (Flood Damage Prevention Law) of the Village Municipal Code is adequate to implement this policy. POLICY 17 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 40 (Flood Damage Prevention Law) and Chapter 82 (Wetlands, Floodplains and Drainage) of the Village Municipal Code and the New York State Department of Environmental Conservation tidal wetland regulations are adequate to implement this policy. V-Il POLICY 19 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY There are no specific Village laws that implement these policies. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY See the part 2 and 3 discussions in this section for policies 20 and 20A. POLICY 20, 20A i. EXISTING LEGISLATION THAT IMPLEMENTS THESE POLICIES There are no specific Village laws that implement these policies. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THESE POLICIES mo Chapter 85, Article X, Section 85-32 (Approval of site development plans) will be amended to incorporate a provision that public access to the shoreline will be provided to the maximum extent practicable, and that the method by which public access is provided is to be demonstrated and treated as a site plan development element. Chapter 85, Article II (Zoning Districts and Zoning Map), and Article III (District Regulations) will be amended by establishing a new Park District which will cover all Village lands conm~itted to park and open space uses that are currently zoned for residential or commercial use. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THESE POLICIES Harborwalk Project Accessory Dock Project Central Business District Design Plan Waterfront Mini-park Projects Waterfront Park POLICY 21 i. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Although the Village's existing Waterfront Commercial District does permit an acceptable range of waterfront recreational uses, the district permits some uses which are unacceptable or inappropriate for waterfront areas. These uses are inappropriate since they are not water-dependent and could potentially displace existing water-dependent recreational uses. V-12 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY a. See the part 2 discussion in this section for Policies 1, iA, etc... 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THESE POLICIES - Harborwalk - Accessory Dock Project - Hotel/Conference Center/Recreational Marina Project - Waterfront Mini-park Projects - Mobil Waterfront Park POLICY 22 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Although the Village's existing Waterfront Commercial District does permit an acceptable range of waterfront and/or recreation-oriented uses, the district permits some uses which are unacceptable or inappropriate for waterfront areas. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY a. See the part 2 discussion in this section for Policies 1, IA, etc. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THESE POLICIES: Harborwalk POLICY 23 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Applicable laws of the State and United States protect historic buildings, structures, and significant archeological or cultural areas within the Greenport Village Historic district. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY An Historic Preservation Local Law will be established which will provide a procedure to identify, preserve and enhance the historic structures, sites, and districts of the Village. Such a law will also insure the harmonious, orderly, and efficient growth and development of the Village, consistent with its historic integrity. POLICY 24 Not applicable. V-13 POLICY 25 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Applicable laws of the State and United State protect historic buildings, structures, and significant archeological or cultural areas within the Greenport Village Historic District. Chapter 85, Article 5 (Sign regulations) regulates the use of signs and marquees in the Village. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 85, Article X, Section 85-32 (Approval of site development plans) will be amended to include the provision for and/or maintenance of visual access to the waterfront to the maximum extent practical where it is desired and feasible. This provision, as a site plan development element, will be incorporated into site development plan maps and drawings, such as plan, elevation and perspective drawings of the proposed development. Chapter 85, Article IV (District Bulk and Parking Regulations) and Section 85-11 (Schedule of regulations) will be amended to require a minimum amount of landscaped open space. An Historic Preservation Local Law will be established which will serve to preserve and protect the small harbor character and architecturally rich resources of the Village, as well as to insure the harmonious, orderly, and efficient growth and development of the Village, consistent with its historic integrity. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY - Harborwalk - Central Business District Design Plan - Waterfront Mini-parks POLICY 26 Not applicable. POLICY 27 Not applicable. POLICY 28 Not applicable. POLICY 29 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing State legislation is adequate to implement this policy. V-14 POLICY 30 1. Chapter 69 (Sewer use) of the Village Municipal Code is adequate to implement this policy. This law requires the use of the Village's municipal sewage system for all development within the Village. POLICY 31 i. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY No local law is necessary to implement this policy since applicable State laws and procedures are adequate. POLICY 32 Not applicable. POLICY 33 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY There is no existing Village law that requires the of control stormwater and sedimentation during and after project construction. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY a. See the part 2 e. and g. discussions in this section for Policies 1, iA, etc. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY The Village Board will adopt an Official Policy Statement reducing the use of de-icing salts on Village streets, and improving the effectiveness and frequency of its street cleaning program. The objective of these actions is to reduce the amount of pollutants entering into coastal waters from Village roads. POLICY 34 1. EXISTING LEGISLATION THAT IMPLEMENTS THESE POLICIES Chapter 20 (Boats) of the Village Municipal Code stipulates that ths dumping of oil, refuse, garbage, sewage or waste is prohibited, except that toilets may be discharged in any areas not within one thousand (1,000) feet of any shoreline. 2. PROPOSED LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 20 of the Village Municipal Code will be amended to prohibit the discharge of sewage waste from boat toilsts in waters under the Village's Jurisdiction. Chapter 85, Article IV, Section 85-11 (Schedule of regulations) will be amended to require the installation of pumpout facilities at all new marinas and expansions of existing marinas. Also, the V-15 Village will require that within three (3) years from the approval date of the Village's LWRP, all existing marinas will have pumpout facilities. POLICY 35 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing State legislation is adequate to implement this policy. The New York State Department of Environmental Conservation will not issue permits for dredging when it has been determined that the anticipated impacts will exceed acceptable levels of State dredging permit standards, as set forth in regulations developed pursuant to the State Environmental Conservation Law. POLICY 36 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing applicable Suffolk County and New York State laws are adequate to implement this policy. POLICY 37 I. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Adequate stormwater runoff, erosion, and sedimentation control measures to best minimize non-point discharge of nutrients, organics and/or eroded soils are not included in any existing Village law. 3. ADDITIONAL PUBLIC AND/OR PRIVATE ACTIONS THAT IMPLEMENT THIS POLICY The Village will approve an Official Policy Statement discouraging the use of pesticides, herbicides, and organic compounds within the Village. See the part 2 and 3 discussions in this section for Policy 33. POLICY 38 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing applicable Suffolk County and New York State legislation is adequate to implement this policy. POLICY 3~ 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing local and State legislation is adequate to implement this policy. There is currently no storage, treatment and/or disposal of hazardous wastes within the Village. No land use activity is permitted in the Village which will produce such hazardous wastes, as defined in Article 27 of the New York State Environmental Conservation Law. V-16 POLICY 40 Not applicable. POLICY 41 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing State legislation is adequate to implement this policy. Existing land uses which are permitted within the Village are restricted to marine oriented commercial and recreational, retail commercial, general commercial, residential, and open space uses. All of these land uses are unlikely to significantly impact air quality within the Village. POLICY 42 1. EXISTING LEGISLATION THAT IMPLE/~ENTS THIS POLICY Existing State legislation is adequate to implement this policy. POLICY 43 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Existing State legislation is adequate to implement this policy. POLICY 44 1. EXISTING LEGISLATION THAT IMPLEMENTS THIS POLICY Chapter 82 (Wetlands, Floodplains, and Drainage) of the Village's Municipal Code and New York State Department of Environmental Conservation tidal and freshwater regulations are adequate to implement this policy. D. MANAGEMENT STRUCTURE Ail Village agencies will retain their current legislative and administrative responsibilities. However, when an action is proposed within the Village, as defined in the Compliance Procedures part of this section, a consistency determination will be made prior to approving, funding or undertaking the action by the respective Village agency to assure, to the maximum extent practicable, that the subject action is consistent with the policies and purposes of this program. The Village Board of Trustees, Planning Board, Zoning Board of Appeals, and other Village agencies will be the municipal entities making consistency determinations. Responsibilities related to the Local Waterfront Revitalization Program, other than those associated with consistency determinations, are assigned as follows: V-17 Mayor - provides overall program supervision and management and is the local official responsible for the LWRP. Village Board of Trustees - will monitor and coordinate, with other Village Boards and concerned non-governmental bodies, the implement- ation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative, and other actions included in the program. The Village Board may cause to be prepared reports and communication concerning the program for the Deprtment of State and other agencies of the State of New York, as may be appropriate or required. The Village Board of Trustees shall be the lead agency for the LWRP and will make the final decision as to the Village's position on the consistency of State and Federal actions with tthe Village's LWRP. Plannin~ Board - will advise the Village Board on LWRP implementation priorities. The Planning Board will monitor planned actions of local, State and Federal agencies within the Village, in order to review the consistency of such actions with the LWRP, and recommend remedial action where necessary. It will be the responsibility of the Planning Board to make an annual report to the Village Board on progress achieved and on problems encountered with the LWRP during the year and may recommend actions to further implement the LWRP. Comm, unity Development Office and Building Inspector - This office, when required, will assist and advise the Planning Board and Board of Trustees on whether proposed actions are consistent with the Village's LWRP. Subject to the approval of the Village Board, the Community Development Office will make application for funding from State, Federal, or other sources to finance LWRP projects. Harbormaster - oversees boating activity along the Village's