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HomeMy WebLinkAboutHarbor Management Plan Draft Oct 95! ! ! ! ! ! I ! I ! I ! I I I I I I I Town of Southold PREPARED BY: Allee King Rosen & Fleming, Inc. and Nell Ross Consultants with The Saratoga Associates October 1995 DRRFT ! I I I I I I I I I I I I I I I I I SOUTI~OLD HARBOK HA_NAGI~N~Tf pTAN TABLE OF CO~'r,'~TS SECTION I: BACKGROUND TO T~:. HARBOR ao PURPOSE AND NEED Introduction Regulatory Framework: State Enabling Legislation and Guidelines for Harbor Management Preparation SOUTHOLD HARBOR MANAGEMENT PLAN OBJECTIVES Town Objectives Regional Objectives C. STUDY AREA DEFINITION AND MAPPING SECTION II: DATA .~V~e[TORYAND AI~LYSIS A. INTRODUCTION Organization Data Collection Mapping TOWNWIDE DISCUSSION Jurisdiction of Harbor Management Waters and Underwater Lands Recreational Boating Mooring Inventory Mooring Fees Boat Ramps and Small Boat Launches Federal Anchorage Navigation Channels Introduction Channels and Navigational Aids Channels and Dredging Public Access to the Waterfront: Beaches and Marine Recreational Fishing Natural Resources Designated Significant Coastal Fish and Wildlife Habitats Critical Environmental Areas Marine M~mmals Special Avian Habitat Water Quality Introduction State Water Quality Classifications Boating, Marinas, and Water Quality Boating Discharges Fueling Discharge Other Discharges to Town Marine Waters Page Number I-1 I-1 I-1 I-1 I-1 I-2 I-3 I-4 II-1 II-1 II-1 II-1 II-1 II-2 II-2 II-4 II-11 II-14 II-15 II-18 II-19 II-19 II-19 II-20 II-21 II-23 II-23 II-24 II-24 II-25 II-25 II-25 II-26 II-27 II-29 II-31 II-31 I I I I I I I I I I I I I I I I I I I -~Ou'£110~D WARROR ~G~T TABLE OF COh'£~ITS (Continued) Commercial Fishing Activities Overview Deepwater Commercial Fishing Centers Creek and Bay Fishing Aquaculture/Mariculture Land Use, Zoning, and Permitting Marine Zoning Commercial Fishing Centers Site Plan Review Permitting Traffic, Transportation, and Parking Parking and Marinas Ferries Solid Waste and Recycling Harbor Management Operations and Enforcement Economics Historic Resources REACH DISCUSSION Introduction Boating Activities by Reach Reach 1: Town Line to Duck Pond Point Harbor Management Waters and Underwater Lands Mattituck Inlet Reach 2: Duck Pond Point to Horton Point Harbor Management Waters and Underwater Lands Marine Activities Natural Features and Water Quality Reach 3: Horton Point to Rocky Point Harbor Management Waters and Underwater Lands Marine Activities Natural Features and Water Quality Reach 4: Rocky Point to Orient Point Harbor Management Waters and Underwater Lands Marine Activities Natural Resources Reach 5: Orient Point Introduction Harbor Management and Public Access and Public Access to Village of Greenport Waters and Underwater Lands Maritime Features and Activities Natural Features and Water Quality Reach 6: Village of Greenport to Founders Landing Introduction Harbor Management Waters and Underwater Lands Maritime Features and Activities Natural Features and Water Quality Reach 7: Founders Landing to Indian Neck Introduction Harbor Management Waters and Underwater Lands Maritime Features and'Activities Natural Features and Water Quality Page Nmnbe~ II-32 II-32 II-32 II-34 II-38 II-39 II-39 II-40 II-41 II-41 II-43 II-43 II-44 II-45 II-45 II-46 II-46 II-47 II-47 II-47 II-54 II-54 II-54 II-54 II-54 II-54 II-55 II-55 II-55 II-55 II-56 II-56 II-56 II-56 II-57 II-58 II-58 II-58 II-58 II-62 II-63 II-63 II-63 II-63 II-66 II-67 II-67 II-67 II-67 II-70 I I I I I I i I I I I I I I I I I I SOu-rltOLD HARBOR NANA(~O~T pTAN TABLE OF COI~'I']~TS (Continued) Reach 8: Indian Neck to Downs Creek Introduction Harbor Management Waters and Underwater Lands Maritime Activities and Public Access Natural Features and Water Quality Reach 9: Downs Creek to Town Line Introduction Harbor Management Waters and Underwater Lands Maritime Activities and Public Access Natural Features and Water Quality Reach 10: Fishers Island Introduction Harbor Management Waters and Underwater Lands Maritime Activities and Public Access Natural Features and Water Quality SECTION III: A. B. C. D. E. F. G. H. I. J. K. L. M. PaKe Number II-71 II-71 II-71 II-71 II-74 II-75 II-75 II-75 II-77 II-77 II-78 II-78 II-79 II-79 II-80 ISSUES, HECOW~NDATIONS, AND IMPLEMENTATION STRATEGIES III-1 BOATING ACTIVITIES, MOORINGS, AND MARINAS III-1 SHELLFISH AND FINFISH RESOURCES III-14 COMMERCIAL FISHING USES III-15 WATER QUALITY III-17 HARBOR TOURISM AND ECONOMICS III-18 COASTAL FISH AND WILDLIFE III-18 PUBLIC BOAT LAUNCHES AND WATERFRONT ACCESS III-19 SIGNAGE III-21 HISTORIC SUBAQUEOUS RESOURCES AND NAVIGATIONAL AIDS III-22 MARITIME SOLID WASTE AND RECYCLING III-22 WATER-DEPENDENT USES, ZONING, AND PERMITTING III-23 FERRIES AND WATER TRANSPORTATION III-25 HARBOR MANAGEMENT PLAN PROCEDURES FOR IMPLEMENTATION III-25 AND ENFORCEMENT N. FISHERS ISLAND III-34 I I I I I I I I I I I I I I I I I I SECTION IV: SOoTuOLD HARBOR WANAG~T PLAN TABLE OF CO~T~/~TS (Continued) ~ATTITUCK INLET A. INTRODUCTION DATA INVENTORY AND ANALYSIS Overall Description Waterfront Lands and Water-Dependent Uses Navigation and Dredging Shellfishing Waterfront Parks and Beaches Natural Resources Water Quality Classifications ISSUES AND ANALYSIS Overview of Issues Water-Dependent Uses Use of Underutilized/Previously Disturbed Waterfront Lands Navigation and Dredging Erosion, Inlet, and Beach Maintenance Water Quality, Shellfishing, and Aquaculture RECOMMENDATIONS AND IMPLEMENTATION Introduction Recommendations and Implementation BIBLIO~RA~8~ APP~gICES A. CHAPTER 32, "BOATS, DOCKS, AND WHARVES" B. MARINA SURVEY FORM C. FISHERS ISLAND HARBOR MANAGEMENT PlAN D. DESIGN INFORMATION ON ALTERNATIVE MOORING SYSTEMS E. LONG ISLAND SOUND COASTAL MANAGEMENT PROGRAM -- MATTITUCK INLET SPECIAL MANAGEMENT AREA Page Famber IV-1 IV- 1 IV-1 IV- 1 IV-2 IV-5 IV-6 IV-6 IV-7 IV-7 IV-7 IV-7 IV-8 IV- 8 IV-9 IV-lO IV-10 IV-10 IV-lO IV-Il B-1 I I I I ! I I I I I I I I ! I I I I I Fi§ure I-1 Figure IV-1 SOuT~OLD WARBORHA~A~ LIST OF FIGURES Southold Reaches Mattituck Inlet Page I-4 IV- i I I I ! I I I I I I I I I I I I i I SECTION I: BACKGROUND TO THE HARBOR MANAGF/~NT PLAN A. PURPOSE AND NEED Introduction Recreational boating has been on the increase since the 1950's, the waters around the Town of Southold being no exception. This is the result of a number of factors that made boats affordable to a larger segment of the population, including more leisure time, general growth in prosperity, and dredging in the early 1960's, which opened the creeks (except Downs Creek) to navigation. While, for the most part, the Town's marine waters remain sovereign, competi- tion for use of these waters and adjacent upland has arisen. This includes competition between recreational boating and other recreational activities, re- creational boating and maritime commercial activities, and general maritime ac- tivities and natural environmental features, such as water quality, wetlands, and fish and wildlife habitats. These conflicts, in absence of a clear direc- tion to resolve or manage them, can result in diminished recreational opportun- ities, potential impacts on commercial maritime operations, and the degradation of natural and cultural resources. The Town of Southold has prepared this Draft Harbor Management Plan to preclude these negative impacts. Ultimately, this plan will be an important element in the Town's Local Waterfront Revitalization Program (LWRP), other components of which are now under review by the Department of State's (DOS) Di- vision of Coastal Resources. This study has been funded through a grant of $50,000 to the Town from the State's Environmental Protection Fund. Reg~lator~ Framework: State Enabling Legislation and Guidelines for Harbor Mn~Agement Preparation In 1992, Chapter 791 of the Laws of the State of New York was enacted. Known as the Harbor Management Act, it amended the Waterfront Revitalization and Coastal Resources Act (Article 42 of the Executive Law), providing local governments with the authority to comprehensively manage activities in their harbors and nearshore areas and to implement those plans through local ordin- ances in much the same way upland areas are managed under comprehensive master plans and land use ordinances. Procedures for preparing such plans are out- lined in Title 19 of the New York State Codified Rules and Regulations (Part 601), and guidelines have been prepared by DOS. To meet the Title 19 objec- tives and DOS guidelines, the Town of Southold and DOS identified the need for the Town's Harbor Management Plan to contain an assessment of the Town's mari- time development and a detailed management plan for Mattituck Inlet. I-1 I i I I I I ! I ! I I I I I I I I I ! B. SOUTHOLD HARBOK MANAGEMENT PLAN OBJECTIVES As stated in the DOS Harbor Management Guidelines, it is the fundamental purpose of a harbor management plan to address "problems of conflict, conges- tion, and competition for space in the use of harbors, surface waters, and underwater lands, and to protect the coastal environment and enhance recre- ational opportunities." Objectives for the use of the Southold marine waters and adjacent water- front are of both local and regional importance. Provided below is a listing of those objectives for the Southold Harbor Management Plan. Town Objectives 0 0 Encouraging recreational and commercial boating opportunities, which are important components to the Town's quality of life, recreational amenities, and economy; Promoting the safe use of coastal waters with respect to boating activities and the use of open waters, protection of channels; To relieve areas of conflict and congestion, comprehensively planning for and managing those facilities that are directly within the con- trol of the Town, such as mooring locations, siting of docks and piers, boat ramps and launches, public access, boat yards, and upland waterfront areas; To address competition for the use of limited waterfront lands, by supporting water-dependent marine business, focusing boating facili- ties in these locations, and reusing already disturbed and developed waterfront lands; Ensuring that upland infrastructure is adequate to handle waterfront activities, and that the use of the waterfront does not significantly conflict with other adjacent and uses; Identifying conflicts between maritime activities and the natural coastal environment, including water quality, shellfish beds, signif- icant coastal fish and wildlife habitats, wetlands, critical environ- mental areas, and habitats of rare and endangered species; Reducing existing pollutant loads to marine waters -- including rec- reational and commercial boating -- and minimizing impacts from fu- ture fources, as a way to allow expanded boating activities without the impacts to coastal water quality, wetlands, and habitats; Maintaining navigation channels -- including coordinating with the government agencies that have jurisdiction over maintenance dredging (Army Corps and the Suffolk County Department of Public Works) -- to ensure channels are adequately maintained and accessible to allow safe passage without conflicting with the natural environment and the proper disposal of dredged material; i ! I I I I ! I I I i I I I i ! I i I Encouraging and protecting waterfront space and facilities for com- mercial fishing operations -- both the deep water commercial opera- tions and the sole proprietor bayman -- which provide local employ- merit, a way of life, and a local export resource; Planning for growth in recreational boating while minimizing impacts to other uses, the marine environment, and cultural resources, and providing a rational basis for the allocation of water sp~ce to cer- tain activities and for the management of the Town's waters; Maintaining consistency and framing a context for local decision- making regarding the use of Town waters and adjacent upland; and Addressing regional maritime issues. Regional Objectives In March 1994, the state released its Long Island Mound Coastal Management Program. That document presents a number of regional maritime planning goals that set the context for this plan, as follows: Protecting and encouraging water-dependent commercial, industrial, and recreational uses in Long Island Sound's 12 Maritime Centers -- one of which is Mattituck Inlet -- and avoiding actions that would interfere with existing water dependent uses; O Focusing efforts within maritime centers to set priorities for public and private investments for water and sewer lines, dredging, anchor- ages, docks and piers, bulkheads and boat ramps, sidewalks and park- ing lots, rest rooms, pump out stations, waterfront parks, and inves- tigating options to obtain capital funds for infrastructure; Providing economic development through water-oriented activities and direction of public investment and actions to ensure adequate infra- structure for water-dependent uses; 0 0 0 Protecting and restoring the environment -- particularly unique natu- ral resources and the mitigation of previous environmental damage; Adaptively reusing developed waterfront sites and protecting natural shoreline edges; Maintaining historic waterfront communities as magnets for economic activity (within Southold the state has identified Mattituck Inlet and West Harbor on Fishers Island as historic waterfront communi- ties); Developing management plans for designated significant Coastal Fish and Wildlife habitats; I-3 I I I I I I I i I I I I ! I I I i I ! o o o o o Attaining water quality standards and use classifications; protecting the quality of the state's waters from nutrient loading, toxic dis- charges, and pathogens~ and controlling vessel discharges particular- ly into shellfish waters; Recognizing the importance of the ferries as means of passenger ve- hicular and goods shipment across Long Island and Fishers Island Sounds to New England, and its role to regional mobility and economy; Assisting the commercial fishing industry in providing adequate com- mercial fishing infrastructure -- including dock space and off load- ing areas, water and power connections, transportation access, and a regional fish processing market; Constructing artificial reefs to increase fish populations and opportunities; Amending the state tax law to allow use value tax assessments for water-dependent commercial and industrial uses; Shortening the regulatory process for water dependent uses, particu- larly in Maritime Centers; and Developing markets for commercial fishery products, and promoting and encouraging private implementation of aquaculture. C. STUDY AREA DEFINITION AND HAPPING The Harbor Management Plan study area, as defined by the state-enabling legislation, is the marine waters of the Town. Therefore, though the focus of this report is on the creeks and near shore waters, the regulated area actually extends out to the Connecticut boundary in Long Island Sound/Fishers Island Sound and, on the bayside, to the municipal boundaries of the Towns of River- head, Southampton, and East Hampton. The waters of Stifling Harbor fall within the Village of Greenport and are outside the Town's management area, although the waterfront on the east side of the Harbor lies in the Town management area. The upland waterfront is also part of the study area; the shoreline within the Town totals about 163 linear miles, and includes five islands: Fishers, Plum, Robins, Great Gull, and Little Gull. Consistent with the format used in the LWRP, now in draft form, this plan separates the Town into ten reaches (see Figure I-l). Reaches 1 through 4 are along Long Island Sound, from the Town boundary with Riverhead on the west to Orient Point on the east. Reaches 5 through 9 include the south coast of the Town, between Orient Point and Riverhead, and include the bays and creeks, specifically: Reach 1 stretches east from the Town of Riverhead boundary to Duck Pond Point, Cutchogue; o Reach 2 extends east from Duck Pond Point to Horton Point, Southold; I-4 10'95 SCALE LONG ISLAND SOUND [] ~ PLUM ISLAND ORIENT -~ HARBOR MAI'rlTUCK [] Reach Number NOYACK PECONIC · NORTH SEA SAG HARBOR 0 2 MILES SCALE Figure I- 1 Southold Reaches I I i I I I I I I I I I I I I I I I I o Reach 3 extends east from Horton Point to Rocky Point, East Marion; o Reach 4 stretches east from Rocky Point to Orient Point at the end of the North Fork; o Reach 5 extends west from Orient Point to the eastern boundary of the Incorporated Village of Greenport; o Reach 6 extends west from the western boundary of the Incorporated Village of Greenport to Founders Landing, Southold; o Reach 7 stretches west from Founders Landing to Indian Neck, Peconic; o Reach 8 extends west from Indian Neck to Downs Creek, Cutchogue or New Suffolk; o Reach 9 extends west from Downs Creek to the boundary with the Town of Riverhead; and o Reach 10 incorporates all of Fishers Island. There are eight hamlets that compose the Town: Laurel, Mattituck, Cutchogue-New Suffolk, Peconic, Southold, East Marion, and Orient. The more heavily developed-populated places are Southoid, Mattituck, and Cutchogue. I-5 I I I I I I I I I I I I I I I I I I I SECTION II: DATA INVENTORY AND ANALYSIS A. INTRODUCTION Organization This data inventory and analysis section provides a full discussion of the existing activities and features within the Town's waters and along the shore- line. It includes identifying the Town waters as defined by the harbor manage- ment regulations with respect to the planning area boundaries and jurisdiction (the Andros Patemt underwater lands, state-owned lands, county-owned lands, and privately-owned underwater lands); recreational boating concentrations; and supporting infrastructure and activities. The inventory is organized as follows: o Data inventory: Townwide discussion (Section B); and o Data inventory: Reach discussion (Section C). The Townwide discussion provides the overview of harbor management activi- ties and the reach data provide a more detailed discussion of the specific activities related to the 10 reaches within the Town. Data Collection For this project, a variety of available references were used with empiri- cal data gathered on marinas and recreational boating. A full listing of the references used in preparing this document is provided in the bibliography. In addition, data were collected from field surveys and interviews with local officials; town, county, state, and federal staff; and marina operators. The operator interviews focused on marina activities, marina design, environ- mental issues, parking requirements, and permitting procedures. Napping To provide a geographic perspective of marine activities and the natural and cultural resources within and along Town waters, a series of maps are being prepared that show marina locations, navigation channels, prime shellfish beds, areas closed to shellfish harvesting, principal finfishing areas, Town-issued creek moorings, bay moorings, boat ramps, marine zones I and II, Andros Patent lands, anchorages, beaches and waterfront parks, natural areas, locations of aquaculture, and ferry routes. II-1 I I I I I I I I I I I I I I I I I ! I B. TO~/IDE DISCUSSION Jurisdiction of Harbor Hanagement ~aters and Unde~ater Lands This harbor management plan is being prepared in accordance with Chapter 791 of the 1992 Laws of the State of New York, which empowers municipalities to comprehensively manage and be responsible for activities within Town waters. Procedures for preparing such plans are outlined in Title 19 of the New York State Codified Rules and Regulations, "Guidelines for the Preparation of Harbor Management Plans." Currently, the Town has the primary jurisdiction for underwater lands and in-water activities within the Town creeks. This was granted by the Governor of the English Province of New York, Governor Edmond Andros, in 1676, through the Andros Patent. A subsequent act, in 1893, empowered the Town's elected Trustees with the authority to "manage, lease, convey, or otherwise dispose of all or any part of such common lands, waters, and lands underwater, to the public right of adjoining upland owners." The creeks to which the Andros Pat- ent applies and for which the Town Trustees are empowered under the 1893 act are shown on Table II-1. The total area of this jurisdiction is about 2,000 acres. There are also along the town shores a number of inland man-made waterbod- les that did not exist at the time of the Patent issuance and therefore are not covered by the Patent (e.g., Brick Cove, Schoolhouse Creek). Within the bays, underwater lands are owned by the State of New York, Suffolk County, and individuals who have received riparian conveyances from the state. As shown in Table II-2 below, the state owns the majority of underwater lands within the bays; this includes all the underwater lands along the i~edi- ate shoreline, to a distance of 1,000 feet. The majority of the Suffolk County and privately held underwater lands are in Little Peconic Bay and Shelter Island Sound. Within Long Island Sound, jurisdiction is assumed by the State of New York. Under Chapter 791, approval of this plan by the municipality will allow it to "regulate all structures in, on or above surface waters and all uses of surface waters and underwater lands within the town limits~" This will there- fore expand the Town's jurisdiction over regulation of surface waters and state-held underwater lands, as follows: o On Long Island Sound to the boundary with the State of Connecticut; On the bay side to the municipal boundary with the Towns of River- head, Southampton, East Hampton, and Village of Greenport (waters within Stirling Harbor fall within the jurisdiction of the Village); and o Around Fishers Island to the boundary with Connecticut. II-2 I I I I I I I I I I I i I I I I I I I Table II-1 ~DROS PATENT Reach Creeks 1 Mattituck Creek 2 None 3 None 4 None 5 Long Beach Bay/Hallocks Bay Narrow River 6 Hashamomuck Pond 7 Town Creek Jockey Creek Goose Creek Cedar Beach Creek Corey Creek Richmond Creek Wunneweta Pond 8 Little Creek Little Hog Neck Broadwater Cove Mud Creek East Creek Wickham Creek West Creek 9 Downs Creek Deep Hole Creek James Creek Brushes Creek Halls Creek Hortons Creek 10 None Town of Southold Draft Local Waterfront Revitaliza- tion Program, Section 2.0, "Inventory and Analysis," September 1994. Table II-2 JURISDICTION OF UNDE~W~f~ ?~NDS IN THE BAYS State of New York County of Suffolk Private Total Estimated Bay Underwater Lands Total Acres 24,797 10,377 2,684 37,858 Som:ce: County of Suffolk Tax Records and Tax Map, 1994. II-3 I I I I I I I I I I I I I I I I I I I Rec~eational Boat/nE Townwide Marina Inventory A key element in this project was to develop a full inventory of marinas and recreational boating activity within the Town of Southold. Table 11-3 lists all of the marinas within the Town, including public marinas (defined as a fee-pay marina with publicly rented slips' and ramps, or park district marinas), and private marinas (such as yacht clubs, associations, and dockominiums). To develop a database on marina activity, a survey was undertaken of the public recreational marinas in the Town. As part of this effort, a survey form was distributed at a Town meeting on February 2, 1995, held at Southold Town Hall. This survey was a detailed questionnaire designed to obtain a variety of information from the marina operators. A copy of the marina form is provided in the appendix to this document. After distribution of the form, an interview session was held on February 9, 1995, to interview a number of marina operators. In addition to the survey forms, field surveys were conducted on January 10 and 11, 1995; follow-up telephone interviews of marinas were conducted in late February and early March 1995; and data were collected on dry rack storage and capacity in the latter part of March and early April, 1995. Data were also collected through aerial photographs and site plans on file at the Town Plan- ning Department. Table II-3 was created from this effort, which shows the num- ber of slips, types of storage, availability of pumpout systems, amenities, fueling and repair services, transient slips, ramps, and other uses. For the private marinas, data were gathered based on field investigations and aerial photographs. For the 18 private marinas, data collection focused on the slip count, since these marinas do not provide the range of support facilities that are found at the public marinas. A review of Table II-3 shows: There are 29 fee-pay public marinas that range in size from 30 to 180 slips, providing a total of about 2,115 in-water slips for an average size of 73 slips; Marinas are concentratsd at Mattituck Inlet (Reach 1), Stifling Basin (Reach 5), and Shelter Island Sound at the Mill Creek Inlet (Reach 6); Of the 2,368 slips in the Town, 90 percent (2,115) are within the public marinas and about 10 percent (253) are in the private marinas; Dry rack storage, used at four facilities in the Town, holds about 290 boats (about 12 percent of the total boats in marinas) and is used for winter storage, as well as in/out (wet/dry) use in the summer; Many of the marinas provide some type of winter storage -- upland in the open, within sheds, or dry rack (both open and within sheds), in- water storage using bubble systems, or ice breakers; II-4 I I I I I I I I I I ! I I I I I I I I Table II-3 (Continued) II-7 I I I I I I I I I I I I I I I I I I I Pumpout facilities are available through most of the Town (except Reaches 2-4, which are along the Sound, where there are no marinas; and Reach 10, which includes all of Fishers Island); survey of o Fueling and repair services (about 75 percent of the public marinas provide some level of repair service) are also available in all Reaches except 2-4; Some marinas have designated transient slips, but most do not. Most marinas make unoccupied or unrented slips available to transient craft on an as available basis; and There are 18 private marinas that, on average, are smaller than the public marinas and do not provide services, such as repair, fueling, and pumpout. Private marinas are smaller ranging in size, running from 5-50 slips, and providing a total of about 250 slips, or an average of about 14 slips per marina (these estimates are based on field surveys and aerial photos). In addition to the data shown in the table, other questions asked in the public marinas yielded the following: All the marinas indicated as having adequate on-site parking; this is supported by Town data from a parking survey undertaken in June, July, and August of 1989; Survey respondents (a total of 14) employed a total 124 persons (ex- cluding management in some cases), or an average of about 9 persons per marina (peak season), with a range between 32 and 4 on-site employees; A number of marinas are seeking to upgrade their facilities and to provide additional amenities (e.g., swimming pools, cabanas, recre- ational amenities); o Fueling tanks have been upgraded to meet new county regulations; Obstacles to growth and expansion include overlapping regulatory jur- isdictions (permitting at the local, state, and federal level) and limited flexibility in the permits (i.e., permits are too specific and do not allow for changes or expansions of a minor nature); and Previous investigations (New York Sea Grant Service) conclude that of the 63,505 boats registered in Suffolk County, about 85 percent of them are shorter than 25 feet. A spot check with the marinas found the Southold fleet to be consistent with these findings. The Southold fleet compares with the national average as follows: Nationally, the average marina has 113 slips, 93 percent of which are privately operated/publicly used, with 80 percent providing boat repairs, and, on average, employing about 17 persons during the peak boating season; o About 3 percent of the boats kept in marinas nationwide are in dry II-10 I I I I I I I I I I I I I I I I I I I rack storage, whereas 12 percent e the Town's boats in marinas ars in dry rack, which is more popular here than in the region, except for New Hampshire and Florida, which lead the nation; Southeld compares favorably with the national average in that the marinas offer a range of full-service facilities typical of the Northeast, such as private yacht clubs, family-operated marinas, boatyards, boat sales stores with dockage, and marina chains; and Several marinas in Town could easily be ranked -- for operational quality and range of services -- in the top 5 percent in the nation. A detailed discussed of each marina is provided in section C, "Reach Analysis." Moorinz Inventory Creek Moorinzs Creek moorings are issued permits by the Town, as empowered by law of 1893. On the mainland, these permits are issued by the office of the Town Trustees, where registration and application lists are kept. On Fishers Is- land, mooring permits are issued and organized by the local Civic Association, as empowered by Town ordinance. These moorings are listed in Table II-4 for the year 1994. As shown in the table: In 1994, permits were issued for 341 moorings within the Town, 244 on the mainland, and 90 at Fishers Island; and Areas of particular concentration are Mattituck Inlet (Reach 1), Gull Pond (Reach 5), Town and Jockey Creeks (Reach 7), Goose Creek (Reach 7), Corey Creek (Reach 7), East Creek (Reach 8), James Creek (Reach 9), and West Harbor (Reach 10) on Fishers Island. Table II-5 provides information on the length of the boats moored within the Town waters. The majority of moored craft is in the 15 to 19-foot range, with about 84 percent of the boats 24 feet long or less. The Town Trustees, in conjunction with the Bay Constable, determine the appropriate locations for the creek moorings on a case-by-case basis. This is done by factoring in the protection of navigational channels, boat sizes, types of craft, as well as the protection of natural resources and shellfishing beds. As a result, it has been determined that certain creeks, or certain locations within creeks, have reached their mooring capacity. Persons seeking a mooring in these creeks can be put on a waiting list, and can obtain permits when they become available. These creeks are as shown in Table II-6 below. It is also believed that Town and Jockey Creeks are becoming crowded. There are certain techniques that can be employed to increase the mooring capacity of creeks, if this is desired (see discussion below). Other factors that must be taken into'consideration are shellfish bed protection and water quality protection and availability of access. This is discussed below under mooring systems. II-11 I I I I I I I I I I I I I I I I I I I Table II-4 TOWN-ISSUED CREEK MOORINGS PERMITS: 1994 Number of Approx~m-te Acres Reach ~aterbody MoorinKs Size of Creek Per Mooring 1 Mattituck Inlet 27 165 ac. 6.0 2 -- None .... 3 -- None .... 4 -- None .... 5 Narrow River 15 35.0 2.3 Gull Pond 29 15.8 0.5 6 Hashamomuck Pond 7 167,0 23.8 7 Town Creek 19 76.3* 2.7* Jockey Creek 9 .... Goose Creek 31 79.9 2.5 Corey Creek 17 98.0 5.8 Richmond Creek 12 79.4 6.6 Cedar Beach Point 4 29.0 7.3 8 Little Creek 9 17.0 21.8 Broadwater Cove 7 27.5 3.9 Wickham Creek 2 44.0 11.0 Mud Creek 10 28.5 2.75 East Creek 21 41.0 1.9 9 Deep Hole Creek 5 42.8 8.6 James Creek 20 20.8 1.0 10 West Harbor 90 165.0 1.8 TOTA~ 341 Southold Department of Community Development, January 1995; Fishers Island Civic Association; Town of Southold Draft Local Waterfront Revitalization Program, Section 2.0, "Inventory and Analysis," September 1994. * Town and Jockey Creeks are counted as one. II-12 I I I I I I I I I I I I I I I I I I I Table II-5 !~NGTH (IN FEET) OF CRK~ MOORING BOATS Reach Waterbod¥ 5-9 10-14 15-19 20-24 25-29 30-35 Total* 1 Mattituck Creek 2 2 10 5 1 1 21 2 Narrow River 0 4 10 1 0 0 15 Gull Pond 2 5 5 9 5 1 27 3 Hashamomuck Pond 0 4 4 0 0 0 8 7 Town Creek 0 0 2 2 3 9 16 Jockey Creek 1 0 2 0 3 2 8 Goose Creek 0 9 18 2 1 0 30 Richmond Creek 0 5 8 4 1 0 18 Corey Creek 3 4 4 3 2 0 16 Cedar Beach 0 1 2 1 0 0 4 8 Little Creek 0 0 5 1 0 0 6 Broadwater Cove 0 0 3 1 0 0 4 Wickham Greek 0 0 1 0 0 0 1 Mud Creek 0 0 4 1 0 1 6 East Creek 1 2 5 5 2 2 17 Haywaters Cove 0 0 1 1 0 0 2 9 Deep Hole Creek 0 0 4 0 0 0 4 James Creek 1 4 6 5 2 2 20 Brushes Creek __0 1 __0 1 __0 __0 Totals 10 40 94 41 20 18 Percent of Total 4.5% 17.9% 42.4% 18.4% 9.0% 8.0% 100.0% * These total moorings are through June of 1995 and therefore may not be complete for the boating season. The table does provide, however, a representative breakdown of the sizes of the moored craft. Southold Department of Community Development, July 1995. Table II-6 ~m~l~ AT NOOP~-NG C~APACAT¥ Reach Creek waiting List 1 Mattituck Creek at Federal Anchorage 5 5 ' Narrow River 10 5 Gull Pond 12 7 Richmond Creek - South Harbor Road Stake Area 0 7 Goose Creek - Gagens Landing Stake Area 1 9 James Creek (room for boats under 16 feet) 0 Source: Office of the Town Trustees, July 1995. II-13 I I I I I I I I I I I I I I I I I I I Mooring Systems Moorings allow the in-water storage of boats without the kinds of man-made shoreline improvements (e.g., bulkheads, dredging, docks, pulleys) that are necessary for slips and dockage. The most traditional type of permanent mooring system is the mushroom anchor. This traditional system is composed of: the mushroom anchor; a heavy chain that equals in length 1.5 times the maximum depth of water; a light chain, connected to the heavy chain by a swivel shackle, that equals in length the maximum depth of water; a buoy connected to the light chain; and a pennant of nylon or stainless steel that connects to a float. The float is a marked (with the permit number) mooring. Mushroom anchors work well in soft bottoms, where the mushroom can sink into the sediment, allowing it to better hold its position when lateral stress is put on the chain. This reduces the potential for dragging. Boats swing in scope around the mooring. The swing is affected by tides, currents, and winds, as well as the type of boat and its shape, both above and below the waterline. Swings are particularly different for sail and power craft. Minimum safe spacing distances between moorings are considered to be 1.25 times the total scope of the chains, plus the boat length. These systems, though proven dependable, can cover considerable water area. For example, with a 20-foot craft and a maximum water depth of 6 feet, the recommended swing circle can have a scope radius of 65 feet, or a diameter of 120 feet, occupying about ~ acre of water area. There are alternatives to the traditional mooring system that reduce the amount of necessary water area and therefore increase the number of boats that can occupy the mooring area. These alternatives are: Fore and aft moorings, that eliminate the swing circle (this has been implemented by the Trustees); Helix moorings that have better bottom holding power, allowing a shorter scope (see Appendix for information); and Linear mooring systems are more innovative and allow boats to tie up laterally to a fixed common mooring line (see Appendix for information). Moorinz Fees The Town's fee structure for creek mooring permits is set forth in Table II-7. No boats longer than 35 feet are permitted to moor. In addition, the Town Trustees have reserved the right to charge fees for moorings in state waters (i.e., outside of the Patent lands) "whenever a comprehensive mooring program for State waters is initiated." At this time, no such comprehensive mooring program has been initiated. II-14 I I I I I I I I I I I I I I I I I I I Tab[e II-7 TO~N MOOP~-NG PE~/4IT FEES Boat Length Less than or equal to 20 feet Greater than 20 feet up to and inclusive of 25 feet Greater than 25 feet up to and inclusive of 30 feet 31 through 35 feet as follows: Fee per Year $2.00 per foot $4.00 per foot $5.00 per foot 31 feet 32 feet 33 feet 34 feet 35 feet Mooring application $6.00 per foot $7.00 per foot $8.00 per foot $9.00 per foot $10.00 per foot $25.00 In addition, mooring stakes in Town waters are also issued Trustee permits (a one-time fee of $75.00 applies). Currently, the Office of the Trustees is in the process of organizing a stake mooring program. As yet, no data are available for all the stake moorings in the Town. Bay Moorinzs While the use of moorings has occurred in very limited locations, and sporadically, on the Sound (Reaches 1-4) and within the bays (Reaches 5-9), the number of moorings is estimated to be about 264 (see Table II-8). Although this is an estimate, it is more than the number of creek moorings issued in 1994 (excluding Fishers Island). Permits and fees are not required for bay moorings. Boat Ramps and Small Boat Launches In addition to the ramps provided at marinas, the Town has also installed and maintains ramps. The New York State Department of Environmental Conserva- tion (DEC) also operates two ramps within the Town. Table II-9 lists the ramps within the Town -- both those at marinas and those operated by the Town -- as well as the small boat launches. Trailer ramps provide an important amenity for local boaters, offering an opportunity for the small craft owner or the occasional boat user to enjoy the water. They are also important to those who cannot afford and provide for baymen access to the water. Ramp fees vary. At marinas, the cost is about $6 per launch or retrieval. For use of Town ramps, the yearly fees are $12 for residents and $100 for non- residents. This fee is for a parking sticker that allows unlimited access to all Town ramps and beaches. There are also two ramps operated by DEC, one at Gull Pond (Klipp Park) and the other at Truman Beach. These ramps are available for free use by all residents of the state. II-15 I I I I I I I I I I I I I I I I I I I Reach 1-4 5 6 9 10 Table II-8 ESTimATED NUMBERS OF BAY NOORINGS Number of Waterbod¥ Hoorin~s Long Island Sound -- Gardiners Bay/Orient Harbor 50 Gardiners Bay/Stirling Harbor 30 Pipes Cove 10 Conkling Point 15 Budd's Pond to Town Creek 10 Shelter Island Sound 10 (Town Greek/Goose Creek) Shelter Island Sound 5 (Goose Creek/Paradise Point) Little Peconic Bay (Cedar Beach/Corey Creek) Little Peconic Bay off Little Neck 20 Little Peconic Bay along Nassau Point 10 Cutchogue Harbor 50 Little Peconic Bay off New Suffolk 10 Great Peconic Bay off Deep Hole Creek 20 Great Peconic Bay off 3ames Creek 10 Great Peconic Bay - 10 Brushes Greek to Town Line Fishers Island Sound TOTAL 264 Southold Community Development Agency, Southold Bay Constable; April 1995. II-16 I I I I I I I I I I I I I I I I I I I Table II-9 HARD SURFACE PUBLIC BOAT ILiHFS AND SWaLT, BOAT PUBLIC LAUNCHES Reach ~aterbody Reach 1 Petersons Marina Mattituck Fishing Station Mattituck Park District Town Ramp Mattituck Inlet Mattituck Inlet Mattituck Inlet Mattituck Inlet Reach 2 Town Small Boat Launch (Goldsmiths Inlet) Long Island Sound Reach 3 Town Small Boat Launch (Hashamomuck or Town Beach) Long Island Sound Reach 4 DEC Ramp (Trumans Beach) Long Island Sound Reach 5 Orient-by-the-Sea Marina Town Ramp (Narrow River Road) Town Ramp (Sandy Beach Road) DEC Ramp (Klipp Park) Gardiners Bay Narrow River Stirling Harbor Gull Pond Reach 6 Town Town Ramp (Bayview Avenue) Small Boat Launch (Founders Landing) Hashamomuck Pond Town Creek/Shelter Island Sound Reach 7 Town Town Town Town Town Ramp (Gagens Landing Road) Small Boat Launch (Minnehaha Boulevard) Ramp (Cedar Beach Road) Ramp (Parkers Landing) Ramp (Pine Neck Road) Goose Creek Corey Creek Hog Neck Bay Richmond Creek Town Creek Reach 8 Broadwater Cove Marina Town Small Boat Launch (Mason Drive) New Suffolk Ship Yard Marina Capt. Marty's Fishing Station Launch Town Ramp (Jackson Street) Town Small Boat Launch (Grathwohl Road) Town Small Boat Launch (Little Neck Road) Town Small Boat Launch (Wilsons Landing) Cutchogue Harbor Marina Broadwater Cove Haywaters Cove Schoolhouse Creek Cutchogue Harbor Cutchogue Harbor West Creek East Creek East Creek Wickham Creek II-17 I I I I I I I I I I I I I I I I I i I Reach 9 Strongs Marina Reach 10 Town Ramp Source: Table II-9 (Continued) BOAT RAHPSAND ~W. AT~. BOAT LAUNCHES Reach ~aterbody James Creek West Harbor "Public" is defined as available to the general public for a fee. Concrete and asphalt ramps provide opportunity for launch by trailer. Small boat launch sites provide access to the water for small boats that can be carried to the water. To~m of Southold Department of Community Development, January 1995. The Mattituck Park District operates a ramp at the head of Mattituck In- let, which is available only to the residents of the Park District. In total, there are 20 public ramps in the Town, 19 on the mainland, and one on Fishers Island. Of the 19, 6 are operated by marinas, 10 are operated by the Town, 1 by a park district, and 2 by DEC. Small boat launches are publicly accessible corridors to the water where a small boat could be hand-carried to the water. There is no fee charged. There are eight small boat launches in the Town. The launch at Capt. Marty's Fishing Station in New Suffolk is considered to be a small boat launch because it is at the end of a Town paper street. Federal Anchorame There is one federal anchorage in the Town, located at the head of Matti- tuck Inlet. Estimates are that this anchorage, which covers an area of about 6 acres, is used by about 30-75 transient craft in the summer. It is an impor- tant harbor of refuge and is the only anchorage between Mt. Sinai Harbor and Plum Gut, a distance of about 40 miles. By agreement between the Town and Army Corps, all persons (not just Town residents) are to have access to the waters at the head of Mattituck Creek. Navigation Gharmels Introduction Boating activity is an important element of Southold's quality of life, economy, and recreational activities. The majority of the Town's fleet is II-18 I I I I I I I I I I I I I I ! I I I I recreational craft composed of smaller pleasure boats (less than 25 feet), and fishing vessels and other water craft. Mattituck Inlet is the principal center for commercial vessels. Vehicle-passenger ferries also operate in the Town waters around Greenport Harbor, Orient Point, and Silver Eel Pond. Long Island Sound's boat traffic includes larger craft to ports along the north shore of Long Island and the south shore of Connecticut, as well as some submarine and military vessels off Fishers Island en route to the naval submarine base at New London, Connecticut. This section provides a brief overview of how the Town's waters.are used in navigation, the importance of these channels for boating, and the issues of maintenance dredging. Channels and Navigational Aids The federal government maintains four areas in the Town of Southold for navigational purposes -- Mattituck Inlet, West Harbor on Fishers Island, Stirling Basin (located within the Incorporata Village of Greenport), and the Plum Island Ferry channel. Mattituck Inlet, Orient Point, and Stirling Basin are the responsibility of the New York District of the Army Corps of Engineers (ACOE); West Harbor on Fishers Island is under the jurisdiction of the New England District. The Mattituck Inlet channel project was originally auth- orized in 1964 to provide access for commercial fishing and deep-draft recre- ational vessels, but now is used primarily for and is available to craft from both within and outside of the Town. The U.S. Coast Guard is responsible for: marking navigational channels at Mattituck Inlet and Stifling Harbor; delineating channels and navigation haz- ards found in Long Island Sound; marking bay channels in the vicinity of Robins Island, Cutchogue Harbor, and Greenport Harbor; marking channels between Shel- ter Island and Southold mainland; and identifying the channel boundaries in Plum Gut. The navigational aids used to mark these channels are horns, bells, or flashing lights. In Long Island Sound, where there is considerable commer- cial activity, various buoys and other navigational aids mark the locations of rocks and shoals. The Town places approximately 60 navigational aids throughout the Town. These mark the channels and mouths of the creeks and inlets along the bay shores. Buoys also mark Hay and West Harbors on Fishers Island. In general, outside the creeks and shallow nearshore waterbodies the bays are open waters. There are fish traps, weirs, and shellfish racks to be avoided. There are navigation aids at certain locations to identify subtidal shallows at channel entrances. On the Sound, open water is generally farther offshore. Nearshore waters are characterized by submerged rocks that pose a danger to cruising craft. A more detailed discussion of navigational issues is provided in the reach analy- sis, below. There are a number of historic lighthouses at the Southold mainland and in the waters off Fishers Island. These include Horton Point Lighthouse (Reach 2, 103 feet high), Orient Point Lighthouse (Reach 4, 64 feet high), the Bug Light- house (90 feet high, located at the western end of Orient State Park in Reach 4), the Plum Island Lighthouse (Reach 4), a 14-foot light structure (located at the end of the Youngs Point breakwater, at the western boundary of Reach 5), Race Rock Lighthouse (Reach 10, 67 feet high, located southwest of Fishers II-19 I I I I I I I I I I I I I I I I I I I Island), North Dumpling Lighthouse (Reach 10, 94 feet high, located northwest of Fishers Island on North Dumpling Island), Little Gull Island Light Station (Reach 10, 90 feet high), and a 55-foot light structure located at the mouth of Silver Eel Cove, on Fishers Island). Channels and Dredzin~ Navigation channels within the Town are provided in Table II-10, as are the entities responsible for channel maintenance. Mattituck Inlet and anchor- age is the only federally maintained channel in the Town. Stirling Basin, although in the Village, also has a federally maintained channel that is used by craft that dock in the Town (Brewers and Stirling Harbor Marinas). Table II-10 NAVIGATION 6~{ANNELS Reach 1 1 5 5 5 5 6 7 7 7 7 8 8 8 8 8 8 8 9 9 9 10 10 ~aterbod¥ ~aintenance A~enc¥ Mattituck Inlet (channel and anchorage) ACOE Mattituck Inlet/Long Creek SCDPW Orient Point Ferry Private Gull Pond SCDPW Stirling Harbor* ACOE* Plum Island Ferry ACOE Mill Creek SCDPW Cedar Beach SCDPW Goose Creek/Jockey Creek/Town Greek SCDPW Corey Creek SCDPW Richmond Creek SCDPW Little Creek SCDPW Mud Creek SCDPW Broadwater Cove SCDPW East Creek SCDPW West Creek SCDPW Wickham Creek SCDPW Halls Creek SCDPW Deep Hole Creek SCDPW James Creek SCDPW Brushes Creek SCDPW Silver Eel Harbor Private West Harbor ACOE Note: * Within Village of Greenport but used by Town craft as well. Dredging by SCDPW is undertaken with the permission of the Town Trustees. So~ce: Analysis of Dredging and Spoil Disposal Activity Conducted by Suffolk Count7, County of Suffolk, New York, Historical Per- spective and a Look to the Future, Suffolk County Planning Department, October 1985. II-20 I I I I I ! I I I I I i I ! I I I I I There are two agencies responsible for the maintenance of channels: the Army Corps of Engineers (ACOE) and the Suffolk County Department of Public Works (SCDPW). There are also a number of private channels that are maintained by homeowners' associations and individuals. In addition to providing naviga- tional safety, the maintenance of certain channels also improves the tidal flushing of creeks and inland waterbodies. For many of the inland waterways -- the creeks and inlets -- dredging is necessary to maintain an adequate navigable depth. The majority of the dredg- ing projects in the Town are conducted by SCDPW. As show~n in Table II-10, there are 3 federal channels maintained by ACOE, as well as the Plum Island Ferry, and 15 channels maintained by SCDPW, some on a regular basis dating back to 1959. Mattituck Inlet was dredged most recently by ACOE in 1990. The West Harbor channel project was originally authorized in 1930. These two fed- eral channels were initially dredged at the dimensions of 8 feet by 100 feet and 14 feet by 100 feet, respectively (Long Island Regional Planning Board, No- vember 1979). The Plum Island Ferry channel area was last dredged around 1972. Ail dredging projects conducted by SCDPW must meet certain criteria to qualify for dredging work, particularly that the dredging and navigational maintenance project be a legitimate public expense and provide general public benefits. These benefits are best determined by assessing the usage patterns and accessibility of a channel to the general public. In general, the county will dredge only the mouths of selected embayments. In an area that is strict- ly residentially developed and where no public or quasi-public facilities are served, the county will dredge out to a navigation channel or larger waterbody. The extent of county dredging depends on the funds available to SCDPW. Each year, the towns send SCDPW a listing of priority sites to be dredged, which are reviewed to determine if dredging is required at each particular site. The Long Island Sound Coastal Management Plan (LISCMP) recognizes the importance of maintaining navigational channels. It calls for targeting dredg- ing to channels that are used and the continued support for the maintenance dredging of federally maintained channels, possible state interest in maintain- ing channels, and proper dredge disposal techniques. Public Access to the Vaterfront: Beaches and Harine Recreational Fishing Table II-11 lists the public beaches and access points along the Town's waterfront. These facilities provide the opportunity for access to the water for swimming, recreational fishing, and the launching of boats. In March 1993, DEC released a report entitled Marine Recreational Fishing Access Plan, which addressed issues related to expanding access to the shore- line for recreational fishing, and recommended piers, areas for surf casting, and boat launches. The plan targeted areas for access and outlined techniques for implementation. One objective of the program was to improve recreational fishing opportunities for residents outside the coastal areas (e.g., upstate and out-of-state residents). II-21 I I I I 1 I I I i i I I I I I / I t I Table II-11 PUBLIC ACCESS TO TH~ WA'f,'f.~ Reach Park 1 Breakwater Park (Breakwater Road) Bailie's Beach Park (Bailie's Beach Road) Mattituck Creek Ramp Mattituck Creek Ramp 2 Horton Lane Beach Horton Point Lighthouse Kenney~s Road Beach Goldsmiths Inlet Beach Horton Point Lighthouse Goldsmiths Inlet County Park Peconic Dunes County Park Inlet 3 Hashamomuck Beach (Town Beach) Sound Road Beach (67 Steps) Clark Beach Inlet Point County Park Orient Point County Park Truman Beach 5 Orient Point State Park Klipp Marine Park Stifling Basin Raimp 6 Youngs Avenue Park Founders Landing Beach 7 Goose Creek Park Laughing Waters Boat Launch Cedar Beach County Park Emerson Beach 8 New Suffolk Town Beach Nassau Point Co.unity Beach Pequash Avenue Park 9 Mattituck Park District Beach Veterans Memorial Park 10 Fishers Island Park West Harbor Ramp Park Harbor-Related ~anager Activities MPD B, BL, F MPD B~ F MPD BL Town B, BL Town B, OF SPD B Town B, OF Town B, F, BL SPD B County B County B Town B, OF Town B, F Town B County B County B State B, BL, F State B, F Town B, F, BL Town F, BL SPD F SPD B, BL Town B Town BL, F County B SPD B Town B, BL CNSPD B SPD B MPD B MPD B Town B Town BL Hotee: Park District Abbreviations MPD - Mattituck Park District SPD - Southold Park District CNSPD - Cutchogue-New Suffolk Park District NS - New Suffolk Park District Use Abbreviations: B - Beach BL - Boat Launch F - Fishing OF - Off-Season Fishing Town of Southold Draft Local Waterfront Revitalization Program, Sec- tion 2.0, Inventory and Analysis, September 1994; Suffolk County Planning Department map of existing open space, December 1992; Fishers Island Civic Association, February 1995. II-22 I I I 1 I I I 1 i 1 i i i I I I i I I Marine recreational fishing provides local economic benefits. It states in the plan that nearly $1 billion is pumped into the Long Island economy as a result of marine recreational fishing. A goal for the first five years of the plan is to develop at least five boat launches along the Long Island marine shores, at least one fishing pier in each county, and acquiring at least five new marine waterway access properties for fishing beach access. Strategies for implementation include: Cooperative ventures with local (emphasis on those with local water- front revitalization plans), county, and federal agencies; Acquiring lands with state dedicated monies; encouraging increasing access through the permit and environmental processes; Taking a lead role in addressing the issues of a shrinking waterfront access; and o Monies be appropriated for improving public access facilities. The plan made recommendations for expanding state public fishing access opportunities at locations in the Town of Southold, among them: Provision of parking opportunities at Goldsmiths Inlet to improve and enhance its use as a fishing site and launch ramp and to provide much-needed access to Long Island Sound; Another concrete boat launch at Cedar Beach County Park; a purchase of private land and rehabilitation of a boat launch ramp at Steph- enson Beach in Orient; o A state boat launch at the head of Mattituck Creek; and o A boat launch for the Carey Resources property, particularly because of its location nearer the mouth of Mattituck Inlet (off Luthers Road, which could be enhanced through expanded parking). Recreational charter fishing is another important means of public access to the water for marine fisherman, particularly those without boats. Within the Town, the larger recreational charter craft are based in Mattituck Inlet. Nat%~ral Res~ces Designated Siznificant Coastal Fish and Wildlife Habitats There are 18 designated significant coastal fish and wildlife habitats within the Town (see Table II-12, below). These are important preservation areas and are key features in planning for the harbor waterfront. In sum, there are nearly 5,000 acres of critical land and water habitat within the Town where the protection of water quality, shellfish resources, significant wet- lands, fish migration and development habitat, and avian habitat (shorebird migration, waterfowl feeding and nesting) are of utmost concern. In these areas, expansion of recreational activities and/or development of waterfront structures could conflict with the preservation of the resources. II-23 I I I i I I I i i ! I i I I I i i I I Table 11-12 STATE DESIGNATED SIGNIFICANT AND ~ILDLIFE ~a~ITATS Acreage Reach 1 2-3 4 5 6 7 9 10 Mattituck Inlet Wetlands 60 None Plum Gut NA Long Beach Bay* 1,300 Orient Harbor* 1,900 Conkling Point 25 Port of Egypt Island 4 Hashamomuck Pond* 220 Cedar Beach Point* 85 Corey Creek* 130 Richmond Creek and Beach* 135 Jockey Creek Spoil Area 10 Little Creek and Beach* 45 Cutchogue Harbor Wetlands* 450 Robins Island* 450 Downs Creek* 70 Fishers Island Beaches* NA Hungry PointIslands 3 The Race NA TOTAL 4,887 Also a Critical Environmental Area; see discussion below. Source: New York State Department of State, January 1995. Critical Environmental Areas In addition to these state-designated habitats, the Town and county have identified a number of places within the Town that are Critical En%ironmental Areas (CEAs). Actions within the CEAs' boundaries are subject to environmental review under the State's Environmental Quality Review Act (SEQR). CEAs may exhibit any of the following characteristics: social, cultural, historic, recreational, or educational importance; ecological, geological, or hydrogeolo- gical sensitivity; or significant ecological or aesthetic character. Most of the significant habitats above are designated CEAs and are registered with DEC's Department of Regulatory Affairs. Additional areas that have CEA status are shown in Table 11-13. In total, there are 23 CEAs in the Town, 11 of which are also designated significant fish and wildlife habitats. ~mmals A number of unusual marine wiidlife are found in the Town's waters in greater numbers than are found in other parts of New York State's marine wa- ters, including whales, dolphins, porpoises, and seals. As reported by the II-24 I I i I I i I i i ! I I i I I I I I I Table II-13 COUNT"~ CRITICAL ENVI~ONMENTALAREAS* Reach CEA 1 None 2 Goldsmiths Inlet 3 Inlet Pond 4 None 5 Orient Point Dam Pond 6 Pipes Cove Creek (Moores Drain) 7 Goose Creek Peconic Bay 8 West Creek Peconic Bay 9 Halls Creek Deep Hole Creek Peconic Bay 10 None * In addition to those shown in Table II-10. Source: Suffolk County Office of Ecology, Town of Southold Town Trustees, January 1995. Okeanos Ocean Research Center in Hampton Bays, there have been increased sight- ings of Harbor seals, even in the creeks, as well as Arctic, harp, grey, and hooded seals. The deep ocean waters of Orient Point and Fishers Island are critical passageways for these species. Because of their isolation, Fishers Island rocks are also important Harbor seal haul-out areas. Over the past winter and spring, Okeanos began operating seal-watching cruises out of Greenport. Special Avian Habitat On Little Gull and Great Gull Island, two small rocky islands east of Plum Island, there are significant populations of roseate terns and common terns. As stated in the Long Island Sound Coastal Management Plan, the population of roseate terms is believed to be the second largest colony in North America. ~ater Q~ality Introduction Overall, the qualitY of the Town's marine waters is good compared with the west. However, certain portions of the Peconic/Gardiners Bay Estuary -- par- ticularly the heads of shallow, sluggishly circulating inlets and embayments -- do exhibit water quality impairment. Many of these creeks and embayments are the most productive shellfish areas. II-25 I I I I I I I i I I i i I I i I i I I The Peconic Estuary was admitted into the National Estuary Program (NEP) in the fall of 1993. NEP is managed by the United States Environmental Protec- tion Agency (USEPA) to identify nationally significant estuaries that are threatened by pollution, development, or overuse, and to promote the prepara- tion of management plans to ensure their ecological integrity. Each estuary in NEP is subject to a four-phase process to develop and implement a Comprehensive Conservation and Management Plan (CCMP) tailored to the specific needs, con- cerns, and problems of that estuary. State Water Quality Classifications Water quality classifications are assigned by the State DEC to all surface waters. These classifications set attainment goals and discharge standards for point sources, but do not necessarily indicate existing water quality condi- tions. For example, by classifying waters as SA, DEC has set a management goal to achieve a level of water quality that is capable of supporting shellfish harvesting. However, this does not imply that the waters are always harvest- able (see the discussion below). As shown in Table II-14, there are four water quality classifications that apply to the Town's marine waters. Table II-14 STATE WARINE SURFACE gAT~ QUAT.TTY CT~SIFICATIONS SA SB SC SI) Shellfishing for market purposes and primary and secondary con- tact recreation); Primary and secondary contact recreation and any other use ex- cept for the taking of shellfish for market purposes); Fishing, fish propagation, primary and secondary contact recre- ation even though other factors may limit the use for that pur- pose; and Ail waters not primarily for recreational purposes, shellfish culture, or the development of fish life and that, because of natural or man-made conditions, cannot meet the requirement of these uses). Note: Primary contact recreation includes such activities as swim- ming, diving, water-skiing, skin diving, and surfing. Second- ary contact recreation includes activities where contact with the water is minimal and ingestion of water is not probable, such as fishing and boating. New York SCats Code Rules and Regulations, Title 6, 1995. The parameters used to define these standards are coliform bacteria con- centrations (both total and fecal), levels of dissolved oxygen (DO), total suspended solids, and turbidity in the water column, with guidance values for toxic wastes and other deleterious substances. Adequate DO concentrations are necessary for sustaining shellfish and finfish populations. The presence of II-26 I I I I I I I I t I I i I I I I I I coliform bacteria in surface waters serves as an indicator of potentially path- ogenic contamination due to human or animal waste. Ail of the open waters of the' Town are designated SA waters, including Long Island Sound, Gardiners Bay, Shelter Island Sound, Little Peconic Bay, and Great Peconic Bay. Most of the Town's creeks are also SA waters, although portions are SC. The Narrow River stretch of Long Beach Bay is designated SD. Boating, Marinas, and Water Oualitv There are many sources of pollutant loadings to the coastal waters of the Town, among them: road runoff and storm outfalls; yard runoff, carrying fer- tilizers and pesticides; and failing or poorly located septic systems. Boating and marina activities, because they are located on and adjacent to the water, can have an immediate and direct impact on the water. Therefore, clean boating and marinas are important to maintaining high quality waterbodies. Marinas can impact water bodies with accidental fuel oil spills and leaks, runoff from yards and parking areas, uncontained or improperly disposed trash and litter (e.g., plastics, cans), sewage discharge (chemically and on-treated), noise, antifouling paints (heavy metals), washdown residuals and dredging (although this can also have positive benefits by improving circulation). Typically, construction of marinas requires bulkheads, docks, pilings, and breakwaters that alter the natural environment and affect wetlands systems, including in- tertidal, subtidal, and open water habitats. Pollutants from these activities include biological oxygen demanding (BOD) materials from sewage that reduce oxygen levels and introduce pathogens (coli- form) to the water (particularly in the s,mmer), metals from antifouling paints (which can accumulate in the tissue of fish), petroleum hydrocarbons, including polynuclear aromatic hydrocarbons (PAHs) introduced by fuel spills and bilge discharge, and increased turbidity from dredging and propeller wash, which affects water clarity and habitats of benthic organisms. Moreover, if pollu- tion sources are allowed to persist, they can reside and accumulate in the bottom sediments, creating a longer-term problem. However, there can also be positive impacts to the natural environment from marinas. Marina structures, such as pilings, bulkhead, and riprap edge, can provide habitat for aquatic wildlife (including finfish and shellfish), protected areas for smaller finfish and juvenile fish, and habitat for crusta- ceans. This habitat is enhanced in a clean water environment~ The Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) stated the need to reduce pollutant loads from marinas to the coastal waters and the need for boat management practices. Marinas are also regulated under the National Pollutant Discharge Elimination System (NPDES) permit program for stormwater runoff discharges, as mandated by the 1987 reauthorization of the Clean Water Act and implemented through DEC. If a marina is in the business of renting boat slips, storing, cleaning, or repairing boats, and performs a range of other services, it falls under the permitting program. For these marinas, a permit is required for the point sources of discharge (the stormwater outlet). Under the permit review process, operations that do not involve equipment cleaning or maintenance may be exempt from the regulations. II-27 I I I I I I I ! I i ! I ! I I 1 I I I As defined by CZARA, any facility (public, quasi-public, or private) that contains 10 or more slips or has facilities for 10 or more craft, such as moor- ings, should have a pollution management strategy. Best management practices can vary from place to place, but a general guideline is the Coastal Nonpoint Pollution Control Program: Program Develop- ment and Approval Guideline, published jointly by USEPA and the National Ocean- ographic and Atmospheric Administration (NOAA). Fundamental to these guidance programs is containment of runoff, and some level of pretreatment (e.g., float- ables, capture, settling of solids). This is coupled with the proper use and storage of potential pollutants on the upland. Techniques can include: o Contained impervious surfaces for hull maintenance; Enclosed work areas that preclude stormwater from collecting residu- als (e.g., sanding residue, solvents, oils) from boat maintenance; Source controls (e.g., sander vacuums) to collect residuals before they fall to the ground; Use of swales around parking ares to contain runoff and facilitate percolation and filtering; Use of pervious materials in parking/boat storage areas; o Adequate receptacles for disposal and recycling; o Holding tanks or dry wells to capture first flush runoff; Educating boat owners about proper disposal of fish waste that, in large amounts, can have impacts on oxygen levels as well as aesthetic and odor implications. (Fish should be cleaned at sea); Proper on-site storage and disposal techniques for waste fuel and used oil, spent solvents and antifreeze. (On-site storage should be on impervious surfaces, in enclosed areas, in separate containers, and signage should alert boat owners as to the disposal areas); Petroleum control techniques for boat operations, including the installation of fuel/air separators on new boats (required in New York State) and the use of oil-absorbent bilge pads that can capture oil and grease in the boat bilge before discharge; and Minimizing the release of boat cleaners (teak cleaners, fiberglass polish, detergents) and bottom paints when hulls are cleaned in the water by encouraging boat cleaning outside the water and use of phos- phate-free and biodegradable cleaning compounds, discouraging the use of compounds containing ammonia, chlorinated solvents, petroleum dis- tillants, and lye, and prohibiting in-water scraping or activities that could release bottom paint. II-28 I I I I I I I I I I I I I ! I I I I I Boatin~ Discharzes Wastewater and Pumoouts Another way boating activity can impact the aquatic environment is waste- water discharge. Typically, boats shorter than 25 feet in length do not have a marine sanitary device (MSD) on the craft (these boats do sometimes have a portable toilet). On boats longer than 25 feet, MSDs come in three types: MSD I and II provide some form of limited treatment (chlorination to promote die- off of coliform) prior to discharge; and MSD III is a holding tank only -- no treatment is provided. Holding tanks are designed to keep all human waste aboard until pumped out. Federal law (see discussion below, under "No Discharge Zones") prohibits discharge of any untreated sewage (MSD III) into any coastal waters inside the 3-mile territorial limits. .In reality, many boats with holding tanks -- be- cause of limited number of pumpout stations and lack of enforcement -- have installed Y-valves to allow untreated waste to go directly overboard (legal only at sea). In addition, many boaters forget to close the Y-valve when in coastal waters, and any resulting discharge is illegal, punishable by Coast Guard fines up to $2,000. EPA Region I has determined that one pnmpout facility per 300-600 boats with holding tanks is sufficient to meet the demand. Other examples are EPA Region 4, which recommends one per 200-250 boats with holding tanks. Important to the success of a pnmpout facility is its siting within a marina. Both EPA and NOAA recommend: Fixed systems be sited at the end of a pier in association with a fueling dock; Portable systems, used With fixed fueling locations or independently, offer improved accessibility, but can be difficult to move about a marina; and A pnmpout boat -- an in-water mobile unit that answers radio trans- mitted requests from boat operators. Costs of pumpout stations can vary widely depending on location, model, and type; piping distance to shore; disposal; and treatment options. A good pumpout station fixed on a dock can cost between $15,000 and $25,000. An in- ground, 5,000-gallon holding tank (without sewer connection) will cost nearer the $25,000 level. Since most of Southold does not have sewers, the costs will probably average more than $20,000. The Federal Clean Vessel Act of 1992 es- tablished 75-25 matching funds for construction, renovation, and operation of marine sanitation devise pumpout stations and waste reception facilities. These grants are available through the state, but 1996 is the last year for applications before the grant runs out. Private marinas are eligible for these grants, providing they put up a 25 percent matching contribution. Pumpout grant recipients can charge up to $5 per service to help cover operation, sew- age disposal, and maintenance costs. DEC implements the grant program in New York State. To date, Mat-a-Mar Marina is the only marina in the Town that has II-29 I I I I I I I I I I I I I I I I I I I received a grant (DOS, 1995). Reports nationwide suggest that fixed pumpout stations on fuel docks get the most use because fueling frequency (i.e., time at sea) is related to toilet use. When fueling and pumpout are provided at a common location, both can be conveniently serviced at the same time. Portable pumpout carts on wheels are another a practical solution to emp- tying a modest number of boat holding tanks while in slips. The~pumpout ser- vice goes to the boat rather than moving the boat to be pumped out. Costs can be far less than $10,000 plus cost of disposal. Portables are limited in ca- pacity and by dock ramp widths. They require a staff member to move about and can become quite heavy when full -- a problem if going up ramps at low tide. If a manual pump is used, a strong arm is needed to do many boats. Pumpout boats are increasingly popular and have proven very satisfactory solutions to servicing anchorages and marinas in two of New England's federally designated no discharge waters -- Block Island in Rhode Island and Buzzards Bay, Massachusetts. On Block Island, the pumpout boat travels daily through the transient anchorages asking if pumpouts are needed. The service is free and the boat is operated by the harbormaster. It empties its larger holding tank at one of the private marinas that is connected to the island's sewer line. The harbormaster makes it clear that discharge is prohibited and viola- tors will be fined. Most boaters report that they appreciate the service, knowing that the harbor water is sewage free. Block Island's boat and portable pumpout unit capital cost was less than $20,000 several years ago. Due to cost increases, an average pumpout boat may cost about $21,000 (this can widely vary depending on boat type and engine horsepower). The Town of Southampton is having five pumpout boats built at $21,175 each (including boat, pumpout, motor, and trailer) paid with an inde- pendent grant from the state (not the federal pumpout grant). No Discharge Zones The Federal Clean Water Act (Section 312) created the marine sanitation device (MSD) regulations that prohibit untreated boat sewage discharge. Among other things, the act provides an opportunity for states to apply for a com- plete prohibition of vessel sewage discharge, treated and untreated, in some or all of the state's waters, thus creating no discharge areas. For Southold to obtain a no discharge water designation, it must ask New York State to apply on its behalf to EPA for approval. EPA needs the following information to consider a no discharge application: A certification that the protection and enhancement of the waters de- scribed in the petition require greater environmental protection than the applicable federal standard (which allows treated boat sewage dis- charge if through a Coast Guard-approved and properly operating MSD Type I and II that pretreat and screen before pumping overboard). No discharge areas ban use of MSD I and II toilets, and it 'can be argued that shellfish and bathing waters are cleaner when boat sewage dis- charge is prohibited: A map showing the location of commercial and recreational pumpout facilities: II-30 I I I I I I I I I I I I I I I I I I I A description of the location of pumpout facilities within waters designated for no discharge; d. The general schedule of operating hours of the pumpout facilities; e. The draught requirements on vessels that may be excluded because of insufficient water depth adjacent to the pumpout facilities~ Information indicating that treatment of wastes from such pumpout facilities is in conformance with federal law; and Information on vessel population and vessel usage of the subject waters. New York State DOS has taken the lead in the preparation of a statewide plan justifying the need for Clean Vessel Act funds for pumpout and waste re- ception facilities in New York State. This includes surveying public and pri- vate marine facilities in the coastal area and compiling significant coastal fish and wildlife habitat, water quality, shellfish producing, and harvesting areas, and important recreational areas data. It is DOS' ultimate intent to use the plan and the completion of pumpouts in accord with the plan as the basis for designating all coastal rivers, harbors, and bays as no discharge zones. State legislation is currently pending for the designation of vessel waste no discharge zones. The state process would utilize the affirmative determina- tion by EPA according to the requirements of section 312(f), discussed above. Fuelinm Discharze Marina fueling is another area of potential water quality impact. Both EPA and NOAA recommend the following when fueling stations are proposed or are relocated: Fueling stations should be sited so that spills can be contained in a limited area; Spill contingency plans should be in place for storage and fueling dispensation areas (this is. also often covered by state, county, and local envirortmental regulations); and Spill containment equipment (e.g., boons, pads, fire extinguishers, and the Spill Contingency Plan) should be readily accessible in a nearby locker. Other Discharges to Town Marine Waters A major point source discharge to the Town's Long Island Sound waters is the Village of Greenport Sewage Treatment Plant (STP). The State Pollution Discharge Elimination System permit issued for the Greenport STP allows a dis- charge of 0.5 million gallons per day (MGD) of secondary treated wastewater. Monthly discharge monitoring reports are submitted to DEC and any violations of the discharge permit (e.g., BOD removal or flow limits) are recorded. Copies of these reports are on file in the DEC Water Unit Office. II-31 I I I I I I I I I I I I I I I I I I I DEC sets a radius of closure around all STP outfalls as a precautionary measure recommended by the National Shellfish Sanitation Program (NSS) to pro- tect human health. These safety zones typically encompass the waters that could potentially be polluted by STP effluent in the event of a plant failure plus a buffer zon'e. The area around the plant's outfall, near Inlet Point and Parkers Rock in Long Island Sound, is closed to shellfishing. Although most of the waters in Shelter Island Sound are certified for shellfishing, there is also a permanent closure area caused by the outfall of the Shelter Island Property Owner's Corporation sewage treatment plant. The closure area for the Shelter Island plant's outfall lies between Shelter Island and Greenport, west of Stifling Harbor, between the railroad station and Fan- ning Point~ One other large area of discharge impact is around Plum Island. These waters are potentially impacted due to runoff from this island -- where scien- tific research of contagious animal diseases is undertaken -- and are therefore closed to fishing. Commercial Fishing Activities Overview Eastern Long Island is the center of the State's commercial marine fishing industry. The two key areas of harvest are the deeper waters and migratory passageways of Long Island Sound and the shallower waters, creeks, and near- shore waters of the bays that lie between the North and South Forks. Commer- cial fishing is an important element in the Town's economic base and, along with agricultural activities, is an export industry for the Town. Planning and policy decisions should encourage and protect the industry. As described in greater detail below, there are two types of commercial fishing operations in the Town: the deep water fishing of Long Island Sound and the shallow water harvesting that occurs in the bays and creeks~ Income to fishermen is just one aspect of the local benefits of the industry. Secondary activity includes sale of fishing supplies, processing, wholesalers, transporters, and suppliers that creates local, regional, and statewide economic and fiscal benefits. Deepwater Commercial Fishinm Centers In the Sound between Southold and Connecticut, there are more than 45 species of finfish, crustaceans, and shellfish that are harvested commercially. An important area of finfish resources are the deep open waters of The Race, located just south of Fishers Island and Plum Gut, which lies between Orient Point and Plum Island. These are major migratory passageways for fish in and out of the Sound and the salinity levels in this complex are optimal for marine finfish, among them striped bass. Offshore fishing in deeper Sound waters cen- ters on lobster, surf clams, butterfish, Atlantic Mackerel herring, flounder, squid, cod, and porgy. Fishing in the Sound (waters both within Southold and west to the East River) accounts for 33 percent of the total fish harvested in the state and 40 percent of the total value. II-32 I I I I I I I I I I I i I I I I I I I Commercial fishing businesses are centered at six locations on the Sound: Huntington Harbor, Northport Harbor, Port Jefferson, Setauket Harbor, Mount Sinai Harbor, and Mattituck Inlet. Based on information in the LISCMP, there are four packing houses on the New York State side of the Sound, all located in Mattituck Inlet: Long Island Sound Seafood Company, King Seafood, Cooks Dock, and Petersons Dock. A more detailed description of Mattituck Inlet is provided in section IV, "Mattituck Inlet: Data Inventory, Analysis, and Recommenda- tions.'' Much of the product from these operations is distributed to local fish markets, regional packing houses, or the Fulton Fish Market in New York City. Commercial harvesting operations are also found in Orient/East Marion (the Long Island Oyster Company) and in New Suffolk at Schoolhouse Creek (see Table II-15). Greenport Village, though outside the planning area, is also a very important center for commercial activity. Table II-15 FISHING Reach ~aterbodv Operation Activities MattituckInlet Fishing Station Cooks Dock 1 Mattituck Inlet (west Side at mouth) 1 Mattituck Inlet (west side) 1 Mattituok Inlet (east side) 1 Mattituck Inlet (east side) 5 Orient Harbor 8 Schoolhouse Creek 8 Inland Long Island Sound Seafood Lobsters Trawlers Kings Trawlers Long Island Oyster Co. John Scott Brauns Shellfish harvesting Shellfish harvesting Wholesale shipment and sales So.roes: Kearney/Centaur, A Division of A.T. Kearney, Inc., December 1989; Allee King Rosen & Fleming, Inc. field survey, March 1995. Some O of the current issues facing commercial operators are: Competition among the commercial fishing fleet and recreational fish- ing activities for a finite fisheries resources; Competition from other uses (residential and commercial development and recreational boating) for limited waterfront lands that provide dockage and upland staging (e.g., parking) areas; Dwindling availability of such services as dockside fueling, ice and refrigeration, gear storage, and repair services; and A dearth of fish and seafood processing facilities. II-33 I I I I I I I I I I I I I I I I I i I Creek and Bay Fishinz Within the bays and creeks, commercial harvesting activity is dominated by baymen. Working from small shallow-draft boats kept at on-shore/off-shore stakes, moored, trailered and launched by ramps, or kept at local marinas, baymen harvest the shallower bay waters and the more brackish waters of the inland creeks. Primarily harvested are hard clams, oysters, and eels. More recently, bay scallops have been harvested with the return of harvestable scal- lops (see discussion below). Table II-16 provides a list of the Town's creeks and their importance to the Town's shellfish harvest. Outside of the creeks and within the bays, there are also excellent (high- er quality) and good shellfish beds. These are described below in Table II-17. Shellfishing within Town waters requires a license from the Town of Southold (a DEC commercial shellfishing permit is also required). Table II-18 lists the trends in issued licenses within the Town. As shown in the table, there was a general decline in the issued permits in the late 1980's; this was attributable primarily to the decline in the scallop resource. However, with the resurgence of the scallop, the total number of issued licenses in 1994 increased. Between 1992 and 1994, the number of issued resident non-commercial shellfish permits increased by 373 (up 21 percent), and commercial permits in- creased by 118 (up 75 percent); temporary resident permits increased marginal- ly. While these increases are substantial, the resident non-commercial permits remain well below the 1984 levels of 2,724, and commercial permits have once again just about reached the 280 issued in 1984, after a minimum of 90 issued permits in 1992. Because of the implications for human health, the New York State DEC Bu- reau of Shellfisheries regulates the taking of shellfish areas to protect against the human consumption of contaminated shellfish. Within the Town, the regulated areas for 1994 are shown in Table II-19. A comparison of Tables II-16 and II-19 shows that while many of the better shellfishing areas are open year-round, there are a number of the key creeks closed for many months of the year, generally late spring to early or late fall. The reasons for closure vary among the closed areas, but the principal reasons for closure are: storm- water runoff from streets and agricultural lands that carry pollutants; waste- water from failing septic systems; and the discharge, or potential discharge, of wastewater from boats. The Town of Southold Conservation Advisory Council (CAC) has an Adopt-a- Creek program as a grass-roots effort to improve the water quality of South- ' old's tidal creeks. CAC believes that many of the tidal creeks currently opened only seasonally for shellfish harvesting, can be used year-round. As a result, many of Southold's transient residents cannot enjoy recreational shell- fish harvesting activities because most of the seasonal closures occur during the peak summer months. CAC started with Goose Creek as a pilot area for the program, and has coordinated with DEC in collecting water quality samples. Education is the major thrust of the program. To'this end, CAC contacted all of the residents surrounding Goose Creek to solicit volunteers, and conducted an initial seminar to inform residents as to what they can do to improve the water quality of Goose Creek. Largely through the efforts of CAC, two drainage improvement projects were installed near the headwaters of Goose Creek (Cedar Drive) and Town Creek (Hobard Road). II-34 I I I I I I I I I I I I I I I I I I I Table II-16 KEY CREEKS FOR SHELLFISH HARVEST AND $~nING Reach Greek 1 Mattituck Inlet** 2 Goldsmiths Inlet 3-4 None 5 Gull Pond Dam Pond*s Long Beach Bay**s (Hallocks Bay, Narrow River, Little Bay) 6 Pipes Neck Creek Hashamomuck Pond** Budd's Pond Wunnewata Pond 7 Town Creek**s Jockey Creek**s Goose Creek**s Corey Creek**s Richmond Creek*s Cedar Beach Creek* 8 West Lake Little Creek Broadwater Cove*s lla~amters Cove* ~ud Creek* East Creek* glckh~m Creek* Hest Creek*s Halls Creek 9 Down's Creek Deep Hole Creek* James Creek Brushes Creek 10 ~est Harbor** East Harbor** No * - S So%lrces: Least productive. Fair to good. Host Productive Creeks used for shellfish seeding. Town of Southold Community Development, April 1995; Fishers Is- land Civic Association, February 1995. II-35 I I I I I ! I I I I I I I I i I I I I Reach 5 6 Table II-17 GENERAL LOCATIONS OF PRII~. SH~T.T.FISHINGIIAI~VESTAREAS IN THE BAYS Location Nearshore waters, Youngs Point to Long Beach Point and including Orient Harbor Pipes Cove nearshore waters Conkling Point east to Pipes Cove and west to Brick Cove, nearshore waters Shelter Island Sound Brick Cove to Budd's Pond nearshore Budd's Pond to Founders Landing Park, nearshore Paradise Point to Raydon Shores, and west to Cedar Beach Point, Southold Bay nearshore waters Little Peconic Bay, off Hog Neck Bay and Cedar Beach Creek Little Peconic Bay, off Nassau Point, nearshore Cutchogue Harbor area, nearshore waters, Nassau Point to New Suffolk Robins Island nearshore waters Great Peconic Bay offshore between 3ames and Brushes Creeks Status Most Productive Most Productive Fair to Good Most Productive Fair to Good Fair to Good Fair to Good Fair to Good Most Productive Most Productive Fair to Good Town of Southold Office of the Town Trustees, May 1995. Table II-18 TRENDS IN TO~N-ISSUED SHELLFISH PERHITS: 1980-1994 Resident Temporary Junior Year Non-Com~ercial Commercial Resident Commercial 1980 -- 247 47 -- 1982 751 175 91 -- 1984 2,724 280 213 -- 1986 1,873 163 106 -- 1988 1,764 134 128 -- 1990 1,751 90 117 -- 1992 1,740 157 90 -- 1994 2,113 275 97 3 Town of Southold Department of Community Develop- ment, April 1995. II-36 I I I I I I I I I I I I I I i I I I I Reach 1 2 3 5 6 7 8 9 10 Note: Table II-19 REGULATED STATUS OF TO~N SHELLFISH I;ATERS: 1994 ~aterbod¥ Nattituck Inlet Goldsmiths Inlet Long Island Sound Long Island Sound Long Beach Bay Little Bay Narrow River Orient Harbor at Orient Yacht Club Gull Pond Stirling Harbor Sage Pond HaShSmo~lck Pond Budd's Pond/Mill Creek Town Creek, Jockey Creek, ~oose Creek Cedar Beach Creek Corey Creek Richmond Creek Little Hog Neck Broadwater Cove/Haywaters Cove East Creek ~ic~h.m Creek Schoolhouse Creek West Creek Downs Creek Halls Creek, James Creek Brushes Creek Deep Hole Creek Silver Eel Creek West Harbor (inner) West Harbor (outer) Island Pond East Harbor ReKulation Houth to Long Creek: Conditional (varies year to year) Long Creek to Head: Closed year- round Closed April 1 to December 14; Head closed year-round Closed year round at Village of Gre- enport sewer outfall None Open year-round Closed May 1 to October 31 Closed year-round Closed Hay 15 to October 31 Closed April 1 to December 14 Closed year-round Closed May 15 to October 31 Conditional (varies year to year) Closed April 15 to December 31 Closed April 15 to December 31 Open year-round Open year-round Closed April 1 to October 31 Open year-round Open year-round Closed year-round Head: open year-round; ~outh: closed year-round Closed year-round Open year-round Open year-round Closed April 1 to December 14 Closed year-round Closed April 1 to December 14 Closed year-round Closed year-round Closed Nay 15 to September 30 Closed year-round Open year-round Creeks and bay areas that are fair to good or most productive for shellfishing are in bold. See Tables II-15 and II-16. New York State Department of Environmental Conservation, Suffolk County Office of Ecology, April 1994. II-37 I I I I I I I I I I I I I I I I I I I Submerged aquatic vegetation is important habitat for shellfish, and its protection is of major consequence to this resource. Boat propellers can dam- age and destroy these habitats. Motorized vessels can be excluded from areas that are important shallow water habitats, or no wake zones can be used as mechanisms for reducing speeds and minimizing bottom disturbance and shoreline (bank) erosion. Aquaculture/Mariculture To promote, protect, and expand the local shellfish resource, the Town of Southold has been actively involved in the grow-out of clams, oysters, and scallops since 1981 (see Table II-16, "Seeding Areas"). That year, the Town started with the purchase and grow-out of 60,000 seed clams and since then has developed the Southold Town Shellfish Hatchery in cooperation with the Suffolk County Cooperative Extensive Service Marine Science Program at Cedar Beach. In 1995, the Town expects to spawn and grow-out more than 1 million clams, 1 mil- lion oysters, and 