shoreline. Village Clerk - keeps records of Village government actions in the waterfront area E. COMPLIANCE PROCEDURES LOCAL ACTIONS In order to provide a framework for agencies of the Village of Greenport to consider the policies and purposes contained in the Local Waterfront Revitalization Program when reviewing applications for actions or direct agency actions in the Village, and to assure, to the maximum extent practicable, that such actions are consistent with the LWRP policies and purposes, a local consistency law will be established. Although the entire Village of Greenport lies within the State coastal boundary, only Type I or Unlisted actions, pursuant to the State Environmental Quality Review Law, proposed in the Village will be subject to the local consistency law. Actions proposed in the Exempt, as defined in the actions proposed outside of consistency law. Village identified as Type II, Excluded, or State Environmental Quality Review Law, or the Village will not be subject to the local V-18 The review procedure, as set forth by the local consistency law, will be as follows: Whenever a proposed action is located in or to be undertaken in the Village, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. Whenever an agency receives an application for approval or funding of an action or as early as possible in the agency's formulation of a direct action to be located in the Village, the applicant, or in the case of a direct action, the agency, shall prepare a Coastal Assessment Form (CAF) to assist with the consistency review. Prior to making its determination, the agency may solicit and consider the recommendation of the Community Development Office with reference to the consistency of the proposed action. The agency shall require the applicant to submit all completed applications, EAF's and any other information deemed to be necessary to its consistency determination. The agency shall make the determination of consistency based upon such information, the recommendation of the Community Development Office, if requested, and the CAF. The agency shall render ~ts written determination within thirty (30) days following the submission by the applicant of the required information, unless extended by mutual agreement of the agency and the applicant. The determination shall indicate whether the proposed action is consistent to the maximum extent practicable or inconsistent with one or more of the LWRP policy standards or conditions. The determination shall state the manner and extent to which any inconsistency affects the LWRP policy standards and conditions. The agency shall, along with its consistency determination, make any suggestions to the applicant concerning modification of the proposed action to make it consistent to the maximum extent practicable with LWRP policy standards and conditions or to greater advance them. In the event that the agency's determination is not forthcoming within the specified time, the application shall be deemed to have received a determination that it is consistent to the maximum extent practicable. Actions to be undertaken within the Village shall be evaluated for consistency in accordance with the LWRP policy standards and conditions, which are explained and described in Section III of this document. Agencies which undertake direct or funding actions shall also consult with Section IV of the LWRP in making their consistency determination. If the agency determines that the action would cause a substantial hindrance to the achievement of the LWRP policy standards and conditions, ~uch action shall not be undertaken unless the agency determines with respect to the proposed action that: V-19 no reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions; the action would be undertaken in a manner which will minimize all adverse affects on such LWRP policy standards and conditions to the maximum extent practicable; and the action will result in an overriding Village, regional or state-wide public benefit. Such a finding shall constitute a determination that the action is consistent to the maximum extent practicable. Each agency shall maintain a file for each action made the subject of a consistency determination. Such files shall be made available for public inspection upon request. Procedures to be used for review of Federal and State actions for consistency with the LWRP are described below. STATE ACTIONS For State agencies' consistency with the LWRP, the following consistency procedures are in effect: 1. When a state agency is considering an action in the Village, the state agency shall notify the Village Board of Trustees. 2. Notification of a proposed action by a state agency: - Shall fully describe the nature and location of the action; - Shall be accomplished by use of either the State Clearinghouse, other existing state agency notification procedures, or through any alternative procedure agreed upon by the state agency and local government; - Should be provided to the Village Board of Trustees as early in the planning stages of the action as possible, but in any event at least 30 days prior to the agency's decision on the action. (The timely filing of a copy of a completed Coastal Assessment Form with the Village Board of Trustees should be considered adequate notification of a proposed action.) If the proposed action will require the preparation of a draft environmental impact statement, the filing of this draft document with the Village Mayor can serve as the state agency's notification to the Village. Upon receipt of notification from a state agency, the Village will be responsible for evaluating a proposed action against the policies and purposes of its approved LWRP. 5. If the Village cannot identify any conflicts between the proposed action and the applicable policies and purposes of its approved LWRP, V-20 it should inform the state agency in writing of its finding. Upon receipt of the Village's finding, the state agency may proceed with its consideration of the proposed action in accordance with 19 NYCRR Part 6OO. If the Village does not notify the state agency in writing of its finding within the established review period, the state agency may then presume that the proposed action does not conflict with the policies and purposes of the Village's approved LWRP. If the Village notifies the state agency in writing that the proposed action does conflict with the policies and/or purposes of its approved LWRP, the state agency shall not proceed with its consideration of the proposed action as long aa the Resolution of Conflicts Procedure described below shall apply. The Village shall forward a copy of the identified conflicts to the Secretary of State at the time when the state agency is notified. In notifying the state agency, the Village shall identify the specific policies and purposes of the LWRP with which the proposed action conflicts. The following Resolution of Conflicts Procedure applies whenever the Village has notified the Secretary of State and state agency that a proposed action conflicts with the policies and purposes of its approved LWRP. Upon receipt of notification from the Village that a proposed action conflicts with its approved LWRP, the state agency should contact the Village Board of Trustees to discuss the content of the identified conflicts and the means for resolving them. A meeting of the state agency and Village representatives may be necessary to diseuss and resolve the identified conflicts. This discussion should take place within 30 days of the receipt of a conflict notification from the Village. - If the discussion between the Village and the state agency results in the resolution of the identified conflicts, then, within seven days of the discussion, the Village shall notify the state agency in writing, with a copy forwarded to the Secretary of State, that all of the ~dentified conflicts have been resolved. The state agency can then proceed with its consideration of the proposed action in accordance with 19 NYCRR Part 600. - If the consultation between the Village and the state agency does not lead to the resolution of the identified conflicts, either party may request, in writing, the assistance of the Secretary of State to resolve any or all of the identified conflicts. This request must be received by the Secretary within 15 days following the discussion between the Village and the state agency. The party requesting the assistance of the Secretary of State shall forward a copy of their request to the other party. - Within 30 days following the receipt of a request for assistance, the Secretary or a Department of State official or employee designated by the Secretary, will discuss the identified conflicts and circumstances preventing their resolution with appropriate representatives from the state agency and Village. V-21 If agreement among all parties cannot be reached during this discussion, the Secretary shall, within 15 days, notify both parties of his/her findings and recommendations. FEDERAL ACTIONS For Federal agencies' consistency with the LWRP, the following consistency procedures are in effect: Direct Actions After acknowledging the receipt of a consistency determination and supporting documentation from a federal agency, the Department of State (DOS) will forward copies of the determination and other descriptive information on the proposed dirsct action to the Village Board of Trustees (Trustees) and to other interested parties. This notification will indicate the date by recommendations must be submitted to DOS principal reviewer for the proposed action. which all comments and and will identify DOS' The review period will be about twenty-five (25) days. If comments and recommendations are not received by the date indicated in the notification, DOS will presume that the Village has "no opinion" on the consistency of the proposed direct federal agency action with the LWRP policies. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the Village, DOS will contact the Village to discuss any differences of opinion or questions prior to agreeing or disagreeing with the federal agency's consistency determination on the proposed direct action. 5. A copy of DOS' "agreement" or "disagreement" letter to the federal agency will he forwarded to the Trustees. Permit and License Actions DOS will acknowledge the receipt of an applicant's consistency certification and application materials. At that time, DOS will identify DOS' principal reviewer for the proposed action. Within thirty (30) days of receiving such information, the Trustees will contact the principal reviewer for DOS to discuss: (a) the need to request additional information for review purposes; and (b) any possible problems pertaining to the consistency of a proposed action with the LWRP policies. When DOS and the Trustees agree that additional information is necessary, DOS will request the applicant to provide the information. A copy of this information will be provided to the Trustees upon receipt. V-22 Within thirty (30) days of receiving the requested additional information or discussing possible problems of a proposed action with the principal reviewer for DOS, whichever is later, the Trustees will notify DOS of the reasons why a proposed action may be inconsistent or consistent with the LWRP policies. After that notification, the Trustees will submit the Village's written comments and recommendations on a proposed permit action to DOS before or at the conclusion of the official public comment period. If such comments and recommendations are not forwarded to DOS by the end of the public comment period, DOS will presume that the Village has "no opinion" on the consistency of the proposed action with the LWRP policies. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the Village on a proposed permit action, DOS will contact the Trustees to discuss any differences of opinion prior to issuing a letter of "concurrence" or "objection" to the applicant. A copy of DOS' "concurrence" or "objection" letter to the applicant will be forwarded to the Trustees. Financial Assistance Actions 1. Upon receiving notification of a proposed federal financial assistance action, DOS will request information on the action from the applicant for consistency review purposes. As appropriate, DOS will also request the applicant to provide a copy of the application documentation to the Trustees. A copy of this letter will be forwarded to the Trustees and will serve as notification that the proposed action may be subject to review. 2. DOS will acknowledge the receipt of the requested information and provide a copy of this acknowledgement to the Trustees. DOS may, at this time, request the applicant to submit additional information for review purposes. 3. The review period will conclude thirty (30) days after the date on DOS' letter of acknowledgement or the receipt of requested additional information, whichever is later. The review period may be extended for major financial assistance actions. 4. The Trustees must submit the Village's comments and recommendations on the proposed action to DOS within twenty (20) days (or other time agreed to by DOS and the Trustees) from the start of the review period. If comments and recommendations are not received within this period, DOS will presume that the Village has "no opinion" on the consistency of the proposed financial assistance action with the LWRP policies. 5. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the Village, DOS will contact the Trustees to discuss any differences of opinion or questions prior to notifying the applicant of DOS' consistency decision. 6. A copy of DOS' consistency decision letter to the applicant will be forwarded to the Trustees. V-23 F. FINANCIAL RESOURCES Implementation of this waterfront program will require coordination among local, State and Federal agencies and officials, non-profit organizations, private individuals, and corporations to mobilize the necessary financial resources for each project. For local management, administration, enforcement of regulations and projects, the Village will rely mainly on its tax revenues. Areas of funding and technical assistance which may be made available to implement the program are: The Department of Housing and Urban Development Small Cities and Urban Development Action Grant Programs for Village economic development activities; - Technical support from the NYS Department of Transportation for the Village's Traffic and Parking Study; Technical and financial support in the form of pre-construction grants from the New York State Department of State Division of Coastal Resources and Waterfront Revitalization for the implementation of LWRP projects. Technical and financial support from the New York State Department of Parks, Recreation and Historic Preservation for identifying and evaluating historic resources within the Village; Technical and financial support from other State, or quasi-State agencies, for such things as the Village's Central Business District revitalization program. V-24 SECTION VI STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO AFFECT PROGRAM IMPLEMENTATION SECTION VI. STAVE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO AFFECT PROGRAM IMPLEMENTATION State and federal actions will affect and be affected by implementation of the LWRP. Under State law and the Federal Coastal Zone Management Act, certain state and federal actions within or affecting the local waterfront area must be "consistent" or "consistent to the maximum extent practicable" with the enforceable policies and purposes of the LWRP. This makes the LWRP a unique, intergovernmental mechanism for setting policy-making decisions. While consistency requirements primarily help prevent detrimental actions from occurring and help ensure that future options are not foreclosed needlessly, active participation on the part of state and federal agencies is also likely to be necessary to implement specific provisions of the LWRP. The first part of this section identifies the actions and programs of state and federal agencies which should be undertaken in a manner consistent with the LWRP. This is a generic list of actions and programs, as identified by the NYS Department of State; therefore, some of the actions and programs listed may not be relevant to this LWRP. Pursuant to the State Waterfront Revitalization and Coastal Resources Act (Executive Law, Article 42), the Secretary of State individually and separately notifies affected state agencies of those agency actions and programs which are to be undertaken in a manner consistent with approved LWRPs. Similarly, federal agency actions and programs subject to consistency requirements are identified in the manner prescribed by the U.S. Coastal Zone Management Act and its implementing regulations. The lists of state and federal actions and programs included herein are informational only and do not represent or substitute for the required identification and notification procedures. The current official lists of actions subject to state and federal consistency requirements may be obtained from the NYS Department of State. The second part of this section is a general list of state and federal agency actions which are necessary to further the implementation of the LWRP. It is recognized that a state or federal agency's ability to undertake such actions is subject to a variety of factors and considerations; that the consistency provisions referred to above may not apply; and that the consistency requirements cannot be used to require a state or federal agency to undertake an action it could not undertake pursuant to other provisions of law. Reference should be made to Sections IV and V, which also discuss state and federal assistance needed to implement the LWRP. VI-2 A. STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH SHOULD BE UNDERTAKEN IN A MANNER CONSISTENT WITH THE LOCAL PROGRAM STATE AGENCIES OFFICE FOR THE AGING 1.00 Funding and/or approval programs for the establishment of new or expanded facilities providing various services for the elderly. DEPARTMENT OF AGRICULTURE AND MARKETS 1.00 Agricultural Districts Program. 2.00 Rural development programs. 3.00 Farm worker services programs. 4.00 Permit and approval programs: 4.01 4.02 4.03 Custom Slaughters/Processor Permit Processing Plant License Refrigerated Warehouse and/or Locker Plant License DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR AUTHORITY 1.00 Permit and approval programs: 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 Ball Park - Stadium License Bottle Club License Bottling Permits Brewer's Licenses and Permits Brewer's Retail Beer License Catering Establishment Liquor License Cider Producer's and Wholesaler's Licenses Club Beer, Liquor, and Wine Licenses Distiller's Licenses Drug Store, Eating Place, and Grocery Store Beer Licenses Farm Winery and Winery Licenses Hotel Beer, Wine, and Liquor Licenses Industrial Alcohol Manufacturer's Permits Liquor Store License On-Premises Liquor License Plenary Permit (Miscellaneous-Annual) Summer Beer and Liquor Licenses Tavern/Restaurant and Restaurant Wine Licenses Vessel Beer and Liquor Licenses Warehouse Permit Wine Store License Winter Beer and Liquor Licenses Wholesale Beer, Wine, and Liquor Licenses VI-3 DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. expansion, 2.00 Permit and approval programs: 2.01 2.02 2.03 2.04 2.05 Letter Approval for Certificate of Need Operating Certificate (Alcoholism Facility) Operating Certificate - Community Residence Operating Certificate (Outpatient Facility) Operating Certificate (Sobering-Up Station) or COUNCIL 1.00 2.00 ON THE ARTS Facilities construction, rehabilitation, demolition or the funding of such activities. Architecture and environmental arts program. expansion, or DEPARTMENT OF BANKING 1.00 Permit and approval programs: 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.I1 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 Authorization Certificate Authorization Certificate Authorization Certificate Authorization Certificate Location) Authorization Certificate Authorization Certificate Authorization Certificate Change of Location) (Bank Branch) (Bank Change of Location) (Bank Charter) (Credit Union Change of (Credit Union Charter) (Credit Union Station) (Foreign Banking Corporation Authorization Certificate (Foreign Banking Corporation Public Accommodations Office Authorization Certificate (Investment Company Branch) Authorization Location) Authorization Authorization Location) Authorization Authorization Authorization Banks) Authorization Authorization of Location) Authorization Authorization Authorization Office) Certificate Certificate Certificate Certificate Certificate Certificate Certificate Certificate Certificate Certificate Certificate (Investment Company Change of (Investment Company Charter) (Licensed Lender Change of (Mutual Trust Company Charter) (Private Banker Charter) (Public Accommodation Office - (Safe Deposit Company Branch) (Safe Deposit Company Change (Safe Deposit Company Charter) (Savings Bank Charter) (Savings Bank De Novo Branch VI-4 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 Authorization Certificate Accommodations Office) Authorization Certificate Branch) Authorization Certificate Change of Location) Authorization Certificate Charter) Authorization Certificate Charter) Authorization Certificate Authorization Certificate Location) Authorization Certificate Authorization Certificate Accommodations Office) (Savings'. Bank Public (Savings and Loan Association (Savings and Loan Association (Savings and Loan Association (Subsidiary Trust Company (Trust Company Branch) (Trust Company-Change of (Trust Company Charter) (Trust Company Public Authorization to Establish a Life Insurance Agency License as a Licensed Lender License for a Foreign Banking Corporation Branch DEPARTMENT OF COMMERCE 1.00 Preparation or revision of statewide or specific plans to address State economic development needs. 2.00 Allocation of the state tax-free bonding reserve. DEPARTMENT OF CORRECTIONAL SERVICES 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. expansion, or DORMITORY AUTHORITY OF THE STATE OF NEW YORK 1.00 Financing of higher education and health care facilities. 2.00 Planning and design services assistance program. EDUCATION DEPARTMENT 1.00 Facilities construction, rehabilitation, expansion, demolition or the funding of such activities. 2.00 Permit and approval programs: 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 Certificate of Incorporation (Regents Charter) Private Business School Registration Private School License Registered Manufacturer of Drugs and/or Devices Registered Pharmacy Certificate Registered Wholesaler of Drugs and/or Devices Registered Wholesaler-Repacker of Drugs and/or Devices Storekeeper's Certificate VI-5 ENERGY PLANNING BOARD AND ENERGY OFFICE 1.00 Preparation and revision of the State Energy Master Plan. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY 1.00 Issuance of revenue bonds to finance pollution abatement modifications in power-generation facilities and various energy projects. DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1.00 2.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of lands under the jurisdiction of the Department. Classification of Waters Program; classification of under the Clean Air Act. 3.00 Facilities construction, rehabilitation, demolition or the funding of such activities. expansion, or 4.00 Financial assistance/grant programs: 4.01 4.02 4.03 4.04 4 .O5 4.06 Capital projects for limiting air pollution Cleanup of toxic waste dumps Flood control, beach erosion and other water resource projects Operating aid to municipal wastewater treatment facilities Resource recovery and solid waste management capital projects Wastewater treatment facilities 5.00 6.00 Funding assistance for issuance of permits and other regulatory activities (New York City only). Implementation of the Environmental Quality Bond Act of 1972, including: (a) Water Quality Improvement Projects (b) Land Preservation and Improvement Projects including Wetland Preservation and Restoration Projects, Unique Area Preservation Projects, Metropolitan Parks Projects, Open Space Preservation Projects and Waterways Projects. 7.00 Marine Finfish and Shellfish Programs. 