500,000 scallops. The Town contributes about $16,000 per year to this operation. In addition to the seeding program, there are five aquaculture facilities in the Town waters, which are listed in Table II-20. These activities are important for supporting the local shellfish operations, businesses, and economy. Table II-20 AQUACUL'£u~ FACILITIES IN TOW ~A'£~S Reach 1 7 8 10 ~aterbod¥ Mattituck Inlet (at end of Love Lane) Mattituck Inlet (at end of East Mill Road Inlet (North of Bayview Road) Little Peconic Bay (around Robins Island) West Harbor and Island Pond Facility Blue Point Oyster Company (oysters) Kings (oyster) Plock Shellfish Preserve John Scott (clams and oysters) Malinowski Town of Southold Department of Community Development, April 1995. Use, Zoning, and Permitting Marine Zoninz There are two marine zoning districts within the town: MI and MII. Table II-21 provides data on the marine land uses and zoning (districts within the Town). As shown in the table, there are approximately 215 acres of marine business zoned land, with the majority in Mattituck Inlet (25 percent), Reach 5 (25 percent), and Reach 6 (35 percent). Of the total, 23 acres are zoned MI II-38 I I I I I I I I I I I I I I I I I I I and 191 acres are zoned MII. MI zoning (40,000-square-foot minimum lot size) is restricted to a limited range of water-dependent/water-related uses and is intended for smaller-type marinas along the creeks, while the MII (80,000- square-foot minimum lot size) district is intended for larger marinas and al- lows by special exception a wider range of water-dependent/water-related uses, including restaurants, hotels and motels, fish processing, fish markets, and museums with a nautical theme. As stated in the zoning code, to meet the spe- cial exception criteria, an application must satisfy a number of consider- ations, including: That the use will not prevent the orderly and reasonable use of adja- cent properties or of properties in adjacent use districts; O That the use will not prevent the orderly and reasonable use of per- mitted or legally established uses in the district wherein the pro- posed use is to be located or of permitted or legally established uses in adjacent use districts; Table II-21 ~ TmND USE/ZONING Developed Total Acres HI Reach Amount Percent Amount Percent 1 0 53.8 0 0% 22.5 42% 2-3 0 0 0 0 0 0 4 0 1.7 0 0 0.9 50 5 2.1 54.6 1.9 90 43.0 79 6 0 70.5 0 0 50.4 72 7 3.1 3.3 2.9 95 3.3 100 8 11.7 7.6 7.3 62 4.4 58 9 6.3 0 6.3 88 0 0 10 NA* NA NA NA NA NA TOTAL 23.2 191.5 18.38 124.53 * Data being gathered. Town of Southold inventory of marina zoning. O That the safety, the health, the welfare, the comfort, the conve- nience or the order of the Town will not be adversely affected by the proposed use and its location; That the use will be in harmony with and promote the general purposes and intent of this chapter; II-39 I I I I I I I I I I I I I I I I ! I I That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, par- ticularly with regard to visibility, scale, and overall appearance; and That all proposed structures, equipment, and material shall be readi- ly accessible for fire and police protection. Moreover, in considering special exceptions, the Zoning Board of Appeals should specifically evaluate the potential for impacts on property values, land uses, populations and districts, traffic and parking, availability of infrastructure, emissions, recreational facilities, potential safety hazards, storm water, buffers, and natural features. Protection of water-dependent uses is a policy clearly documented in the LISCMP prepared by the New York State Department of State's Division of Coastal Resources and Waterfront Revitalization (March 1994). As defined by the LISCMP, these water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial fishing vessels and support facilities, aquacul- ture, recreational fishing vessels dockage, commuter and cross-Sound ferries, and other water-dependent uses. A key finding in that document was the identi- fication of 12 important historic waterfront centers along the Sound, including 2 in the Town of Southold -- Mattituck Inlet and West Harbor at Fishers Island. LISCMP documented the importance of the working waterfront and its role as an important local economic generator through recreational boating and commercial operations. Commercial Fishinm Centers Southold has a long history as a commercial fishing area. It is fortunate to have excellent shellfishing beds and generous quantities of marketable fin- fish in nearby waters. Table II-12, above, shows the locations within the Town of the commercial centers (this does not include private operators, or "bay- men," who work from various places throughout the Town and together are major contributors to the commercial activity as a whole). Data in the table show that Mattituck Inlet is the principal center of commercial activity. Gommercial maritime centers are of major importance to the region -- Mattituck Inlet is the only working harbor east of Mount Sinai -- and the pres- ervation of the working waterfront lands are crucial. This industry is experi- encing pressure from a number of directions. As stated in the LISCMP, these pressures extend from "competition for limited fish resources; competition from other uses of coastal lands and waters, primarily residential and commercial development and recreational boating; and the environmental stresses caused by human activity in and around the Sound." While the local'Harbor Management Plan can support resource management and the reduction of environmental stress- es, its most direct influence -- and therefore an important consideration of the plan -- is the protection of the working waterfront. Site Plan Review When applications for new non-residential structures and expansions of non-residential structures are made that could affect "a change in use, or intensity of use, which will affect the characteristics of the site in terms of II-40 I I I I I I I I I I I I I I I I ! I I- parking, loading, access drainage, open space, or utilities," site plan approv- al is required by the local planning board. For waterfront uses, this would apply to new marinas or the expansion of existing marina structures, such as: office, shed, or ships store expansion; the addition of a restaurant, dry rack storage, or a pool-cabana club; and/or changes in upland uses. To obtain site plan approval~ an applicant must demon- strate a number of findings. Among these are: The established character and value of adjoining properties will not be affected; o A reduction in traffic congestion on streets fronting the property; o Buildings secure from fire, flood, and other dangers; and o Impacts to the environment can be mitigated. In reviewing applications, the planning board must consider: Adequacy of traffic access as well as parking and internal circulation; o Landscaping and screening; Natural features protection (wetlands, dunes, bluffs, beaches, es- carpments, woodlands, large trees, unique plant'and wildlife habitat, flood hazard areas, and wildlife breeding grounds); Lighting and minimizing glare and impacts to adjacent property owners; Grading and drainage, with site-generated runoff to be retained on- site in an environmentally acceptable manner; and o Consistency with the Town's Comprehensive Plan. Permittin= There are three levels of review for construction activities along the waterfront: the federal level (Army Corps of Engineers) under Section 10 of the Rivers and Harbors Act regulating in-water construction of structure and under Section 404 of the clean water Act; the DEC regulating in-water activi- ties under the tidal wetlands act and Section 401 of Clean Water Act, which requires a water quality certification (i.e., consistency with state wa~er quality standards and programs) when federally permitted actions are under- taken; and the Town Trustees, regulating in-water and longshore activities under Chapter 32, "Boats, Harbor and Wharves," and Chapter 97, "Wetlands," of the Town code. In the local permit review for marinas, the Town Trustees routinely re- quire the following: Installation (or upgrading) of a pumpout station (also part of Plan- ning Board site plan approval), either permanent or portable; 11-41 I I I I I I I I i I I I I I I I I I I Wash-down retention facilities (basins) (also part of the Planning Board site plan approval); Naturally vegetated buffer zones at the water's edge to capture and purify runoff; Proper on-site storage and disposal techniques for used oil, anti- freeze, and solvents (stored in impervious surfaces, enclosed, sepa- rate containers); o Create recycling stations for marina patrons; and o Upgrade cesspools. Perimeter and Post-Storm Permitting Perimeter Permittinm. To streamline regulatory review and provide flex- ibility for marina operations, many states have established a marina regulatory perimeter, within which marina operators may perform certain modifications and improvements without going through a permit review process. Perimeter permit- ting is allowed by New York State under New York Codified Rules and Regula- tions, Title 6, Part 608, "Use and Protection of Waters" (effective December 18, 1994). Permitting does not apply to docks of 5 or fewer slips or mooring areas of fewer than 10 boats. To date, the Town has not yet established a perimeter permitting program. The State of Rhode Island Coastal Resources Management Council has devel- oped a Marina Certification Program that establishes current in-water and up- land marina conditions to permit the marina as it currently exists as a means to reduce the regulatory burden and allow routine repairs. With this estab- lished perimeter, routine repairs -- including replacement of dock, decking, or planks; replacing pilings; and other non-substantial activities -- can proceed without going through a permit procedure. Rhode Island has also been a leader in this regard, by allowing a 25 percent expansion within the perimeter. Requirements of the submission include: property ownership; a plan show- ing all upland and in-water facilities; the proposed marina perimeter limit; proof of ownership: boat capacity; parking areas; launch ramps; locations of dry rack storage and number of boats, gas docks, and pumpout stations; utility lines serving docks (water, electric); locations of seawalls, bulkheads, and breakwaters; type and number of sanitary facilities available to marina patrons and employees; underground utility, including fuel tank, septic tanks, water, gas, electric lines; location of nearest channel and mooring fields; location of established riparian lines; and general location of in-water structures at adjoining properties. Proposed perimeter limits must be submitted by a li- censed surveyor; they do not include any mooring fields, should work from mean high water mark, and be set to state coordinates or a metes and bounds survey set to upland control points. Post-Storm Permitting. During storms, marinas can be subject to severe structural impact from hurricanes, nor'easters, squalls, and unusually high tidal flooding. This can devastate the operator economically, who must rebuild to maintain the business. In these instances, post-storm permitting can be problematic for both the applicant, who is anxious to rebuild what has been II-42 I I I I ! I I I I I I I I I I I I I I destroyed, and the reviewers~ who can be overburdened by the nUmber of applica- tions that need to be processed. With a perimeter permit, these repairs can be expedited without the need to be through the permitting process. Traffic, Transportation, and Parking Parking and Marinas Currently, the Town requires one auto parking space per boat slip, dock, dry rack, mooring, or similar unit of capacity, in addition to one space per employee. Over the last decade, there have been several national studies and standards published on auto parking demand in marinas. In almost every case, parking ratios are lower than those required by the Town, as follows: Institute of Transportation Engineers, Parking Generation Report, 2nd Edition, 1987: Average weekday - one parking space for every four boat slips o Average Saturday - one parking space for every two boat slips o Average Sunday - one parking space for every two boat slips American Planning Association/Planning Advisory Service -- standards of various local governments: Lexington County, South Carolina m one parking space for every two boat slips Hilton Head Island, South Carolina - one parking space for every three boat slips, and one parking space for every five dry storage boats o Lake County, Illinois ~ one parking space for every one boat slip St. Louis County, Missouri - 0.7 parking space for every one boat slip, two parking spaces for every three employees on the maximUm shift International Marina Institute, national study of 142 marinas in 24 states (Nell Ross, author), 3uly 4, 1988: Highest one-day peak use day ratio - 0.7 car per boat berth capacity; high use weekend ratio - 0.5 car/boat berth; summer weekday.ratio 0.2 car/boat berth Marinas and Small Crafr Harbors (Bruce Tobiasson, PE, Van Nostrand Rein- hold, 1991): o Recommended ratio - 0.6 to 0.8 parking spaces per boat berth II-43 I I I I I I I I I I I I I I I I I I I Planning and Design Guidelines for Small CrafC HarSors, American Society of Civil Engineers, 1994: Approximately 0.75 parking spaces per boat berth is usually adequate (e.g., restaurants and retail shops open to the general public), with additional parking for ancillary facilities. There are three ferry services in the Town: Greenport-Shelter Island (public), Fishers Island-New London (public), and Orient Point-New London. During the warmer months, these operations in particular are moving a great number of passengers, freight, and automobiles. In addition, the federal gov- ernment runs a regular ferry from Orient to Plum Island for employees of Plum Island facility, and a private ferry operates between New Suffolk and Robins Island. The Greenport-Shelter Island Ferry makes this 10-minute trip several times a day, with two vessels in the winter, three vessels in the spring and fall, and four vessels in the summer. The four ferries working simultaneously can move a maximum of 104 automobiles per hour. When maximum capacity is reached, usually on a summer Friday night or Saturday afternoon, traffic becomes very congested and overcrowded, and often blocks some driveways, particularly in Greenport. The Fishers Island Ferry operates two vessels on its route and moves an average of 100 cars a day in June, July, and August, and 20 to 25 cars a day the remainder of the year. Depending on the time of year, the number of trips made' during a certain day of the week will vary. The ferry runs far fewer trips in the winter than it does in the spring. As the warmer months approach, the schedules increase the number of trips offered. The Friday, Saturday, and Sunday ferries are schedules to coincide with the incoming and outgoing New York Amtrak train, The Merchant, in New London. One vessel is capable of transporting 210 passengers and 25 automobiles, or 1 tractor-trailer with a legal size load and 3 or 4 fewer cars. The smaller vessel can accommodate 149 passengers and 9 automobiles. It cannot carry trucks longer than 30 feet. Cross Sound Ferry operates four ferryboats on the Orient Point-New London route. The smallest boat carries 22 automobiles with the capability of hauling 2 tractor-trailers; the mid-sized boat carries 55 automobiles with the capabil- ity of handling 5 to 6 tractor-trailers; and the third vessel has the capacity to haul 90 cars and small tractor-trailers. Recently, Cross Island instituted high-speed passenger ferry service to New London via a 121-foot 350-seat cata- maran-style craft. During the winter, one vessel generally provides all the service. In the spring and fall, two ferries are operated and the third vessel begins its operation in the summer. 11-44 I I I I I I I I I I I I I I I I ! I I So~d ~asCe and Recyc~n~ The Town of Southold has mandatory recycling that applies to all house- holds and commercial operations including marinas. Additionally, the Town operates a Stop Throwing Out Pollutants (STOP) program for the collection of household hazardous wastes. The materials collected for reuse and recycling include newspaper, glass, metals, plastic, tires, waste oil, batteries, yard waste and brush, household appliances, and old clothing. To enhance marine recycling and reduce marine pollution, particularly floatables, the New Jersey Department of Environmental Protection prepared a report entitled Reducing Marine DeDris from Boating Pilotage. That report made the following recommendations: Recycling areas could be separated from the main trash bin and closer to the boaters as a means of collecting the cans, bottles, newspa- pers, etc.; o Recycling and trash cans should have lids; Public education material and signage is always helpful to foster proper solid waste disposal: O Prominent identification of recycling areas and bins so that tran- sient boaters and boating guests can more easily find the proper disposal locations, and perhaps standardization of these identifica- tion systems (e.g., colors, stickers) within the marina community; Use any money raised from recycling to contribute to natural re- sources enhancement projects, such as artificial reefs; and o Provide boaters with recycling totebags. Marbor wn-,$ement Operati(m$ amd Rn~orcement Waters within the Town are patrolled by the U.S. Coast Guard and the Town's Bay Constable. There are three full-time constables on the mainland -- one Senior Constable and two patrolman -- as well as two seasonal patrolman at Fishers Island. The primary responsibilities of the Constable staff -- which is supervised by the Chief of Police -- are the enforcement of Chapter 32, "Boats, Docks and Wharves"; Chapter 77, "Shellfish"; and Chapter 97, "Wet- lands," of the Town code as well as emergency response. Summertime activities include the enforcement of local boating rules and emergency response related to rescue operations (overturned boats, kayaks, windsurfers, surfers, and small sail craft rescue, such as sunfish); during the winter, constabulary duty is mostly shellfish patrols. Although there are yearly fluctuations in Bay Constable cases, their work volume is increasing. This can be explained by increased responsibilities resulting from amendments to Chapter 32, many of which were added in the late 1980's and early 1990's. (A s,,mmary of these Chapter 32 regulations is pro- vided in the Appendix.) Historically, the 1985 Master Plan reported that the II-45 I I I I I I I I i I I I I I I I I I I Bay Constable responded to 81 calls in 1981 and 113 in 1982. In 1994, they responded to 180 marine calls and 6 vessel accidents, issued 64 clamming and 38 wetlands violations, recorded 20 larcenies, undertook 230 vessel inspections, and performed 133 navigation assists. Economics Boating and the Town's harbor waters are important not only for their recreational value and local quality of life, but because they play an impor- tant role in the local economy. Activities within the harbor waters that con- tribute to supporting the local tourism industry are boating, recreational fishing, and swimming. Marinas are a source of employment, both direct (i.e., on-site operators, repair persons, managers, sales) and indirect (i.e~, indus- tries that serve the marinas, such as parts and supplies). Moreover, the availability of boating and boating facilities is a local amenity that attracts seasonal residents (the Town's population doubles in the summer months), vaca- tioners, and transient boaters and tourists. Thus, money is brought into the local economy, generating local expenditures and jobs for year-round residents. In addition, marinas are a focus of waterfront development around which other activities (e.g., restaurants, recreation) can grow. (In addition to recre- ational boatiDg, commercial fishing operations in the Town are a source of local jobs and an export industry. This is addressed above under "Commercial Fishing Activities.") Historic Resources Southold has a long history as a maritime community dating back to its original settlement. There exist a number of historically significant and majestic navigational aids within the Town, including Horton Point Lighthouse, Plum Island Lighthouse, Bug Light, North Dumpling Lighthouse, Race Point Light- house, and the Teapot Lighthouse at Plum Gut. As the U.S. Coast Guard has converted nearly all of its lighthouses to mechanical operation, and with the advances in other forms of nautical tracking, lighthouses have become obsolete. In an era of declining public funds, many are not maintained and eventually deteriorate, due to harsh waterfront conditions. C. REACH DISCUSSION Introduction This section looks at each of the Town's 10 reaches with respect to the data inventory and analysis, taking the Townwide data described above and fo- cusing the discussion and data on each of 10 reaches. II-46 I I I I I I I I I I I I I I I I I I I Boating Activities by Reach Table II-22 provides an inventory of the total recreational boating activ- ities within each reach of the Town waters. This includes the facilities dis- cussed above (public and private marinas, creek and bay moorings, ramps, and small boat launches), and some estimates of the number of craft keep at private homeowners~ docks along the Town's waterways. As shown in the table: There are docking facilities for an estimated 3,370 to 3,530 craft in the Town, composed of public marinas (about 60 to 62 percent), pri- vate marinas, clubs, associations, and individually owned docks and bulkheads (about 40 percent of the total); About 90 percent of this activity is on the mainland, with about 150 slips/berths on Fishers Island; Dry rack storage, all on the mainland, has the capacity to hold about 290 craft; There are a total of about 600 moorings, with 90 (15 percent) in West Harbor and Fishers Island. Of the balance -- 510 on the mainland -- 51 percent are bay moorings and 49 percent are creek moorings; There are 30 boat access points in the Town, with 28 on the mainland, including 7 ramps operated by marinas, 10 ramps provided by the Town, 2 ramps operated by the state, and 1 ramp provided by the Mattituck Park District. There are also eight small boat launches and Gapt. Marty's Fishing Station. There is one ramp on Fishers Island; and Concentrations of recreational boating activity are at Mattituck In- let, Gull Pond, Jockey Creek/Goose Creek, Shelter Island Sound at Mill Creek, Broadwater Cove/East Greek, Cutchogue Harbor, Schoolhouse Creek/New Suffolk, James Creek, and West Harbor. For Reaches 2-10 there are tables are used to describing the marine activities and natural features. Outside of Mattituck Inlet, Reach 1 has no marine facil- ities; Mattituck Inlet is discussed in detail in section IV. Reach 1: Torn Line to Duck Pond Point Harbor Management Waters and Underwater Lands Underwater lands and water area in Long Island Sound belong to the state; the only Town Andros Patent creek is Mattituck. With the exception of the nearshore areas, the Sound is open water. Along the coast, there are large submerged rocks in the nearshore, remnants of the glacial period geologic for- mation of Long Island. Although many of these rocks are above the waterline and visible, many are not, which poses a threat to cruising nearshore waters. Within Reach 1, these areas are generally 1,500 feet from shore. These hazards are identified on the NOAA charts. There are also a number of beaches and waterfront parks -- including Breakwater Beach and Bailie's Beach -- that pro- vide access to the water for recreational activities, such as swimming, small boat launch, and fishing. II-47 I I I I I I I I I I I I I I I I I I I Table II-22 BOATING ACTIVITY BY REACH RF~R 1: ~ATTIT~JCK INLET/LONG ISLAND SOU-ND ~attituck Inlet Inlet Mattituck Inlet Marina Petersons Marina Mattituck Fishing Station Mat-a-Mar Marina Town-Issued Moorings Private Docks/Bulkheads Town Ramp (Route 48) Mattituck Park District Ramp Federal Anchorage Long Creek Private Docks/Bulkheads RF~CH 2: LON~ ISLAND SOUND Town Small Boat Launch (Goldsmiths Inlet) Town Small Boat Launch (Town Beach) LONG ISLAND SOUND RI~At~t 4: LONG ISI2~ND SOUND DEC Ramp at Trumans Beach Orient-by-the-Sea I~mg Beach Bay/Narro~ River Narrow River Marina Town-Issued Moorings Private Docks/Bulkheads Town Ramp (Narrow River Road) Orient Harbor Orient Yacht Club Private Docks/Bulkheads Bay Moorings II-48 Public and Public Pri~ate Creek Ramps and Slips/Berths and Bay Small Boat Pulley Lines ~oorings Launches 78 70 4O 91 27 80-90 30-75 8-10 None None 1 1 1 1 None None None None None 93 65 15 1 49 3 5O 1 1 I I I I I I I I I I I I I I I I I I I Table II-22 (Continued) BOATINC ACTIVITY BY REACH Dam Pond Private Docks/Bulkheads ~ull Pond Private Docks/Bulkheads Town-Issued Moorings DEC Ramp (Klipp Park) Spring Pond Private Docks/Bulkheads Cleaves Point Cleaves Point Homeowners Association Bay Moorings Stifling-by-the-Sea Brewers Yacht Yard Brewers Marina Village-Issued Mooringsa Town Ramp (Sandy Beach Road) DEC Ramp (Klipp Park) Village Docka Public and Public Private Creek Ramps and Slips/Berths and Bay Small Boat Pulley Lines ltoorinRs Launches 3 0 0 80-90 29 15-20 20-25 3O 180 150 32 44a 10& n~ACH 6: ~ail~£~ I~?~D SOIr~D Pipes Cove Private Docks/Bulkheads Bay Moorings Brick Cove Brick Cove Marina Private Docks/Bulkheads Shelter Island S~d Bay Moorings Goldsmiths Boat Shop Port-of-Eg~t Albertsons Marina Mill Creek Marina Private Docks/Bulkheads (Budd's Pond, Beixedoen Estates) Small Boat Launch (Founders Landing Park) 10-15 138 15-20 160 224 86 50 25-30 10 25 II-49 1 I I I I I I I I I i I i I I I I I I Table II-22 (Continued) BOAT~NC ACTIVITY BY REACH l~blic and l~blic Private Creek R~mps and Slips/Berths and Bay S~all Boat l~lle¥ Lines Moorings Launches Hash-momuck Fond Town-Issued Moorings Town Ramp (Bayview Avenue) Conk~ng Point Bay Moorings REACH 7: S~ELTE~ ISLAND SOUND/SOuT~OLD BAY Town Creek Goldsmiths Town-Issued Moorings Town Marina Private Docks/Bulkheads Jockey Creek Private Docks/Bulkheads Town-Issued Moorings Southold Marine Center ~oose Creek Private Docks/Bulkheads Town-Issued Moorings Town Ramp (Gardens Landing Road) Shelter Island Sound Inlets Private Docks/Bulkheads (Reydon Shores, Paradise Point) Little Pecunic Bay Bay Moorings Corey Creek Laughing Waters Association Corey Creek Association Private Docks/Bulkheads Town-Issued Moorings Small Boat Launch (Minnehaha Blvd.) Richmond Creek Private Docks/Bulkheads Toum-Issued Moorings Town-Ramp (Parkers Landing) 45 15 18-23 60-70 165 45-55 80-90 2O 20 ~-40 12-16 II-50 15 19 31 24 17 12 1 1 1 I I I i I I I I / I / I i I i I I 1 I Table II-22 (Continued) BOATING ACTIVITY BY REACH Cedar Beach Point Town-Issued Moorings Private Docks/Bulkheads Town Ramp (Cedar Beach Road) Public and Public Private Creek Ramps and Slips/Berths and Bay Small Boat Pulley Lines Hoorinms Launches 4 28-33 REACH 8: LITTLE PECONIC BAY/uuTCHOGUE gaUBOR Little Peconic Bay Bay Moorings Little Creek Private Docks/Bulkheads Town-Issued Moorings Cutchosue Harbor Broadwater Cove Broadwater Cove Marina Ha~waters Association Town-Issued Moorings Private Docks/Bulkhead ~ickham Creek Cutchogue Harbor Marina Town-Issued Moorings Private Docks/Bulkheads Mud Creek Town-Issued Moorings Private Docks/Bulkheads East Creek To.n-Issued Moorings Private Docks/Bulkhead Small Boat Launch (Little Neck Road) 10-14 48 10-15 35-40 115 14-18 60-65 60-65 2O 10 21 II-51 I I i i I i I ! i I i ! I I I i I i I Table II-22 (Continued) BOATING ACTIVITY BY REACH Little Hog Neck Private Docks/Bulkhead Schoolhouse Creek/New Suffolk New Suffolk Ship Yard Turtle Docks Old Cove Yacht Club Capt. Marty's Fishing Station (boat launch) Town Ramp ~est Creek Private Docks/Bulkheads Town Ramp ~ublic and Public Private Creek Ramps and Slips/Berths and Bay Small Boat Pulley Lines Moorings Launches 60-65 55 55-60 3 7-9 ~Ra~H 9: ~T PECONIC BAY Deep Mole Creek Private Docks/Bulkheads Town-Issued Moorings James Creek Strongs Marina Village Marine Private Docks/Bulkheads Town-Issued Moorings Brushes Creek Brushes Creek Marina Private Docks/Bulkheads 50-55 90 25 40-45 3O 14-18 20 uF~CH 10: Fistulas ISLkND/BID6~ ISLAND SOVND Silver Eel Cove Private Docks/Bulkheads Hay Harbor Private Docks/Bulkheads 5 10 II-52 1 1 I I I 1 I I i I I i t I i I I i I I I ~est Harbor Table 1I~22 (Continued) BOATING ACTIVITY BY Public and Public Private Creek Ramps and Slips/Berths and Bay Small Boat Pulley Lines Moorinms Launches Goose Island Fishers Island Yacht Marina Pirates Cove Marina Private Docks/Bulkheads Civic Association-Issued Moorings Town Ramp Fishers Island Sound Private Docks/Bulkheads 7 70 12 35 10-12 90 TOTALS 3,372-3,527 527 28 Estimates of craft at private docks/bulkheads were based on 1993 aerial photographs and are preliminary. These data have been included for presentation purposes, but are not counted because they are operated/managed by the Village of Greenport. Survey of Marina Operators, February/March 1995; Trustee Issued Mooring Permits, Office of the Town Trustees Southold Department of Community Development, 3anuary 1995; Aerial photographs, Town of Southold, Aerographics, May 1993; Fishers Island Civic Association, February 1995; Southold Bay Constable, April 1995. II-53 I I I ! ! I I ! i I I I I I ~r~e 6 Table II-23 P.EACH 2: Ii~VENTORY OF HARBOR MANAGEMENT FEA'I'uKES Activities and Public Access No marinas No moorings Commercial fishing in the Sound Waterfront public open spaces -- Hashamomuck Beach (small boat launch site), Horton Lane Beach, Goldsmiths Inlet Beach (small boat launch site), Horton Point Lighthouse, Goldsmiths Inlet County Park, Peconic Dunes County Park Inlet No marine zoning Commercial deepwater fishing in the Sound Natural Resources and Water ~uality No Significant Coastal Fish and Wildlife Habitats Least Terns and Piping Plover at Goldsmiths Inlet/Peconic Dunes Goldsmiths Inlet Critical Environmental Area SA Water in Long Island Sound Reach 3: Horton Point to Rocky Point Harbor Manamement Waters and Underwater Lands In Reach 3, underwater lands and water area in Long Island Sound belong to the state; there are no Town Andros Patent creeks. Marine Activities Like Reach 2, there are no marinas or mooring facilities within this reach (see Table-2~), although limited mooring and anchoring activity has been re- ported by the Bay Constable. Similar navigational issues in the nearshore are found here, although the more hazardous areas are closer to shore and at Parker Rock, located just west of Inlet Point. Public access to Long Island Sound can be found at Hashamomuck Beach (also known as Town Beach), which is considered a small boat launch, Clarks Beach (a Town facility located next to Inlet Pond Park), Sound Road Beach (also known as 67 Steps), which has a long stairway providing access to the beach at the base of the bluff, as well as Inlet Pond County Park (undeveloped). II-55 I I I I I I I 1 I I 1 I ! I i i I i I Table II-24 REACH 3: INVENTORY OF gaRBOR NANAG~NT FEA'Z'UKES Marine Activities and Public Access No marinas Very limited mooring/anchoring in the sound No marine zoning 4 Waterfront public open spaces -- Sound Beach Road Beach, Hashamomuck Beach (small boat launch site), Clarks Beach, Inlet Pond (County Park) Commercial deepwater fishing in the sound Natural Resouzces and ~ater ~uality No designated Significant Coastal Fish and Wildlife Habitats Inlet Pond Critical Environmental Area SA Water in Long Island Sound Shellfishing closed year-round at Greenport outfall Natural Features and Water Quality As is Reach 3, there are no state designated significant coastal fish and wildlife habitats along this reach; Inlet Pond is a designated Critical Envi- ronmental Area. Water within the Long Island Sound is designated SA. The GreenPort outfall at Rocky Point impacts water quality at this location and shellfishing is closed in this area. Reach 4: Rocky Point to Orient Point Harbor Manamement Waters and Underwater Lands In Reach 3, underwater lands and water area in Long Island Sound belong to the state; there are no Town Andros Patent creeks. Marine Activities and Public Access There are no marinas or mooring facilities in Reach 4 (see Table-25), although limited mooring and anchoring activity has been reported by the Bay Constable. Along this reach, the navigation hazards exist closer to shore. Areas with navigation issues are: Orient Shoal off Truman Beach (this is marked with navigation aids by the USCG), rocks off Pettys Bight, and off Ori- ent Point. While there are no marinas here, there is a small area of MII zon- ing at the foot of Land End Lane near Plum Gut. This is a parcel that was for- merly used for boat launching, with a small ramp; a bait shop was provided as well. II-56 I I I i 1 I I I ! I ! I I I t i I I I Table II-25 ltEACH 4: Imv~NTORY OF IIARBO~[ I~qNAGI~I~I~I~T FF~A'I'u~S Activities and Public Access No marinas No moorings No marine zoning 1 DEC ramp at Trumans Beach 2 Waterfront public open spaces -- Truman Beach State Park, Orient Point County Park Commercial deepwater fishing in the sound 1.7 Acres of marine business zoning, MII Zone Namural Resources and Water Quality Plum Gut Significant Coastal Fish and Wildlife Habitat SA Water quality in the sound Within Reach 4 (as well as Reach 5) is Plum Gut. The Gut is a naturally deep channel and underwater ridge separating Long Island Sound and Gardiners Bay. With the volumes of water that pass through here during tidal changes, it is a turbulent system. Shoals that have formed provide foraging habitat for striped bass, bluefish, tautog, sum~er flounder, and scup. Plum Gut is also a major migratory pathway for striped bass; it is quite popular for recreation fishing. Trap net and lobster fisheries are also important here. Natural Resources and Public Access In Reach 4, public access is provided at Orient Point County Park and Truman's Beach State Park, which has a state-operated boat ramp. Orient Point Park -- fronting on Long Island Sound, Plum Gut, and Gardiners Bay -- has no amenities, has some parking, and trails are used to reach the water. Reach 5: Orient Point to Village of Creenport Introduction Table II-26 presents a listing of the marine activities within this reach, including the hamlets of East Marion and Orient. This area is characterized by its large waterfront parkland and significant natural resources areas. Concen- trations of maritime activity are found at Orient Point, as well as Greenport/ East Marion in Stifling Basin (or Harbor) and Gull Pond. Harbor Manamement Waters and Underwater Lands Reach 5, starting at Orient Point and heading west, begins the bay and creek side of the Town. In the bay area, including Gardiners Bay and Orient Harbor, most of the underwater land is in the hands of the state; however, II-57 I I i i i i ! I i I I I ! i I I I t Table II-26 REACH S: i~¥~TORY OF HARBOR MA~gAGg~-~T FEATU]~S ~L~r ~ne 10 44 88 Activities and Public Access Marinas -- 6 public, 4 private Creek moorings -- Narrow River (15)*, Gull Pond (29)* Bay moorings --'Gardiners Bay/Orient Harbor (50), Gardiners Bay near Stirling Harbor (30) 4 Public boat ramps -- Orient-by-the-Sea, Town ramps at Narrow River and Stirling Harbor, DEC ramp at Gull Pond 3 Waterfront public open spaces -- Orient Point Park (State), Orient Point County Park, Klipp Marine Park (Town) Commercial fishing operation, Long Island Oyster Company 56 Acres of marine business zoning -- 2.1 MI Zone and 54.6 MI1 Zone Orient Point-New London Ferry Shelter Island Sound Ferry 3 Publicly maintained channels -- Gull Pond (County), Stifling Harbor (federal) Na~ttral Resources, Shellfishing, and ~ater Quality Long Beach Bay and Orient Harbor Significant Coastal Fish and Wildlife Habitats (3,200 acres) Long Beach Bay, Orient Harbor, Orient Point and Dam Pond Critical Environmental Areas SA Waters in Gardiners Bay, Long Beach Bay, Orient Harbor SD Waters in Narrow River Productive shellfish beds at Long Beach Bay complex (seeded)a, Orient Harbor nearshore watersb, Dam Pond is fair to good Aquaculture operations off Plum Island (proposed) Notes: * At mooring capacity a Little Bay closed May I to October 31; Narrow River closed year-round b Closed May 15 to October 31 at Orient Yacht Club, north of Orient Wharf. II-58 ! I i i ! II ! ! I I i I I i I I I there are also some underwater lands within the jurisdiction of Suffolk County, and an area, mostly within Orient Harbor, that has been conveyed to private owners. Within about 1,500 feet of the shoreline~ ownership has been retained by the state. Andros PaCent lands are Long Beach Bay (also known as Hallocks Bay), east from Peters Neck Point, with the Little Bay and Narrow River subar- cas part of this system. Maritime Features and Activities Gardiners Bay is the principal waterbody within this reach. In total, both within and outside of the Town, Gardiners Bay encompasses 76 square miles. Depths from mean low water generally run about 20-30 feet, but extend to ap- proximately 120 feet deep in near Plum Gut; mean tidal range is 2.5 feet. In the Long Beach Bay system, the depth to mean low water is generally shallow, approximately 2-6 feet. A historic rock-lined channel that provided barge access to th~ Hallocks farm lies below the bay waters. Within Orient Harbor waters, the nearshore depths run about 10-15 feet; in the center of the harbor, depths are about 20 feet deep. Extending into Orient Harbor is the Orient Point Wharf Company's pier. Located off the foot of Vil- lage Lane, this is a historical feature of the Town and the village of Orient. The channel to the mainland is marked by the "Bug" lighthouse, located out in Gardiners Bay and due east of Shelter Island. This is a wide and naturally deep water channel, with depths of 34-81 feet below mean low water all the way to Greenport and Stifling Harbor. The channel is marked by federal navigation aids. Although Stirling Harbor is within the waters of the Village, it is the major harbor on the bay side of the Town, with a federally maintained channel (also marked by federal navigation aids). In the harbor, depth to mean low water is about 13 feet in the channel. There are three publicly maintained channels. Two are Federally main- tained; one is specifically for the Plum Island Ferry and the other is Stirling Harbor. Gull Fond is maintained by SCDPW. Reach 5 has 10 marinas: 6 public and 4 private, with a total of 641 slips (27 percent of the Townwide total). One of the largest concentrations of mari- na slips within the town is located in Stifling Harbor. Here, there are 362 slips provided in three marinas (about 20 percent of the total in the Town): Stirling Harbor, Brewers Marina, Brewers Yacht Yard, and most of the boating services within this reach (i.e., repair, fueling, pumpout, winter storage). Each of the Reach 5 marinas is discussed below. Orient-by-the-Sea Orient-by-the-Sea is the easternmost marina in the Town. Located near Orient Point, just east of the park and directly accessible to Gardiners Bay, Orient-by-the-Sea is part of a concentration of water-dependent uses that in- cludes the Cross Island and ~lum Island ferries. Orient-by-the-Sea has 90 slips, of which about ~ are estimated to be occupied by commercial fishing boats. A hard surface ramp is also available to the public. A range of boater amenities is available, including showers, restrooms, ice, electricity, full II-59 I I i 1 I I I I ! t I I I I i I i I repair service, fueling, and a pumpout. Winter wet storage is available, but limited. In addition to the marina, upland uses include a restaurant and snack bar. Narrow River Marina This marina is located on the Narrow River stretch of Long Beach Bay, and is a smaller recreational marina with about 65 slips. Because of the impor- tance of the Long Beach Bay shellfishing, it is required by the Town that no boats at this marina have heads; therefore, the craft are smaller boats (less than 25 feet in length). Boater amenities are provided, but there are no major repair, fueling, winter storage, or pumpout services. Access to Narrow River Marina (and the town moorings) is marked by the marina's private navigational aids through Long Beach Bay. Orient Yacht Club The Orient Yacht Club rents space from the Orient Wharf Company and pro- vides slips for about 49 craft. It is operated from the Orient Wharf pier, where boats are docked to the north, and is immediately accessible from Orient Harbor. Like Narrow River, it is a smaller marina; boater amenities are pro.- vided, but there are no major repair, fueling, winter storage, or pumpout ser- vices. This marina does offer some transient slips. Other uses on the site include the Orient Yacht Club building. Brewers Yacht Yard One of the larger (150 slips) and newer marinas in Town, Brewers Yacht Yard in Stirling Harbor provides the range of marina services~ The deeper channel into Stirling Harbor allows Brewers to handle larger craft. It also provides the full range of boater amenities -- including a laundry and pool -- and the full range of repair services, pumpout (no fueling), and winter upland storage. Other on-site uses include an eating establishment. Stirling Harbor Shipyard and Marina Along with Brewers immediately to the south, Stirling Harbor is one of the newer and larger (180 slips) full-service marinas in Tow~. It too handles larger craft and provides the full range of amenities and services, including full-service repair, pumpout, upland winter storage (some wet storage), and fueling. Transient slips are available. Other upland uses include a restau- rant and cabana. Brewers Marina Although a separate facility from Brewers Yacht Yard, Brewers Marina (con- taining a total of 32 slips) is under the same ownership. This much smaller marina does not provide on-site amenities or services, but boaters at the mari- na can use the facilities at the yacht yard. In addition to the public marinas, there are four private marinas within this reach: Gardiners Bay Estates (10 slips); Cleaves Point (25 slips); Cres- cent Beach Association (about 10 slips); and Summit Estates (about 10). (All slip counts are estimated.) As with most private marinas, these marinas have dockage but do not provide boating services. There are also private homeowners II-60 I I i i i 1 i I I I I I I i I i i i I docks and piers at various places throughout the reach, concentrated in Gull Pond. There are a total of 44 creek moorings in Reach 5 at two location~, Narrow River (15) and Gull Pond (29). In Narrow River, both the moorings and on- shore/off-shore stakes are located near the Narrow River Marina and are acces- sible from Narrow River Road. Sizes of the craft are all less than 25 feet, with most ranging between 15 and 19 feet. There is also a Town ramp at this location. It has been determined that Narrow River mooring area is at its capacity; there are 10 names on the waiting list. Perhaps the most congested waterbody in the Town, Gull Pond (about 29 acres in size), has a total of 29 Trustee-issued moorings. Boat sizes range from 5 to 35 feet, making Gull Pond one of the few creeks in Town with larger (over 25 feet) moored boats (for 1995, six of the moored craft are over 24 feet in length). In addition to the moored boats, there are an estimated 80-90 additional craft at homeowners slips and bulkheads, and a heavily used DEC ramp at Klipp Marine Park. Bay moorings are concentrated within Orient Harbor, with an estimated 50 moorings. Outside of the Harbor, there are scattered individual moorings. There is a lesser concentration near Stirling Harbor. There are also a number of private homeowners' docks at Cleaves Point, Crescent Beach, Gardiners Bay Estates, and Summitt Estates, all within the Orient Harbor area and providing about 55 slips. In total, there are four public ramps in this reach -- one at the Orient Point Marina, two town-operated ramps (at Narrow River and Stifling Harbor), and a DEC ramp at Kltpp Marine Park in Gull Pond. Large state and county parks are located at the eastern tip of the Town mainland, fronting on Plum Gut and Orient Point Park. These are: Orient Point State Park, covering the long peninsula (barrier beach) that separates Gardi- nors Bay and Long Beach Bay; and county parkland at Orient Point. Within this reach, there are 56 acres of marine business zoning, most of which is MII. MII zones are over the Orient-by-the-Sea, Cross Island, and Plum Island Ferry complex at Orient, the Long Island Oyster Farm property in East Marion (a commercial fishing operation), Stifling Harbor, and Brewers Yacht Yard and marina in Stifling Harbor. The MI zone is over the Narrow River mari- na and Orient Yacht club. Natural Features and Water Oualitv There are two state-designated significant coastal fish and wildlife habi- tats within this reach: Long Beach Bav/Hallocks Bay Approximately 1,300 acres in size, this is a rare, large, and mostly un- disturbed coastal estuarine system. It is significant for its water and land resources, including large clams, scallops beds, and osprey and waterfowl habi- tat. Protection of water quality, tidal patterns, and wetlands are key to the preservation of this habitat; development of harbor facilities is discouraged. 