8.00 New York Harbor Drift Removal Project. VI-6 9.00 Permit and approval programs: Air Resources 9.01 9.02 9.03 9.04 9.05 9.06 9.07 Certificate of Approval for Air Pollution Episode Action Plan Certificate of Compliance for Tax Relief - Air Pollution Control Facility Certificate to Operate: Stationary Combustion Installation; Incinerator; Process, Exhaust or Ventilation System Permit for Burial of Radioactive Material Permit for Discharge of Radioactive Material to Sanitary Sewer Permit for Restricted Burning Permit to Construct: a Stationary Combustion Installation; Incinerator; Indirect Source of Air Contamination; Process, Exhaust or Ventilation System Construction Management 9.08 Approval of Plans and Specifications for Wastewater Treatment Facilities. Fish and Wildlife 9.09 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 Certificate to Possess and Sell Hatchery Trout in New York State Cormmercial Inland Fisheries Licenses Fishing Preserve License Fur Breeder's License Game Dealer's License Licenses to Breed Domestic Game Animals License to Possess and Sell Live Game Permit to Import, Transport and/or Export under Section 184.1 (11-0511) Permit to Raise and Sell Trout Private Bass Matchery Permit Shooting Preserve Licenses Taxidermy License Lands and Forest 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 Certificate of Environmental Safety (Liquid Natural Gas and Liquid Petroleum Gas) Floating Object Permit Marine Regatta Permit Mining Permit Navigation Aid Permit Permit to Plug and Abandon (a non-co~ercial oil, gas or solution mining well) Permit to Use Chemicals for the Control or Elimination of Aquatic Insects Permit to Use Chemicals for the Control or Elimination of Aquatic Vegetation VI-7 9.29 9.30 9.31 Permit to Use Chemicals for the Control or Extermination of Undesirable Fish Underground Storage Permit (Gas) Well Drilling Permit (Oil, Gas, and Solution Salt Mining) Marine Resources 9.32 9.33 9.34 9.35 9.36 9.37 9.38 9.39 9.40 9.41 9.42 Digger's Permit (Shellfish) License of Menhaden Fishing Vessel License for Non-Resident Food Fishing Vessel Non-Resident Lobster Permit Marine Hatchery and/or Off-Bottom Culture Shellfish Permits Permits to Take Blue-Claw Crabs Permit to Use Pond or Trap Net Resident Commercial Lobster Permit Shellfish Bed Permit Shellfish Shipper's Permits Special Permit to Take Surf Clams from Waters Other Than the Atlantic Ocean Regulatory Affairs 9.43 9.44 9.45 9.46 9.47 9.48 9.49 9.50 9.51 9.52 9.53 9.54 9.55 Approval - Drainage Improvement District Approval - Water (Diversions for) Power Approval of Well System and Permit to Operate Permit - Article 15, (Protection of Water) - Dam Permit - Article 15, (Protection of Water) - Dock, Pier or Wharf Permit - Article 15, (Protection of Water) - Dredge or Deposit Material in a Waterway Permit - Article 15, (Protection of Water) - Stream Bed or Bank Disturbances Permit - Article 15, Title 15 (Water Supply) Permit - Article 24, (Freshwater Wetlands) Permit - Article 25, (Tidal Wetlands) River Improvement District approvals River Regulatory District approvals Well Drilling Certificate of Registration Solid Wastes 9.56 9.57 Permit to Construct and/or Operate a Solid Waste Management Facility Septic Tank Cleaner and Industrial Waste Collector Permit Water Resources 9.58 9.59 9.60 Approval of Plans for Wastewater Disposal Systems Certificate of Approval of Realty Subdivision Plans Certificate of Compliance (Industrial Wastewater Treatment Facility) VI-8 10.00 11.00 12.00 13.00 14.00 15.00 16.00 9.61 9.62 9.63 9.64 9.65 9.66 Letters of Certification for Major Onshore Petroleum Facility Oil Spill Prevention and Control Plan Permit - Article 36, (Construction in Flood Hazard Areas) Permit for State Agency Activities for Development in Coastal Erosion Hazards Areas Permit Granted (for Use of State Maintained Flood Control Land) State Pollutant Discharge Elimination System (SPDES) Permit 401 Water Quality Certification Preparation and revision of Air Pollution State Implementation Plan. Preparation and revision of Continuous Executive Program Plan. Preparation and revision of Statewide Environmental Plan. Protection of Natural and Man-made Beauty Program. Urban Fisheries Program. Urban Forestry Program. Urban Wildlife Program. ENVIRONMENTAL FACILITIES CORPORATION 1.00 Financing program for pollution control industrial firms and small businesses. FACILITIES DEVELOPMENT CORPORATION 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. OFFICE OF GENERAL SERVICES 1.00 2.00 3.00 facilities for expansion, or Administration of the Public Lands Law for acquisition and disposition of lands, grants of land and grants or easement of land under water, issuance of licenses for removal of materials from lands under water, and oil and gas leases for exploration and development. Administration of Article 4-B, Public Buildings Law, in regard to the protection and management of State historic and cultural properties and State uses of buildings of historic, architectural or cultural significance. Facilities construction, demolition. rehabilitation, expansion, or VI-9 DEPARTMENT OF HEALTH 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. expansion, or 2.00 Permit and approval programs: 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 Approval of Completed Works for Public Water Supply Improvements Approval of Plans for Public Water Supply Improvements. Certificate of Need (Health Related Facility - except Hospitals) Certificate of Need (Hospitals) Operating Certificate (Diagnostic and Treatment Center) Operating Certificate (Health Related Facility) Operating Certificate (Hospice) Operating Certificate (Hospital) Operating Certificate (Nursing Home) Permit to Operate a Children's Overnight or Day Camp Permit to Operate a Migrant Labor Camp Permit to Operate as a Retail Frozen Dessert Manufacturer Permit to Operate a Service Food Establishment Permit to Operate a Temporary Residence/Mass Gathering Permit to Operate or Maintain a Swimming Pool or Public Bathing Beach Permit to Operate Sanitary Facilities for Realty Subdivisions Shared Health Facility Registration Certificate DIVISION OF HOUSING AND COMMUNITY RENEWAL and its subsidiaries and affiliates 1.00 Facilities construction, demolition. rehabilitation, expansion, or 2.00 Financial assistance/grant programs: 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Federal Housing Assistance Payments Programs (Section 8 Programs) Housing Development Fund Programs Neighborhood Preservation Companies Program Public Housing Programs Rural Initiatives Grant Program Rural Preservation Companies Program Rural Rental Assistance Program Special Needs Demonstration Projects Urban Initiatives Grant Program Urban Renewal Programs 3.00 Preparation and implementation of plans to address housing and community renewal needs. VI-10 HOUSING FINANCE AGENCY 1.00 Funding programs for the construction, expansion of facilities. JOB DEVELOPMENT AUTHORITY 1.00 Financing assistance programs for co~mercial facilities. MEDICAL CARE FACILITIES FINANCING AGENCY 1.00 Financing of medical care facilities. OFFICE OF MENTAL HEALTH 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. 2.00 Permit and approval programs: 2.01 Operating Certificate (Community Residence) 2.02 Operating Certificate (Family Cars Homes) 2.03 Operating Certificate (Inpatient Facility) 2.04 Operating Certificate (Outpatient Facility) OFFICE OF MENTAL RETARDATION AND DEVELOPMENT DISABILITIES 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. 2.00 Permit and approval programs: 2.01 Establishment and Construction Prior Approval 2.02 Operating Certificate Community Residence 2.03 Outpatient Facility Operating Certificate DIVISION OF MILITARY AND NAVAL AFFAIRS 1.00 Preparation and implementation of the State Preparedness Plan. NATURAL HERITAGE TRUST 1.00 Funding program for natural heritage institutions. OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Regional State Park Commissions) 1.00 Acquisition, disposition, lease, grant of easement activities related to the management of jurisdiction of the Office. 2.00 Facilities construction, rehabilitation, demolition or the funding of such activities. VI-Il rehabilitation, or and industrial expansion, or expansion, or Disaster (including or other land under the expansion, or 3.00 4.00 .5.00 6.00 7.00 8.00 Funding program for recreational boating, safety and enforcement. Funding program for State and local historic preservation projects. Land and Water Conservation Fund programs. Nomination of properties to the Federal and/or State Register of Historic Places. Permit and approval programs: 7.01 Floating Objects Permit 7.02 Marine Regatta Permit 7.03 Navigation Aide Permit 7.04 Posting of Signs Outside State Parks Preparation and revision of the Statewide Comprehensive Outdoor Recreation Plan and the Statewide Comprehensive Historic Preservation Plan and other plans for public access, recreation, historic preservation or related purposes. NEW YORK STATE SCIENCE AND TECI{NOLOGY FOUNDATION 1.00 Corporation for Innovation Development Program. 2.00 Center for Advanced Technology Program. DEPARTMENT OF SOCIAL SERVICES 1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. 2.00 Homeless Housing and Assistance Program. 3.00 Permit and approval programs: 3.01 Certificate of Incorporation (Adult Residential Care Facilities) 3.02 Operating Certificate (Children's Services) 3.03 Operating Certificate (Enriched Housing Program) VI-12 2.00 Facilities construction, demolition. rehabilitation, expansion, or 9.00 Recreation services programs. 10.00 Urban Cultural Parks Program. POWER AUTHORITY OF THE STATE OF NEW YORK 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the Jurisdiction of the Authority. 3.04 3.05 3.06 3.07 3.08 Operating Certificate (Home for Adults) Operating Certificate (Proprietary Home) Operating Certificate (Public Home) Operating Certificate (Special Care Home) Permit to Operate a Day Care Center DEPARTMENT OF STATE 1.00 Appalachian Regional Development Program. 2.00 Coastal Management Program. 3.00 Community Services Block Grant Program. 4.00 Permit and approval programs: 4.01 Billiard Room License 4.02 Cemetery Operator 4.03 Uniform Fire Prevention and Building Code STATE UNIVERSITY CONSTRUCTION FUND 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. STATE UNIVERSITY OF NEW YORK 1.00 expansion, or Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the University. 2.00 Facilities demolition. construction, DIVISION OF SUBSTANCE ABUSE SERVICES rehabilitation, expansion, or 1.00 Facilities construction, rehabilitation, demolition or the funding of such activities. expansion, or 2.00 Permit and approval programs: 2.01 Certificate of Approval (Substances Abuse Services Program) DEPARTMENT OF TRANSPORTATION 1.00 Acquistion, disposition, lease, grant of easement activities related to the management of land Jurisdiction of the Department. and other under the VI-13 2,00 Constrnction, rehabilitation, expansion, or demolition of facilities, including but not limited to: (a) Highways and parkways (b) Bridges on the State highways system (c) Highway and parkway maintenance facilities (d) Barge Canal (e) Rail facilities 3.00 Financial assistance/grant programs: 3.01 3.02 3.03 3.04 3.05 Funding programs for construction/reconstruction and reconditioning/preservation of municipal streets and highways (excluding routine maintenance and minor rehabilitation) Funding programs for development of the ports of Albany, Buffalo, Oswego, Ogdensburg and New York Funding programs for rehabilitation and replacement of municipal bridges Subsidies program for marginal branchlines abandoned by Conrail Subsidies program for passenger rail service 4.00 Permits and approval programs: 5.00 6,00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 Approval of applications for airport improvements (construction projects) Approval of municipal applications for Section 18 Rural and Small Urban Transit Assistance Grants(construction projects) Approval of municipal or regional transportation authority applications for funds for design, construction and rehabilitation of omnibus maintenance and storage facilities Approval of municipal or regional transportation authority applications for funds for design and construction of rapid transit facilities Certificate of Convenience and Necessity to Operate a Railroad Highway Work Permits License to Operate Major Petroleum Facilities Outdoor Advertising Permit (for off-premises advertising signs adjacent to interstate and primary highway) Permits for Use and Occupancy of N.Y. State Canal Lands [except Regional Permits (Snow Dumping)] Real Property Division Permit for Use of State-Owned Property Preparation or revision of the Statewide Master Plan for Transportation and sub-area or special plans and studies related to the transportation needs of the State. Water Operation and Maintenance Program--Activities related to the containment of petroleum spills and development of an emergency oil-spill control network. VI-14 URBAN DEVELOPMENT CORPOP~.TION and its subsidiaries and affiliates 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the Jurisdiction of the Corporation. 2.00 Construction, rehabilitation, expansion, or demolition of residential, commercial, industrial, and civic facilities and the funding of such activities, including but not limited to actions under the following programs: (a) (b) (c) (d) (e) Tax-Exempt Financing Program Lease Collateral Program Lease Financial Program Targeted Investment Program Industrial Buildings Recycling Program DIVISION OF YOUTH 1.00 Facilities construction, rehabilitation, expansion, demolition and the funding or approval of such activities. or DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS DEPARTMENT OF COMMERCE National Marine Fisheries Services 1.00 Fisheries Management Plans DEPARTMENT OF DEFENSE 1.00 2.00 3.00 4.00 5.00 6.00 Army Corps of Engineers Proposed authorizations for dredging, channel improvements, breakwaters, other navigational works, or erosion control structures, beach replenishment, dams or flood control works, ice management practices and activities, and other projects with potential to impract coastal lands and waters. Land acquisition for spoil disposal or other purposes. Selection of open water disposal sites. Army, Navy and Air Force Location, design, and acquisition of new or expanded defense installations (active or reserve status, including associated housing, transprotation or other facilities). Plans, procedures and facilities for landing or storage use zones. Establishment of impact, comparability or restricted use zones. VI-15 DEPARTMENT OF ENERGY 1.00 Prohibition ordsrs. GENERAL SERVICES ADMINISTRATION 1.00 Acquisition, location and design of proposed Federal Government property or buildings, whether leased or owned by the Federal Government. Disposition of Federal surplus lands and structures. 2.00 DEPARTMENT OF INTERIOR 1.00 2.00 DEPARTMENT OF TRANSPORTATION 1.00 2.00 3.00 4.00 5.00 6.00 7.00 Fish and Wildlife Service Management of National Wildlife refuges and proposed acquisitions. National Park Service National Park and Seashore management and proposed acquisitions. Amtrak, Conrail Expansions, curtailments, new construction, upgradings or abandonments of railroad facilities or services, in or affecting the State's coastal area. Coast Guard Location and design, construction or enlargement of Coast Guard stations, bases, and lighthouses. Location, placement or removal of navigation devices which are not part of the routine operations under the Aids to Navigation Program (ATON). Expansion, abandonment, designation or anchorages, lightering areas or shipping lanes and ice management practices and activities. Federal Aviation Administration Location and design, construction, of Federal aids to air navigation. maintenance, and demolition Federal Hi~hwa~ Administration Highway construction. St. Lawrence Seaway Development Corporation Acquisition, location, design, improvement and construction of new and existing facilities for the operation of the Seaway, incuding traffic safety, traffic control and length of navigation season. VI-16 FEDERAL LICENSES AND PERMITS DEPARTMENT OF DEFENSE Army Corps of Engineers 1.00 Construction of dams, dikes or ditches across navigable waters, or obstruction or alteration of navigable waters required under Sections 9 and 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401, 403). 2.00 Establishment of harbor lines pursuant to Section 11 of the Rivers and Harbors Act of 1899 (33 U.S.C. 404, 405). 3.00 Occupation of seawall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the U.S. pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408). 4.00 Approval of plans for improvements made at private expense under USACE supervision pursuant to the Rivers and Harbors Act of 1902 (33 U.S.C. 565). 5.00 Disposal of dredged spoils into the waters of the U.S., pursuant to the Clean Water Act, Section 404, (33 U.S.C. 1344). 6.00 All actions for which permits are required pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 7. O0 Construction of artificial islands and fixed structures in Long Island Sound pursuant to Section 4(f) of the River and Harbors Act of 1912 (33 U.S.C.). DEPARTMENT OF ENERGY Economic Regulatory Commission 1.00 Regulation of gas pipelines, and licensing of import or export of natural gas pursuant to the Natural Gas Act (15 U.S.C. 717) and the Energy Reorganization Act of 1974. 2.00 Exemptions from prohibition orders. Federal Energy Regulatory Commission 3.00 Licenses for non-Federal hydroelectric projects and primary transmission lines under Sections 3(11), 4(e) and 15 of the Federal Power Act (16 U.S.C. 796(11), 797(11) and 808). 4.00 Orders for interconnection of electric under Section 202(b) of the (15 U.S.C. 824a(b)). transmission facilities Federal Power Act VI-17 5.00 6.00 Certificates for the construction and operation of interstate natural gas pipeline facilities, including both pipelines and terminal facilities under Section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)). Permission and approval for the abandonment of natural gas pipeline facilities under Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)). ENVIRONMENTAL PROTECTION AGENCY 1.00 NPDES permits and other permits for Federal installations, discharges in contiguous zones and ocean waters, sludge runoff and aquaculture permits pursuant to Section 401, 402, 403, 405, and 318 of the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1341, 1342, 1343, and 1328). 2.00 Permits pursuant to the Resources Recovery and Conservation Act of 1976. 3.00 Permits pursuant to the underground injection control program under Section 1424 of the Safe Water Drinking Water Act (42 U.S.C. 300h-c). 4.00 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857). DEPARTMENT OF INTERIOR Fish and Wildlife Services 1.00 Endangered species permits pursuant to the Endangered Species Act (16 U.S.C. 153(a)). Mineral Management Service 2.00 Permits to drill, rights of use and easements for construction and maintenance of pipelines, gathering and flow lines and associated structures pursuant to 43 U.S.C. 1334, exploration and development plans, and any other permits or authorizations granted for activities described in detail in OCS exploration, development, and production plans. 3.00 Permits required for pipelines crossing federal lands, including OCS lands, and associated activities pursuant to the OCS Lands Act (43 U.S.C. 1334) and 43 U.S.C. 931 (c) and 20 U.S.C. 185. INTERSTATE COMMERCE COMMISSION 1.00 Authority to abandon railway lines (to the extent that the abandonment involves removal of trackage and disposition of right-of-way); authority to construct railroads; authority to construct coal slurry pipelines. VI-18 NUCLEAR REGULATORY COMMISSION 1.00 Licensing and certification of the siting, construction and operation of nuclear power plans pursuant to Atomic Energy Act of 1954, Title II of the Energy Reorganization Act of 1974 and the National Environmental Policy Act of 1969. DEPARTMENT OF TRANSPORTATION Coast Guard 1.00 Construction or modification of bridges, causeways or pipelines over navigable waters pursuant to 49 U.S.C. 1455. 2.00 Permits for Deepwater Ports pursuant to the Deepwater Ports Act of 1974 (33 U.S.C. 1501). Federal Aviation Administration 3.00 Permits and licenses for construction, operation or alteration of airports. FEDERAL ASSISTANCE* DEPARTMENT OF AGRICULTURE 10.068 10.409 10.410 10.411 10.413 10.414 10.415 10.416 10.418 10.419 10.422 10.423 10.424 10.426 10.429 10.430 10.901 10.902 10.904 10.906 Rural Clean Water Program Irrigation, Drainage, and Other Soil and Water Conservation Loans Low to Moderate Income Housing Loans Rural Housing Site Loans Recreation Facility Loans Resource Conservation and Development Loans Rural Rental Housing Loans Soil and Water Loans Water and Waste Disposal Systems for Rural Cotmnunities Watershed Protection and Flood Prevention Loans Business and Industrial Loans Community Facilities Loans Industrial Development Grants Area Development Assistance Planning Grants Above Moderate Income Housing Loans Energy Impacted Area Development Assistance Program Resource Conservation and Development Soil and Water Conservation Watershed Protection and Flood Prevention River Basin Surveys and Investigations DEPARTMENT OF COMMERCE 11.300 11.301 Economic Development - Grants and Loans for Public Works and Development Facilities Economic Development - Business Development Assistance VI-19 11.302 11.304 11.305 11.307 11.308 11.405 11.407 11.417 11.427 11.501 11.509 Economic Development - Support for Planning Organizations Economic Development - State and Local Economic Development Planning Economic Development - State and Local Economic Development Planning Special Economic Development and Adjustment Assistance Program - Long Term Economic Deterioration Grants to States for Supplemental and Basic Funding of Titles I, II, III, IV, and V Activities Anadromous and Great Lakes Fisheries Conservation Commercial Fisheries Research and Develoment Sea Grant Support Fisheries Development and Utilization - Research and Demonstration Grants and Cooperative Agreements Program Development and Promotion of Ports and Intermodal Transportation Development and Promotion of Domestic Waterborne Transport Systems DEPARTMENT 14.112 14.115 14.117 14.124 14.125 14.126 14.127 14.218 14.219 14.221 14.223 OF HOUSING AND URBAN DEVELOPMENT Mortgage Insurance - Construction or Substantial Rehabilitation of Condominium Projects Mortgage Insurance - Development of Sales Type Cooperative Projects Mortgage Insurance - Homes Mortgage Insurance - Investor Sponsored Cooperative Housing Mortgage Insurance - Land Development and New Co--unities Mortgage Insurance - Management Type Cooperative Projects Mortgage Insurance - Mobile Home Parks Community Development Block Grants/Entitlement Grants Community Development Block Grants/Small Cities Program Urban Development Action Grants Indian Community Development Block Grant Program DEPARTMENT OF INTERIOR 15.400 15.402 15.403 15.411 15.417 15.600 15.605 15.611 15.613 15.802 15.950 15.951 15.592 Outdoor Recreation - Acquisition, Development and Planning Outdoor Recreation - Technical Assistance Disposal of Federal Surplus Real Property for Parks, Recreation, and Historic Monuments Historic Preservation Grants-In-Aid Urban Park and Recreation Recovery Program Anadromous Fish Conservation Fish Restoration Wildlife Restoration Marine Mammal Grant Program Minerals Discovery Loan Program National Water Research and Development Program Water Resources Research and Technology - Assistance to State Institutes Water Research and Technology - Matching Funds to State Institutes VI-20 DEPARTMENT OF TRANSPORTATION 20.102 20.103 20.205 20.309 20.310 20.506 20.509 Airport Development Aid Program Airport Planning Grant Program Highway Research, Planning, and Construction Railroad Rehabilitation and Improvement - Guarantee of Obligations Railroad Rehabilitation and Improvement - Redeemable Preference Shares Urban Mass Transportation Demonstration Grants Public Transportation for Rural and Small Urban Areas GENERAL SERVICES ADMINISTRATION 39.002 Disposal of Federal Surplus Real Property COMMUNITY SERVICES ADMINISTRAITON 49.002 49.011 49.013 49.017 49.018 Community Action Community Economic Development State Economic Opportunity Offices Rural Development Loan Fund Housing and Community Development (Rural Housing) SMALL BUSINESS ADMINISTRATION 59.012 59.013 59.024 59.025 59.031 Small Business Loans State and Local. Development Company Loans Water Pollution Control Loans Air Pollution Control Loans Small Business Pollution Control Financing Guarantee ENVIRO~R~ENTAL PROTECTION AGENCY 66.001 66.418 66.426 66.451 66.452 66.600 Air Pollution Control Program Grants Construction Grants for Wastewater Treatment Works Water Pollution Control - State and Areawide Water Quality Managment Planning Agency Solid and Hazardous Waste Management Program Support Grants Solid Waste Management Demonstration Grants Environmental Protection Consolidated Grants Program Support Comprehensive Environmental Response, Compensation and Liability (Super Fund) *Numbers refer to the Catalog of Federal Domestic Assistance Programs, 1980 and its two subsequent updates. VI-21 