11-61 I 1 i i I I I I I I I i I I I I I i i Orient Harbor The Harbor covers about 1,900 acres, and is important as an overwintering area for waterfowl and fish species. Like Long Beach Bay/Hallocks Bay, it is a productive habitat for clams and scallops, and serves as a nursing and feeding area for weakfish, winter flounder, and scup. Water quality protection from sedimentation, turbidity, and oil spills is of concern, as is construction of shoreline structures in areas not previously disturbed. Ospreys could be af- fected by human disturbance -- e.g., boat landings or pedestrian traffic close to a nest -- especially during the fledgling period (March to mid-August). Orient State Park is also an important nesting area for piping plover. Both areas are also designated as Critical Environmental Areas, as is Ori- ent Point and Dam Pond. Water quality use designations are SA in Reach 5, except for the SD-desig- nated Narrow River. The most productive shellfish beds are in the Long Beach Bay complex -- this area is also seeded by the Town. Dam Pond is considered fair to good. In the bays, shellfishing is best along the nearshore waters of Orient Harbor, between Youngs Point and Long Beach Point. Most of the Long Beach Bay complex is open to shellfishing year-round; however, Little Bay is closed May 1 to October 31, and Narrow River is closed year-round. There is also a section of Orient Harbor, north of the Orient Harbor Yacht Club (Orient Wharf), that is closed May 15 to October 31. Reach 6: VXllage of Greenport ~o Founders !m~dtng Introduction Table II-27 presents a listing of the marine activities within this reach that includes the Hamlets of Greenport and Southold, and the waterbodies of Pipes Cove, Conkling Point, and Hashamomuck Pond. This area is characterized by a number of significant coastal fish and wildlife habitats: Hashamomuck Pond and concentrations of maritime activity at Mill Pond/Shelter Island Sound. Harbor Manamement Waters and Underwater Lands Hashamomuck Pond is the only Andros Patent creek within Reach 6. A number of inland waterbodies, such as Brick Cove and Budd's Pond, are man-made and therefore not part of the Patent lands. These man-made waterbodies -- and wa- ters around a number of marinas in this area -- were created as a result of soil excavation for brick-making and subsequent flooding with bay waters. With the exception of the immediate shoreline, much of the bay underwater land in Reach 6 is owned by the county and individuals. The principal waterbody in Reach 6 is Shelter Island Sound and Pipes Cove. Shelter Island Sound has an average depth of 48 feet and a mean tidal range of 2.4 feet. The deepest portion of the Sound occurs along the north side of Shelter Island, where depths up to 93 feet are found. Creeks within Reach 6 that connect with the Sound are Mill Creek/Hashamomuck Pond and some smaller creeks. Moores Drain flows into Pipes Cove. The main channel extends west II-62 I I I I I I I I I I I I I i I I i I Table II-27 KF. ACH 6: II~EI~TOIt¥ OF IM.~BOI~ l~'~AGgl~l~f FEAi'U~d~S Hat,ne 7 8 35 Actiwtties and lh~blic Access Marinas -- 5 public, 2 private Creek moorings -- Hashamomuck Pond (8) Bay moorings -- Pipes Cove (10), Conking Point (15), Budd's Pond to Tow~ Creek (10) 2 Public boat ramps -- Hashamomuck Pond Town Ramp, Port-of- Egypt 1 Dredged channel (Mill Creek) 2 Waterfront public open spaces -- Youngs Avenue, Founders Landing (small boat launch) 70.5 Acres of marine zoning, all MII ~esou~ces amd ~ater ~uality Conkling Point, Port-of-Egypt Island, Hashamomuck Pond Significant Coastal Fish and Wildlife Habitats Hashamomuck Pond and Pipes Cove Creek Critical Environmental Areas SA Waters in Shelter Island Sound, Hashamomuck Pond,. Pipes Cove SC Waters in Budd's Pond and Conkling Point Most productive shellfish beds at Hashamomuck Pond& (seeded), Pipes Cove nearshore waters, Shelter Island Sound nearshore west of Budd's Pond, fair to good in other Shelter Island Sound nearshore waters ~ote: · Conditionally closed to shellfishing, varies year to year from Greenport along the Sound, and depths generally range from 35 to 93 feet. In some of the shallower areas, fish weirs and shellfish racks are identified on the NOAA map. The major channel here is Mill Creek, the mouth of which is maintained by SCDPW. Maritime Features and Activities There are seven marinas in Reach 6, with five concentrated in the stretch around Mill Creek, including the Brick Cove, Goldsmiths, Mill Creek, Port-of- Egypt, and Albertsons Marinas. Brick Cove, Goldsmiths, and Mill Creek have their own channels to open water, while Port-of-Egypt and Albertsons share a channel (along with Budd's Pond residents) via Mill Creek, the connecting wa- terway to Hashamomuck Pond. Together these marinas provide an estimated 588 slips (25 percent of the in-water marina slips in the To%m), with an additional 70 dry-racked craft at Port-of-Egypt. Within this complex, the full range of II-63 I I I i I I I I ! ! i I I I I 1 1 I I boating services can be found, including upland storage (at grade and dry rack), the full range of repair services, and pumpout facilities. A discus- sion of each marina is provided below. Brick Cove Marina Located just east of Mill Creek Channel and directly accessible to Shelter Island Sound, Brick Cove Marina has a total of 138 slips available to a range of craft, including larger boats. Situated on man-made waterbody that was once a clay pit, Brick Cove provides boater amenities and winter upland storage, some of which is open storage and some of which is enclosed in on-site sheds. (Data are not available on repair, fueling, transient slips or ramps). Other uses on the site are recreational, including a poll and tennis courts. Mill Creek Marina A recreational marina for smaller craft, Mill Creek marina contains 50 slips. It provides basic amenities and services; no major repair, pumpout, fueling, or winter storage is available. Other uses on the site include a restaurant. Goldsmiths Boat Shoo Goldsmiths Boat Shop is one of the larger marinas in Town. Also located on a waterbody that was once a clay pit, Goldsmiths has a total of 160 slips, and provides amenities and facilities for a range of boats -- both larger and smaller craft -- including full-service repair, fueling, and pumpout. An on- site shed provides upland winter storage; there is some wet storage as well. Port-of-E~vDt Also one of the larger marinas in Town (154 slips), Port-of-Egypt marina is also one of four marinas with dry rack storage (capacity of 70), used for both winter storage and wet/dry use in the summer. As a recreational marina, Port-of-Egypt provides the range of marina amenities and services, with full- repair service, fueling, and pumpout (some additional recreational amenities are being considered). In addition to the dry rack, winter in-water and shed storage is provided. Land area on the north side of Main Road is also used for some storage. A public ramp is available, as are some transient slips. The sand spit off the marina provides a natural breakwater protection. Access to Port-of-Egypt (as well as Albertsons immediately to the west) is from the Mill Creek Channel, which is maintained bY SCDPW. Channel maintenance provides both flushing action for Hashamomuck Pond and access to the two marinas and Budd's Pond. Plans are being considered for a pool and cabana. Other uses on the site are a restaurant and a hotel. Albertsons Adjacent to the Port-of-Egypt, Albertsons provides 86 recreational marina slips. Albertsons has amenities and full repair services, but does not offer fueling or a pumpoutl Upland winter storage and repair are done from a shed on the north side of Main Road. Expansion plans have been considered for this shed. II-64 I I I i I I I I I I I I I I I I ! I I In addition to the public marinas, there is a private marina at Pipes Cove Condominium (eight slips estimated) and Harbor Lights (five). There are also private homeowners' docks at various places throughout the reach, concentrated in Budd's Pond (a man-made waterbody) and Beixedon Estates. There are only eight creek moorings in Reach 6, all at Hashamomuck Pond (estimated at 167 acres in size). These are all smaller craft (four are 10-14 feet in length and four are 15-19 feet). In addition, the water depth, the Main Road bridge (at the Mill Creek Channel), and the Long Island Rail Road bridge limit access into Hashamomuck Pond, one of the Town's prime shellfishing areas. Bay moorings number about 35 and are concentrated in Pipes Cove (10), near Conkling Point (15), and west of Budd's Pond (10). There are two public ramps in this reach -- one operated by the Town at Hashamomuck Pond and the other at the Port-of-Egypt Marina. There are two waterfront parks -- Youngs Avenue Beach and Founders Landing Park, both oper- ated by the Southold Park District. Founders Landings Park, at the western end of the reach, can also be used for launching small boats. Within this reach are 70.5 acres of marine business zoning, all MII and covering the public marinas identified above. At Mill Creek, some of this acreage is off the waterfront, across Main Road, and extending inland from the waterfront to the Long Island Rail Road tracks. Natural Features and Water Oualitv There are three state-designated significant coastal fish and wildlife habitats within this reach: Conklint Point Composed of 25'acres of narrow, sparsely vegetated, sand peninsula and protected bay, with salt marsh and tidal flats, this is an important nesting and feeding area for least terns and piping plovers. These areas are highly vulnerable to human disturbance in mid-April through July. Significant pedes- trian traffic or recreational use could negatively affect its use for nesting. It is recommended in the designation that fencing/posting be used to identify the habitat and protect the species. Impacts to salt marsh habitat due to dredging, excavation, filling, and shoreline structure construction are of key concern and could reduce Conkling Point's value as a habitat. Port-of-EzvDt Island Approximately 4 acres in size, this small sand island is located at the mouth of Mill Creek Channel, just offshore from the marine complex of Albert- sons and Port-of-Egypt. It has been identified as a natural feature used by common terns, black skimmers, and occasionally roseate terns and piping plo- vers, which are threatened and endangered species. These species are highly vulnerable to disturbance from mid-July to August. Fencing and/or annual post- ing of the island and habitat protection are recommended in the designation. Unregulated dredging and dredge spoil could be detrimental; however, if done properly, these measures could maintain and preserve the habitat. II-65 I I I I I I I I t I i I i I I I I I Hashamomuck Pond/Mill Creek This tidally connected pond of about 220 acres of shallow brackish water is one of the prime shellfishing areas in the Town. Mill Creek connects the pond to Shelter Island Sound. In addition to its aquatic resources value, osprey nests and diamond back terrapin have been know to nest in the pond. Water quality protection is of utmost importance, including protection against oil spills, chemical contamination, excessive turbidity, and such non-point sources as sewage and nutrients. Protection of tidal patterns, salt marsh wetlands, and intertidal areas is of prime importance. In addition to these areas, Pipes Cove is designated as a critical envi- ronmental area. Water quality designations throughout much of the reach are SA, except for SD-designated Budd's Pond and Conkling Point. The most productive shellfish bed is Hashamomuck Pond, which is seeded by the Town, It is conditionally closed to shellfishing. Fair to good shellfish- lng is in the bays at Pipes Cove and near Budd's Pond. None of these areas is affected by the Shelter Island outfall. Reach 7: Founders Tmnding to Indian Neck Introduction Table II-28 presents a listing of the marine activities within this reach that includes the Hamlet of Southold, Great Hog Neck, and 6 of the Town's 24 creeks. It is characterized by a number of significant coastal fish and wild- life habitats, and a concentration of maritime activity in the Town/Jockey/ Goose Creek complex, most of which is moorings. Harbor M~m~ement Waters and Underwater Lands There are a six Andros Patent creeks in this reach -- the Town, Jockey, and Goose Creek complex being the largest in water acreage. Cedar Beach, and Corey and Richmond Creeks, are also Patent Creeks. Outside these inland water- bodies, underwater lands are owned by the state; however, out from the shore- line, there are sizable private underwater holdings, as well as underwater lands conveyed to the county. The two main waterbodies in Reach 7 are Shelter Island Sound and Little Peconic Bay. Within Reach 6, the creeks connected with Shelter Island Sound are Town, Jockey, and Goose. Where these creeks meet the bay is also known as Southold Bay. Great Hog Neck separates Shelter Island Sound from Little Peco- nic Bay. Little Peconic Bay has a surface area of approximately 22 square miles -- of which about half is within the Town -- and an average depth of 21 feet. The deepest portion of Little Peconic Bay occurs near Cedar Beach Point, where depths range from 58 to 70 feet. Within this reach, the federally marked channel narrows between Paradise Point (Southold) and Crab Creek (Shelter Is- land), and between Cedar Beach Point (Southold) and Jessups Neck (Southampton), tide rips are reported. II-66 I I I I I I i i I I I i I I I I I I I ~r~e 10 92 Table II-28 ~CH 7: ~NTORY OF ~A~BOR MANAG~.NT FEA'£oK~S Activities and Public Access Marinas -- 2 public, 8 private Creek moorings -- Town Creek (15), Jockey Creek (9), Goose Creek (31)*, Corey Creek (17), Richmond Creek (12)*, Cedar Beach Point (4) 49 Bay moorings -- off Town Creek (10), off Goose Creek (5), off Cedar Beach (4), off Little Neck (20) 4 Town public ramps -- Gagens Landing Road, Cedar Beach Read, Parkers Landing Road, Pine Neck Road 4 SCDPW-maintained creek channels -- Cedar Beach, Goose/Jockey/ Town Creek complex, Corey Creek, Richmond Creek 4 Waterfront public open spaces -- Goose Creek, Emerson Beach, Laughing Waters (small boat launch), Cedar Beach County Park 6.4 Acres of marine zoning -- MI 3.1 acres, MII 3.3 acres Commercial shellfishing (see below) Natural b Resources and ~ater Quality Cedar Beach Point, Corey Creek, Richmond Creek and Beach, Jockey Creek Spoil Area, Significant Coastal Fish and Wild- life Habitats Goose Creek and Peconic Bay Critical Environmental Areas Most productive shellfish beds in Town*a (seeded), Jockeya (seeded), Goosea (seeded), and Corey (seeded) Creeks Fair to good shellfish beds in Richmond Creekb, Cedar Beach Creek, nearshore bay waters off Cedar Beach Point and Hog Neck SA Waters in Shelter Island Sound, Little Peconic Bay, Town Creek, Goose Creek, Corey Creek, Richmond Creek SC Waters in Jockey Creek (above bridge) At mooring capacity Closed April 15 to December 31 Closed April 1 to October 31 II-67 I I I I I I I I I I I I I I I I I I I SCDPW maintains navigation channels in Reach 7 at Cedar Beach, the Goose/Jockey/Town creek Complex, Corey Creek, and Richmond Creek. Maritime Features and Activities With Reach 7 there are 10 marinas, although only 3 -- Goldsmiths at Found- ers Landing, Southold Marine Center on Jockey Creek, and the Southold Park District Marina on Town Creek -- are public, providing a total of 125 slips. Unlike Reach 6, these marinas are spread some distance apart, and there is no apparent concentration of marina activity. Each of these marinas is described below. Goldsmiths Goldsmiths at Founders Landing (45 slips) is operated in conjunction with the Goldsmiths marina previously described. All amenities and services are provided at the other marina. There are some upland sheds at this location that provide some winter storage. Also, Sea Tow rents a slip here. Access to the marina is direct from Town Creek and Southold Bay. Southo%d Marine Center Southold Marine Center provides 65 slips, just under the Townwide average, at the head of Jockey Creek. Access is via the Jockey Creek channel, and the mix of craft is basically smaller boats (under 25 feet) due to the clearance limitations of the Oaklawn Avenue Bridge. Boater amenities, including a ships' store, are provided, as is full repair service; no fueling is available, and with the smaller boat sizes, pumpouts are not provided. A shed is' used for winter storage, and within the shed is a dry rack storage system with a capaci- ty for 100 boats; however, this system is not currently used. Southold Park District Marina Located at the head of Town Creek, this marina basically provides dockage for about 15 craft. It does not provide amenities or services. The balance of the dockage in the reach is provided at private homeowners' and private associations. There are seven private marinas in this reach: Plock Property (7 slips); The Cove (15 slips): Reydon Shores (50 slips); Para- dise Point (10 slips); and Munnakona Waters Association (17 slips). (All slip counts are estimated.) These marinas have dockage but do not provide boating services. There are also private homeowners' docks and piers at various places throughout the reach, including Town, Goose, and 3ockey Creeks, and Cedar Beach Point. With 92 moorings, this reach accounts for nearly 40 percent of all the moorings in Town. Access channels to all of these moorings are maintained by SCDPW. On the Southold bay side of the reach, moorings are concentrated in Goose Creek (31), Town Creek (15), and Jockey Creek (9). In addition to Gull Pond, Town and Jockey Creeks handle the larger craft moored craft in Town. For 1995, of the 24 boats in these creeks, 17 (70 percent) are over 24 feet; 11 are over 30 feet. Goose Creek, though handing more craft, is used for smaller boats (nearly 60 percent are 15-18 feet long), with only one boat longer than II-68 I I I I I I I I I I I I I I I I I I I 24 feet for 1995. Goose Creek is at its capacity, with only one person on the waiting list. According to the Trustees Office, Town and Jockey Creeks are becoming crowded. On the Hog Neck/Little Peconic Bay side of the reach are Corey Creek (17), Richmond Creek (12), and Cedar Beach Point (4). In these creeks, the majority (90 percent) 24 feet long or under. Richmond Creek is at capacity at the mouth of the creek, but there is no one on the waiting list. Bay moorings, totalling an estimated 49 in this reach, are concentrated, mostly near Little Neck. There are four public ramps in this reach, all Town ramps: one to Goose Creek, one to Town Creek, one to Hog Neck Bay, and one to Richmond Creek. There is also a small boat launch at Corey Creek (Laughing Waters). Waterfront open spaces are Goose Creek Park, Emerson Beach Park (Southold Park District), and Cedar Beach County Park. Within Reach 7, there are 6.4 acres of marine business zoning. Of this total, 3.1 acres cover the Southold Marine Center and 3.4 acres cover the Gold- smiths Marina. Natural Features and Water Oualitv There are four state-designated significant coastal fish and wildlife habitats within this reach: Cedar Beach Point Composed of about 85 acres of Suffolk County-owned land, Cedar Beach Point is a natural community of sparsely vegetated sand beach, dredge spoil deposits, open bay area, mudflats, and salt marsh. It is also home to the Suffolk County Community College Seuthold Marine Center (the local environment provides a living laboratory for the students) and the Town's shellfish seeding program. Avian species observed at the Point include nesting least terns, piping plovers, osprey, and diamondback terrapin. Jockey C~eek S~oil Area This 10-acre sand spit and dredge spoil feature is located at the mouth of Jockey Creek. It has served as a nesting area for least terns and piping plo- ver. Concerns are recreational use and human disturbance that could affect nesting. As stated in the designation, dredge spoil disposal could be used to maintain and enhance the habitat. Corey Creek Corey Creek is 130 acres of tidal creek, salt marsh, mudflats, and beach. Though its shoreline is partially developed and bulkheaded, this creek is im- portant to shellfishing (clams and scallops) and waterfowl feeding. Protection of water quality, tidal patterns, wetlands, and salt marsh is important. Inap- propriately programmed dredging could be detrimental, but can be designed to maintain or improve habitat for nesting shorebirds by setting back vegetative succession. Posting of nesting areas would also serve to protect such species as osprey. II-69 I I I I I I I I I I I I I I I i I I t Richmond Creek and Beach Approximately 135 acres in size, Richmond Creek and Beach is a sand penin- sula, salt marsh, and tidal creek. As an aquatic habitat, Richmond Creek is valuable for finfish, shellfish, and crustaceans, including blue claw crabs, clams, and scallops. Its principal value is as an avian habitat for annual nesting diamondback terrapin, possibly least terns, and piping plover. In addition to these areas, Goose Creek and Peconic Bay are designated as critical environmental areas. Water quality use designations throughout the reach are SA, except for the Jockey Creek waters above the bridge that are SC. This is one of the most highly productive reaches for shellfish within the town. Of the six creeks, four are considered most productive, and all but Cedar Beach Harbor are seeded by the Town. In addition to being major mooring area concentrations, the Town/Jockey/ Goose creek complex is also a most productive shellfishing area, and all of the creeks are seeded by the Town. Harvesting time, however, is limited to January 1 through April 14. On the Hog Neck Bay/Little Peconic Bay side, Corey Creek beds are most productive, and Richmond Creek and Cedar Beach Creek are fair to good. Both Cedar Beach Creek and Corey Creek are open year-round. Harvesting is permitted in Richmond Creek from November 1 through March 31. Fair to good shellfishing is in the bays in both Southold Bay and Hog Neck/Little Peconic Bay nearshore waters. Reach 8: Indian Neck to Downs Creek Introduction Table II-29 presents a listing of the harbor management features within this reach that covers the hamlets of Peconic and New Suffolk-Cutchogue, and the waterbodies of Little Peconic bay and Cutchogue Harbor. This area is char- acterized by a number of significant coastal fish and wildlife habitats, and a concentration of maritime activity in Cutchogue Harbor and New Suffolk~ Harbor Management Waters and Underwater Lands Ail of the creeks in Reach 8 are natural, with a total of 7 Andros Patent Creeks, including Little, Mud, East, Wickham and West Creeks, and Hog Neck and the Broadwater Cove complex. Schoolhouse Creek at New Suffolk is a man-made creek. Lands underwater in Great Peconic Bay are mostly held by the state, with some land in the jurisdiction of the county and some privately held. The major waterbody within Reach 8 is Little Peconic Bay. That portion of the bay lying between New Suffolk and Little Hog Neck is referred to as Cut- chogue Harbor. The marked' channel becomes a little shallower and less defined in sections of the western reaches; in the North and South Races on both sides of Robins Island, water depths are 5-20 feet. Navigation aids identify the channel at these locations. Creek channels within this reach maintained by $CDPW are Little and Mud Creeks, Broadwater Cove, and East, West, and Wickham Creeks. II-70 I I I I I I I I I I I I I I I I I I I Table II-29 P~ACH 8: INVENTORY OF ItAI~OR lt~lAGl~lgl~ FEA'f0agS Marine 9 42 Activities and Public Access Marinas -- 6 public, 3 private Creek moorings -- Little Creek (9), Broadwater Cove (7), Wickham Creek (2), Mud Creek (10), East Creek (21) 70 Bay moorings -- Little Psconic Bay at Nassau Point (10), Cutchogue Harbor (50), Little Peconic Bay off New Suffolk (10) 4 Ramps -- Broadwater Cove, New Suffolk Shipyard, Cutchogue Harbor (1 Town ramp at Jackson Street) 4 Small boat launches -- Mason Drive (Haywaters Cove), Grath- wohl Road (West Creek), Little Neck Road (East Creek), and Wilsons Landing* (East Creek) 6 SCDPW-maintained navigation channels (only the mouth at Broadwater Cove and Mud Creek) 3 Waterfront parks *- New Suffolk Town Beach, Nassau Point (Park District) Community Beach, and Pequash Avenue Park Commercial shellfishing Commercial operations centered at Schoolhouse Creek 19.3 Acres of marine zoning (MI 11.7 acres, MII 7.6 acres) Natural Resources and Water Quality Little Creek and Beach, Cutchogue Harbor Wetlands, Robins Island Significant Coastal Fish and Wildlife Habitats West Creek and Peconic Bay Critical Environmental Areas SA Waters in Little and Great Peconic Bays SC Waters in Schoolhouse Creek, West Creek (northern area) Most productive shellfish beds in Cutchogue Harbor nearshore waters and Robins Island nearshore waters Fair to good shellfish beds in Broadwater Cove (seeded), Haywaters Cove, Mud Creek, East Creek&, Wickham Creeka, West Creek (seeded), Little Peconic Bay off Nassau Point Aquaculture operations off Robins Island * Not operative. · Closed year-round II-71 I I i I I I I I I I I I I I I I I I I There are six creeks in Reach 8 maintained by SCDPW: Little, East, West, and Wickham Creeks. Broadwater Cove and Mud Creek were originally dredged by SCDPN, but now only the mouth is dredged. Maritime Activities and Public Access There are nine marinas in Reach 8 -- six of which are public -- with three private marinas. These marinas are also spread out along the various waterways in the reach, although a concentration is found New Suffolk, where about 160 slips are located (about 7 percent of the Town total). There is also a concen- tration of slips (public and private marinas), as well as launches and creek and bay moorings in the Cutchogue Harbor area. Each of these aotivities is de- scribed below. Broadwater Cove Marina Broadwater Cove is a small marina located at the head of the cove, with a capacity of 48 slips. It is a full-service marina with repair and upland stor- age (no fueling or pumpouts). The mouth of the channel is maintained by SCDPW. Cutchogue Harbor Marina The largest marina in this reach is Cutchogue Harbor. Located at the mouth of Wickham Creek, Cutchogue Harbor Marina has a capacity for 115 boats. Access is via SCDPW-maintained Wickham Creek. Boater amenities are provided here, along with a ships' store; services are basic repair, fueling, and pump- out. A public ramp is available. There is no upland storage, but some in- water wet storage is provided. New Suffolk Ship Yard New Suffolk Shipyard has a total of 65 slips, some of which are used by transient craft. Situated at the head of this man-made short creek, the Ship- yard provides the range of boater amenities and a ship~' store. Services in- clude full-service repair and fueling; a pumpout system is proposed with a grant pending. Upland storage is provided, along with in-water wet storage (a bubble system). Tuthilt Docks Though not a formal marina, the Tuthill docks along the southern side of the creek provide facilities for an estimated 55-60 craft. There are no ameni- ties or service provided in conjunction with these docks. Anchor Inn Marina Facing out to Little Peconic Bay is the Anchor Inn Marina. A small marina with a total of 35 slips, Anchor Inn provides amenities, basic repair services, and upland winter storage, but does not have fueling or a pumpout. Other uses at the site are a restaurant. II-72 I I I I I I I I I I I I I I I I I I I Capt, Marty's Fishing Station Located near the Anchor Inn, there are no slips at Capt. Marry's; rather, this is a small boat rental for fishing in Little Peconic Bay. Also on the site is a bait and tackle shop and a small boat launch. There are two private marinas in Reach 8, the largest of which is the Hay- waters Cove Association, with an estimated 10-15 slips; the other is Old Cove Yacht Club (3 slips). There are a total of 42 creek moorings in Reach 8 (about 20 percent of the mainland total), most of which (21) are East Creek, Mud Creek (10), or Broad- water Cove (7), and all of which share the same access from Cutchogue Harbor (at Fishermans Beach). A few of these boats are larger (for 1995 five are longer than 24 feet), but the majority (85 percent) are smaller than 24 feet. There are also nine moorings at Little Creek, which is connected to Lit- tle Peconic Bay on the north side of Nassau Point. Most of these craft are under 25 feet. Bay moorings number about 70 in this reach and are concentrated at Cutch- ogue Harbor (50). Other areas are off Nassau Point (10), off New Suffolk (10), near Conkling Point (15), and west of Budd~s Pond (10). There are two public ramps in this reach; three are provided with marinas (Broadwater Cove, Cutchogue Harbor, and New Suffolk Shipyard) and a town ramp at Jackson Street in New Suffolk. There are also small boat launches in Hay- waters Cove -- two in East Creek and one in West Creek. Waterfront public open spaces include New Suffolk Town Beach, Nassau Point Community Beach, and Pequash Avenue Park. Within this reach are 19.3 acres of marine business zoning, with 11.7 acres of MI1 zoning (New Suffolk waterfront and Cutchogue Harbor Marina) and 7. acres of MI zoning (New Suffolk Shipyard and Broadwater Cove Marina). Natural Features and Water Oualitv There are three state-designated significant coastal fish and wildlife habitats within this reach: Little Creek and Beach About 45 acres in size, Little Creek and Beach is a small coastal beach/ creek/wetland that provides nesting habitat for diamondback terrapin (and per- haps piping plover) from April to July. The waters of the creek are also im- portant to marine shellfish, and are used for crabbing and clamming. Issues here are habitat and water quality protection from dredging, though proper disposal could be used to maintain the habitat. Cutchogue Harbor Wetlands This approximately 490-acre habitat is composed of: the shallow waters of Cutchogue Harbor (205 acres) and the wetlands of Wickham Creek (70 acres); Haywa~ers Cove (190 acres), a complex of salt marsh islands, mudflats, and open II-73 I I I I I I I I I I I I I I I I I I I water in three creeks -- East and Mud Creeks and Broadwater Cove; and Meadow Beach, an approximately 25-acre natural area that includes a 15-acre wetland owned by the Nature Conservancy. These are important habitats for clams, bay scallops, and conch. Ribbed mussels and fiddler crabs are also abundant, and the wetlands and creeks serve as nursery and feeding areas (April to November) for estuarine fish species, including scup, weakfish, bluefish~ and winter flounder. Avian species associated with significant habitat include green- backed heron, yellow-crowned night heron, mallard, black duck, osprey, least tern, piping plover, and diamondback terrapin. There have been concentrations of least terns at Meadow Beach, and the wetlands and creeks provide valuable feeding areas. Concerns and protection of features include maintaining the high water quality of the creeks and the tidal patterns, protection of wetlands and fish migration paths, and limits to human disturbance and recreational activities in the April-to-August nesting periods. Robins Island A mostly undeveloped island of some 450 acres, Robins Island contains a variety of coastal ecosystems, including about 4 miles of stony beach, fresh- water and tidal wetlands, an island pond and bog, stands of mature trees, grassland, and maritime shrublands. Waters in the vicinity of the island pro- vide recreational fishing and commercial bay scallop opportunities; protection of the water quality is a key issue. In addition to these areas, West Creek and Peconic Bay are designated as critical environmental areas; there are also piping plover nests reported along the shore between West and Downs Creeks. Water quality use designations throughout the reach are SA, except for' Schoolhouse Creek and the headwaters of West Creek. In this reach, the most productive waters are considered to be within Cutchogue Harbor and around Robins Island. Aquaculture operations are also in place in the nearshore waters of the island. There are seven creeks within this reach, none of which are "most productive" shellftshing areas; however, Broadwater/Haywaters Coves, and Mud, East, Wiclduam, and West Creeks, are fair to good. Broadwater Cove and West Creek are seeded. Shellfishing is also fair to good in Little Peconic Bay off Nassau Point. Reach 9: Do~ns Creek to To~n Line Introduction Table II-30 presents a listing of the harbor management features within this reach, covering the hamlets of Mattituck and Laurel and Great Peconic Bay. This area is characterized by natural areas east of James Creek and a concen- tration maritime activities within James Creek. II-74 I I I I I I I I I I I I I I I I I I I Table II-30 REACH ~: INvt~NTORY OF HARBOR. MANAG~'fI~IT ~F.,A'.t'uI~ES Narine Activities and Public Access 4 Marinas -- 3 public, 1 private 25 Creek moorings -- Deep Hole Creek (5), James Creek* (20) 40 Bay moorings -- Great Peconic Bay at Deep Hole Creek (20), off James Creek (10, James Creek to Town line (10) 1 Public ramp (Strongs Marina) -- no small boat launch 4 SCDPW-maintained navigation channels -- Deep Hole, James, Halls, and Brushes Creeks 1 Waterfront park -- Veterans Memorial Park Commercial shellfishing (see below) 6,3 Acres of marine zoning -- all MI Natural Resources and ~ater Quality Downs Creek Significant Coastal Fish and Wildlife Habitat Halls Creek, Deep Hole Creek, and Peconic Bay Critical Envi- ronmental Areas West Creek to Downs Creek piping plover nesting areas SA Waters in Great Peconic Bay, Deep Hole Creek, James Creek SC Waters in James Creek (north), Brushes Creek Fair to good shellfish beds in Deep Hole Creeka and Great Peconic Bay, offshore * At mooring capacity · Closed April 1 to December 14 II-75 I I I I I I I I I I I I I I I I I I I Harbor Management Waters and Underwater Lands The main waterbody within Reach 9 is Great Peconic Bay. In addition to its area within the Town, Great Peconic Bay has a surface area of approximately 30 square miles and an average depth of 15 feet. The deepest portion of Great Peconic Bay is 26 to 36 feet, due west of Robins Island. Mean tidal range is 2.5 feet. Creeks that are maintained by SCDPW are James, Brushes, Deep Hole, and Halls Creeks. Downs Creek is not maintained. Like Reach 8, all the Reach 9 creeks are natural, and are covered by the Andros Patent creeks, including Downs, Deep Hole, James, and Brushes Creeks. Within the bay, the majority of underwater land is held by the state; there are some parcels in the jurisdiction of the county. There are three SCDPW-maintained creeks within this reach: Deep Hole, James, and Brushes Creeks. Maritime Activities and Public Access Within Reach 9 are four marinas; three are public. Two are located in James Creek, providing a total of 115 slips. Each of these marinas is de- scribed below. Strongs Marina Located off the James Creek channel, Strongs is the largest and only full- service marina in this reach. In addition to having 90 in-water slips, a dry rack capacity of 60, and a ramp, Strongs provides a variety of boating ameni- ties, and the full range of services as with full repair services, fueling, and pumpout; winter storage is provided in-water (a bubble system), upland, and dry rack. In addition, upland recreational amenities are available. Village Marine Further north up James Creek is Village Marine. With 25 slips, Village Marine is a small marina providing amenities, a ships' store, basic repair ser- vices, fueling, and upland winter storage; no pumpout is available. Brushes Creek Marina This marina, located on Brushes Creek just below the bridge, provides dockage for about 30 small craft. No amenities or services are available. There are a total of 25 creek moorings in Reach 9, nearly all (20) in James Creek (there are also 5 in Deep Hole Creek). James Creek is considered to be at capacity, but there is room for boats under 16 feet and there is no one on the waiting list. Most of these craft (about 20 percent) are under 24 feet in length. Deep Hole Creek boats are 15-19 feet long. Bay moorings number about 40 in this reach and are concentrated off Deep Hole Creek (about 20) and James Creek (about 10). Strongs is the only ramp in this reach; there are no small boat launches. There are waterfront public open spaces at Veterans Memorial Park. II-76 I I I I I I I I I I I I I I I I I I I Within this reach, there are 6.3 acres of marine business zoning, all MI and covering the marinas discussed above. Natural Features and Water Quality There is one state-designated significant coastal fish and wildlife habi- tat within this reach. Downs Creek is a 70-acre tidal estuary composed of salt marsh, open water, and mudflats, with mature woodlands bordering the marsh. The creek has never been dredged. It is important to nursery and feeding of scup and winter flounder, and provides habitat for ribbed mussels and fiddler crabs. Avian species include osprey, herons, egrets, and diamondback terrapin. Only dredging for flushing is recommended. Piping plover are also reported along the shoreline between West and Downs Creeks. Key issues are water qual- ity, natural shoreline protection, and protection of nesting species (piping plover) from recreational activity. Also, Halls, Deep Hole, and West Creeks, and Great Peconic Bay, are desig- nated as Critical Environmental Areas. SA waters are throughout the reach, except the north stretch of James Creek and all of Brushes Creek. There are no excellent shellfish beds within this reach. Both Deep Hole Creek and portions of Great Peconic Bay are considered fair to good. Reach 10: Fishers Island Introduction Table II-31 presents a listing of the harbor management features within the Fishers Island reach. The island is characterized by natural areas, a concentration of maritime activities within West Harbor, and the ferry service in Silver Eel harbor, the island's link. to the New England mainland. Develop- ment on the island is concentrated to the west, around West Harbor, Hay Harbor, and Silver Eel Pond. The Fishers Island Civic Association Harbor Committee has released its own Harbor Management Plan. A copy of that plan is provided in the Appendix. Harbor Manag%ment Waters and Underwater Lands There are no Andros Patent lands at Fishers Island. Underwater lands are within the jurisdiction of the state. The waters of Fishers Island Sound and Block Island Sound -- to the north and south, respectively -- frame Fishers Island. The shoreline is rugged and irregular, and contains a number of coves, harbors, and beach areas. The deep- er main channel lies north of the North Dumpling lighthouse; between (or south of) the lighthouse and the islands are a number of rocky islands -- South Dump- ling and Flat Hammock -- as well as submerged rocks and other hazards to navi- gation. There is a channel into Silver Eel Pond, the port for the New London Ferry and the home to a USCG station. The West Harbor channel is federally II-77 I I I I I I I I I I I I I I I I I I I Table 11-31 REACH 10: I~¥~.~TORY OF HARBOR WANAGEI~F=NT FEA'£u~S Narine 3 90 1 1 1 Activities and Public Access Marinas -- all public Moorings in West Harbor Town ramp at West Harbor Federally maintained navigation channel in West Harbor Waterfront park -- Fishers Island Park Commercial fishing Aquaculture operation in West Harbor and Island Pond Acres of marine zoning -- all MII Nat~ral Reson~ces and ~ater ~ality Fishers Island Beaches, Hungry Point Islands, The Race, Significant Coastal Fish and Wildlife Habitat SA Waters in Fishers Island and Block Island sounds Most productive shellfish beds -- West Harbora and East Harbor (portions) Note: · Inner harbor closed year-round, outer harbor closed May 15 to September 30 marked and maintained. It has a navigable depth of 12 feet for a width of 100 feet. Like the Sound waters of the mainland, the nearshore waters around Fish- ers Island also have submerged rocks that can pose a hazard to navigation. West Harbor, the maritime center on the island, encompasses upwards of 165 acres, and has an average depth of approximately 3 feet near the head of the Harbor and 10 feet at the mouth. Hay Harbor covers about 60 acres and has an average depth of 7 feet. The tidal range of both harbor areas is about 2.5 feet. Silver Eel Pond is small tidal inlet of approximately 5.5 acres, with an average depth of 14 feet. Maritime Activities and Public Access On Fishers Island, there are three marinas; all are public and located within West Harbor. These marinas provide slips for approximately 89 craft (about 5 percent of the Town total). A range of services is available, but there is no pumpout on the island. Each marina is described below. Pirates Cove Located inland on the harbor, Pirates Cove provides a total of 12 slips. It has boating amenities and a ships' store, and provides basic repair service and upland winter storage. 