STATE AND FEDERAL ACTIONS AND PROGRAMS NECESSARY TO FURTHER THE LWRP State Agencies Department of Environmental Conservation (1) Approval of Freshwater Wetland Permits and Tidal Wetland Permits: Must be coordinated with local regulations and policies (2) State Pollution Discharge Elimination System Permits: Should only be graded in conformance with the policies and criteria established in the LW~.P so as to enforce its objectives. (3) Funding for Flood and Erosion Control Projects: Could further the objectives of the LWRP. (4) Construction Management Program: For wastewater treatment facilities, can funding for sewer repair and improvement. (5) Environmental Quality Bond Act, Title 7. be a source of Office of Parks, Recreation and Historic Preservation (1) Nomination to State and Federal Register of Historic Places: Can assist in the preservation of historic landmarks through both legal protection and funding eligibility. (2) Provision of Funding: For State and local historic preservation activities. (3) Certification of Properties: Within the National Historic Register Districts. (4) Review of Type I Actions: Within the National Historic Districts. (5) Provision of Funding: For State and Local activities from the Land and Water Conservation Fund. (6) Environmental Quality Bond Act, Title 9. Department of State (1) Provision of Funding: For the Development of an improved Local Waterfront Revitalization Program. (2) Provision for Financial Assistance: Through the Local Waterfront Revitalization Program for the preparation of a public access and waterfront design plan for the harborwalk project. Department of Transportation (1) Assistance for Street Repairs: Through the Consolidated Highway Improvements Program. VI-22 d. Department of Transportation (continued) (2) Technical Input and Coordinated Assistance: For a comprehensive local traffic study. e. Department of Comerce (1) Any action or the Provision of Funds: For the development or promotion of tourism related activities or development. 2. Federal Agencies a. Department of Housing and Urban Development (1) Small Cities Program and Urban Development Action Grant Funds: Continued support from these programs for housing revitalization and economic development. b. Department of Comerce (1) Tourism Promotion: Any action or provision of funds for the development or promotion of tourism related activities or development including the Harborwalk ProJsct as described in Section IV. (2) Sea Grant Support: Is important to provide research and technical assistance to better understand and develop solutions to commercial fishing problems and other coastal matters. c. Department of Defense, Army Corps of Engineers (1) Approval of Public and Private Marine Oriented Improvement Plans: Important for dredging, bulkhead repair and installation, dock repair and installation, dredge spoil disposal sites, etc. to assure that such projects consider environmental consequences. d. Environmental Protection Agency (1) Construction Grants for Wastewater Treatment Works: May provide assistance in increasing the capacity effectiveness of the Village's sewage treatment plant. and e. Department of Transportation, Coast Guard (1) Navigation Devices: The location, placement, devices. maintenance and removal of such VI-23 Federal Emergency Management Agency (FEMA) (1) National Flood Insurance: The National Flood Insurance Program federally subsidized flood insurance areas in the Village. Department of Treasury, Internal Revenue Service (1) Qualified Building Rehabilitation: Continuation of incentives for qualified building structures. (2) Tax Exempt Status Provisions: Appropriated for non-profit agencies coastal area. (NFIP) provides to flood-prone rehabilitation of active in the Economic Development Administration (1) Assistance for Street Improvements: Under the Public Works and Economic Development Act. Department of the Interior, National Park Service (1) Review of Federal Actions: Within the National Historic Register Districts, of federal actions pursuant to NEPA. review VI-24 SECTION VII CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES SECTION VII. CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES Several governmental agencies and local organizations were consulted during the preparation of this waterfront program. Local initiatives based on these consultations resulted in the initial stages of establishing: - an Historic Preservation Local Law; - a commercial fishing dock for use by operators of local, small commercial fishing vessels; - an amendment to Chapter 85 (Zoning) of the Village's Municipal Code to delete residential use in the Village's Waterfront Commercial District; - the development of additional parking facilities at the LIRR site; - the preparation of a comprehensive groundwater availability study; - sewage the planned expansion of the Village's municipally owned treatment facility; and - the renegotiation of the Village's contract with the Authority of the State of New York for its electricity needs. Consultations have occurred with the following agencies: State A~encies N.Y.S. Department of State N.Y.S. Department of Environmental Conservation N.Y.S. Office of Parks, Recreation and Historic Preservation N.Y.S. Power Authority Regional Long Island Regional Planning Board Local Agencies Suffolk County Planning Department Suffolk County Department of Health Services Village of Greenport, Board of Trustees Village of Southold, Planning Board Power VII-2 SECTION VIII~ LOCAL COMMITMENT During the preparation of the Greenport LWRP, the material in the foregoing sections was discussed at public meetings of the Village Board of Trustees. The occasions were covered by the local press. Active public participation occurred in the development of the Village's LWRP, and will continue to occur throughout the adoption phase. Scheduled and duly advertised public meetings occurred as follows: - Public informational meetings with full consultant presentations on May 25 and June 29, 1983. - Joint meeting between the Greenport Village Planning Board and Town of Southold Planning Board on August 8, 1983. Public presentation/hearing before the Greenport Village Board on August 18, 1983. Following the public hearing, a ten day comment period was scheduled for public input prior to modification of the draft and subsequent Village Board consideration. In addition to the public informational meetings and hearings noted above, many meetings were held by the Village's planning consultants with officials, businessman, and property owners within Greenport. The program was also discussed at meetings of the Greenport Rotary Club, Greenport Village Merchant's Association, and the Greater Greenport-Southold Chamber of Commerce. In this manner, a significant amount of time, interest and expertise was contributed by the residents and businessmen of the Village in the preparation of the LWRP. Citizen input improved the data base, provided alternatives, and expressed the values and concerns of the community. Both the Planning Board and the Village Board had additional opportunities to comment on the draft program prior to its completion. Revisions were made accordingly. A resolution demonstrating support for the program was approved by the Village Trustees before the draft document was submitted to the NYS Department of State and numerous other involved agencies for review. The Village has recognized the need to continue public and private involvement in the LWRP through the mechanisms identified herein. VIII-1 SECTION IX DRAFT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT (DPEIS) SECTION IX DRAFT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT (DPEIS) REGARDING Municipal action in adopting a Local Waterfront Revitalization Program (LWRP) pursuant to the New York State Waterfront Revitalization and Coastal Resources Act of 1981. The locally adopted and New York State Department of State approved LWRP will establish mechanisms for local coastal management within the municipality's coastal area. BY VILLAGE OF GREENPORT, NEW YORK George W. Hubbard, Mayor Village of Greenport 236 Third Street Greenport, New York 11944 Telephone: (516) 477-2385 Date of acceptance of this DPEIS: 4-23-87. Date by which comments regarding this DPEIS must be submitted: 7-13-87. New York State Department of State Division of Coastal Resources and Waterfront Revitalization Contact: Peter Walsh (518) 474-9201 TABLE OF CONTENTS Page A. Reader Orientation ............................................... IX-4 B. Description of the Proposed Action ............................... IX-4 C. Environmental Setting ............................................ IX-5 D. Significant Environmental Impacts ................................ IX-5 1. Incorporation of the Proposed LWRP with the New York State Coastal Management Program ............... IX-5 2. Possible Impacts of LWRP Implementation Upon Local Resources ............................................. IX-5 3. Possible Impacts of LWRP Implementation Upon Areas Outside the Village's Coastal Area .................... IX-ii E. Adverse Environmental Effects That Cannot be Avoided if the Project is Implemented and Mitigation Measures to Minimize Those Adverse Environmental Effects ..................... IX-il F. Irreversible and Irretrievable Commitments of Resources ..................................................... IX-12 G. Growth Inducing Aspects .......................................... IX-12 H. Effects on the Use and Conservation of Energy Resources ................................................. IX-12 I. Alternatives ..................................................... IX-13 A. READER ORIENTATION The Greenport Village Board of Trustees, as lead agency, has determined that the adoption of the LWRP may have a significant impact on the environment. As a result, this Draft Programmatic Environmental Impact Statement (DPEIS) was prepared to examine the positive and negative impacts that may result from the adoption of the LWRP, ways to minimize negative impacts, and reasonable alternatives to the proposed action. The legislative basis for this program is the Waterfront Revitalization and Coastal Resources Act adopted by the New York State Legislature and signed into law by the Governor in 1981. The New York State Coastal Management Program (NYS CMP) is an approved state program (1982) under the Federal Coastal Zone Management Act. The State Program identifies a coastal zone boundary within which Federal or State agency actions must conform to policies adopted by the State within or affecting that Coastal Boundary. An EIS prepared to assess the environmental impacts of the State Coastal Management Program found the impacts on the State's coastal resources to be beneficial. Copies of the full State Coastal Management Program and Final Environmental Impact Statement are available from the New York State Department of State. After reading this DPEIS, you may wish to add your direct input into the Village's decision-making process. Your relevant comments may be particularly helpful to the Village in determining if it has adequately addressed positive and negative impacts of the proposed action upon such areas as the natural environment, community services and human services. Based on your comments, and those of others, the Village will determine whether or not to: revise its DPEIS; hold a public hearing on the matter; and/or alter its proposed action. Additional copies of both the Draft LWRP and DPEIS are available for public review at the following locations: Village of Greenport, Village Hall, 236 Third Street, Greenport, New York; and at the New York State Department of State, 162 Washington Avenue, Albany, New York. Written comments about this DPEIS may be submitted to: Nancy J. Cook Village Clerk Village Hall P.O. Box A-H 236 Third Street Greenport, New York 11944 The deadline for submission of your comments appears on the front cover of this DPEIS. B. DESCRIPTION OF THE PROPOSED ACTION The Village of Greenport, New York, intends a municipal action in adopting a Local Waterfront Revitalization Program. When the LWRP is approved and accepted by the Secretary of State, the Village of Greenport Local Waterfront Revitalization Program will be fully incorporated into the NYS CMP. The Village's LWRP will further the goals of the NYS CMP by detailing local waterfront management policies based