11-78 I I I I I I I I I I I I I I I I I I I Goose Island A small marina of 7 slips, Goose Island provides boating amenities and basic repair service. It is the only fueling station on the island. Winter wet storage is provided. There is also a restaurant on the sit~. Fishers Island Marina Located adjacent to Pirates Cove, Fishers Island Marina -- with a total of 70 slips -- is the largest dockage on the island with the capacity to handle both small and large craft, up to 70 feet. Transient slips (about 10) are available. It provides boater amenities, but the services are provided from Goose Island. West Harbor contains the largest single concentration of moorings in the Town. Granted the authority by the Town Board to issue mooring permits and set fees on the island, the Fishers Island Civic Association has issued a t~tal of 90 moorings, about 30 of these to non-islanders. As compared to the mainland, most of the boats in West Harbor are large, with only 25 of the local moored craft under 25 feet (about 36 percent of local total); boats of 25-35 feet total 26 (43 percent), and there are 16 over 35 feet (21 percent). No data is available on the length of non-islander boats. There are also a number of private docks and finger piers on the island. These are concentrated in West Harbor and Hay Harbor, where the Fishers Island Yacht Club is located. The island's only ramp is a Town ramp located at the head of West Harbor. On Fishers Island, there are acres of marine business zoning; all are MII and cover the Goose Island Marina and east and west shores of Silver Eel Cove at the Fishers Island-New London, Connecticut Ferry (owned by the Fishers Island Ferry District). Other notable features on the island are the U.S. Naval installation and a U.S. Coast Guard facility. Natura% Features and Water Oualitv There are three state-designated significant coastal fish and wildlife habitats within this reach: Fishers Island Beaches Three beaches compose this complex: Mud Pond Beach (8 acres), Middle Farms Beach (17 acres), and Stone Beach (10 acres). Mud Pond Beach, at the east end of the island, is a protective border barrier of dense shrubs. Middle Farms Beach is a sand, gravel, and cobble beach, interspersed with shrubs, that is bisected by a tidal connection between Beach Pond/Island Pond and Block Island Sound. Stone Beach, at the entrance to Hay Harbor, is a protective spit composed of sand, gravel, and pebbles. II-79 I I I I I I I I I I I I I I I I I I I Each of these beaches has provided important nesting habitat for common terns~ p£ping plover, roseate terns, and osprey. Gull rookeries and a range of shorebird species are present. Protection of these habitats~ particularly during the nesting seasons, is of key importance. Hungry Point Islands Located at the northwest part of East Harbor, the Hungry Point Islands are a complex of small islands, each smaller than 3 acres. These isolated is- lands provide breeding habitat to double-breasted cormorants; up to 1,400 of the birds have been observed, along with nesting colonies of great blacked bulls and herring gulls. Winter haul-out for harbor seas (December to early May) has also been observed; it is one of five known haul-out areas on Eastern Long Island. Protection of species during the peak season of use is the prin- cipal issue at this habitat. The Race Similar to Plum Gut, The Race is a major deepwater channel that links Long Island and Block Island Sounds. More than 150 feet deep in some places, The Race is a major migratory pathway that provides prime foraging habitat for striped bass, bluefish, tautog, summer flounder, scup, and lobster. It is a popular area for sport fishing. Beaches are on the south shore; they include South, Isabella, and Choco- mont Beaches, and Barleyfield Cove. Prime areas for shellfishing are in West Harbor (the inner Harbor is open to shellfishing October 1 through May 14) and portions of East Harbor. There is an active oyster aquaculture operation, just outside inner West Harbor on the east side. II-80 I I I I I I I I I I I I I I I I I I I BIBLIOGRAPHY "lst National Marina Research Conference Compendium," International Marina Institute, January, 1989. "A Guide to Recreational Boating Areas," United States Department of Transportation, June, 1983. "Application for Maintenance Dredging, Richmond, Jockey and Town Creeks," October, 1982. "Assessment of the Effects of the Periodic Removal of Sand from the Western Jetty at Mattituck Inlet on Shore Erosion of Contiguous Shoreline Segments," a report prepared for the Mattituck Park District by J.R. Schubel, Marine Sciences Research Center, Stony Brook, New York. "Boats, Docks and Wharves, Chapter 32," Code of the Town of Southold, amended through April 25, 1994. "The Catskill Harbor Study," prepared for the Catskill Local Waterfront Revitalization Program Committee, Catskill, New York by Geoffrey Steadman, March, 1992 (revised April 1993). "Coastal Barrier Resource System Units in New York State," New York State Department of State, Division of Coastal Resources and Waterfront Revitalization. "Code of Federal Regulations, Navigation and Navigable Waters, 33 Parts 1 to 124," National Archives and Records Administration, revised to July 1994. "Demonstration and Evaluation of Artificial Wetland Construction for Stormwater Runoff Treatment, A Proposal to the Near Coastal Waters Program of the Environmental Protection Agency," Cornell University Cooperative Extension of Suffolk County, (undated). "Development of a Commercial Fisheries Industry Strategy for the State of New York," prepared for the New York State Division of Coastal Resources and Waterfront Revitalization by Kearney/Centaur, a Division of A.T. Kearny Inc., December, 1989. "Development of a Directory of Boater Pumpout Facilities and an Assessment of Pumpout Operators and Use in New York and Connecticut Marine Waters," New York Sea Grant Service, Cornell University, State University of New York, National Oceanographic and Atmospheric Administration, December, 1993. "Fishers Island Harbor Management Plan," February 1995. "Flood Damage and Prevention, Chapter 46," Code of the Town of Southold, amended through September 25, 1993. "Guidelines for Preparation of Harbor Management Plans," New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, (no date). B-1 I I I I I I I I I I I I I I I I I I I "Harbor Management Regulations," 19 New York Codified Rules and Regulations, Part 601 (no date). "Inventory of Natural Resources in the Mattituck Creek Study Area," Mattituck Inlet Advisory Committee, prepared by Larry Penny. "Long Island Sound Coastal Zone Management Plan, Policy 2 and Policy 5," New York Department of State, Division of Coastal Resources and Waterfront Revitalization, 1994. "Marina Inventory," Lore Lippman, July-August, 1987. "Marine Recreational Fishing Access Plan and Generic Environmental Impact Statement," New York State Department of Environmental Conservation, March 1993. "Marine Zone Development by Subarea," (no date) "Mattituck Creek Watershed Study, Phase I, Inventory of Existing Conditions and ~dentification of Development Opportunities," Suffolk County Department of Planning, April 30, 1981. New York State Navigation Law, Sections 32-e, 46, 46-a. "New York State Executive Law Article 42, Waterfront Revitalization of Coastal Area and Inland Waterways," New York Department of State, Division of Coastal Resources and Waterfront Revitalization, 1992. "Parking at Beaches, Chapter 65," Code of the Town of Southold, amended through June 25, 1994. "Pilot Project to Encourage Proper Handling and Recycling of Marine Debris at a Series of Small Ports in New Jersey," New Jersey Department of Environmental Protection, December, 1990. "Shellfish, Chapter 77," Code of the Town of Southold, amended through October 1, 1992. "Shoreline Survey: Great Peconic, Little Peconic, Gardiners, and Napeague Bays, Special Report #5, "Marine Sciences Research Center, State University of New York, M.T. Eisel, May, 1977. "Significant Fish and Wildlife Habitats, Town of Southold, New York State Department of State. "Town of Barrington Rhode Island Harbor Management Plan" November 12, 1991. "Town of Southold, Draft Local Waterfront Revitalization Program, Section 2.0, Inventory and Analysis," Cashin Associates, P.C., September 1994. "Town of Southold, Draft Local Waterfront Revitalization Program, Appendices to Section 2.0, Inventory and Analysis," Cashin Associates, P.C., September 1994. B-2 I I I I I I I I I I I I I I I I I I I "Town of Southold, Draft Local Waterfront Revitalization Program, Section 4.0 Proposed Land and Water Uses and Proposed Projects and Section 5.0 Techniques for Local Implementation," Cashin Associates, P.C., September 1994. "Town of Southold Master Plan Update and Background Studies," Raymond Parish Pine & Wiener for the Town of Southold, March 1985. "Town of Southold Parking Data for Marinas," September 1989. "Policy 2, Water Dependent Uses in Mi and M2 Districts (not yet published) "Policy 15, Waterfront Fortification" "Policy 31, Water Quality Assessment" "Policy 12, Natural Waterfront Fortification Features" "Waterway Guide," Boating Industry Magazine, 1993. "Waterfront Access Inventory by Subarea" "Wetlands, Chapter 97," Code of the Town cf Southold, amended through April 25, 1994. "Zoning, Chapter 110," Code of the Town of Southold, amended through December 21, 1993. Aerial Photographs. Videos and Ma~s Aerial Photographs of Mattituck Inlet, Lockwood, Kessler, Barlett, 1943, 1952, 1974 Aerial Photographs of Southold, Aerographics, May 1993 Aerial Photographs of Southold, Aerographics, May 1988 Beers Map, Town of Southold, 1883 Video: December 1992, Eastern Long Island Video: (no date), Eastern Long Island Soils and Geology Map, Town of Southold, United State Department of Agriculture, 1928 "Coastal Area Boundaries, Town of Southold, Local Waterfront Revitalization Program," Maps iA and lB, Cashin Associates. "Existing Land Use Density, Town of Southold, Local Waterfront Revitalization Program," Suffolk County Water Authority, 1994. "Existing Zoning, Town of Southold," Suffolk County Water Authority, 1994. B-3 I I I I I I I I I I I I I I I I I I I "Existing Land Use, Town of Southold, Local Waterfront Revitalization Program," Maps 2-lA and 2-lB, Cashin Associates. "Existing Zoning, Town of Southold, Local Waterfront Revitalization Program," Maps 2-2A and 2-2B, Cashin Associates. "Natural Resources, Town of Southold, Local Watsrfront Revitalization Program," Maps 2-3A and 2-3B, Cashin Associates. United States Geologic Survey Maps, Riverhead, Mattituck, Mattituck Hills, Southold, Greenport, Orient, Plum Island, New London and Mystic Quadrangles, United States Geologic Survey, 19xx through 19xx. United States National Oceanic and Atmospheric Administration Charts, Southold. United States Coast Survey, Part of the Long Island North Shore, Swift, Blunt and Page, Secondary Triangulation, Summer of 1838. Shellfish Regulated Areas, Suffolk County Department of Health Services, April 1994. Site Plans 'of Certain Marinas, 1960-1990. Interviews and Communications Albert Krupski, Town Trustee Will'am Lieblien, Town Waterfront Advisory Committee Donald Dzenkowski, Senior Bay Constable Leslie Goss, Fishers Island Civic Association Jay Tansky, New York Sea Grant Service Peter Wenczel, Town Trustee B-4 I I I I I I I I I I I I I I I I I I I SECTION III: ISSUES, P, ECOI~4ENDATIONS, AND IHPLEMENTATION STRATEGIES Based on the research, investigations, and interviews as discussed in the data inventory and analysis above, a series of issues, recommendations, and implementation strategies have been drafted that form the basis of this Draft Harbor Management Plan. A specific study of the Mattituck Inlet is provided in section IV. This section is organized as follows. C. D. E. F. G. H. J. K. L. M. N, Boating activities, moorings and marinas, including: 1. Mooring areas and allocation procedures 2. Boat discharges and sanitary facilities 3. Marina structures and design 4. Dry rack storage 5. Visual resources 6. Parking, traffic, and circulation 7. Navigation channels, dredging and deposition of dredge spoil 8. Boat ramps and launches Shellfish and finfish resources Commercial fishing use Water quality Harbor tourism and economics Coastal fish and wildlife Public access Boating signage Historic maritime resources and navigational aids Solid waste and recycling Water-dependent uses, zoning, and permitting Ferries and water transportation Harbor Management Plan procedures and enforcement Fishers Island A. BOATINC ACTIVITIES, MOORINGS, A~D HARIHAS Hoorin~ Areas and Allocation l'rocedures Unregulated Bay Hootings There are an estimated 260 or more moorings in the bays that are outside the Andros Patent lands and for which permits are not necessary. With the adoption of a Harbor Management Plan, the Town will be assuming the responsi- bility for the management of all waters within its jurisdiction. In the ab- sence of a mooring plan and permitting, bay moorings could result in navigation hazards when moorings are placed near channels, or inadequate mooring tackle is used, access points to the water and/or dinghy storage may not be adequate, and potential impacts could result to the natural environment, including shellfish beds. III-1 I I I I I I I I I I I I I I I I I I Reco~mendation A. 1 Adopt Bay Hooting Permit Procedtttes It is recomended that the bay moorings fall under ~e Town Trustee permit~ mles. This will reEulate ~e placement of moored craft and kev moorinEs out of naviEation channels and away from key natural features and shell- fish beds. MoorinE fields should be located in areas wi~h bottoms suit- able for anchorinE, ~at provide reasonable shelter from summer storms, do not block boat traffic in desi~ated chapels, and are accessible to boat o~ers. Because of Se larfe n~ber of bay moorinfs, it is recomended o The initial permittinE requirements be simplified (e.E., a form mark- inE the moorinE location on the Harbor ManaEement Plan map and de- scribinE the type of moorinE system) so that processinE and adminis- tration are not overburdened; o Most initial moorinE layouts of harbor manaEemen~ plans identify existinE moorinE fields and accep~ them as appropriate -- Southold should initialiy recoEnize the existinE bay moorinE locations, unless significant conflicts or problems exist with certain sites; As the bay moorinE fields became established, locations should be forwarded to ¢he U.S. Coast Guard and National OceanoEraphic and Atmospheric Administration for listinE in notices to mariners and on navigation charts; and The permi~tin~ process should be used ~o assist in disclosinE and trackinE any problems/conflicts with particular moorin~ locations that could be corrected in subsequent permi¢ renewal review. Issue: Creeks at Hoorin~ Capacity and with ~aittn~ Lists Certain creeks are at or approaching existing capacity and have waitin§ lists (e.§., Mattituck Inlet, Gull Pond, Narrow River, Town Creek, James Creek). It is convenient for the 5oat owner to have the moorin§ near their home, and where access to the water is possible. Therefore, at certain loca- tions, such as Mattituck Inlet and Gull Pond, it may be desirable to increase the mooring capacity through alternative mooring techniques. At other places, such as Narrow River, the protection of shellfish beds and natural resources may take precedence over the permitting of additional moorings. Rec~endation A.2 Increasin~ Creek Hoortn~ (Boati~) Capacity, ghere App~opriate For the traditional moorinE field layout, minimum spacinE be~ween moorinEs are 1.25 times ¢he total scope of the moorinE plus boat IenEth. The scope includes the heav~ chain at 1.5 times the maximum wa¢er depth; the liEhter chain equal to the maximum water depth; and the pennant line equal to or ~reater than 2.5 times the bow height over wa~er. This system works well, but requires considerable wager area. To address unmet boatinE demands in places where natural resources features would not be compromised III-2 I I I I I I I I I I I I I I I I I I I Gull Pond), alternatives to the curren~ traditional moorinE layout can be ~ instituted. These include: Expanded ramp access to increase opportunities for boa~ trailerinE and launch at creeks; IssuinE moorinE permits in the bay outside the creek -- this can only be done after ~he implementation of Recommendation A.1; ImplementinE fore and aft moorinEs that eliminate swinE circles, takinE less water area per craft; UsinE alternative moorinE systems, such as the helix moorinE, or installinE a common linear moorinE system that handles several boats -- this alternative requires upfront capital cost for the purchase of the system. In each alternative, consideration must be Eiven to the protection of naviEation channels, water quality, natural resources, available points of access to the craft (e.E., boat owner's yard, public open space, or street ends), waterbody configuration, water depth and quality, bottom conditions, type of craft (sail or power, boats IonEer than 35 feet are not allowed to moor), storm conditions, and the adjacent upland uses. Protection of shellfish beds and access for baymen is also a key consider- ation. Key areas for protection are Hashamomuck Pond, Hallocks and Little Bay, Town and Jockey Creeks, Goose and Corey Creeks, CutchoEue Harbor (particularly Broadwater Cove), West Creek, and Wickham Creek (see also Table II-16). Issue: Lon~-TermHooring Flannin~, Creeks and Bays To meet future demands for mooring permits, the Town may choose to consi~d- er preferred areas for creek or bay mooring and distribute mooring permits ac~ cordingly. Greek moorings are more manageable, and perhaps safer for naviga-~ tion, while bay moorings may be better for water quality, protecting shellfish/ beds, and access to shellfishing. From a physical, engineering, and design / perspective to safely moor boats, almost every creek in Town could handle mow boats (see Table II-4). However, other factors can make such mooring concen~ trations unacceptable, including DEC standards for shellfish closure, public / opinion along the adjacent waterfront, and community growth plans. ReconmendatIon A.3 Determine a Lon~-RmnSe Policy for Appropriate Hoor~]~ Areas in C~eeks and Bays A lonE-term policy will be useful for addressinE increased moorinE demands~ throuEh a coordinated creek and bay moorinE proEram. This will take into account such factors as protection of natural resources, water quality, and prime shellfish beds, availability of water access locations, upland uses, naviEation, and safety. Expanded ramp opportunities and boa~ trail-/ erinE would meet increased boatinE demand and limit the need for addition-/ al moorinE permits. The followinE provides a framework for this plannin~ III-3 I I I I I I I I I I I I I I I I I I I Boating/recreation-oriented creeks include Mattituck, Gull Pond,~ Town/Jockey/Goose Creek, East Creek, James Creek, and Brushes Creekj (below bridge); and Natural resources-oriented creeks are Narrow River/Long Beach Bay, Hashamomuck Pond, Corey Creek, Richmond Creek, Little Creek, Mud Creek/Broadwater Cove/Haywaters Cove, Little Creek, Wickham Greek~ West Creek, Halls Creek, Downs Creek, and Deep Hole Creek. Issue: Mooring Identification iIt is the responsibility of the Bay Constable to enforce local laws re- ding moorings, which includes identifying illegal moorings. Under the cur- t system, it is difficult to read the mooring permit stickers and match the ars with boats. With over 200 permitted creek moorings it is often diffi- t to assess the legality of a mooring during routine patrols. As a result, orcement is difficult and time consuming. This is likely to become more e consuming if bay mooring permits are implemented. Recommendation A.4 Improving the Hoor~nS Identification System '~stablish a uniform marking system (minimum 3-inch-high letters and num- bers) linking moored boats to a particular creek (or bay) location that could easily be checked during routine bay constable patrols. To facili- tare identification, the mooring float should also show the name of the owner or. the boat name. To prevent use by others, right of use must be limited to the owner's designated vessel listed on the mooring license. Although night patrols are limited, all floats should be white, so they are visible as an aid to boaters at night. Unused moorings should be pulled (see discussion below). Issue: Absence of Lesal MinimumMoortnE Tackle Standards The Town code does not define acceptable minimum mooring tackle based on boat sizes, bottom type, or location. Though mooring dragging is not a major problem, standards need to be common in many harbors to ensure that minimum adequate mooring tackle is used by boat owners. This is for the protection of all boats in the mooring field. Uecommendation A. 5 Adopt Minimum Moorin_- Tackle Standards ~M_inimum standards for traditional mooring systems should be incorporated into Chapter 32 of the Town code. These minimum standards should be based on mooring tackle that is appropriate for the bottom condition, boat loads, and locations. Moorings should conform to the traditional gear used by boats intended to be moored for extended periods, i.e., the sin- ~gle-point swing mushroom mooring used widely in the northeast, consisting ~a heavy mushroom anchor (concrete block should not be permitted as once they are installed they are not retrieved), heavy- and light-duty chain III-4 I ! I i I I I I I I I I ! I I I I I from the block to the mooring buoy, and a pennant (often nylon line) to a iighc plckup float. Recommended gu£delines for mushroom moorings are as follows: Table Boa~ ~ ~m We~c Boc~ ~ Zop ~ P~c 19 Co 22 175 1/2 1/2 1/2 22 ~o 25 225 5/8 1/2 1/2 25 ~o 30 275 5/8 1/2 1/2 30 ~o 35* 300 3/4 1/2 5/8 * Boa~s Ion~er th~ 35 feet are no~ allowed ~o moor in ~he Creeks. For adequate safety and protection, standards will vary depending on storm wave exposure and bottom type (sand, rock, c/ay, silt). In areas exposed to greater storm waves, longer chains and pennants, which allow Ereater swing circles and fewer boats per acre, may be appropriate. Conditions within the creeks are belleved Co be generally similar, ai- though bottom types may vary. Conditions within the bays are likely to range considerably with respect to wind, wave, and bottom conditions. To establish minimum standards, as part of the bay mooring permit system (see discussion above), current techniques in each reach could be recorded during the permit process, particularly with respect to success in storm conditions, and mln£mum cackle standards can be established accordingly. Issue: Illegal ~oo~in~s Illegal moorings can be improperly sited and do not pay the permit fees. This could become more of an issue if bay mooring permits are instituted. Reco~mendationA. 6 Removal of Illegal~oorinEs, Prov~ding the Bay Constable vith the Necessary Equipment There are provisions in the Town Code for the Bay Constable to remove il- legal moorings and for the Town to charge the owner for the cost of re- moval; however, the Constable does not have the equipment to remove the illegal moorings. The Bay Constable craft should have the equipment to remove illegal moorings expedltJously at the Iowners' expense,~ or re~ovai could be contracted to a private operator wit'h the costs incurred by the boatowners. .~q% III-5 I I I i I I I I I I I I I I I I I Issue: Unused Hootings Obtaining a mooring permit but not using it is both illegal and unfair to those seeking a mooring. By Town code, having a permit but not using a mooring is prohibited. That has occurred at certain creeks within the Town and is es- sentially an enforcement issue. Recommendation A.7 ~neorce Chapter 32 w-~dat~ng the Use of Issued Hoorin~ Permits Enforcement of this section of the Town code can be accomplished through expanded patrols in known problem areas [see the discussion under subsec- tion M, "Harbor Management Procedures for Implementation and Enforce- ment"). Persons found in violation should forfeit the mooring permit. Issue: Nafmtai~img a Hooting Application List In the past, application lists for moorings have evolved rather informally at the Town Trustees' office, occasionally leading to confusion about who is listed for the next available mooring. Recom~endation A.8 Formalize Moortn~ Application Watttn~ List Procedure Develop a formal application list for each creek and record of applica- tions for mooring permits, including date and time, and issue permits in the order listed. Charging a nominal annual fee (e.g., $25) to remain on a waiting list will keep the list current. Issue: Access to the Water and ~oored Craft Boat owners must have access to the water (e.g., the boat owner has water- front property, or has access via a waterfront open space, a public street end, public right-of-way, or access agreement with a landowner or marina/yacht club), to obtain a mooring permit. RecommendationA.9 Adequate Upland Conditions Should ~ist at Public Access Locations To the extent that public open spaces and street ends are used for water access, local parking plans proposed for street ends (now under consider- ation) should be coordinated with the mooring program to ensure adequate street parking and appropriate street parking re~ulations near mooring fields. Lack of appropriate access should be grounds for mooring denial. In addition, dinghies must be properly secured within the street end right-of-wa7. Compliance with this recommendation could be improved by marking right-of-way limits at key street ends, and identifying dinghies III-6 I I I I 1 i i I I I I I I ! I I I with particular moorings so that the holder of the mooring assumes respon- sibility for securing the dinghy. Boat Discharees aad Sanitaz~ Facilities Issue: Pla~i~ for Federally-Dest~mated No Discharge Zones The New York State Department of Environmental Conservation (DEC) is tak- ing steps to establish No Discharge Zone(s) around the state, one of which is likely to be eastern Long Island. No Discharge Zones can only be designated at the federal level by the Environmental Protection A~ency upon request by the state. To obtain this federal designation, it must be demonstrated that adequate pumpout facilities are within the proposed zone to meet the potential demand. Therefore, data on the number of available pumpout facilities and the composi- tion of the local fleet (i.e., what percentage of the local boats have marine sanitary devices) must be available. Based on the survey data of marinas com- piled for this plan, it is concluded that the Town currently has good geograph- ic coverage with its pumpout facilities. The results of the survey show that there are 8 pumpouts in the Town, and most reaches (1, 5, 6, 7, 8, and 9) are served. Reaches 2, 3, and 4 have no marinas or moorings; only Reach 10, Fish- ers Island, which has with substantial marine activity, has no pumpouts. More- over, the installation of pumpout facilities is required as part of the Town Trustees' approval of marina plans. Therefore, it is likely that there will be more pumpouts in the future. As to the composition of the local fleet, previ- ous investigations for Suffolk County indicate that the majority of boats in the Town (85 percent) are less than 25 feet in length (this is also supported by the marina interviews and surveys and Town mooring data), and probably con- tain no marine sanitary devices. It is noted that there are economic consider- ations to the No Discharge Zone designation, as it requires boats owners with chemically treated discharges to bear the costs of retrofitting their boats with holding tanks. Reco=~en4atio~ A.10 Coord;--te with the State i~ its "No Dtscharse" CC/~rta.~rt~.lnly, the designation of an Eastern Long Island No Discharge Zone is za3or effort. In planning for this designation, the Town should con- ~'nue to collect data relevant to establishing a No Discharge zone (begun part of the marina lnventorl), including: Information on pumpout facllities; Follow-up investigations to determine more about the use of pumpout facilities in the Town (e.g., marina location, whether such facili- ties are for use by the general public)/ and o Gathering data on the local fleet. This data could be updated as cindividual marinas seek Town Trustees permits. Information on moored boats could be gathered in conjunction with the mooring permit pro- ollecting data on boat sizes, wheCher the craft contains a III-7 marine sanitary device, and if so, what type. The data should be reviewed and updated at least biannually. Issue: Available Federal Pumpout Grant Matching Funds Pumpouts are fairly expensive equipment to purchase and install. They are often provided as an amenity for a marina or have been required as a condition of local site permit approval. While pumpouts may improve Town water quality, based on survey data, their user fees do not generally cover the capital in- vestment and operations costs. Federal pumpout grants for local operators help defray the cost of purchase and installation for new and upgraded pu~pout fa- cilities. ~eco~endation A. 11 Encourage Local ~ar{.- and Boat-yard Operators to Apply for a Ptm~ Crant The Town should encourage local operators to consider pumpout francs and support, at the state level, the local share of grant monies. Pumpout applications are made through DEC, but next year is the final year. Pre- Iiminary applications must be in by April 15, 1996. The grants are a 75 ~ percent-25 percent matching program. Because of certain conditions on the issuance of grant money, the matching grant program may not be appropriate for all operators, but operators should evaluate the program for use at --) their own marina. If a grant is used, it is required that: o The pumpout be accessible to the public during reasonable hours of operation (at least when the fuel dock is available); o Only a nominal fee of up to $5.00 can be charged; ~ o There are design minimums for the pumpout and disposal systems; and ~.~o The grant reimbursement comes only after the pumpout is installed. Issue: Mterflative F.m~out Systems Most pumpouts require boaters to be docked in order to employ holding tanks. Because of the time and effort involved, this can discourage pumpout ~use. Convenience is a key to the use of pumpout facilities. / Recomlaen~attonA.1l Floatin~ lh~pout Station/Vessel An alternative to the fixed system is a floating pumpout station/vessel that brings the pumpout to the boat. This is a convenience for the boater ma7 be particularly useful if a "No Discharge" zone is established. and ~ Pumpout grants can also be used for these facilities. A Town-operated or ~rivatized pumpout vessel could provide an overall boating service, III-8 sen & Fleming, Inc. Environmental and Planning Consultants 117 East 29th Street · New York, NY 10016 · 212/696-0670 FAX Number 212/213 3191 MEMORANDUM TO: Ruth Oliver RE: Harbor Management Plan FROM: Bob White DATE: October 26, 1995 Provided are three copies of the Harbor Management Plan. If you have any questions, please do hesitate to call. cc: S. Riddler pcs\wp I I I I I I I i I I I I i I I I I I I carrTing supplies and perhaps offering minor repairs as well. In conjunc- tion with this floating service, a boar signage program could be initiated whereb7 boats seeking pumpout would display a si~n requesting a pumpout or service. Pumpouts could be paid for by annual subscription or on a per- use basis. A minimum density of boats is required to make this approach useful. Two places in Southold where a floating pumpout may be feasible are Mattituck Inlet or West Harbor on Fishers Island. In either place, however, given the density of boats in these locations, it is nor likely that the pumpour fees will cover the capital and operational costs -- particularly until a No Discharge zone is established. Therefore, the successful implementa- tion of the floating pumpout vessel is improved if it provides some ser- vice in addition to the pumpout. To this end, a floating pumpout could be operated by the private sector, in conjunction with providing some repair or other boating service, including use for spill control. If provided in West Harbor, this would be Fishers Island's only pumpout. Issue: Ideneif~in~ and Reporttn~ Illegal Dtsc]mrges from Holdin~ TA,k~ Intentional or accidental discharge of holding tanks from any vessel, recreational or commercial, into Town waters, is illegal under local and fed- eral law. Most holding tanks have Y-valves installed through hull fittings, which can be legally used to discharge outside the 3-mile limit; or illegally within 3 miles. · eco.~en4ationA.13 To Prevent Holding T~k Discharge to Waters. ~e~uire Y- Valves Be Secured Shut Enforcement of the Town ordinance is the responsibility of the Bay Con- stable; however, given the amount of water area to cover, it is nor possi- ble ro observe all violations. Inspection of secured Y-valves can verify compliance. Observed violations can be reported to the Bay Constable by other boaters and the general public. The "Adopt a Creek" program could also assist in this monitoring effort. In addition, coordination with local marina operators should educate the boating public as ro the laws regarding holding tank discharEes. Issue: Increased Awareness to Reduce Overboard L~tter It is against federal and local law to toss litter overboard in Town, state, or federal waters. One item not often considered litter by many are used cigarette filters. Many of these are plastic, and over time, the cumula- tive aspects are very noticeable. Studies undertaken of beach trash collection have shown that used cigarette filters are the most prevalent type of beach litter. III-9 I I I I i I I I I i I I I I I I I I I Recommendation A.14 Promote Clean Boating Practices w~th Public Education Si~nage on stakes along major channels and in popular boat-use areas would remind boaters to properly collect and dispose of all onboard trash. Consider used cigarette filters as overboard litter and "bring back what you take out." Educate the boating public about chis impact and consider iC illegal. Marina Structures and Design Issue: Har4-~ Desisn and Site Plan Review and Permit Requirements In site plan review of marinas, there are a number of design elements mandated by Town code, or through the environmental review process. These ele- ments become a condition of approval. Certain conditions are also attended to permits issued by the Town Trustees. These include: the installation of pump- outs; 20-foot-wide natural vegetation buffers at the bulkhead/water's edge to protect water quality and provide a visual amenity; wash-down containment fa- cilities; measures to reduce erosion control during construction as well as post-construction; the use of pervious materials to reduce runoff; leaching pool/dry well systems to eliminate the direct discharge of contaminated storm- water into the adjacent waterbody; and barrier free access in keeping with the American with Disabilities Act. Recommendation A.15 Update the Knviromnental Requirements of Harina Desisn Currently, the Town has a good checklist of required items to reduce the environmental impacts of marinas and boatyards. But as technolog7 im- proves to meeC environmental regulations and reduce pollution, review and updating should be done co continue to make the local site plan review and permit issuance requirements consistent with regional plans and approaches to minimizing impacts. Issue: Expand~nS Opportunities for Aquatic Habitat ~-hAncement Traditional vertical bulkheads -- in combination with appropriate water quality conditions -- provide a vertical habitat in the water column for aquat- ic organisms. Rock riprap at the bulkhead offers further benefits as the rock surfaces provide more habitat area in the intertidal and subtidal zone. Recmmendation A.16 Use of ~ock~Lprap Edses in Bulkhead Design A rock riprap edge can provide environmental benefits by enhancing sub.tid- al and intertidal colonizing habitat for encrusting organisms and juvenile and mature species of finfish and shellfish. It can also benefit the marina by reinforcing the bulkhead and attenuating wave energy. Use of riprap edge aC the bulkhead should be considered on a case-by-case basis, III-10 I I I I i I I t I I ! I I I I I i I I within the allowances of the added costs, and the potential for any nega- tive impacts on boat handling, marina capacity, and navigation concerns. It is expected that in most cases, some stretch of riprap alonE the bulk- head would be appropriate. This technique can also be applied outside of marinas, alonE the bay and creek shore where practicable. Issue: l~educinE Marina Stormwater Runoff Impacts Marinas, boatyards, and yacht clubs are the last stop before the water and a clean boatyard is important to local water quality. The Environmental Pro- tection Agency (EPA) defines a marina as a public, private, or not-for-profit facility containing 10 or more slips. Under the Coastal Zone Act Reauthoriza- tlon Amendments (CZARA), all marinas with 10 or more slips must have a pollu- tion prevention plan. DEC will administer the stormwater discharge program for marinas. RecommendationA.17 Mar{n- Pollutiun Prevention Plans Should Be ~equired for All Mar~--s, Yacht Clubs, and Moorin~ Fields EPA has established best management ~uidelines for marinas regarding stormwater runoff and the reduction of impacts to water quality, including the handling of petroleum products and proper policing of the yard and collection of litter and trash that could work its way into the water (see page II-28). These plans incorporate stormwater runoff control, fuelin& station design and spill containment, wastewater treatment management, solid waste management, fish waste management, and boat cleaning manage- ment. EPA and czARA goals apply to all marinas, dockominiums, yacht clubs, and places where I0 or more slips are sited. To initiate implemen- ration at the local level, a Pollution Prevention Plan should be a re- quirement of the proposed perimeter permitting process (see the discussion under "Land Use, Zoning, and Permitting," below). The Marina Owners As- sociation could also consider its own incentives for encouraging clean marinas and boatyards, and establish Euidelines for the preparation of plans. Coordination with DEC in the state permitting process would also be useful for facilitating local implementation. Drv Rack StouaKe Provid~n~ Boatin~ Infrastructure and Facilities While Us~n~ Lass Vater Area, Waterfront T~d, and Natural Resources Dry rack storage is one method for increasing marina capacity without expanding in-water slips. Thus, itallows for increased recreational opportu- nities on existing waterfront land zoned for marine business uses. The Town has a limited area of marine business zoned properties, and dry rack storage offers the opportunity for maximizing use of those properties. It is also applicable within the Town, given that the majority of the boats are shorter than 25 feet. III-11 I I I I i I I ! I l I I I I I ! I I I ~ecommendat[onA.18 Encourage Dry Rack to Increase Boat Storage Capacity Dry rack storafe is a useful technique for expanding marine recreational opportunities. Such use, however, should only be allowed when in keeping with Recommendation A.20, below. Issue: Potential Impacts from Dry Hack Storage Although dry rack boats are generally used less frequently than in-water craft, they do increase recreational use of the waterfront, and therefore raise certain environmental issues. For example, dry rack storage could result in increased parking and vehicular traffic, and the need for new or expanded boat wash-down facilities. Adequate fire protection safety measures must also be considered, as the vertical storage of boats and gas-powered engines creates a situation that warrants added fire prevention and protection features. Visual impacts are also an issue. Dry rack systems are vertical structures that can be tall and bulky compared with the many single-family residential homes that are the typical structures in the Town, and may be adjacent to dry rack stor- age. Measures should be taken to ensure that dry rack storage does not signif- icantly impact traffic, parking, water quality, and surrounding uses, partic- ularly residential uses. Hac~n~ation A. 19 Perfor---ce Standards for Dz~ Hack Facilities Dry rack systems are considered structures, and therefore the construction of a dry rack facilit7 requires local site plan review. In considering the approval of such a s=ructure, the following performance standards/ impact issues should be considered: o Implementation of a marina pollution prevention plan; Additional traffic and whether it could significantly affect local streets; Adequac7 of on-site parking and whether the dry rack system displaces on-site parking while also creating additional parking demand at the site (see also the discussion below under "Parking and Traffic"); On-site measures for fire emergencies, including foam extinguishers and local fire department access to the structure and the availabili- ty of proper fire control equipment; and Whether open or enclosed, dry rack storage should also have a visual buffer of facade treatments to soften the size of the structure, par- ticularly when adjacent to residential zones. To this end, the height and exterior design of the facility should be evaluated in the context of existing neighbors, sightlines, and views, and the pres- ence of existing visual buffers, or an appropriate planting program and the height of proposed plants at maturity should be considered. III-12 I I I I I i I i I i I I I I i I i I i Visual Resources Issue: Ltghtin~ Impacts f~om~artnns Marinas, particularly during the summer, and other waterfront businesses require lighting for the safety of patrons. There have been off-site impacts reported from marina lighting in nearby residential areas. Rec~endation A.20 Require Heasures at Mar{nas to Control Off-Site Lighting Impacts Light shields, as required by Town code, should be used to reduce night- time glare so that light wash falls only on the marina site. Such factors should be considered in sire plan review and perimeter permitting. Issue: ?~-dscapin~ at ~a;;-=s Many marinas are without vegetation or are sparsely vegetated. There is adequate upland area at most marinas to provide some landscaping, particularly when adjacent to residential areas. All marinas should be doing their part to upgrade site landscaping to help improve the visual image and environment. Good, well-maintained landscaping has proven to be a benefit to marina business since it makes the facility more attractive to customers and the public. A nice-looking marina also demonstrates the marina cares for the boats as well; whereas neglected grounds suggest poor boat care and maintenance. Hecommendation A.21 Planting Buffers for Aesthetic and Environmental Landscaping elements are required as part of the site plan review for marinas. Low-cost planting schemes should be applied to the water's edge (structural or non-structural edges) and marina property boundary as part of the site plan review. This also provides water quality (see discussion above) and aesthetic benefits. Planting buffers should also be encouraged between parking areas and bulkheads to reduce runoff. Some degree of planting buffer could be considered as part of the perimeter permitting process. Parking. Traffic. and Circulation Issue: Zonin~ Code parkt.~ Ratios at Mar{-=s The marina survey disclosed that most marinas have adequate parking. This is also supported by previous studies undertaken by the Town. In addition, current parking requirements for dry rack storage may be more than required III-13 I I I I i I I I I I I I I I i I I I I (one per boat), as these craft are used with less frequency than in-water craft. RecomnendationA.22 Hain~ain o~ Lover Kx~sting Pa~kin~ Standards a~Mar~s and Cons~de~ a Lower Parking Ratio for Dry Rack C~aft Compared to national standards, and based on Town studies, current parking requirements for marinas more than serve the demand. Lesser parking ratios could be considered. Standards of 0.5 spaces per slip and 0.25 spaces per dry rack are recommended. Issue: Alternative Hodes of Transport Interestingly, many of the respondents to the marina survey reported that people do reach the site by walking and biking. Jitney service is also a way to reduce single-occupancy vehicle use for marina activities. ~econmendatton A.23 Support Alternative Hodes of Transport for Harina Opera- tt~s This could include providing bicycle racks as part of the marina design. Nav~ation and DEed~m~ Issmes: A Coordinated Dredgimg Program to Protect Maintenance of navigation channels is crucial to navigation and the pro- tection and safety of boating activity. There are 16 navigation channels in the Tow~ maintained by the Suffolk county Department of Works (SCDPW). In the absence of a maintenance dredging plan, the potential for impacts to naviga- tional channels is greater. ~eco~endation A.24 Coordinate with the Suffolk County Department of Vorks (SCD1NI) and DEC and Adopt an &--'mi~.l lfainte-~ce D~edg:Lng Plan for the Torn Creeks There is an essential need for coordination among the Town Trustees, DEC, and SCDPW to determine the scope of dredging project within the Town and the approach to dredging and spoil disposal. This effort should have the following objectives: o Establish areas that require routine maintenance dredging for the purposes of maintaining navigation channels; o Establish the time frame for maintenance (annual, biannual, five years); III-14 I I I I I I I i I i I I I I I I I I I o o o Determine appropriate disposal areas, which may reduce the need for the annual dredging of certain creeks, preclude shoaling, and reduce costs; Local navigation concerns and environmen~ai conditions musr be taken into consideration when decisions on dredging are made; and If done properly, dredge spoil disposal can be used to provide natu- ral resources habitat, and enhance its tern and plover nesting opportunities. Boat U~w-)s and Launches Issue: Local ~oat Launch Facilities There are a number of Town-owned and park district open spaces at the water's edge, including parks, beaches, and boat launches. Boat launches in- clude both hard surface ramps, that are suitable for trailered craft, and small boat launches for craft that can be carried to the water. Consideration should be given to evaluating the condition of these facilities and, as necessary, developing a program for improving these public access amenities. In March 1993, DEC released a report on marine recreational fishing access. Its purpose was to identify approaches for protecting and expanding public fishing access to marine waters. Components of this plan were reviewed and supported by the Town Trustees as they relate to Town public access points. Recounendatton A.25 Evaluate the Condition and Use of the Public Boat Launches, Both Ha~d Surface Raml)s and the Small Boat Launches, and Develop a Fian foz Improvins and E=pandin~ Access Well-maintained ramps are important for encouraging and supporting the use of ramps for boat launch, and meeting increasing boating needs while mini- mizing in-water structure and other boating water quality impacts. Based on the reco~ended evaluation of existing facilities, the need for certain ramp improvements, and additional ramps, may be identified. This could include: o Structural improvements and expanded amenities, such as phones, benches, trash receptacles, and restrooms. Implementation of these improvements would require capital expenditures on the part of the Town or the park district; Exchanging the state DEC ramp at Gull Pond with the Town ramp at Stirlin~ Basin; o Consideration of additional ramps within the Town, including at the mouth of Mattituck Inlet (see also section IV, "Mattituck Inlet") and the former Port-of-E~ypt ramp at Orient Point; and Priority should be ~iven to the recreational fishing access recommen- dations of the DEC plan, including proposed boat ramp locations in III-15 I I I I I I I I I I I I I i I I I I i the Town creeks, and coordination with the state in the construction of these facilities. B. SHELLFISH AND FINFISH RESOURCES Issue: Degradation of Shellfish Waters Shellfish beds are an important natural resource and a key component of the local economy as a harvested and exported resource; they also provide op- portunity for marine recreational pursuits. Protection of shellfish beds and the water quality in and around them is a priority. Recommendation B.i: Give Priority Protection to ~ime Shellfish Beds Activities related to the Harbor Management Plan, such as designated moor- ing locations, should offer prime shellfish beds the utmost protection. Issue: Expandin~ Shellfish Harvestin~ Opportunities Over the past decade, as a result of intensified monitoring, study, and concern, the extent of water area within the Town closed to shellfishing -- either year-round, portions of the year, or conditionally -- has been expanded. Efforts are underway to improve these waters and reopen the beds. The Town Trustees are currently undertaking such efforts at the head of Hashamomuck Creek. In addition, the Town, in conjunction with the state, has established a monitoring program in closed areas believed to be suitable for shellfish har- vesting. Reco~-tendation B.2: Consistency of the Harbor w--Agement Activities, w~th Efforts to Reopen ~nellfish Bede There are a number of local actions underway to expand shellfish oppor- tunities within the Town waters -- among them: Pursuing measures to remediate water quality impacts from runoff and failing or poorly sited septic systems; Implementing water quality monitoring programs to identify appropri- ate areas for reopening shellfish beds; Transplanting (relay) areas to expand shellfish harvesting opportunity; Protecting the shellfish resources through active enforcement of Town's shellfish landing limits and minimum sizes; and Supporting studies and investigations related to special issues, such as the Peconic National Estuary Program. III-16 I I I I I I I I I I I i I i I I I I I The recommendations of the adopted Harbor Managemen~ Plan should noC con- flict with these efforts. Issue: Har~esti~ on Private Zands Certain underwater lands within the Town are privately held. There have been complaints of shellfish harvesting on private underwater lands. Recommendation B.3: Encouxage Cooperative Arrangements Bet~eenPrivate Under- vater T~ndmmers and Baymen and to Allov Harvestin~ on Private ~nde~ter Lands Issue: Protecti~ and RnhAncement of F~-ftsh Resources Protection and enhancement of the marine fisheries resource is vital to recreational sportfishing, commercial operations, and the local boating econo- my. In the absence of adequate stocks, there will be impacts not only for the Town but for the East End commercial and recreational marine businesses as a whole. ~eco~mendation B.4: Support Resource M---gement Eithin the ~arine Busiuess Mechanisms for protecting, m~maging, and enhancing aquatic resources include: o Minimum size limits; Encouraging the recreational fishing for non-traditional sportfish (e.g., sea robin); Ca,ch-tag-release programs organized by the American Littoral SocietZ for striped bass and other species; and DEC operates an artificial reef program. Such programs have been successful in providing subaqueous habitat enhancement. The Town should support artificial reef programs and identify how the Town and its residents can participate. For example, areas within the ba~s/ sound could be set aside to allow the sinking of old craft and other appropriate ph~sicaI structures for use in the creation of such a reef. C. COIg~CIAL FISHING USES Commercial fishing operations play a key role in local harbor activities, are important to the local economy, and are historically part of the Town. Principal pressures on the viability of the industry are the maintenance of stocks, and the resource and preservation of commercial waterfront lands and III-17 I I I I I I I I I I I I I I I I I I I support facilities. Resource preservation is addressed above and the water- front issues are addressed below. Issue: Co~etitton for ~aterfront Land vith Other Uses There are a number of areas in the Town where commercial operations are located. They are concentrated within Mattituck Inlet, but also include East Marion and New Suffolk. Protection of these areas for commercial operations is important to maintaining the viability of the local commercial fishing indus- try. These areas face development pressures from other uses, such as recre- ational boating. Recommendation C.i: Support Co~ercial ~orking ~aterfront Uses Through public policy techniques such as zoning and land use planning, support commercial waterfront operations and ancillary uses. This is of particular importance in Mattituck Inlet, where the commercial industry is concentrated [see also "Land Use, Zoning, and Permitting," below and sec- tion IV, "Mattituck Inlet") and also at New Suffolk, which historically has played a maritime role in the Town. Issue: Vater Q~ality Impacts from Co~mercLal Operators Outlined above are a number of recommendations for pollution prevention at recreational marina operations. These reco~endations should also apply to the local commercial operations. Recomendation C.2: Require Follutton Frevention Plans at Commercial Operations As with the recreational marinas, enforce environmental laws and regula- tions and the local code for commercial operations, particularly with respect to petroleum product spills, sewage discharges, yard maintenance and runoff controls, and boat and engine maintenance. Commercial opera- tors must be encouraged to maintain facilities, comply with environmental laws, and keep safe and clean operational Pollution prevention plans would establish techniques for minimizing water quality impacts from com- mercial operations. Issue: Ba~--- Access to Vaters In addition to the larger commercial fishing operations, baymen comprise an important component of the local con~erclal activity. Competition with rec- reational users for slip space makes public access points all the more impor- tant. To support their activities, the preservation of baymen facilities -- including points of access, docks, and slips -- is important. III-18 I I I I I I I I I I I I I I I I I I I Recommendation C.3: Protect and, ~here Possible, Upgrade Bayman ~ater Access Points Key bayman access points should be identified and evaluated as to their condition and needs, if any (see also the discussion on ramps, below). Reinvestigate the use of s~ate facilicies at Gull Pond as a means to en- hance and improve access. D. WATER QUALITY Water quality issues related to boating are discussed above. This section briefly addresses other water quality issues within the Town's Harbor Manage- ment waters. Issue: ~astewater Treatment System Outfall Discharges DEC undertakes water quality monitoring in Town waters, and is responsible for issuing discharge permits and monitoring permit compliance. The Village of Greenport wastewater treatment system discharges via an outfall near Inlet Point into Town waters (Reach 3), and the Shelter Island Property Owners Cor- poration outfall discharges into Shelter Island Sound, near Fanning Point (Reach 6). Rec~mmendation D.l: Knsure that the Flant Discharges are Complying Fith the Syst~Fe~t Work with the State, Village, and Shelter Island property owners to moni- tor and evaluate effluent discharges from these outfalIs. Issue: Other Impacts on Harbor ~ater quality In addition to boating, two major sources of pollutants to Town waters are street runoff and failing septic systems. Priority areas for mitigating these impacts, as determined by the Town, include Mattituck Greek, Hashamomuck Greek, Town Greek, Jockey Greek, Goose Creek, Corey Greek, the Gutchogue Greeks (East, Mud, Haywaters), and Hallocks Bay. Hac~endation D.2: Reduce Impacts from Road Runoff and Septic Systems To improve and enhance recreational and co~ercial activities within the Town's waters, continue to take action in the remediation of road runoff and failed septic systempollution. A schedule for correcting road runoff problems should be established to facilitate implementation of corrective measures. III-19 I I I I I I I I I I I I I I I I I I I E. HARBOH TOURISM AND ECONOMICS Issue: BoatinE and its Importance to the Local Economy Boating is historically a part of the Town and remains an important con- tributor to the local economy, providing jobs and attracting expenditures. It is important to the local quality of life and tourism. The maintenance of good water quality and the expansion and modernization of the marinas are important to the local boating industry. Reco~mendation E.I: Through Public Policies and Actions, Build on the Economic Opportunities that the Boating Industr~ Brinss to the Town Encourage marina facility modernization, growth, and environmental compat- ibility of boating. Where feasible and appropriate, the Town or local Chamber of Commerce could promote and provide opportunity for linkages be- tween waterborne recreation [particularly transient boaters) and main street activity as a means of capturing expenditures "off the boat." F. COASTAL FISH AND WILDLIFE Issues: Use of To-a Vaters by Marine wn~---ls and Sea Ttlrtles A number of special marine species are found within the Town waters, in- cluding whales, dolphins, porpoises, seals, and sea turtles. Recently, there have been increased sightings of Harbor Seals, even in the creeks, as well as Arctic, harp, and hooded seals. These species and their habitats are important regional and local wildlife resources. ~ecmmendatton F.i: Protection of These Species and Their Passageways and Habitats is Kncou~aged Educate boaters and recreational users about the presence of these species, their habitat, and protection. For example, boaters should not feed seals from their craft, as it can lead to increased seal hits. Also, plastics and other trash [e.g., balloons, containers, deli sandwich wrap- pers) are found in mm~y stranded animals -- a signal that boaters and the general public need to exercise still greater care in keeping their trash out of the water for proper disposal. Issue: Narine Strandin~s The Okeanos Ocean Research Center Foundation, located in Hampton Bays, in conjunction with DEC, operates a marine stranding program to assist diseased, injured, and distressed marine wildlife. III-20 I I I I I I I I I I I I I I i I I I I Recommendation F.2: The To~n Should Continue to Encourage and Support the Strandings Program and Use its Available Resources to Sup- port Rescue Operations Local residents, boaters, baymen, fisherman, and the Bay Constable staff are important to the success of the program and have been extremely help- ful in notifying the Foundation on observing a stranded animal (the direct hotline n,~mher is 516-728-8013). In stranding situations, it is benefi- cial to keep a Bay Constable or officer at the site. Individuals should not approach the stranded animal, as it may head to open waters before it can receive necessary medical attention, which could result in the ani- mal's death. Also, certain species, like harbor seals, will bite (there were five biting incidents last year) and should not be approached. Issue: Protection of Si~nificant Coastal Fish and Wildlife ~abitats There are 18 state-designated significant coastal fish and wildlife habi- tats within the Town boundaries, providing habitat for a variety of finfish, shellfish, and bird species, some of which (e.g., the osprey, piping plover, and tern) are rare or endangered. Vital avian habitats are Gull Island and the Port of E~]pt Island. These habitats should be protected, preserved, and en- hanced, as each has its own unique and important complex of resources. Recommendation F.3: Harbor ~anagement Activities Should be Consistent w~th the Protection and Preservation of the Tmm's Si~nlficant Coastal Fish and Wildlife and Avian Habitats These habitats have been mapped as elements in this plan. Key areas are the Orient Harbor, Long Beach Bay, Hashamomuck Pond, Corey Creek, Conkling Point, Cedar Beach Point, Downs Creek, Jockey Creek Spoil Area, Mattituck Inlet Wetlands, and Richmond Creek. Within these areas, environmental impacts from harbor activities should be minimized and in some cases prop- er dredge disposal could be used to enhance habitat (see discussion above). Many of these significant habitats should be surveyed, and the database updated and evaluated for protections (e.g., fencing, si~nage, navigation aids) from boaters and others during the key nesting seasons. The Bay Constable should become familiar with the habitats so that protection of these areas can be undertaken during patrols. Continued coordination with the highway department is encouraged to put protective fencing around tern colonies and habitats of other rare and endangered species. III-21 I I I I I I I I I I I I I I I I I I I PUBLIC ACCESS Issue: l~blic Access 0ppor~unitles to Reach the Vater This issue will also be addressed in greater detail in the Local Water- front Revitalization Program (LWRP). It includes such techniques as land ac- quisition, dedications, easements, clustering, and physical walkway improve- ments (particularly on the north shore bluffs). Recommendation G.i: Harbor Hanagement Plannin~ Should be Consistent with the Goal of Expanding and l~ovtding Public Access to the Vate~ron~ Issue: Fublic Access at Harlnas Marinas occupy sizable stretches of waterfront and through bulkheading effectively eliminate long-shore access opportunities below the mean high tide line. Marinas also provide an important access facility for the public that allow the public to actively use the water as recreational resource. Within the limits of safety and security, public access should be encouraged at marinas. Reco~endation G.2: Evaluate 0pporCunittes for ~ublic Access at As a fee-pay recreational activity, marinas provide access Co the public. Where appropriate, operators could provide access for non-boat owners as well, particularly in the MII zones, where other on-site uses (e.g., res- taurants) are allowed. ISSUS: l~blic Views to Harbor Vaters as a Hearts of Fublic Access to the Rec~ndation G.3: Protection of ~ublic View Corridors Implementation of the Harbor Management Plan should protect the public's visual access to the harbor waters, particularly from appropriate street ends and key vantage points. This includes the protection of view corri- dors from structures. III-22 I I I I I I I I I I I ! I I I ! I I I H. S I GNAGE Issue: Historic ~arit~ie Sites and Resources The Town has a long history as a maritime center which is of local and re- gional interest. Noteworthy features include the Holland submarine launching site at New Suffolk, Founders Landing Wharf (built in 1856), Orient Pier, and the Fishers Island naval history and Olmsted plan. Racomnendation H.I: Si~nage to Identify and Promote the Tovn's Harine History Maintain an inVentory of the Town's historic maritime features and identi- fy these important features through a signage and public education program [see also the discussions below, "Historic Resources"). Ism: Access ~ouCes to Ka~Inas Many marinas are off the main roads and can be difficult to find, particu- larly by visitors. A common sign (e.g., size, shape, color) could improve access from main roads and minimize driver confusion and wrong turns. R~commendation H.2: Develop a Si~n Program to Idantf~ Ha~ Access Routes A standard sign design, acceptable to the Town, could be developed to mark marina access routes. This could be instituted through the local Marina Association with the assistance of the Town. I. HISTORIC SUBAQUEOUS RESOUItCES AAq) NAVICATIONAL AIDS Preservation of ~recks, Historic ~aterfront, Historic Nav~gational Aides, and Subaclueous Features. These features are important to the history of the Town and when artifacts are taken, that history becomes incomplete and the artifact is lost. There are protections at the federal level under the Abandoned Shipwreck Act of 1987. In addition, there are a number of historically significant and majestic naviga- tional aids in and along the Town waters (Horton Point Lighthouse, Plum Island Lighthouse, Monument to Sailors, North~ Dumpling Island Lighthouse, Race Point Lighthouse) that should be protected. Such efforts saved the Teapot Light at Orient. Reco~endation I.l: Identify, Preserve, and Protect These Important Historic Harittme Features III-23 I I I I I I I I I I I I I I I I I I I J. NARITINE SOLID WASTE AND RECYCLING Issue: Recycling of Hariue Used Oils and Solid Waste Marina surveys have disclosed that operators are active in recycling. In all places, receptacles or separate storage are available for trash and recy- clables, such as glass, paper and cardboard, plastic, cans, and other products. Used oils are also recycled. Recommendation J.l: Maintain Effective Recycltn~ Prosr$~ at Marine Locations Waterfront uses and activities are required by local law to recycle. Solid waste and recycling bins should have lids and be appropriately marked for guests and transient boaters. Encourage all boats with inboard engines to prevent oil leaks with the use of bilge oil absorbent pads. To facilitate use, marinas could provide this at no cost (part of the slip charge). Issue: Solid Waste Disposal at Waterfront Fublic Access FoinCs Adequate recycling receptacles should be available at public access areas -- including beaches and ramps and small boat launches -- with recycling bins for bottles, cans, plastics, etc. Recommendation J.2: Provide Adequate Receptacles for Solid Waste and Recycl~-g at Public ~aterfront Access Points Preference is for enclosed containers that do not allow trash to blow away rather than baskets. Boaters using a marina ramp should be provided a garbage bag to promote proper disposal of on-board trash. Issue: Disposal of Boat Wrap and Fiberglass Materials Shrink wrap on boats has become commonplace for winterizing. It is re- cyclable product. Recommendation J3: Promote the Recycling of S'n~k Wrap and Provlde the Oppor- tunity for Recycling this Mater~al at the Recycl~n~ Center Encourage recycling of boat wrap and set up a recycling areas at the recy- cling center. One manufacturer (Dr. Shrink in Michigan and New Jersey) also provides shipping bags for recycling this product. Also consider cycling of fiberglass in the future. Currently, fiberglass recycling is not economicall7 practical. However, in a boating community with solid waste disposal limitaSions, its recycling should not be discounted. III-24 I I I I I I I I I I I I I I I I I I I K. WATER-DEPENDENT USES, ZONING, AND PEI~ITTING Current Hat,ne Business Zonin~ and the Protection of Water-Dependent Uses Within the Town, there is limited marine business zoned land (MI and MI1), and increasing demands on waterfront access and use of the waterfront. Outside of already developed waterfront areas, the protection of significant natural features (e.g., wetlands, water quality, wildlife habitat), precludes the de- velopment of much of the waterfront. Consequently, the protection of existing marine business zoned lands for water-dependent uses is important to the long- term growth of the local maritime industry. Although nonwater-dependent uses are allowed only by special exception (they are not as-of-right),' MI zoning is more exclusive to water-dependent uses, such as smaller marinas and boatyards. Also, ancillary commercial fishing operations -- such as fish processing and markets -- are only permitted in the MII zone by special permit. This means that commercial working harbor operations are required to be zoned MII. Recommendation K.i: Strate$ies for Protection of ~ater Dependent Recreational and Commercial Maritime Uses The Town should consider a number of strategies to provide long-term pro- tection for the use of the working waterfront for recreational and commer- cial water-dependent maritime uses. This includes: o Inventory of the activities in the MI and MII zones, and maintenance of the existing waterfront marine business zones acreage (i.e., no zoning changes to other uses); o Evaluation of the zoning map for the purposes of identifying possible waterfront areas that could be zoned to MI from MII. This is partic- ularly important at the Mattituck Inlet as a working ~arbor of Eional importance (see discussion in section IV); o Consideration of a zoning text amendment to allow fish marketing in MI zones as an ancillary use or special exception use. Fish market- ing supports commercial operations, but under the current zoning text, it shares the same zone that allows hotels and restaurants; and o In special exception use review, consider the potential cumulative impact of nonwater-dependent uses on marine recreational and corm~er- cial districts /i.e., will a special exception use, if approved, re- place a maritime use that is essential to the maintenance of the marine district as a whole). Issue: Use of Inland Areas for HI Use As stated above, marine waterfront zoned land is limited in the context of increasing boating demand. It is not entirely necessary for all boat repair and maintenance facilities to be located on the water. Depending on the III-25 I I I I I I I I I I I I I I I I I I I activity, some marine uses can be located across the street from the waterfront or some distance away. ~ecommendation ~.2: E~lu~te Zonln~ and Land Use H~ps fo~ ~nl~ndH~tne Zon~n~ Consideration In the longer term, this is a technique for expanding lands for marine business support services. Marina business activities, land use patterns, and zoning can be examined to assess the potential to zone inland areas to MI boat repair and storage where compatible with surrounding zoning and land uses. Issue: Stre-mlining Permitting Procedures Perimeter permitting provides a degree of flexibility for marina operators who seek to improve their facilities to implement environmental controls, ad- Just to market changes, provide more efficient dockage, expand access, and pro- vide amenities. State procedures allow perimeter permitting. Reco~endation K.3: Perimeter Permitting Develop a perimeter permitting procedure within the Town. This procedure would include: Establishing a marina perimeter within which certain activities -- such as maintenance, repair, modernization, dock reconfiguration, and replacement -- would be allowed without having to obtain another permit, as well as post-storm emergency repair and replacement in- kind; o Allowing expansion in the number of slips and the structure necessary to accommodate such slips, e.g., a 25 percent increase in slips; O It must be demonstrated that adequate parking, vehicular access, water quality protection, pollution prevention, edge landscaping, and other appropriate conditions can be satisfied; and In reviewing the initial perimeter permit, the designated area must be evaluated for its consistency/conflict with navigation and rele- vent environmental issues. L. FERRIES AND WATER TRANSPORTATION Issue: Importance to Local and ~egional Hobility Ferries are important to the economics of the region, for the import- export of goods, and local tourism. III-26 I I I I I I I I I I I I I I I I I I I Recommendation L.l: Protection of ffe~ Operations is Encouraged, Where Such Operations Can Provide Adequate Up,and Support Area (e.g., parking, traffic) and Environmental Protection H. HARBOR MANAGEHENT PLAN PROCEDURES FOR IHPLF~IENTATION AND ENFORCEHENT Issue: Xnforcement and Updating of Chapter 32, "Boats, Docks, and Wharves" Chapter 32 of the Town code, "Boats, Docks, and Wharves," provides the rules and regulations for boating activity within Town waters (see Appendix A). As part of this plan, these rules and regulations were reviewed for consistency with state policies and with other harbor management plans. These existing regulations provide an important basis to the Town's successful implementation of a Harbor Management Plan. Recommendation H.l: Update Chapter 32 to Confomw/th the Adopted Harbor w~nngenent Plan As it relates to this Draft Harbor Management Plan, amendments to Chapter 32 include bay mooring permits and fees, mooring tackle standards, perime- ter permitting, and definition of Town waters (see the discussion below). Enforcement of regulations is key to the success of the local harbor man- agement program. Issue: Definition of Town Vaters The Harbor Management-enabling legislation allows the management area to extend to the Town line. This would be to about the middle of Long Island Sound and, on the bay side of the Town, to the municipal boundaries with the Towns of Riverhead, Southampton, and East Hampton. While this area is exten- sive, much of what this plan addresses occurs within the near shore waters, or within 1,500 feet. Town waters are defined in several ways in Chapter 32. In some cases, it is the Pa=ent Lands, which total about 2,200 acres and include most, but not all, the creeks (those that are man-made, such as Brick Cove, underwater lands around Goldsmiths Marina, and Schoolhouse Creek), and in some cases the waters within 1,500 feet of the shoreline. ReconmendationM.2: ReviewChapter 32 Definition of "Town Vaters" and Hake it Consistent w~th Harbor MAnAgement Plan Issue: Bay Constable Staffin~ and Authority There are three full-time Constables on the mainland, with one Senior Constable and two patrolman, as well as two seasonal patrolman at Fishers Is- land. Primary responsibilities are the enforcement of Chapter 32, "Boats, Docks, and Wharves," Chapter 77, "Shellfish," and Chapter 97, "Wetlands," of the Town code as well as emergency response. Summertime activities are the III-27 I I I I I I I I I I I I I I I I I I I enforcement of local boating rules, emergency response, and rescue operations (overturned boats, kayaks, windsurfers, surfers, and small sail craft rescue, such as sunfish); the winter is mostly for shellfish patrols. As described above in section II, the work of the Constables is generally on the increase. In the future, there could be additional demands on the staff as boating activ- ity increases and if any new regulations are enacted as part of this Harbor Management Plan, such as overseeing bay moorings, docks, and bulkheads. Eecommendatton R.3: Maintain an Adequate Constable Force for the Effective Enforcement of the Torn Code and Recommendations of the Harbor M---$ement Plan as Adopted Also, consider an auxiliary (volunteer) harbor patrol force as a means for supplementing Bay Constable duties, and coordination with the "Adopt a Creek Program" as a means to get the public actively involved in the man- agement of the Town's waters. Issue: Boat Towing As stated above, the Bay Constable is particularly busy in the s-mmer months. One operation that keeps the Constable active is the rescue of dis- abled craft, which get towed to the nearest port. This service has become pri- vattzed through commercial boat-towing services. Rec~-endationR.4: Encourage Com~ercinl Boat-Tcnrl_n~ SmLvlce to Relfeve the Bay Constable Craft for Towin~ Private Craft Issue: To~n Bavfgatton Aids Town waterways are marked to identify proper navigational operations. As a result of this plan, it may be appropriate to install some additional aids. EecmendationH.5: The Tmml%mstees and Bay Constable Should~eview the Adopted g-~bor M--=$ement Plan to Assess the Reed for Any Additional Ra~gatfonal Aids This plan is a draft. Mapping efforts and the adopted plan may disclose the need for additional navigational aids. Over the past decade, the boating season has been continuing later in the year. Retrieval of navi- gationaI aids should not be done until the boating season has reached completion. Issue: Patrol of StirlinS Basin In the past, patrol of Stirling Basin, which is Village waters, has been the responsibility of the Village of Greenport Harbor~aster. The Town Police III-28 I I I I I I I I I I I I I I I I I I I Department is now responsible for the Village, but the Greenport Harbormaster position has been retained. Recommendation H.6: Coord~nmtion Among Town Bay Constables, Town Police Depart- uent, and Village of Creenport Harbo~master in Add~essing ~orcement Issues of Stirl~nS Basin Issue: Bay Constable Craft and Kquipment It has been stated by the Constable that a larger boat in New Suffolk and another station out east near Orient be considered. This would improve res- ponse time to Orient, which is very active in the s.mmer, particularly at Plum Gut (see discussion below), and could address the issues of expanded patrols in this part of the Town. Recom~endation H.7: Consider a Third Bay Constable Craft and Kstablish~nS a Station Farther East This would require some capital investment for the Town for the boat purchase. Equipment for removal of illegal moorings is also recommended. Issue: Coast ~uard Assistance The Coast Guard has the responsibility for search and rescue, patrol, as- sisting vessels in distress, and the placement of federal navigation aids. In the past, there has been good coordination between the Town and the Coast Guard, although the distances of the nearest Coast Guard stations can be a problem in emergency response. On the Sound, the Coast Guard Stations are at New London and New Haven, with an auxiliary station in Mattituck Inlet. Near- est stations of the bay side are at Montauk and Shinnecock. Because of these distances, the Bay Constable is generally the first on the scene of an emergen- cy, and sometimes handles the situation before the arrival of the Coast Guard. Increased Coast Guard patrols in the summer would perhaps lighten the burden on the Constable, particularly in the Plum Gut area. This is a difficult channel with strong currents that affect maneuvering, and a source of Constable emer- gencies. There are rip tides, general boat congestion, commercial trawlers, recreational fishing, and ferries. On average, since 1984 the Constable re- ports at least one collision and/or capsizing in Plum Gut each year. Addition- al Coast Guard patrols in this area during the s,,mmer could be helpful to the Town. However, Coast Guard appropriations are being cut back. Reconnendation M.8: Establish a Patrol Frogramwith the Coast Guard that Vould Zncrease Routine Patrols in Such A~eas as Plum Gut In lieu of expanded patrols, joint meetings and memoranda of agreement could be instituted to better use the limited resources of each agency. III-29 I I I I I I I I I I I I I I I I I I I Issue: Private Navigational Aids In the past, there have been conflicts over the placement of private navi- gational aides within the Town waters. These aids are approved by the Coast Guard, but local approval is required as well. Coast Guard regulations are clear that the issuance of federal approval on private aids does not obviate the need for local approvals. Rec~mendation M. 9: By law, the Town Trustees evaluate applications for private navigational aids under Chapter 32. Permit issuance should be based on the need for aid, its assistance to navigation, the implications for boating activity, and conditioned on the approval of the Coast Guard. Issue: S~-~ed Vaters at Sttrlimg Basi~ with the Village of Greenp~z~ Some of the larger marinas in the Town are at Stirling Basin. Waters of the basin, however, are within the Village of Greenport. There should be con- sistency among the Town's Harbor Management Plan, the Village's LWRP, and the Village's Harbor Management Plan, should one be developed. One recommendation the Village LWRP made is the improvement of the bayman's dock for moderately sized commercial fishing vessels. Reco~endat~onK.lO: Consistencyv~th Village of ~reenpo~t Sti~lin~ Harbor Activities Review of the Village LWRP and this Harbor Management Plan has shown con- sistency between Town and Village goals. Any future amendments to this plan should also be consistent between the Town and Village. Coordination with the Village of Greenport Business Improvement District [which covers Stirling Basin) is essential. Iss~: ' Marbor HamaEemsnt Plam Coordination amd Implementatiom At the Town level, there are a number of entities with harbor management responsibility, including the Town Trustees (permitting), the Town Board/Super- visor and Police Department (zoning changes, local ordinances and enforcement), the Planning Board (zoning, land use, site plan review, zoning special permits) as well as a Parks Committee and the various Park Districts. It will benefit the Town to establish an entity that would meet periodically, taking the lead for Harbor Management Plan coordination, implementing and updating the plan, coordinating the various entities, and perhaps seeking funding sources for plan implementation. III-30 I I I I I I I I I I I I I I I I I I I Recommendation H.11: Establish a Coord!~t~ Com~ttee that wilI Add~ess Harbor HanaEement Issues The focus of this committee could be Mattituck Inlet (see section IV, below). Issue: Revenue Sources for Pla, Implementation A number of activities already occur within Town waters that require mon- ies, such as the Bay Constable; others are recommended in this plan. Recommendation ~. 12: htntain Adequate Source of Hevenue for Implementation of Plan Activities At a minimum, she current revenue sources should be maintained. Permit Review, Interasency Coord~nation, and Consistency DeteFut~tions There are at least three layers of permittin§ associated with waterfront activities, including the Town permits and site plan review, DEC permits, and Army Corps of Engineers permits. In reviewing local plans, the Town should work with these agencies to facilitate permit review and, where appropriate, support permit approval in a timely manner. Multi-layer reviews can take long periods of time, be costly, and have local economic consequences. In addition, once the LWRP is completed, the Town will provide consistency determinations for locally approved projects to the federal and state agencies (Region 1 of State DEC and Army Corps New York District). ~ecom~endation ~. 13: ~xpedite Pe~nit Review For iocall7 approved projects, the Town should expedite consistency deter- minations and findings Co facilitate the review of permits ac ocher gov- ernment levels. Ail activities in the water must, however, comply with other federal and state regulations prior to construction. DEC and the Army Corps should also be more familiar with local permitting actions. Issue: State Assu0~tion of Ax~y CoL-ps ~ev~ew It is being considered that DEC assume the Corps responsibilities in Sec- tion 10 review. This would eliminate another level of review. Xecom~endation M. 14: The Town CouZd Support This Action to StreAmline the Review l~ocess III-31 I I I I I I I I I I I I I I I I I I I Issue: Army Corps Jurisdiction Districts Two Army Corps Districts cover Town waters: the New York District and the New England District. The Town should coordinate with the Army Corps New Eng- land District office (New England Regional District, Trapello Road, Waltham, Massachusetts, 02254, 617-647-8111) in matters that can impact water quality in Long Island Sound and Fishers Island Sound (e.g., major Section 404, dredging and filling projects and Section 103, Marine Disposal). Such decisions can have consequences for fisheries and commercial operations. RecommendattomH.15: Stay Current on Axmy Corps Actions in Lon~ Island Sound and Comment on Hajor Permit Applications Issue: ReepinS Up with Trends Environmental regulations and environmentally sound products are always changing. Currently, such changes include the use of nontoxic (biocide-based) anti-fouling paints and bulkhead materials made from recycled plastics (this has been done in a Riverhead public project), and proposed EPA regulations regarding exhaust emission from boats. The Town should stay current on chang- ing technology and regulations at the state and federal levels as they relate to water quality and harbor management planning. · ecoemendation ~. 16: Keep the Plan Updated Based on Ch-nses in Laws and Avmilabl e l~odacts To the extent these changes are discretionary at the local level, consider their use in the Town when weighed against water quality benefits and economic consequences. Issue: Deteriorated and/or Abandoned Shoreline Stzuctuzes Deteriorated structures -- including abandoned piers, pilings, moorings, and bulkheads -- can be a hazard to navigation and adversely impact water qual- ity. They can result in a threat or danger to waterborne activities, particu- larly when debris has accumulated below the spring high tide line, which re- sults in floating debris. Bacom~endation H.17: Removal of Deteriorated Shoreline Struc~uzes The Bay Constable should record and report such conditions to the Town Building Department and the owner. In the event of an i~inent threat to navigation or the public health, safety, and welfare, such conditions should be corrected at the expense of the owner. III-32 I I I I I I I I I I I I I I I I I I I Issue: Boatin~ Safety and ~[eductton in Operating a Vessel ~hile Intoxicated Knowing the "Rules of the Road" makes boating more fun, safer, and helps to avoid the need for enforcement and rescue operations. Programs at the sec- ondary school level may be appropriate as well as continuing education programs in the spring and summer months for those boaters who live out-of-town. Na- tional Boating Safety Week, generally held at the end of June, is one such program. Recommendation H.18: Fromote Frograms on Boatin~ Safety Promote "Rules of the Road" and good boat operation progr~m~ in local schools and participate in National Boating Safety Week. Hecommendatton l~onotional and Educational Programs Help to Keep Intoxicated Operators Off the Vater In addition, fines, mandatory attendance at Coast Guard-sponsored classes in boating safety, and community service related to harbor management planning should be considered. Issue: Kemoval of Derelict Vessels and S,m~en Craft The Bay Constable has the responsibility for tracking ownership and remov- ing derelict craft. Although there have been only isolated incidents in the past, it is an issue and it has been difficult to trace the responsible party. Boats are registered with the state, not locally. There is no immediate reso- lution to this matter, but it requires time and effort on the part of the Bay Constable to track down the responsible parties;furthermore, the Bay Constable does not have the equipment to remove such vessels. Kecomnendation N. 20: Improve ~esponse Time in Remov{n~ Derelict Craft and Sunken Vessels The Town should consider contracting with a marina or boatyard for the removal of derelict and sunken boats at the owners' expense. This would improve the response time in removing such craft from Town waters. In addition, implementing permit procedures for bay moorings may make it easier to trace the ownership of derelict craft. These craft could be disposed of in conjunction with the designation of a local artificial reef (see discussion below). Issue: Wnforcanent of Ensine Noise Regulations Noise from engines is regulated under Chapter 32 and has been enforced by the Bay Constable. There is a need, however, for hand-held noise measuring meters. Without the meters, it is difficult to demonstrate that violations are III-33 I I I I I I I I I I I I I I I I I I I occurring. The State Office of Parks, Recreation and Historic Preservation has issued meters to other jurisdictions. Recommendation H.21: Obtain Monitorin$ Equipment Hand-held noise meters for the Bay Constable would improve enforcement of the noise provisions of Chapter 32 of the Town code. If they are avail- able from the state, no expenditures would be required. If the meters are not available, their cost would he a modest capital expenditure. In addi- tion, the Bay Constable should be trained in proper use of the equipment. Issue: Noise and Nake ~mpacts at Open Spaces and Vildltfe Habitat Boat noise can disturb enjoyment of passive recreational areas, such as the serene bays around Orient Park, and wildlife. Also, continual wake chop can erode the shoreline edge and increase turbidity. Particular areas of focus are the Town's Critical Environmental Areas, which include the creeks and Ori- ent Harbor, and the 18 Significant Coastal Fish and Wildlife Habitats, includ- ing Hashamomuck Pond, Long Beach Bay, Cedar Beach Point, Corey Creek, Conkling Point, and the Cutchogue Harbor Wetlands. Recommendation ~.22: Li~it Boat Speeds to Control Noise ~apacts and Vake Preclude the operation of personal watercraft and hiEher-powered vessels in excess of 5 miles per hour in Town creeks and near significant wildlife habitat areas. Issue: P~e-Storm Coo~d~m~tton of the lla~bor Hurricanes and Nor'Easters are the principal sources of storm damage on the east end. The hurricane season is between June and November; most storms occur in August-September. While preparedness lead time has increased in re- cent decades for major storms, so has the number of boats on the water. Early warning is also important in the fall, when fewer second-home boat owners are present. Also, a particular issue in the Town is that many boat owners are not local residents, and are therefore not around for the periodic squall that can result in snapped lines and other damage as well as the resulting cleanup. ~ec~.endatton M.23: Develop a ~cal ~r4-- Sto~ ~epare~ess Plan for the Tmm A local storm emergent7 preparedness plan would establish a set of actions for pre- and post-storm activities and be a cooperative effort of the office of the Bay Constable and other Town aEencies and departments, mari- nas, private yach~ clubs and associations, and individual boaters. Each marina, boa=yard, yacht club, and boating association should have individ- ual s~orm and hurricane emergency plans, includinE instructions to sraff III-34 I I I I I I I I i I I I I I I I I i I and boat owners. Educational programs should also be conducted for emer- gency storm management. Issue: ~educe Post-Stor~ Debris This is essential not only because of the loss of personal property, but much of the post-storm refuse becomes unaccountable and is non-biodegradable, causing navigational and aesthetic impacts along the shoreline, as well as the costs to the Town to clean public beaches. ~ecomnendation M.24: Secure Kquipment from Storm Impacts To the extent feasible, all emergency storage areas be within stable and secure structures and away from the water's edge. Where feasible, these areas should be outside (or above) the lO0-year flood zone. Equipment Chat could be taken ouC of storm areas should be removed. N. FISNER$ ISLAND Issue: Fishers Island llarbor ~=--$ement Plan The Fishers Island Harbor Committee, established in 1991 by the Civic As- sociation, has responsibility for harbor management on the Island, and has drafted a Fishers Island Harbor Management Plan (see Appendix C). Overall ob- jectives are the protection of the extensive natural features on the island, limitation on general accessibility, and preservation of the general island heritage and culture. ~econmendation N.I: ~eview the Fishers Island Narbor w---sement Fl-- for Approval and Consistency vith the Torn Plan Generally, chis plan is consistent with the overall Town objectives and the speciflc issues co the island. For the Fishers Island plan to be adopted as an ordinance, as the Cexc implies, an act by the Town Board will be required. Issue: No Pumpout Facilities on Fishers Island Recohuendation N.2: Pursue Options, IncludinS Public/l~ivate Actions (Discussed Above) to Hake a Pumpout Facility Available on the Island This will be of particular importance if an East End No Discharge Zone is to be established chac includes Fishers Island. III-35 I I I I I I I I I I I I I I I I I I I Issue: The Teo Zones on the Zsland are HI~; There is No MT D~strict. R~commendat[on N.3: Evaluate the Fishers ZsZand Ha~ne Business ZoninS and Designate MT Zones 111-36 I I I I I I I I I I I I I I I I I I I SECTION IV: MATTITUCK INLET A. INTRODUCTION In March 1994, DOS released the Draft Long Island Sound Coastal Management Program (LISCMP). This detailed study resulted in twelve policies that reflect the iaaues and conditions specific to the Sound, with a proposal for Special Management Areas, one of which is Maritime Centers. LISCMP identified Matti- tuck Inlet as 1 of 10 Maritime Centers on the Sound. Fundamentally, Maritime Centers are the most auitable locations for new or expanded water-dependent commercial and industrial uses, and harbor management plans are specifically recommended for such areas. Mattituck Inlet is Southold's only active harbor on Long Island Sound and the only harbor east of Mt. Sinai to Orient Point, a distance of over 40 miles. It is the easternmost deepwater port-of-call, a harbor of refuge, and is home to a commercial fishing fleet with anchorage for transient recreational boat- ers. For theae reasons, it was selected as a Maritime Center in LISCMP. That plan gathered a variety of data on Mattituck Inlet (see Figure IV-i), and made recommendations for the inlet to meet the objectives of LISCMP (a copy of the Mattituck Inlet portion of LISCMP is provided in Appendix E). One of thoae recommendationa was that a detailed Harbor Management Plan be developed for the inlet as a component of the Town's Local Waterfront Revitalization Program (LWRP). Mattituck has been the focus of the Town's attention since 1980, when the Mattltuck Inlet Advisory Committee was appointed to focus on concerns about its use and declining ecological health. Under the Committee's direction, the Suffolk County Planning Department completed a study in April 1981, Mattituck Creek Watershed Study, Phase I, Inventory of Existing Conditions and Identifi- cation of Development Opportunities. Ten opportunities were identified in that study; among them were: identifying reuse opportunities at the mouth of the inlet, enhanced public access and recreational opportunities, stormwater runoff control, acquisition and protection of tidal wetlands, reduction of environmen- tal impacts from development, and long-term protection of the navigation and natural features of the inlet. DATA INVENTORY AND ANALYSIS Overall Description Mattituck Inlet is a 2.5-mile-long inland waterbody tidally connected to Long Island Sound. It is a well-protected harbor, the Town's only navigable inlet on its north shore, and the only Long Island north shore harbor east of Mount Sinai, a distance of about 40 miles. A shallow waterbody, Mattituck has a depth of 10 feet in the channel and a tidal fluctuation of about 5 feet. Long and narrow, at its widest it is a few hundred feet wide at the head. An arm of the creek on its east side is called Long Creek. IV-1 I i I I I I I I i I I I i I I i I i I Lo i N // Mattttuck Inlet Maritime Center · ':,-:. Marine [I Zoning District ~ Commercial Fishing Suppor: Facilities ~:~.'