on the State policies, as well as future projects and uses that will benefit the community. The policies and procedures adopted locally will guide local, State and Federal actions in or affecting the waterfront area of Greenport. Ail proposed actions will be reviewed by the Village for consistency with the objectives of the LWRP. The Village has considered alternatives to LWRP adoption which are discussed in the Alternatives section of this DPEIS. C. ENVIRO5~MENTAL SETTING The entire incorporated Village of Greenport lies within the coastal zone boundary. The natural, cultural, and recreational resources of the Village are described in Section II, Inventory and Analysis, of the LWRP. Generally, land use along the Greenport waterfront consists of the following: along Waterfront Area 1, water-dependent commercial use, and to a lesser extent, residential and open space use; along Waterfront Area 2, water-dependent and water-enhanced co~mnercial uses; and along Waterfront Area 3, residential and open space use. Water-enhanced retail commercial uses are located inland, immediately adjacent to Waterfront Area 2, in the Village's Central Business District (CBD). Other inland uses include; residential, utilities, and open space. Inland open space in the Village is significant; the Village-owned 240 acre Moores Woods property comprises close to 40% of the Village's total land area. D. SIGNIFICANT ENVIRONMENTAL IMPACTS The Village envisions two categories of actions which may cause significant environmental impacts through adoption and implementation of its LWRP: - incorporation of the proposed LWRP within the NYS CMP; and possible impacts of LWRP implementation upon local institutional, economic, developmental, energy and social resources. Incorporation of the proposed LWRP within the New York State Coastal Management Pro~ram. Boundary There is no boundary change as a result of the Greenport LWRP. Policies Policies 3,7,24,26,27,28,32 and 40 are determined to be Not Applicable to Greenport for the following reasons: Policy 3 The small harbor of the Village of Greenport is not a major port. IX-5 Policy 7 No significant coastal fish and wildlife habitats have been or are likely to be designated by the State within the coastal area of the Village. Policy 24 No scenic resources of statewide significance have been or are likely to be identified. Policy 26 There are no significant agricultural lands in the Greenport coastal area. Policy 27 The Village lacks any land area on which a major energy facility might be sited. Policy 28 Ice management practices, other than air bubble systems at marinas, are unwarranted because the damage to maritime structures is slight. Policy 32 Ail development within the Village of Greenport is and will be serviced by the Village's municipal sewage system. Policy 40 There are no steam electric generating or industrial facilities existing, planned, or possible to site in the Village waterfront area. The following policies are essentially the same as found in the NYS CMP: Policies 6,8,9,12,14,16,17,18,22,29,31,36,38,39,41,42,43 and 44. These policies are included in Section III of the LWRP. The remaining policies further specify the policies of the NYS CMP as they apply within the Village: 1,2,4,5,10,11,13,15,19,20,21,23,25,30, 33,34,35 and 37. These policies are also included in Section III of the LWRP. 2. Possible Impacts of LWRP Implementation Upon Local Resources Adoption and implementation of the LWRP by the Village is likely to commence implementation of twenty-three (23) actions. Each action has been assessed to determine its likelihood of causing significant positive and adverse primary or secondary impacts. Any project impacts that are not sufficiently addressed or that cannot be sufficiently addressed within the scope of this DPEIS, will have to be individually addressed in future project-specific SEQRA determinations and, as necessary, project-specific environmental impact statements. The results of assessment, by action, are as follows: Harborwalk. The harborwalk will greatly enhance the aesthetic appeal of the Village's CBD and Waterfront Area 2; provide needed public and visual access to the waterfront; provide an alternate route of access to Front, Main, and Third Streets for pedestrians; and serve as a facility from which tours of Greenport's historic working waterfront can be conducted. This IX-6 action would restrict property owners from developing the relatively narrow strip of land on which the harborwalk is to be constructed. However, the public benefits of enhancing the appeal of the Village's CBD for increased tourism and public access opportunities outweighs this concern. Baymen's Dock. The construction of a dock at the Village/Town boat ramp would be an asset to the community by providing local commercial fishermen with needed dock space. Such an action would enable local fisherman to continue to pursue their livelihood without having to compete for dock space at local marinas with recreational boating interests. Boats will be secured to floating dock sections that will extend from a fixed dock used to gain adequate water depth. The use of a fixed dock eliminates the need to dredge and bulkhead. Accessory Dock. Development of a ~ock to serve the needs of large commercial tour, party, and charter fishing boats next to the existing commercial fishing dock at the LIRR property will ensure that these types of vessels will continue to operate in Greenport. Due to the competition for dock space from recreational boating interests, dock space for tour, party and charter boats has become increasingly difficult, if not impossible to find. The environmental consequences would not be significant due to the already developed nature of the LIRR site. The existing and future enlarged parking facilities will be utilized to accommodate parking for these vessels. The loss of the party fishing boats and tour boats which currently dock in Greenport would most likely have an adverse impact on local merchants who sell supplies and other products to users of these boats. Another negative impact would be the loss of a popular form of commercial fishing, in which space and energy requirements are far more efficient than the associated requirements of individually owned and operated fishing craft. Fish Unloading and Packaging Facility. Acquisition and development of the county-owned Barstow shipyard site for a new, modern fish unloading and packaging facility is expected to generate a modest increase in commercial truck traffic on local traffic routes. However, the development of such a facility would ensure that adequate support services are available to serve the needs of commercial fishing vessels in Greenport Harbor. Parking Field Development and Expansion. The development of a municipal parking field at the Adams and South Street vicinity will require the acquisition of private property and the removal of several homes. Under the lease agreement between the Village and Metropolitan Transportation Authority, the LIRR site will continue to be developed for municipal parking. The parking space provided in these two areas would help to relieve parking congestion in the Village CBD. IX-7 Motel/Conference Center. The draft environmental impact statement prepared for the development of a small scale hotel/convention center and marina complex on the Mitchell property states that impacts on the Village's municipal water, sewer, and transportation services will occur. The environmental impact to this site will be minimal since it is a pre-disturbed site currently developed with a two story restaurant, large asphalt parking area, and bulkhead waterfront. Beneficial economic impacts to the community are also identified and include: the creation of Jobs, sales revenues from increased tourism, and the generation of local tax revenues. Waterfront Mini-Parks. Improvements to small underutilized waterfront property within the Village for passive recreational use will yield benefits to year-round and seasonal residents as well as visiting tourists. Benefits include improved public access, enhanced visual access to the Village's shoreline, and increased recreational opportunities. Site developments will be designed to minimize noise and pedestrian trespasses upon adjoining residential properties. Commercial Fishing/Shipbuilding Museum. The conversion of the LIRR terminal building to a museum is likely to cause an increase in resident and tourist pedestrian and vehicular traffic. However, only a slight impact is expected due to the small size of the terminal building, its ease of accessibility from and to the CBD and public transportation facilities, and the availability of existing parking spaces at the LIRR site. Waterfront Park/Nature Center. The acquisition and redevelopment of the abandoned Mobil site for a municipal park will cause an increase in resident and tourist vehicular traffic, causing a consequent impact on Village residents living in the immediate vicinity of the area. The project would significantly enhance the Village's waterfront resources and increase opportunities for public access and waterfront recreation. The conversion of this site would also remove a visually degrading element from the Village's waterfront. 10. Central Business District Design Plan. The preparation and use of a design plan by the Village will guide CBD structural rehabilitation, infill development, and streetscape improvements so they are accomplished in a sensitive manner, compatible with the Village's development goals and objectives. 11. Comprehensive Traffic and Parking Study. This study will recommend ways to best minimize impacts related to excessive traffic and inadequate parking. Regulatory Measures 12. Two new zoning classifications, Waterfront Commercial-1 amd Waterfront Commercial-2 will be established, replacing the existing Waterfront Commercial zoning classification in IX-8 13. 14. 15. 16. 17. 18. Waterfront Areas 1 and 2. Establishing the WC-1 zone on waterfront commercial property in Waterfront Area 1, with the exception of the Townsend Manor Inn, will limit land use to water-dependent uses, eliminate encroachment by conflicting water-enhanced uses, and reduce the potential for retail commercial sprawl. Resulting decreases in opportunities for mixed-use development of water-dependent and water-enhanced uses in Waterfront Area 1 could cause economic losses to current or future landowners. However, the benefits of reserving waterfront parcels for water-dependent uses that are compatible with or support Greenport's working waterfront heritage outweigh short-term alternate development opportunities. Establishing the WC-2 zone on waterfront commercial property in Waterfront Area 2 and on the Townsend Manor Inn in Waterfront Area 1, will serve to maintain and promote the desired mix of water-dependent and water-enhanced uses in each area. A Park zoning classification will be established for all publicly-owned lands used for recreation, open space, and utilities, but currently zoned residential. This action will have a positive impact on the environment since it will ensure that Village owned properties will be retained in public ownership and continue to be used for recreation, open space, and utilities. An R-3 zoning classification will be established for all properties developed with multiple density residential units. This action will make zoning consistent with multiple density land use patterns. A Village Historic District, Architectural/Historic Review Board, with associated review guidelines and procedures will be created. This action will help to sustain the historic integrity of the Village. Owners of historic properties within the Historic District may experience some time delay in obtaining building permits. However, the benefits of maintaining and preserving the character of historic properties outweigh the short-term delay some property owners may experience in obtaining a building permit. The 100 year flood hazard boundary will be delineated on the Village's Zoning Map. This action will serve to clearly inform the public that all development within the flood boundary must comply with the Village's Flood Damage Prevention Law. Site plan development regulations will be amended to include drainage plans, identification of historic resources, and demonstration of public and/or visual access to the shoreline. This will serve to ensure consideration of these elements by the Planning Board when new development is proposed. District bulk and parking regulations will be amended to require a minimum amount of unpaved, landscaped open space on commercial development sites, and the installation of pump-out facilities at IX-9 19. 20. 21. 22. 23. V~.llage marinas. The landscaped open space requirement will ensure that landscaping is provided on commercial development sites, thereby improving the visual quality of the Village. The installation of pump-out facilities will provide a sewage disposal alternative to boat owners and serve to promote the improvement of surface water quality in Greenport Harbor. Property owners may incur the loss of some developable land to meet the open space requirement, or may incur the cost necessary to provide a pump-out facility. The public benefit of increased landscaping and the provision of pump-out facilities to encourage improved surface water quality outweigh the costs that may be incurred by individual property owners. Chapter 82, Wetlands, Floodplain, and Drainage will be amended to include requirements pertaining to the durability, maintenance, and where applicable, the ability of shoreline structures to control erosion. This action will help to ensure that shoreline structures are properly designed, constructed, maintained and that they provide the level of protection expected. As a result, damage or loss to public or private property, natural protective features, and other natural resources will be minimized. A Right to Conduct Commercial Fishing Activity law will be established to protect and encourage commercial fishing. This law will serve as a means to protect commercial fishing facilities from conflicting land uses, and serve to encourage the development and improvement of these facilities in the Village. Chapter 20, Boats, will be amended to prohibit discharge of sewage waste from boat toilet~ into Village waters. This amendment will make the discharge of sewage waste illegal and serve to improve the water quality of Greenport Harbor. A drainage and sedimentation control law will be established to maximize containment of stormwater runoff on commercial development sites during and after construction. This law will serve to reduce the amount of pollutants and silt entering coastal waters from commercial development sites during and after construction, and serve to lessen the impact of street flooding after periods of heavy rainfall. Developers will incur additional site development costs to install drainage structures as a result of this law. However, public benefits will far outweigh private costs. A LW'RP consistency law will be adopted. This law will provide for compliance of locally proposed actions with the LWRP. This law will also ensure that decisions of State and Federal agencies reflect the locally determined program for the protection and development of waterfront resources. Some additional costs may be incurred by the Village to administer this law; however, these costs will be negligible compared to the benefit of this law. IX-lO Possible Impacts of LWRP Implementation Upon Areas Outside the Village's Coastal ~rea The revitalization of the Village's waterfront area and CBD, as described in the LWRP and DPEIS, is expected to increase visitor and commercial-related land and waterborne traffic to the Village. Impacts of that traffic will hear most heavily upon New York State Route 25 and Shelter Island Sound. In response to the enhanced appeal of the Village's CBD, its waterfront, and historic residential, and open space areas, residential development pressures are expected to increase near the Village boundary in the Town of Southold. E. ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED AND MITIGATION MEASURES TO MINIMIZE THOSE ADVERSE ENVIRONMENTAL EFFECTS Implementation of the Village's LWRP will have the following unavoidahle adverse effects: Resulting decreases in opportunities for non-water-dependent and enhanced uses along portions of the Village's shoreline could cause economic losses to current or future land owners. Limited opportunities do exist elsewhere within the Village retail and commercial districts for the siting of non-water-dependent development. To increase opportunities for non-water-dependent development, the Village is currently evaluating inland properties suitable for general commercial use. The benefits of reserving waterfront area parcels for uses that support and are consistent with the maritime character of the Village outweigh the short-term loss of opportunity some developers may experience. The benefits include the continuation of the Village's water-dependent commercial fishing and other water related industries, which are an integral part of the Village's historic identity as a community. The Village's character makes it an attractive seafaring hamlet for tourists and for those who live and work in Greenport. Rehabilitation of underutilized waterfront properties for water-dependent commercial uses, revitalization of the Village's CBD and increases in recreational opportunities throughout the Village's coastal area are likely to result in the overloading of automobile routes and parking areas near the waterfront. Vehicular congestion is expected to be seasonal and temporary in nature and cause inconvenience as opposed to risks to public safety. Development of parking facilities near the Village waterfront areas and elsewhere throughout the Village is needed to diminish adverse impacts of traffic congestion. Private development of shoreline facilities, such as marinas, will be reviewed prior to the issuance of permits, to assure adequacy of off-street parking and buffering. Informational and directional signs will mitigate congestion and inconvenience, caused by visitor infamiliarity with the layout of the Village, its services and accommodations. The Village will mitigate or avoid adverse impacts caused by increased vehicular and pedestrian traffic IX-ii in the Village's CBD by establishing municipal parking fields, imposing effective traffic and parking regulations, and through careful administration of local zoning and LWRP consistency laws. Potential increased draws on municipal water supplies, the municipal sewage system and electrical power supply will be evaluated on a site-specified and cumulative basis. F. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES Adoption of the Local Waterfront Revitalization Program will not directly cause the loss or ~rretrievable commitment of coastal resources. The Program is designed to preserve waterfront commercial sites for water-dependent uses consistent with Greenport's heritage, redevelop and revitalize underutilized/deteriorated sites located on the waterfront and in the CBD, provide increased public access opportunities to the waterfront, and protect significant natural resource areas and historic resources. G. GROWTH-INDUCING ASPECTS If the LWRP is successful, the Village's remaining deteriorated and underutilized waterfront properties, with the exception of the Mobil property, will be developed and profitably occupied by water-related facilities. Remaining vacant or underutilized properties in the Village's CBD will be developed with retail commercial uses. A combination of second home owner and tourist visits to the Village will bring more automobiles to the Village CBD. Village and private commitments of land for developing additional temporary or permanent off-street parking facilities will be required. Water-dependent commercial development on underutilized waterfront properties, infill development in the Village's CBD, and the development of the Mitchell property for a hotel/convention center could all increase employment opportunities for Village residents and increase the Village's tax base. Increased employment may increase load demand upon Village services, facilities, infrastructure, and upon its privately owned housing base. H. EFFECTS ON TEE USE AND CONSERVATION OF ENERGY RESOURCES Revitalization of the Greenport waterfront is anticipated to attract increased travel to the Village. Bus, rail, and ferry services currently provide transit options to Greenport. Although the transit services provided by the Orient and Shelter Island ferries provide sufficient regularly scheduled mass transit, the rail and bus lines do not. Increased rail and bus service to the Village could reduce dependence upon the relatively energy inefficient vehicular transportation used by the majority of individuals traveling to Greenport. Energy consumption attributable directly or indirectly to the LWRP includes increased use of petroleum based fuels and lubricants associated with: boat and automobile travel; the rehabilitation of buildings and their facades; structural improvements along the Village's shoreline; and expansion, rehabilitation or new construction on waterfront and central business parcels. IX-12 I. ALTERNATIVES This section describes actions the Village might take to meet its goal of the most advantageous use and protection of the Village's coastal resources. Alternatives addressed in this section relate to: - Whether or not to adopt a LWRP; and If a LWRP is to be adopted, which alternative means for implementation of the LWRP will be employed. Whether of not to adopt a LWRP Alternative 1: Adoption of a LWRP Adoption of a LWRP by the Village Trustees will establish mechanisms for local coastal management within the Village's coastal area; requires that local, State and Federal actions in the coastal area be consistent with the LWRP; and establishes Village eligibility for the receipt of grants for pre-construction and other activities supporting the Village's waterfront objectives. Alternative 2: No adoption of a LWRP If a LWRP is not adopted, the Village will not have established mechanisms for local coastal management within its waterfront area. Local, State and Federal government actions in the coastal area will not be required to be consistent with the LWRP. The Village will also not be eligible for pre-construction grants and other activities supporting the Village's waterfront objectives. Alternative Selection: 1. Adoption of a LWRP Protection of past, current, and future private and public sector initiatives in the Village's waterfront will be facilitated if the Village is able to enforce consistency of State and Federal actions in the coastal area with local private and public sector objectives. In order to enhance public and private sector investments in the coastal area, the Village deems it prudent to avail itself of Federal grants that would share cost burdens of pre-construction and other activities supportive of the coastal area goal. Accordingly, the Village elects to employ Alternative 1: Adoption of a LWRP. Alternative Means for Implementing the LWRP Alternative 1: Adopt no additional local laws or regulations Existing local laws and regulations are supportive of the LWRP, but fall short of the guidelines and objectives required to ensure LWRP implementation. IX-13 Alternative 2: Amend existing local laws and regulations The Village's existing zoning ordinance and other regulations are not adequate to implement the LWRP. Amendments to the zoning ordinance and other local laws and the creation of new local laws are necessary to fully implement the LWRP. Alternative 3: Pursue no projects The Village could rely totally upon local laws and regulations in implementation of its LWRP. However, certain judiciously selected projects may enhance the speed with which local objectives for waterfront revitalization, economic development, and public access can be achieved. Alternative 4: Pursue 11 projects as proposed The eleven projects previously cited have public support. Initial planning or conceptual design work for some of the projects has indicated their feasibility. As a collective body, the relevent proposed projects have municipal acceptance and high visibility to recommend them. Alternative 5: LWRP consistency law In adopting a LWRP consistency law, the Village would be setting a procedure for review of all actions in the coastal area to assure consistency with the LWRP. Without it there would be no set procedure to ensure consistency with the LWRP. Alternative Selection: 2, 4, 5 The Village elects to adopt alternatives 2, 4 and 5 as the most appropriate means of assuring effective implementation of its LWRP. IX-14