}~,:r.~Opportuni? for Water Depenc. en~ Redeve opmen 0 Public Access/Street End Improvements · Proposed Vessel Waste Facilities SH SS · Dredged Materla] Disposid/Beach Nourishment/Sa~d Bypassing Significant Habitat Si~ifi~t Shellfis~eri~ Urban/Agricultural Nonpolnt Source Pollution Source: Long Is(and Sound Coastal Management Program, March 1994 Figure IV- 1 Mattltuck Inlet I I I i I I ! ! i I I I I I I I I i I The inlet is unique in that it is an active and busy working harbor that has retained significant natural resources. Features of Mattituck Inlet are: concentrations of commercial and recreational maritime activities~ aquaculture, shellfish harvesting (when water quality conditions allow), parkland, extensive wetlands, and state-designated significant coastal fish and wildlife habitat. Specifically, Mattituck contains: A working waterfront with water-dependent uses concentrated in three locations: at the mouth, middle, and head; A federal channel, with an anchorage at the head of the inlet and a capacity for about 75 craft; Commercial fishing operations and five recreational marinas with party and charter boats; o Town-regulated mooring field positioned near the head of the creek; Two boat ramps and a boating facility (shower, bathrooms) at the head, operated by the Town (one ramp) and Mattituck Park District (ramp and facility); Tidal wetlands, including a 50-acre state-designated Significant Coastal Fish and Wildlife Habitat at the mouth; o Substantial shellfish beds, both hard shell clam and oyster; o Waterfront parkland and beaches on both sides of the jetty; A number of homeowners' docks along the waterfronts of the inlet and Long Creek; and Approximately 21 acres of vacant and formerly developed land at the mouth of the inlet, on the west side, zoned Marine-II (MII), that was formerly a petroleum and asphalt tank farm. Waterfront Lands and Water-Dependent Uses Marine Recreation Mattituck Inlet provides one of the Town's largest concentrations of ma- rine facilities that includes recreational and commercial marinas, a federal anchorage, boat ramps, and private docks (see Table IV-l). These are described in greater detail below. Marinas There are 5 marinas within Mattituck that together provide a total of about 300 slips, most of which are recreational, but with many commercial slips at the mouth of the inlet. These marinas include: o Petersons. Located at the mouth of the inlet on the west side, and containing a total of about 70 slips, Petersons Marina is used by IV-2 I I I I I I I i I I i I i I I I I i I Table IV-]. F~%RINE RECm~ATION IN MATTITUCK INLET l%*blic and Private Slips/Berths Moortnes Marinas Mattituck InletMarina Petersons Marina Mattituck Fishing Station Mat-a-Mar Marina Moorinms Town-Issued Moorings Ramps Town Ramp Mattituck Park District Ramp Federal Anchorage private Docks/Bulkheads Public Anchorage Ramps* Capacity 78 70 1 4O 1 91 80-90 27 1 1 30-75 Note: * Public is defined as available to the general public for a fee. Private is defined as a yacht club, homeowners association, or dockominium. Field Survey, Allee King Rosen & Fleming, Inc., January 1995; Town of Southold Departments of Planning and Community Develop- ment, April 1995; Town of Southold Marina Survey, February/ March, 1995; Town of Southold aerial photos, May 1993; Town of Southold data (no date); Embassy's Complete Boating Guide and Chartbook, Long Island Sound, 1993; New York Sea Grant Service marina listing, January 1995; telephone interview, Allee King Rosen & Fleming, Inc., March 1995. both commercial and recreational craft. In addition to the in-water slips, Petersons has one of the four dry rack systems in the Town, and the only dry rack on the sound side of the Town and in Mattituck Inlet; the capacity is about 60 craft. Upland uses include winter storage and staging areas for commercial operations, including the storage of lobster traps. Amenities provided include electricity, water, ice, and basic repair and fueling services. A ramp is avail- able for public use. Mattituck Fishin~ Station. Just south of Petersons is Mattituck Fishing Station, a marina with about 40 slips. This marina provides rentals with a bait and tackle shop, a ramp, and fueling. There is also a residence on the property. IV- 3 i I ! I I I I I I I i I i I I I I Mattituck Inlet Marina and Shiovard. Mattituck Inlet Marina is a large full-service marina, located just south of the Old Mill Road on the west side of Mattituck. Although it provides slips for seasonal rental and some transient use, one of its principal functions is as a full-service boat maintenance and repair. There are seven large sheds on the upland of the site used for hull and engine repair and maintenance, painting, drying, refinishing, and winter storage. Out- door winter storage and wet storage are also provided. There are three travel lift stations with the capacity to handle boats of 30, 50, and 80 tons, and lengths up to 110 feet. Within the water there are 78 slips, with showers and restrooms. Fueling is available. Mat-a-Mar. At the head of the creek is the Mat-a-Mar marina. One of the larger recreational marinas in the Town, Mat-a-Mar has 91 slips, of which about 50 percent is used by transient craft. In conjunction with the federal anchorage located nearby, this marina provides one of the main concentrations of transient use within the Town. Mat-a- Mar provides the range of recreational boating amenities, with show- ers and restrooms, ice, full-service repair, and the only pumpout facility within the inlet. Also provided are a restaurant and out- door pool cabana club (the pool is used for Town swimming lessons). Winter storage is provided in sheds, with a capacity for about 100 craft. In-water wet storage is available for 25 craft. Federal Anchorame The only federal anchorage in the Town is located at the head of Mattituck Inlet. Dredged in the 1960's, its dimensions are about 460 feet wide and 570 feet long (about 6 acres), and its capacity is estimated at 75 craft. The an- chorage is a popular destination for recreational transient craft in the s-mmer months, and provides a well-protected harbor of refuge (the only harbor of ref- uge east of Mt. Sinai). Moorings Located in the head of the inlet are a number of moorings permitted by the Town. In 1994, these moorings totaled 27, and were basically located west of the federal anchorage.. Mattituck has also been identified as one of the creeks in the Town at its mooring capacity, and has a waiting list of five for 1995. Boat Ramps In addition to the marinas, there are two public ramps in Mattituck, both at the head of the inlet. One is operated by the Town and the other is oper- ated by the Mattituck Park District. Both are hard-surface ramps. The Town ramp is available to all residents with a sticker. The Park District ramp is available only to district residents. For a fee, the general public can also use the showers and restroom facilities. IV-4 I I i 1 I I I i I I I I I I I I I I I Private Docks Along the length of Mattituck and Long Creek, there are a number of pri- vate docks and finger piers that stick out into the water, as well as private bulkheads. It is estimated that in total, these private facilities provide berthing for about 80 to 100 craft. Recreational Fishinm In addition to the private recreational craft, Mattituck is also home to a small fleet of charter party fishing boats. These boats are docked on the west side of the inlet, just north of Old Mill Road. Commercial Fishinm Four businesses and approximately 20-25 commercial fishing vessels (less than 60 feet in length) work out of Mattituck Inlet. Although there are com- mercial businesses elsewhere in the Town, Mattituck is the center of the Town's commercial fleet. Most of these vessels make daily runs in the Sound for lob- ster and finfish, although some trawlers make extended trips. There are ample docking facilities for commercial fishing vessels. One facility has a hydrau- lic crane for loading and unloading and, unlike most ports on the Sound, pro- vides gear storage. However, no ice is available at many facilities, and fuel etations are lacking, requiring fuel to be trucked to commercial vessels. Mechanical and engine repairs are provided by on-call mechanics. Mattituck is also used by transient commercial vessels during the summer. Much of what is landed in Mattituck is sold commercially at the Fulton Fish Market (75-80 per- cent), and the balance is sold locally. Abandoned Industrial Waterfront Uses At the mouth of the inlet -- where the channel turns east and just in from the Jetty -- are two underused waterfront former industrial properties. One, a 1.3-acre parcel, is owned by the Town, and the other, a parcel of about 21 acres, is privately owned. The larger parcel, now abandoned, was formerly a petroleum storage and asphalt-processing operation. Currently, a number of deteriorated tanks remain standing on the site, along with hoppers and smaller buildings. A portion of the property is bulkheaded, although the condition of the bulkhead is deteriorated. The portion that is not bulkheaded is a sand/rock beach with a crumbling pier that does not reach the-water. The bal- ance of the site is deteriorated surface cover and invasive vegetation. Navigation and Dredzinz Mattituck is a federally maintained channel, and maintenance is the re- sponsibility of the Army Corps of Engineers (ACOE). According to National Oceanic and Atmospheric Administration (NOAA) charts, channel depths range (from mean low water) between 7M feet at the mouth and 4M feet near the narrow neck at Old Mill Road, with a 5M-foot depth near the head. A rock jetty pro- tects the east and west sides of the inlet, with Coast Guard navigational aids identifying the channel entrance at Long Island Sound. IV-5 i I I i 1 I I I I I I ! I I I I i I I Because of its generally long and narrow configuration, Mattituck is a well-protected channel and harbor of refuge; wind waves are limited. Naviga- tion during the busier summer months can be difficult in the narrow stretches, particularly during periods of tidal change. The natural depth of Mattituck Inlet is about 2 feet at low water. Plans for deepening the inlet date back to the late 19th century, when consideration was given to developing Mattituck as a commercial port for the transport of goods between Southold, New York City, and Connecticut (agricultural and other exported products), and to provide a harbor of refuge. In 1896, Congress approved the dredging of a 7-foot-deep channel and the construction of two jetties. Work on one of the jetties began in 1901, and dredging commenced in 1907, south to the mill dam tidegates and highway cross- ing at Waterville, where East and West Mill Roads now end at the creek. In 1914, a drawbridge replaced the dam and the southern portion of the channel was dredged; the north channel was again dredged in 1921, 1923, 1927, and 1935. Due to the costs and difficulties of maintaining the Mattituck Chan- nel, and the more efficient availability of rail, commercial growth of the port was not realized. However, efforts to keep the channels opened remained. To resolve continual shoaling believed to be caused by storms from the northwest, a 250-foot extension of the west jetty out into Long Island Sound was completed in 1938. Records show maintenance dredging occurred in 1938, 1946, 1950, 1955, 1961, 1965, and the 1980's. By the mid-1960's, commerce within the creek had changed, and shipments now consisted almost entirely of petroleum products, including gasoline, fuel oil, and asphalt from a processing plant at the mouth of the inlet (see discus- sion above). In 1965, a 460-by-570-foot anchorage area was dredged at the head of the Creek, with Suffolk County providing the 50 percent local matching funds required by the Army Corps, and the Town providing a disposal site on the south side of Long Creek. Prior to the current work, the jetties were last repaired in 1995. Cur- rently, there is shoaling reported at the mouth. Last dredged in the 1980's, Mattituck is scheduled for dredging in 1996. Shellfishinz The inlet contains extremely productive shellfish beds producing hard and soft clams and oysters that are harvested both commercially and recreationally. It is considered by the local baymen to be one of the most productive creeks in the Town. However, because that portion of the inlet south of Long Creek is closed year-round to shellfishing and the balance of the creek is opened condi- tionally (see discussion below), landings from the creek are limited. Agricultural and urban nonpoint runoff within the inlet's narrow drainage basin are the primary sources of the water quality degradation that has re- stricted shellfish harvesting impairment. Roadway runoff discharges to the creek have been identified by the Town as a source of nonpoint pollution. Water quality degradation is related to the concentration of vessels from the marinas, moorings, and federal anchorage at the head of the inleT. IV-6 I I I I I I I ! I I I I I i I I i I I Waterfront Parks and Beaches A ~3-acre parcel at the mouth on the west side of the inlet was acquired by the Town of Southold in 1993 using Environmental Quality Bond Act funds. However, this site is fenced off and not used. Two parks with beaches -- Bailie's Beach Park and Breakwater Park -- under the jurisdiction of the Mattituck Park District, flank the east and west sides of the jetty; their use is limited to Mattituck Park District residents. The east beach abuts the Mattituck Inlet Wetlands Significant Coastal Fish and Wildlife Habitat. This state-owned wetland system is available to the public through a permitting process (although there is no means to reach it except by boat), and provides opportunities for passive recreation, such as nature study and observation. Natural Resources Wetlands Vegetated tidal wetlands line the inlet shoreline; the most extensive system is the approximately 60-acre Significant Coastal Fish and Wildlife Habi- tat at the mouth, on the east side of the inlet, which includes open water and intertidal wetlands north of Mill Road. This wetland is characterized by good flushing action and a complex that supports juvenile marine finfish, clams, mussels, and osprey. Most of the vegetated wetlands in this designated habitat are owned by the State Department of Environmental Conservation. Potential sources of impacts include: chemical contamination and oil spills, alteration of tidal patterns, excessive turbidity, pollution from marinas, elimination of salt marsh and intertidal areas due to dredging excavation or filling, and construction of shoreline structures. The remainder of the underwater lands and tidal wetlands are owned by the Town of Southold. These 'wetlands are highly productive habitats that support a variety of fish and wildlife, both within the inlet and in Long Island Sound near the inlet. These include a substantial soft clam and oyster shellfishery, which is dependent on high water quality and undisturbed wetlands. Water Oualit¥ Classifications There are three state-designated water quality classifications in Matti- tuck: high-quality (shellfishing) SA waters are designated at the mouth; SC (secondary contact) waters are designated north of Old Mill Road; and the trib- utaries are designated C (non-marine) waters. Impacts on water quality condi- tions within Mattituck are discussed above. IV-7 i I I I I I ! I I I I I I I I i I I C. ISSUgS AND ANALYSIS Overview of Issues Issues within Mattituck Inlet are: o Protection of water-dependent uses and the working waterfront (both recreational and commercial maritime activities); o Adaptive reuse of underutilized, previously disturbed waterfront properties; o Navigation and dredging, including use of the Town's only federal harbor, including the federal anchorage, maintenance dredging, and the protection of navigation channels; o Provision of opportunities for sheltfishing and aquaculture; o Expanding access to the water for natural recreation, navigation and shellfishing; o Conflicts between marine uses and the environment; and o Substandard water quality and the need to reduce all contributing pollution sources. A further discussion of these issues is provided below. ~ater-Dependent Uses Although the existing water-dependent uses along the Mattituck waterfront are consistent with the MII zoning category, the MII district does allow the potential for non-water-dependent uses. While many of these uses are consid- ered water-enhanced in that they do create public opportunities along the wa- terfront (e.g., restaurants, hotels), the loss of docking and support facili- ties for the commercial fishing fleet to these uses would be devastating to north shore commercial fishing operations, since the facilities in Mattituck are the only ones available along this stretch of the Long Island Sound. Use of Underutilized/Previously Disturbed Waterfront Lands In addition to maintaining the existing marinas and marine recreational facilities in the inlet, there is an opportunity to locate additional water- dependent uses, or a mix of water-dependent and water-enhanced uses, at the 1.3-acre Town-ow~ned parcel and the 21-acre underused parcel at the north end of the inlet. The 1.3-acre parcel is appropriately situated for water-dependent recreational uses -- such as public boat ramps -- due to its proximity to the Sound (launched boats would then not have to travel the length of the creek to reach open water), its previously disturbed/level terrain, and the absence of significant natural resources both on and adjacent to the site. However, the IV- 8 I I I I I I I i I I I i I I I i i I I site's size is a limiting factor, as is potential congestion at the narrow mouth of the inlet. The larger site has potential as an upland area for a recreational-commer- cial maritime support facility (e.g., dry storage, repair service packing-ship- ping). However, there are a number of cost limitations upon its reuse: o Acquisition; o Potential hazardous materials remediation given its use history; Waterfront infrastructure upgrading and repair, including bulkhead and pier reconstruction; o Demolition and site clearance; and o Facilities construction. In addition, the site's location on a bend of the narrow Mattituck channel does present some limitations to its use for maritime purposes. Accessibility to the site is also an issue with this property. It is a distance from the main roads; traffic conditions on local roads would have to be another consideration in assessing its appropriate use. Given the above, it remains that the site does present the opportunity for redevelopment as a mari- time use. Such a reuse would be consistent with the Townwide goals discussed above. The waterfront site is sizable (21 acres), previously developed, does not contain significant environmental features, and is part of the historic working waterfront of Mattituck Inlet. To this end, the current MII zoning at the site should be evaluated and consideration given to MI zoning, which is more exclusively water dependent. In addition, both local and regional considerations should be made in making future recommendations for this parcel. In the absence of privately sponsored development at this site, its purchase for a marine recreation park, in conjunction with the adjacent 1.3-acre parcel, could be considered. Such a use, however, would require the expenditure of sizable capital funds for acqui- sition and development. Navization and Dred~inz Federal Anchorage The anchorage at the head of the inlet does not have moorings for trans- ient vessels. These vessels anchor, requiring a greater scope and occupying more space in the anchorage, or anchor outside it because of a lack of space. Permanent or semi-permanent moorings and tackle for transients, which are safer than conventional anchors and use a shorter scope, would improve the use of space in the anchorage. Such systems would require a relatively small capital expenditure. They could be installed by a private operator, who could recover costs raised from an overnight fee. This is the practice in other transient harbors in the Northeast. IV- 9 I I I I I I I I I I i I I I I i I I Dredging As stated above, shoals are forming at the inlet channel, which is becom- ing a hazard to navigation, particularly at the mouth. Shoaling and deposition within the channel has been a long-term issue for Mattituck. ACOE proposes to dredge the channel in 1996. Current repairs to the jetty are expected to rel- ieve certain shoaling issues at the inlet. Considerations should also be given to dredging the channel to a depth deeper than previous dredging depths, as a way to protect channels for navigation over a longer period of time, and to reduce the frequency of maintenance dredging. Structures in the Water New in-water structures, such as docks and bulkheads, have become preva- lent along the inlet shoreline. These structures impede access for shellfish- lng and other uses, and affect navigation in narrow, shallow areas if they extend out too far. Decking that covers underwater lands should be limited, and should not be within navigation channels or adjacent areas where navigation could be affected. Erosion. Inlet. and Beach Maintenance At the entrance to the inlet, beach erosion on the east side of the jetty and shoaling on the west side are problems that requires continuing mainte- nance. Shoaling is a hazard for larger commercial and recreational vessels and ultimately reduces inlet flushing rates. Jetties at the entrance preclude the downdrift (easterly) movement of beach material, resulting in erosion of the beach on the east side of the inlet. The beach on the east side of the city provides an opportunity for dredge spoil for beach replenishment and tern col- ony enhancement if implemented properly. Water Quality, Shellfishing. and Aauaculture Substandard water quality resulting from nonpoint and point .source pollu- tion preclude the inlet's designated use for shellfishing during most of the year, except during cold and dry winter periods when there is very little run- off into the inlet and no recreational boating activity. While water quality fails to meet SA water quality standards most of the year, it may be possible to improve water quality and reopen areas within the inlet for shellfishing. This will require control and/or treatment of stormwater and agricultural run- off using nonstructural as well as structural management practices. If these improvements are effective, current closures might be amended. In addition, use conflicts between shellfishing and concentrations of vessels in marinas and mooring areas must be addressed to allow reopening of shellfish beds, if possi- ble. Some of the potential risks of vessel waste pollution may be reduced by providing sufficient pumpout stations (see the Townwide policies). To effec- tively resolve these use conflicts in the short term, concentrations of an- chored vessels will have to be limited to designated areas and prohibited in areas that are prime areas for shellfish harvesting. At the mouth of the creek, there is also an active aquaculture operation maintained by Blue Point Oyster. These activities are important to the future of the local commercial fishing industry and should be protected and encouraged. IV-10 I I I i I I ! 1 I I I I I I I I I I I D. RECOmmENDATIONS AND IHPLEMENTATION Introduction Objectives for the Mattituck Inlet subarea of the Harbor Management Plan include: o The need to preserve and improve water-dependent uses within the inlet; o Reuse of approximately 21 acres of vacant and underutilized water- front land at the north end of the inlet for water-dependent uses; o Improve surface water quality for shellfishing; and o Maintain natural resources within the inlet, such as significant fish and wildlife habitats, wetlands, and shellfish beds. Recommendations and Implementation To further the Townwide recommendations provided above in Section III and the recommendations of the Long Island Sound Coastal Management Program, the Mattituck Inlet plan proposes the following: Protect Water-Dependent Uses. Protect and maintain existing water-depen- dent uses in their current locations and improve conditions so that the7 can operate more efficiently. Allow these uses to expand within defined perimeters. Examine the zoning along the inlet and need for zoning marine use properties as MI zones from the current MII zone. One such location is the vacant land at the mouth of the inlet (see discussion below). Reuse of vacant Parcels. Facilitate the siting of maritime uses on the vacant sites at the mouth end of the inlet. This should include a public boat ramp, waterfront public use, and possible dry rack storage, but the level of activity at this location would have to consider protection of the navigation channeI width and the capacit7 of the inland streets to provide access. Parcels should also be open to public access, with con- sideration to public safety. Habitat Protection. Protect the significant natural resource and habitats throughout the inlet. Proposed dredging in 1996 should be done in such a way that improves tern and piping plover habitat (disposal east of the east jetty) and minimizes impacts on water quality, the aquatic resources, and habitats within the inlet. This would include identifying these natu- ral resources in the dredging plan, avoiding significant beds to the ex- tent feasible, and using silt screens to minimize turbidity. Water Quality. Improve water quality for shellfishing by developing reme- diation measures for stormwater runoff (both point and non-point sources), vessel waste discharges, commercial facility pollution controls, and sep- tic leachate. With respect to vessel discharges, gather data on the types IV-ll I I I I I i I I I I I I I I I I I I I 10, of craft chat use the federal anchorage (i.e., mix of large boats with heads and smaller craft) and the use of pumpouts. GurrenCly, there is one pumpout in Mattituck at the Mat-a-Mar marina; this facility should have the capacity to handle pumpout demands within the inlet. Education through signage at the federal anchorage as to the availability of this facility could improve use of pumpouts. Shellfish Harvestinz. Maintain access opportunities to shellfish beds. Ensure that access is noC precluded by structures or boating infrastruc- ture. Protect aquaculture operations from impacts from boating and water quality degradation. Encourage improvements thac will reduce pollutant loading to the inlet and, as a consequence, improve shellfish harvesting opportunities. Use of transplant co non-polluted waters is also encouraged. Moor£nKs and Anchoraze SYstems. Within the context of the protection of water quality, shellfish beds, and navigation channels, alternative moor- lng techniques (as discussed above) could be considered to reduce water area occupied by boat-swing circles. These alternative techniques could be used within the federal anchorage. This would require a capital in- vestment and some operational costs that could be recovered through user fees. Implementation could be a public/private partnership. Management. Consider a harbor management committee for Mattituck that would coordinate the activities within its waters. This could also in- clude an improvement district, pursuant to Section 190 of the New York State Town Law, to provide a funding mechanism for public projects and physical improvements in the inlet, such as water quality improvement projects, studies, construction and maintenance of launching ramps, public docks, anchorage areas, bulkheads, land acquisition, public docking facil- ities, dredging, and shellfishing. Public Access. Protect, maintain, and expand public access opportunities to both underwater lands and the foreshore for shellfishing, fishing, recreational boating, swimming, and passive recreation. To this end, expanded facilities for public fishing from the rebuilt jetty should be implemented. Also, the protection of access to the water's edge must be considered in the issuance of permits for structures (see also the discus- sion under ~2 above). Dredzinz. Dredging is proposed in 1996. Seek advanced maintenance dredg- ing of the channel extending to a depth greater than 7 feet, thereby ex- tending the periods between dredging. Dredging should be done so that impacts on water quality and natural resources are limited and not signif- icant. Marinas should be encouraged to piggyback when Corps dredging is planned (to piggyback is to have some portion of the marina channel dredged as well). Channel Protection. There are very narrow areas of the channel at the areas around the Old Mill Road bridge. Protection of the channel from impacts -- both by structures along this stretch of the inlet and through all of Mattituck -- is of utmost importance. Potential impacts of new s¢ructures on channels and navigation must be considered in the review of permit applications for structures along the water. This would include the protection of the immediare channel (40 feet wide) and a buffer area IV-12 I I I I I I I I I I I I I I I I I I I 11. 12. 13. 14. on both aides of the channel (e.g., 10 feet on both sides). Trustee re- view of permits for structures in water should address channel protection. Deteriorated Waterfront Conditions. The bulkheaded edge of the vacant property at the head of the inle¢ is deteriorated. Although no structural analysis was done as part of this study, in the absence of redevelopment of that property, the shore protection structures will continue to dete- riorate. This could eventually pose a threat to navigation, particularly if the bulkhead fails, and should be monitored. If the conditions begin to pose a serious threat to navigation, actions should be taken to remedy these conditions at the expense of the property owner. Raftinz in the Federal Anchorage. This is a good north shore anchorage, and the waters are well-protected. There have been incidents, however, when boats raft up, the captain and crew leave the boats, and the boats drift during high winds. Rafted craft should not be left unattended and rafting should not be permitted when small craft advisories are issued. This can be stated on naviEationai aids that define the anchorage. NiKhttime Noise. Sound vibrations tend to travel greater distances over open water than on land and are much more discernible at night. Persons on boats may therefore be creatinE noise pollution without realizinE lc. Overall, chis is noC a major problem, buC at times has been an issue in MaCtituck. Provision of noise meters for the Bay Constables should help in this regard. Tourism and Economics. Provide promotional and informational si~naEe near the MaCtlCuck federal anchorage (at the Town ramps) regarding lnland ac- tivities to encourage boaters to spend money locally. IV-13 I I I I I I I I I I I I I I I I I I I Ee LIST OF APPENDICES A. CHAPTER 32, BOATS, DOCK AND WHARVES B. TOWN OF SOUTHOLD MARINA SURVEY FORM C. FISHERS ISLAND HARBOR MANAGEMENT PLAN D. ALTERNATIVE MOORING TECHNIQUES LONG ISLAND SOUND COASTAL MANAGEMENT PROGRAM MATTITUCK INLET ~COMMENDATIONS I I I I I I I I I I I I I I I ! I ! I A. CHAPTER 32, BOATS, DOCK AND WHARVES I I I I I I I I I I I i I I I I I I I § 32-10. § 32-11. § 32-12. § 32-13. § 32-20. § 32.21. § 32-22. § 32-30. § 32-31. § 32-32. § 52-32.1. § 32-33. § 32-34. § 32-35. BOATS, DOCKS AND WHARVES Chapter 32 BOATS, DOCKS AND WHARVES ARTICLE I Obstruction and Use of Town Waters Permit required. Restricted areas at end of town hi .ghways. Issuance of permits by Board of Trustees. (Reserved) ARTICLE II Public Docks Definitions. Monopolization of docks, · landing places prohibited. (Reserved) bulkheads and ARTICLE IH Boats Short title; applicability. Definitions. SAr~itary regulations. Ramps. Unnavigable boats; hazards to navigation. Operation of boats near beaches and bathers. Water-skiers. 3201 4-25-94 I I I I I I I I I I I i I I I I I I § 32-36. § 32-36.1. § 32-36.2. § 32-36.3. § 32-37. § 32-38. § 32-38.1. § 32-38.2. § 32-38.3. § 32-39. § 32-39.1. § 32-39.2. § 32-39.3. § 32-39.4. § 32-40. § 32-41. § 32-42. § 32-43. § 32-50. SOUTHOLD CODE Speed limits; m~-ner of operation. Equipment. Operators. Regulation of personal watercraft and specialty prop-craft. Internal-combustion engines; mufflers. Aquatic events. Bathing a~d swimming. Scuba diving. Spear fishing. Mooring and anchoring. Anchoring in Mattituek Creek. Anchoring and mooring in West Harbor and Hay Harbor. Mooring permits. Mooring without a permit. ARTICLE IV Floating Homes Legislative findings. Definitions. Prohibited acts. Severability. ARTICLE V Actml-istration and Enforcement Enforcing officer. 3202 I I I I I I I I I I I I I I I I I I I § 32-51. § 32-52. BOATS, DOCKS AND WHARVES Notice of violation. Hearing. (Cont'd on page 3203) 3202.1 ~ - 25 - 94 I I I I I ! I I I i I I I I i I I I I § 32-10 § 32-53. BOATS, DOCKS AND WHARVES § 32-11 Compliance required; penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold: Art. I, 5-18-1959; Art. II, 6-28-1935; Art. IH, 10-4-1960; Art. IV, 9-24-1985 as Section H of L.L. No. 15-1985; Art. V, 6-23-1981 as L.L. No. 3-1981. Sections 32-13, 32-22 and 32-39 ~mended during codification; see Ch. 1, General Provisions, Art. H. Other amendments noted where applicable.] ARTICLE I Obstruction and Use of Town Watere~ [Adopted 5-18-1959] § 32-10. Permit required. No person shall place any piles, stakes, buoys, piers, docks, bulkheads or other objects in or on any town waters or public lands under or adjacent to town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under town waters in the Town of Southold without first obtaining a permit therefor from the Board of Trustees of the Town of $outhold.2 § 32-11. Restricted areas at end of town highways. No person shall moor, anchor or place any boat on any public lands at the end of any town highway in the Town of Southold 3203 6-25-93 I I I I I I I I i I I I I I I I I § 32-11 SOUTHOLD CODE § 32-20 in an area established by the Board of Trustees of the Town of Southold as a restricted area. § 32-12. Issuance of permits by Board of Trustees. The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. To issue revocable permits for the. placing of piles, stakes, buoys, docks or other objects in or on any town waters or public lands under or adjacent to town waters, and for the removal of sand, gravel or other materials from lands under town waters, provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. B. To establish and designate rest~cted areas at the ends of town highways in the Town of Southold wherein the mooring, anchoring or placing of boats shall be prohibited. C. To establish uniform fees for the issuance of permits required by this Article. § 32-13. (Reserved)s ART!CLE II Public Docks [Adopted 6-28-1935] § 32-20. De~nttions. For the purpose of this Article, the terms used herein are defined as follows: 3204 I I I I I I I I I I I I I I I I I I I § 32-20 BOATS, DOCKS AND V~tARVES § 32-30 MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PERSON-- Includes an individual, copartnership, society, association, joint-stock company, club, corporation and any combination of individuals. § 32-21. Monopolization of docks, b,dkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the Incorporated Village of Greenport). § 32-22. (Reserved)4 ARTICLE IH Boats [Adopted 10-4-1960] § 32-30. Short title; applicability. A. This Article shall be known as the "Boat Ordinance of the Town of Southold." B. The following rules and regulations shall apply to all waters within the Town of Southold and to all waters bounding the Town of Southcld to a distance of one thousand five hundred (1,500) feet from the shore; provided, however, that they shall not apply to waters 3205 32-30 SOUTHOLD CODE § 32-31 within or bounding an incorporated village of the town to a distance of one thousand five hundred (1,500) feet from the shore. I I I I I I I I I I I § 32-31. Deenltions. For the purpose of this Article, the terms used herein are defined as follows: BOATS-- Every vessel propelled in any manner. [Amended 5-19-1987 by L.L. No. 5-1987] BOWRIDING-- The practice of riding on the bow of a vessel when such vessel is not equipped by the manufacturer with facilities for riding on the bow while said vessel is underway. [Added 8-28-1990 by L.L. No. 17-1990] CHANNEL SYSTEM-- The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft; and, in addition, refers to man-made or stabilized waterways designed for the navigation of watercraft. For the purpose of this iArticle, boat basins and bathing areas are included in the "channel system." [Added 8-28-1990 by L.L. No. 17-1990] PERMANENT MOORING-- Any of a number of different mechanical or cable-like systems the intended purpose of which is to permit the securing of a boat to a f~xed location. Said system typically consists of an anchoring device (mushroom or other) which is placed on the bottom of the harbor and is connected to a floating device (i.e., ball) by cables and/or lines. [Added 5-10-1983 by L.L. No. 5-1983; a~nended 6-2-1992 by L.L. No. 12-1992] PERSONAL WATERCRAFT- A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on or 3206 I I I I I I I I I I I I I I I I I I I § 32-31 BOATS, DOCKS AND WHARVES § 32-33 being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel. [Added 4-6-1993 by L.L. No. 4-1993] SPECIALTY PROP-CRAFT -- A vessel which is powered by an outboard motor or a propeller-driven motor and which is designed to be operated by a person sitting, standing or kneeling on or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel. [Added 4-6-1993 by L.L. No. 4-1993] TEMPORARY ANCHORING -- The securing of a b~at in a harbor on a temporary basis by means of an anchor carried aboard the boat. [Added 5-10-1983 by L.L. No. 5-1983] § 32-32. S~nltary regulations~ [Amended 8-10-1971] The dumping of oil, refuse, garbage, sewage or waste is prohihited. § 32-32.1. Ramps. [Added 8-28-1990 by L.L. No. 17-1990] A. All boat engines must be shut off when loading or unloading at any town boat ramp. B. No person shall park or leave any unattended vehicle on any ramp. 32-33. Unnavigable boats; hazards to navigation. A. Any boat which becomes a menace to navigation or unseaworthy or s/nks, grounds or' otherwise becomes · disabled or incapable of navigation shall be removed or restored to navigable condition by the registered owner upon notice from the $outhold Town Board or its designated agent, which notice shall be either by personal service or by certified mail addressed to the 3207 6-25-93 I I I I I I I I I I I I' I I I I I I § 32-33 sOUTHOLD CODE § 32-35 registered owner's last knov, m address as given by him or as stated in his certificate of registration. [Amended 8-26-1976 by L.L. No. 3-1976] B. If such boat is not removed or restored to navigable condition by the owner within one (1) week after the mailing of said notice, the Southold Town Board or its designated agent may direct the removal or destruction of the boat, and the cost of said removal, including storage charges, shall attach to and shall become a lien upon said boat, and said boat may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The town shall not be liable for any damage done to said boat during its removal, storage and sale. § 32-34. Operation of boats near beaches and bathers. [A~nended 8-28-1990 by L.L. No. 17-1990] No boat propelled other than by hand shall cruise or be operated within one hundred (100) feet of any lifelines or bathing float or, if there are no lifelines or bathing float, then within one hundred (100) feet of any public or semipublic beach regularly used for bathing or swimming, nor shall such boat cruise or be operated in excess of five (5) miles per hour within ~ (50) feet of any person bathing or swimming or an anchored or moored boat. § 32-35. Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such boat or vessel a person, other than the operator, of at least ten (10) years of age, in a position to observe the progress of the person being towed. [Amended 3-7-1961] B. No person shall ride on water skis, a surfboard or similar device, or use or operate a boat to tow a person thereon, 3208 ,) I I I I I I I I I I I I I I I I I I I -) § 32-35 BOATS, DOCKS AND WHARVEs § 32-35 between the period of one (1) hour after sunset and one (1) hour after sunrise. [Amended 3-7-1961] C. Permitted areas. (1) No person shall ride on water skis, surfboard or similar device or use or operate a boat to tow a person thereon within one hundred fifty (150) feet of any public or semipublic bathing beach or public dock or within fifty (50) feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within three hundred (300) feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. [Amended 8-28-1990 by L.L. No. 17-1990] (2) [Added 5-20-1992 by L.L. No. 10-1992] The following' regulations shall apply only to Hay Harbor: (a) Water skiing is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday unless organized waterfront activities are planned by the Hay Harbor Club. (b) Water skiers will follow a pattern established by the first boat to start ski/rig, i.e., clockwise or counterclockwise. (c) Skiers will remain a minimum of one hundred (100) feet from any dock or shoreline. D. No person shall be towed on water skis, surfboard, infl. atable parasail or similar device, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. [Added 8-28-1990 by L.L. No. 17-1990] E. No person shall be towed on water skis, surfooard, inflatable parasail or similar device or use or operate a boat to tow a. person thereon between the period of 3208.1 6-25-93 I I I I I I I I I I I I I I I I § 32-35 SOUTHOLD CODE § 32-36 sunset to sunrise or during periods of' limited visibility. £Added 8-28-1990 by L.L. No. 17-1990] § 32-36. Speed limits; manner of operation. A. The Town Board of the Town of Southold may, by resolution, limit the speed of boats in any waters to which this Article applies and shall cause notice of such speed limit to be posted at. appropriate places in the areas affected. Any person who shall operate a boat in such areas at a greater speed than the speed spech~ed in ~uch notice shall be deemed to have violated this Article. B. Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to unreasonably interfere with the free and proper use of the waters or unreasonably endanger any person or property. C. Except where lower maximum speed limits have been posted, no boat shall be operated in excess of forty-five (45) miles per hour in the Waters of the Town of Southold. [Added 6-29-1988 by L.L. No. 17-1988] D. No boat shall be operated in such ~ manner as to throw up a wake which could be dangerous to life or limb of a person, boat or other property. [Added 6.26.1990 by L.L. No. 17-1990] E. All commercial jetski or commercial windsurfmg operators shall provide a patrol boat (other than a jetski or windsurfer) which must be operational and manned at all thnes for the purpose of controlling their clientele. [Added 8-26.1990 by L.L. No. 17-1990] F. All ~ommercial jetski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or IH. [Added 6.26.1990 by L.L. No. 17-1990] 3208.2 s-~-93 I I I I I I I I I I I I I I I I I I I § 32-36 BOATS, DOCKS AND WHARVES § 32-36.1 G. [Added 8-28-1990 by L.L. No. 1%1990] Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within five hundred (500) feet of Maitituck Inlet. (2) Within one hundred (100) feet of swimlines. § 32-36.1. Equipment. [Added 5-19-1987 by L.L. No. 5-1987] A. All pleasure vessels and uninspected commercial vessels shall be equipped and lighted while under way or at anchor with any person aboard, as required under the Federal Boat Safety Act Of 1971, as amended, and the regulations adopted pursuant thereto and contained in Title 46 of the Code of Federal Rules, Subchapter C, Parts 24, 25 and 26, and pursuant to the previsions of § 40 of the Ni~vigation Law of the State of New York. Failure to comply with the equipment and lighting requirements as set forth above shall be a violation of this chapter. B. The provisions of this section shall not apply to vessels competing in duly authorized regattas and trials preceding such regattas. C. [Added 8-28-1990 by L.L. No. 17-1990] In addition to the penalties provided for in this chapter, the Bay Constable has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the beat until the condition is corrected. 3208.3 e-2~-93 I I I I I I I I I I I I I I I I I I § 32-36.2 SOUTHOLD CODE § 32-36.2 § 32-$6.2. Operators. [Added 5-19-1987 by L.L. No. ~mended 4-6-1993 by L.L. No. 4-1993] A. No person under the age of eighteen (18) years shall operate a mechanically propelled vessel unless: (1) The operator who is under the age of eighteen (18) years is accompanied therein by a person who is eighteen (18) years of age Or older; or (2) The operator is ten (10) years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the O~ce of Parks and Recreation of the State of New York, pursuant to § 78 of the New York State Navigation Law. B. The failure of a person specified in § 32-36.2A(2) hereof to exhibit a boating safety certificate upon demand to any peace of~cer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is .not the holder of such certificate. C. No person who is the owner' of a motorboat shall knowingly authorize or permit the operation thereof unless: (1) The OPerator is eighteen (18) years of age or older;, (2) The operator, who is under the age of eighteen (18) is accompanied therein by a person eighteen (18) years or older; or (3) The operator is ten (10) years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the O~ce of Parks and Recreation of the State of New York. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. 3208.4 I I I I I I I I I I I I I I I I I I I § 32-36.2 BOATS, DOCKS AND WHARVES § 32-36.3 E. Ail commercial jetski or commercial windsurfing operators shall provide a patrol boat (other than a jetski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jetski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known as "windsurfers', are prohibited in the following areas: (1) Within five hundred (500) feet of Mattituck Inlet. (2) Within one hundred (100) feet of swimlines. § 32-36.3. Regulation of personal watercraft and specialty-prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] No person shall operate a personal watercraft or a specialty prop-craf~ unless each person riding on or towed behind such vessel is wearing an off-shore life jacket (Type I, II, III or V) approved by the United States Coast Guard. No person shall operate a personal watercral~ or a specialty prop-craft unless such vessel is equipped and fitted with a United States Coast Guard approved device for arresting carburetor backfire. No person shall operate a personal watercraft or a specialty prop-craft unless such vessel is equipped with at least two (2) ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases; provided, however, that if the vessel is so constructed as to have a greater portion of the bilges under the engine and fuel tanks open and exposed to the 3208.5 s-2~-~ § 32-36.3 § 32-36.3 I natural atmosphere at all times, such vessel need not be required to be fitted with such ventilators. I D. operating a personal watercraft or a Any person specialty prop-craf~ equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such I lanyard to his or her person, clothing or personal flotation device as is appropriate for the specific vessel. 'E. No person shall operate a personal, watercraft or a I specialty prop-craft at any time between the hours from one-half (1/2) hour after sunset to one-half (V2) hour before sunrise. I F. No person shall operate a personal watercraft or a specialty prop-craft within five hundred (500) feet of any designated bathing area, except in bodies of water where I the opposing shoreline is less than five hundred (500) feet from such designated area and in accordance with speed regulations and restrictions as provided by local law or ordinance, but in no event at a speed in excess of I miles hout~, provided, however, that nothing tencontained (10) in per this subsection 'shall be construed to SOUTHOLD CODE I I I- I I I I prohibit the launching of such vessel from designated launching areas or sites. G. Every personal watercraf~ and specialty prop-craft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, and swerving at the last possible moment to avoid collision, shall constitute reckless operation of a vessel. H. The provisions of this section shall not apply to any performer engaged in a professional exhibition or any person preparing to participate or participating in a regatta, race, marine parade, tournament or exhibition authorized under § 32-28 of this chapter. 3208.6 I I I I I I I I I I I I I I I I I I I § 32-37 BOATS, DOCKS AND WHARVES § 32-37. Internal-combustion engines; mufflers. § 32-38.2 A. No boat propelled by an internal-combustion engine shall be operated on any inland fresh waters in the Town of Southold except in emergency or rescue operations or by peace officers in the performance of their duties. [Added 8-10-1971] B. No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or other substance without having the exhaust from the engine run through a muffling device so constructed and used as to muffle the noise of the exhaust in a reasonable manner. § 32-38. Aquatic events. Nothing herein contained shall prohibit the Town Board of the Town of Southold from issuing special permits for aquatic · events, boat races or other such events under proper supervision in limited areas for limited periods. § 32-38.1. Bathing and ~w;m,-~ng. [Added 4-6-1993 by L.L. No. 4-1993] No person shall swim or bathe in the mouth of Mattituck Inlet between areas designated by buoy Nos. 3 and 5. §32-38.2. Scuba diving. [Added 4-6-1993 by L.L. No. 4,1993] A. Scuba diving shall include any person who surface dives to explore underwater, hunt, fish or photograph while using any self-contained underwater breathing apparatus, but shall not include bona fide salvage operations displaying proper signals. B. Scuba diving is prohibited in the entire area of the Mattituck Inlet or in any waters where the same may 3205.7 6-25-93 I I I I I I I I I I I I i I I I I I I § 32-38.2 SOUTHOLD CODE § 32-39.1 interfere with the reasonable and proper operations of boats or within one hundred fifty (150) feet of any public bathing or swimming area except for duly licensed commercial shellfish harvesters who shall comply with the regulations of Subsection C below. No person shall engage in scuba diving without displaying the international diving flag or authorized skin diving flag of suitable size adequately displayed by a float, buoy or boat at all times and Without a person of suitable age and discretion, other than the skin diver, in a position as lookout. Such person shall not permit such diving flag to remain in any area unless such person is actually scuba diving in the area at the time. §32-38.3. Spearfishlng. [Added 4-6-1993 by L.L. No. 4-1993] No person shall discharge any apparatus designed for use in spearSshing within two hundred (200) feet of any lifelines or bathing floats or, if there are no lifelines or bathing floats, then within two hundred (200) feet of any public or semipublic beach regularly used for bathing or swimming or within one hundred fifty (150) feet of any person bathing or swimming. § 32-39. Mooring and anchoring. [Added 5-10-1983 by L.L. No. 5-1983] No boat shall be so moored or anchored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within ftfty (50) feet of any dock, pier or other boat docking facilities. § 32-39.1. Anchoring in Mattituck Creek. [Added 5-10-1983 by L.L. No. 5-1983] All boats owned by nonresidents of the Town of Southold temporarily anchoring in Mattituck Creek shall anchor only in 3208.8 s-2s-ss I I I I I I I I I I I I I I I I I I I § 32-39.1 BOATS, DOCKS AND WHARVES § 32-39.2 the federal anchorage area located near the head of said creek. The Town Board of Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. § 32-39.2. Anchoring and mooring in West Harbor and Hay Harbor. [Added 5-10-1983 by L~L. No. 5-1983; 3-27-1984 by L.L. No. 3-1984;~ 3-26-1985 by L.L. No. 5-1985; 5-19-1987 by L.L. No. 5-1987; 4-10-1990 by L.L. No. 7-1990] A. [Amended 5-31-1994 by L.L. No. 12-1994] All boats temporarily anchored in West Harbor and Hay Harbor at Fishers Island shall anchor in an area assigned by the Fishers Island Harbor Committee. (1) Anchoring-shall not be permitted for a continuous period of more than three (3) days unless authorized by the Bay Constable, which authorization may only be granted for emergency situations. B. Permanent moorings in West Harbor and Hay Harbor at Fishers Island. (1) All permanent moorings shall be located south of Buoy No. 8. (2) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or Deputy or Assistant Bay Constable. (3) [Amended 11-13-1990 by L.L. No. 25-1990; 11-24-1992 by L.L. No. 28-1992] The following fees shall be paid for the issuance ofa mooring permit: Size of Boat Permit Fee Up to 25 feet $ 30.00 3209 G-~.~ -94 I I I I ! i I I I I i ! I I I I i i I § 32-39.2 SOUTI'IOLD CODE § 32-39.3 Size of Boat Permit Fee 26 feet to 35 feet $ 65.00 Over 35 feet 125.00 All nonresidents 300.00 (4) All mooring permits shall expire on December 31 of the year of issuance. (5) The location of each mooring shall be assigned by the Fishers Island Harbor Committee, which shall be appointed-by the Town Board. [Amended 5-31-1994 by L.L. No. 12-1994] (6) All mooring buoys shall be assigned a number which shall be affixed to the buoy by the permittee in numbers at least five (5) inches in height. § 32-39~3. Mooring permits. [Added 4-5-1994 by L.L. No. 3-1994] A. The Town of $outhold permits the installation of moorings for boats in specified locations of town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding town waters. The Town Board therefore declares it to be the policy of the town to restrict and regulate the issuance of mooring permits as described herein. B. Resident mooring permit. (1) A resident mooring permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applying for a resident mooring permit shall be requested to sign an application in affidavit form and submit for inspection one (1) of the following as proof of residence: (a) A valid tax receipt stub for the current year for any taxable real property within the Town 3210 I I I i I i I I I ! i I i I I i I I I § 32-39,3 BOATS, DOCKS AND WHARVES § 32-39.3 of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Trustees. (2) The Town Trustees shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, resident mooring permit stickers shall be issued. One (1) sticker shall be placed on the mooring, and one (1) sticker shall be placed on the boat secured to said mooring. C. Lessee mooring permit. (1) A lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Subsection B hereof. Persons applying for a lessee mooring permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: (a) The location of the leased or rented property. (b) ?he persons occupying the same. (c) The term of such tenancy~ (2) Upon a determination by the Town Trustees that the applicant is entitled to a lessee mooring permit, such permit stickers shall be issued and affixed to the mooring and boat in the same manner as provided for resident permit stickers. 3210.1 4-25-94 I I I ! I I I i § 32-39.4 sOUTHOLD CODE § 32-40 § 32-39.4. Mooring without a per~nlt. [Added !-5-1994 by L.L. No. 3-1994] A. No person shall install or use a mooring in town waters without a mooring permit issued by the Board of Trustees of the Town of Southold. B. Any mooring without such a permit shall be removed upon notice from the Southold Town Trustees or its designated agent, which notice shall be by written notice posted on the mooring and on any boat attached to said mooring. C. If such mooring is not removed by the owner within thirty (30) days after the posting of said notice, the Southold Town Trustees or its designated agent may direct the removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto, shall attach to and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of reco{'d. The town shall not be liable for any damage done to said mooring or any attached boat during its removal~ storage and sale. ! ! ARTICLE IV Floating Homes [Adopted 9-24-1985 as Section II of L.L. No. 15-19852] § 32-40. Legislative findings. A. The Town Board finds that watercraft are being used for strictly residential purposes on waterways within the Town of Southold. The proliferation of this type of use is expected to create significant environmental problems if their proliferation remains unchecked. 3210.2 4-25-94 I i I i i I ! I I I t i i I I i I I I § 32-40 BOATS, DOCKS AND WHARVES § 32-40 B. The Town Board recognizes that the waterways surrounding the town are some of the primary recreation areas on Long Island. They are used for swimming, fishing and boating by many of the local residents and visitors. Furthermore, waterways are a major commercial resource providing food and employment for the harvesters of fish and shellfish. Shellfish taken commercially from said waterways are distributed to all areas of the Eastern Seaboard. The Town of Southold has expended large sums of money to develop and protect the harvestable clam stock. C. The Town Board acknowledges its duty to protect the health, safety and welfare of its residents and visitors. The maintenance of high water quality is vital to the use of said waterways for recreational and commercial purposes. The avoidance of all uses and activities which could introd, uce pollution in these waterways is of constant concern. The potential influx of craft and vessels for residential purposes creates a substantial danger to water quality in said waterways. The residential use of these vessels is contrary to the established character of the Town of Southold and will severely diminish the recreational and commercial use of said waterways. E. The proliferation of floating homes and marinas which accommodate them will create problems which include, in addition to. water pollution, trash storage and removal, fire protection, emergency energy requirements during power failures, loss of mooring piles during winter icing conditions and damage and sinking of'vessels during storms, all of which conditions impose additional responsibilities on police, fire and other emergency agencies in the town. The Town Board recognizes that the Town of Southold consists primarily of developed year-reund residential neighborhoods and that marine recreational uses are incidental to such residential uses, and that it is in the 3210.3 § 32-40 sOUTHOLD CODE § 32-40 best interests of the Town of Southold and its residents to restrict and prohibit the uncontrolled growth and burden on its waterways that would result if the infusion of floating homes is not controlled. (Cont'd on page 3211) 3210.4 4-25-94 I I I I I I I I I i I i I I I I I I I § 32-41 BOATS, DOCKS AND WtlARVES § 32-41 § 32-41. Definitions. As used in this Article, the words and terms used herein are de- fined as follows: FLOATING HOME -- Any vessel in fact used, designed or occupied as a permanent dwelling unit, business office or source of any occupation, or for any private or social club of whatever nature, including but not limited to a structure con- structed upon a barge primarily immobile and out of naviga- tion which functions substantially as a land structure .while the same is moored or docked in or on town waterways within the Town of Southold, whether such vessel is self-propelled or not, and whose volume coefficient is greater than three thou- sand (3,000) square feet. Volume coefficient is a ratio of the habitable spaee of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth. FLOATING H~)ME MARINA -- Any plot, lot, block or site within the Town of Southold upon which a marina is operat- ed, where one (1) or more sites or locations are rented or are offered for rent, sold or offered for sale or otherwise used or offered for use for the location of floating homes. MARINA -- Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launehe~ or other watercraft, other than floating homes, and which may also be capable of moving any and all watererafte moored or docked within the marina from the water for repair and/or storage. PERSON -- Any individual, corporation, copartnership, as- sociation, society or any other combination of individuals. TOWN WATERS -- All tidal waters bordering' on or within the Town of Southold, includin~ hut not limited to bays. sounds, creeks, estuaries, inlets and all tributaries thermal. and extending seaward to a point one hundred (100) feet from the mean high-water line. I I i I I § 32-42 SOUTHOLD CODE § 32-51 § 32-42. Prohibited acts. A. No person shall place, moor, dock, use or occupy or permit or assist in the placing, mooring, docking, use or occupancy of a floating home in or on town waters. B. No person shall place, moor, dock or stere or permit or assist in the placing, mooring, docking or storing of a floating home in a marina in the Town of Southold. C. No person shall operate or cause to be operated a floating home marina or rent or hold out for rent or sell or offer to sell any site, berth or space for the accommodation of a floating home in the Town of Southold. I I I I § 32-43. Severability. If any clause, sentence, paragraph, section or part of'this Article shall be adjudged by any court of competent jurisdiction to be inval- id, such judgment shall not affect, impair or invalidate the remain- der of this Article, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have_been rendered. ARTICLE V Administration and Enforcement [Adopted 6-23-81 by L.L. No. 3-1981] ! ! I I § 32-50. Enforcing officer. It shall be the duty of the Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Bay Constable has reasonable grounds to believe that operations regulated hereby are being con- 3212 ~- :~s- ~6 I I I I 1 i I i 1 i I I I ! I I I I I § 32-51 BOATS, DOCKS AND WHARVES § 32-52 ducted in violation of the provisions of ti'ds chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a'conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32-51C to fail to comply with such notice. [Added 3-22-88 by LL. No. 3-1988] § 32-52. Hearing. A. Any person affected by a notice of violation issued pur. suant to the preceding section hereof may request and shai! 3213 5 * 25 · 88 I I I§ 32-52 C. il Do 80UTHOLD CODE § 32-53 be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5} days' notice of the time and place thereof. At such hearing, the person requesting the same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or r~scind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. The notice of violation for which ~ hearing is requested shall continue in effect pending the hearing and deter- ruination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, bulkier, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a ~u-itten notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-88 by LL. No. 3-1988] B. For every Offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Con- stable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their 3214 ~..o5; ss i i A I I I I i ! I i ! I I i I I I I I ! ! § 32-53 BOATS, DOCKS AND WHARVES § 32-53 agents or any other person who commits, takes part or assists/n the comm/ssion of any such offense or who shall fall to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed slx (6) months, or by both such fine and im- prisonment. Each day's continued offense shall constitute a separate, additional violation. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by in~unetion the violation of this chapter. 3215 $-.~- 88 I I 1 I I I I t I I I I I ! I I I I I B. TOWN OF SOUTHOLD MARINA SURVEY FORM I I i TOWN OF SOOTHOLD MARINA sURvEY MARINAI i Street/Mailing Address ! I I I I Owners Name Manager/Contact Name Tel. Number. Introduction The Town is in the process of preparing a Harbor Management Plan that will provide direction on the future uses of Harbor waters and adjacent waterfront uplands. Marinas are an important water dependent use in the Town as they contribute to recreational and commercial activities and are a significant part of the local economy, providing jobs and bringing expenditures to the area. This survey is to help us better understand local marina activities and the uses along the waterfront. Your participation I is consequential to the success of this plan. Please. review this form and answer as many .questions ~s possible, calling with any questions and clarifications, leaving blank those questions for which you have no answer. Available to assist you are: Ruth Oliva, Deputy Town Supervisor Town of Southold Town Hall 53095 Main Road Southold, NY 11971 765-1891 or i I I Robert White Allee King Rosen & Fleming 212-340-9780 Once completed the questionnaire (by February ! you've 17) please drop it off at Town Hall, mail it to Ruth Oliva or call Ruth I This would include private recreational marina, dockominium, mooring fields, boatyards, yacht clubs, public docks/piers 8-1 I I I I I I I i I I I I i I I I I I and she will pick it up. Thank you very much for your time an~ parti¢ipaticn. The results will be published in the Harbor Management Plan due to be completed this Spring. MARINA LAYOUT and FACILITIES What is the layout and design of permanent and temporary uses on the site (e.g., dock area, mooring area, parking, office, clubhouse, shops, restaurant, others uses)? A rough sketch would be helpful. Approximately what was the first year of operation? Other than described above, are there additional parcels leased or used by the marina, perhaps not along the waterfront? Are your lands leased or owned (check one) Is expansion being contemplated? If so, is there additional area available for facility expansion? land What, if any, could be the complications to the expansion? How is the marina used (e.g., recreational, transient, commercial fishing, charter/party boats or a mix)? How many parking spaces do you have? Is there adequate parking on-site? Do you have a parking problem on busy s,~mmer days? Is off-site parking used or necessary? I I I I I I I I I I I I I I I I I I I Are there parking spaces for specific uses (e.g., handicapped spaces, marina spaces, restaurant spaces)? Do people reach the site by means other than auto (e.g., walk or bike)? What types of boat storage are available (e.g., in-water, upland storage, dry rack)? Is there a bubble system in-place? What type of boat maintenance and repair service or assistance is available? Are supplies/parts available? Are maintenance activities done over dry land and/or in a covered area or shed? Are there water quality protection facilities (e.g., pumpouts, runoff buffers at bulkheads)? Are accommodations provided for boaters wishing to stay on their boats overnight? If so, what are they? What is the source of water supply, how is wastewater handled, and how is it disposed of (e.g., septic tanks, holding tanks)? Are there restroom facilities? Are they available to docked and moored boats? Are there shower, laundry, or other facilities as well? Please list the types of services offered at the marina (e.g. boat repair and maintenance, hull repair, boat storage, boat launch and haul out, vessel winterization, boat sales, motor sales, fuel, pumpout facilities, sail making and repair, eatery, restaurant or food supply, boat charter, ice, accessories, and bait shop)? Do you deal in sales (e.g new boats, trailers)? ! ! What is the approximate number of full/part time employees in the peak season? D0~ks and Structures in Water Approximately how much of the marina's to~al shoreline (in feet or percentage) is bulkheaded and what materials were used? Is there a federal navigation channel nearby? ! ! Is the marina at the head or mouth of a creek or inlet or on a bay? Is boat traffic increasing at this location? Is navigation adjacent to and within the confines of the marina easily achieved? ! ! What is the length and width of the docks in the marina? What is the general configuration? Unless provided above, a sketch here would be helpful. What is the approximate length of fixed and floating walkways? ! ! What is the total number of dockside slips? About how many were rented last season? Has the demand been increasing? Are there slips available for transient craft? Is there need for dock expansion and the expansion potential? Do the present locations of docks pose any known problem to navigability? Are there ramps? If so, what is the user fee? estimated number of launches on a busy day? What is the I I I Do you feel a need to expand the ramp service (yes or no)? Do you have separate parking for the ramp service (yes or no)? I~oorinas Who owns the underwater lands within the marina? Does the Town Ihave jurisdiction? If not, do you know which entity does? The Town Trustees regulate the issuance of moorings on Town-owned bottom. Have you been granted permits for moorings and Are moorings part of the marina? Does the marina lease moorings? If so, how many and where are they located? What type of mooring system is used? Are these moorings adequate to meet current and future demands? What is the access to moorings (launch or self service)? I 5 I I I What are the sizes of the moored craft? Do the present locations of moorings pose any known problem to navigability? Has there been any dredging? If so, where and how often? Was the dredging done for the marina by private contractors, or for public waterways by the federal or County government? I LAND USE What land uses are adjacent to the marina? Have there been any conflicts with the these uses? Does the marina meet current zoning requirements? I I I Are the zoning requirements reasonable and adequate for your use? What is the development history of the site and does it have a history as a water-dependent use? I I Are there other uses (e.g. restaurants and retail shops) associated with the marina? Are there plans for expansion of these uses? 6 I I I I I I I I i I I I I I I I I I i What are the existing trip generators (e.g. boat owners, retail deliveries, etc.)? Is auto and truck access adequate? Is it compatible with the connecting roads/highways? ECOLOGY Do you knowthe State's water quality classification for your water body? Are there any stormwater outlets to the water? Have there been plans to direct runoff away from these outlets or wetlands through site grading or other methods? Are there water quality management measures employed? Is there shellfish harvesting near the marina? Are there any habitats or other natural areas (e.g., wetlands, nests, etc.) in the vicinity of the marina? PUBLIC ACCESS and CULTURAL RESOURCES Is there a provision for public access at the marina? If so, where? Are there adjacent public lands (parks, street ends)? Are you aware of any historic structures or archaeological sites near the marina? 7 g.7 I I I I I I I I I I I I I I I I I I I C. FISHERS ISLAND HARBOR MANAGEMENT PLAN Fishers Island Civic Association PO Box 464 Fishers Island, New York 06390 ph (516) 788-7029 Ms. Laury Dowd $outhold Town Attorney $3095 Main Street, PO Box 1179 Southold, New York 11971 March 17, 1995 Dear Laury, Happy Sc Party's Day! Happy Spring! I cannot believe that a whole entire year has passed since we met at the end of last March to talk about the Fishers Island Harbor Committee and putting together a Fishers Island Harbor Management Plan. Enclosed you will find a copy of the Fishers Island Harbor Committee's final draft of the Fishe= Island Harbor Management Plan. When I say final, I mean that this is the result of hours of discussion representing divergent opinion. The committee has agreed on the "ends" that are represented in this document, there may be some flexibility on the "means" for reaching those ends. The commi~e is mailing this document to the membership of the Fishers Island Civic Association to solicit comments from the community..I wanted to sent you a copy in advance of gathering comments so you could see the dizection in which we are headed. This document has not benefitted from legal review, so I expect that you will have comments in that area, as well as, comments about what the Town Board is likely to accept, object to, etc .... I will prepare a more formal transmittal of the Fishers Island Harbor Management Plan to the Town of Southold af'~r I have received comments from the community (due by April 15th) and I will prepare a summary of those comments to accompany the Plan for the benefit of the Town Board and Town Trustees. I look forward to talking to you soon. Please call anytime at (212) 505-0606 ext. 435 and talk to my voice mall if I ara not around. Best wishes, I ,0I Leslie O. Goss President cc: Fishers Island Harbor Committee I I I Fishers ~rj.~n~tion BFi~h4e0~L~d~d, New Yor~t,o.t~an.Z[ Harbor Commi~t6e3egO Harbor Management Plan Bulk rate U.S. Postage PAID FINY 06390 Permit #4 Please read and comment by April 15 I I I I I I I I I I I I I I I I I I Fishers Island Harbor Committee Box 464, Fishers Island, New York 06390 March 15, 1995 Dear Fishers Islander:. The Town of Southold is in the process of preparing its comprehensive Local Waterfront Revitalization Plan. It was no surprise lo learn that the mainland vision for how harbors and waters are used and managed in the Town of Southold is somewhat different from how our community would use and manage our harbors and surrounding waters. Recognizing that fact, last May, the Town of Southold appointed 16 members of our community to the Fishers Island Harbor Committee which was charged with drafting a harbor management plan for all Town waters and harbors surrounding Fishers Island. This document will be voted on by the Southold Town Board, and if approved, incorporated as a separate chapter of the Southold Local Waterfront Revitalization Plan. The Fishers Island Harbor Committee eoasists of delegates from all the major harbor user groups. The enclosed Fishers Island Harbor Management Plan reflects hours of discussion and input from the broad diversity of opinion represented on the committee. Some of the more significant policies developed by the committee include: new applications for mooring permits will be considered only for residents and lessees as defined; there will be no anchoring in West Harbor south of a line drawn from the rock pile (southeast of red nun ieS) west to the shoreline; in West Harbor, the mooring field to the west of Goose Island channel shall be used primarily for the storage of vessels, while the mooring field to the east of Goose Island channel shall be used primarily to moor live-aboard vessels; the Fishers Island Harbor Committee shall seek to limit all vessel discharges; permits for harvesting shellfish from town waters adjacent to Fishers Island are required, and issuance of such pen'nits will be limited to residents and lessees. As a courtesy, prior to forwarding the enclosed document to the Town of Southold for heatings, approval, and incorporation into the larger Town plan, the commit'tee seeks your suggestions and comments on the Fishers Island Harbor Management Plan~ The Town is under serious time constraints, so please write to the above address or contact any of the committee members listed below by April 15th. Sincerely, The Fishers Island Harbor Committee Frank Bohlen, Elbert M. Burr, Tom Doyen, Reynolds duPont, Jr., Cynthia Estabrooks, Cindy Gillan, Leslie O. Goss, Steve Malinowski, Harris Parsons, Sr., David Patterson, Bill Pddgway, David R. Wilmerding & Scudder Sinclair and Ex-Officio Members: Tom Doherty, Louisa Evans & Bill Wall. ¢-3 I I I I I I I I I I I I I I I I I Fishers Island Harbor Management Plan 3/95 Fishers Island is an isolated hamlet at the northeastemmost reaches of the Town of Southold on Long Island Sound. Fishers Island residents seek to preserve the aesthetic beauty, ensure the environmental health, maintain the character and infrastructure, and enhance the Island's economic viability. Fishers Island is a residential community with virtually no provision for tourism. This fact combined with New York State's formal recognition that Fishers Island is surrounded by the hi,est quality marine waters in the Long Island Sound and hosts various rare habitats sets the stage for the preparation of this document. In harmony with the goals of the Town of Southold, Fishers Island's social and economic well- being and the general welfare of the people of Fishers Island are critically dependent upon the preservation, protection, and judicioas use of the natural and man-made resources of the Island's surrounding waters and shoreline area. In response to and in anticipation of the increased pressures for use of the Island's cqastal land and water resources, the importance ~f long range planning to maintain and guide the future use and development of the Island's limited and sensitive resources has been recognized. The goals of management for the adjacent waters and harbors of Fishers Island are consistent with public policy of the State of New York within coastal areas. The goals listed below are basic and general guidelines for harbor management planning for the waters surrounding Fishers Island. The Fishers Island Harbor Committee shall strive to: · Ensure balance among existing uses of the Island's surrounding waters and harbors. Protect and maintain the shorefront character, heritage, and existing quality of life for the Island's residents. Promote and support access to the Island's surrounding waters and other resources in the shoreline area for all Island residents. Provide for and regUlate multiple uses of the Island's surrounding waters and harbors in a manner that assures safe, orderly and optimum use of the water and shorefront resources. · Maintain the chemical, physical and biolo~cal integrity of the Island's surrounding ~,,..;: '". waters and harbors and their dependent habitats. I I I I I I I I I I I I I I I I I I I Fishers Island Harbor Management Plan 3/95 Fishers Island is an isolated hamlet at the northeastemmost reaches of the Town of Southold on Long Island Sound. Fishers Island residents seek to preserve the aesthetic beauty, ensure the environmental health, maintain the character and infrastructure, and enhance the Island's economic viability. Fishers Island is a residential community with virtually no provision for tourism. This fact combined with New York State's formal recognition that Fishers Island is surrounded by the highest quality marine waters in the Long Island Sound and hosts various rare habitats sets the stage for the preparation of this document. In harmony with the goals of the Town of Southold, Fishers Island's social and economic well- being and the general welfare of the people of Fishers Island are critically dependent upon the preservation, protection, and judicious use of the natural and man-made resources of the Island's surrounding waters and shoreline area. In response to and in anticipation of the increased pressures for use of the Island's coastal land and water resources, the tmportance of long range planning to maintain and guide the future use and development of the Island's limited and sensitive resources has been recognized. The goals of management for the adjacent waters and harbors of Fishers Island are consistent with public policy of the State of New York within coastal areas. The goals listed below are basic and general ~idelines for harbor management planning for the waters surrounding Fishers Island. The Fishers Island Harbor Committee shall strive to: · Ensure balance among existing uses of the Island's surrounding waters and harbors. Protect and maintain the shorefront character, heritage, and existing quality of life for the Island's residents. Promote and support access to the Island s surro.undm, waters and other resources in the shOreline ar~a for all Island residents. Provide for and regulate multiple uses of the Island's surrounding waters and harbors in a manner that assures safe, orderly and optimum use of the water and shorefront resources. · Maintain the chemical, physical and biolo~cat integrity of the Island's surrounding ..... ".,,waters and harbors and their dependent hah tats I I I I I I I I I I I I I I I I I I I Sec. 1 Sec, 2 Sec. :3 Sec, 4 See.$ See. 6 See, '7 Sec. 8 See. 9 Sec. 10 Sec. 11 See. 12 See. 13 Sec. 14 Sec. 15 Sec. 16 Sec. 1'7 See. 18 See. 19 See. 20 Sec; 21 Sec. 22 Sec. 23 Sec. 24 Fishers Island Harbor Management Ordinance Article I General Proviisons Title Applicability Invalidity of Provisions Fishers Island Harbor Committee Fishers Island Bay Constables Appeals Harbor Management Fund Enforeemant Penalties Liability Article II T~=fic and Speed Traffic Control Authority Speed and Wake Regulation Article HI Harbor Use Regulations Harbor Use Policy Water Skiing Use of Vessel as Abode Safe Boating Certificate Pier~ Fireworks Noise Shellfish Article IV Anchoring, Morring and Security of Vessels Mooring and Anchoring Policy Designated Mooting Areas Non-Designated Mooring Areas Mooting Assignment 2 I I I I I I I I I I I I I I I I I I I Sec. 25 Sec. 26 Sec. 2'7 Sec. 28 Sec. 29 Sec. 30 Sec. 31 Sec. 32 Sec. 3:3 Sec. 34. Sec. 35 Sec, 36 Sec. 37 Sec. 38 Sec. 39 Sec. 40 Sec. 41 Sec. 42 Sec. 43 Sec. ~ Appendix A Appendix B Mooting Applications Mooring Permit Dates Mooring Placement and Marking Forfeiture of Mooring Space Abandonment of Mooring Waiting List Specification of Mooring Tackle Mooring Inspection Ploceednre Removal of Moorings Mooring Records Transient Moodngs Special Use of Private Moorings Anchoring Rafting Correcting an Unsafe Mooring/Anchoring Situation Dangerous or Disabled Vessels Obstructing Channels Article V Sanitation Regulations Discharge of Refuse Pets fromVisiting Vessels Article VI Safety Defective or Dangemns Conditions Article VII Definitions Map of West Harbor Minimum Mooting Specifications 3 SEC. 1 SEC. 2 SEC. 3 SEC. 4 a. Fishers Island Harbor Management Ordinance 3/95 ARTICLE I General Provisions Title: This Ordinance shall be known as the Fishers Island Harbor Management Ordinance. Applicability: Unless otherwise provided, each provision of this Ordinance relating to Fishers Island shall apply to all waters adjacent to Fishers Island, Town of Southold, from the mean high water mark to a distance of 1500 ff from the shore. Invalidity of Provisions: Should any provision of the Fishers Island Harbor Management Ordinance be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of the Ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered. - ' Fishers Island Harbor Committee: The Southold Town Board, upon recommendation from the Fishers Island Civic Association, shall appoint a Fishers Island Harbor Committee whose members shall represent all island harbor interests. The committee shall be entrusted with the general care and supervision of Southold Town waters adjacent to Fishers Island and develop harbor management policy to be presented to the Southold Town Board for approval as necessary. The Committee shall consist of delegates from the following user groups: Fishers Island Civic Association, Fishers Island Yacht Club, Fishers Island Lobstermen's Association, Pirate's Cove. Marine, Fishers Island Conservancy, Island People's Project. Fishers Island Fire Department, Hay Harbor Club, I I I I I I I I I I I I I I I I I I I do f. SEC. 5 SEC. 6 SEC. ? Inc., Fishers Island Club,Inc., Fishers Island Development Corporation, Goose Island, Inc., Hay Harbor Property Owners Association, Aquaculture, two West Harbor Property Owners, and one Hay Harbor Property Owner. Delegates shall serve for a term of three years. There shall be no limit to number of terms served. Initial Committee appointments shall be staggered as follows: one third shall serve for one year followed by full three year term, one third shall serve for two years followed by full three year term, and one tlfird shall serve a full three year term. A list of Committee members will be presented annually to the Southold Town Board. A Committee member may be removed in the event of absence from three consecutive meeting, or as determined by the user group represented. Recommendations to fill vacancies occuring due to resignation or removal shall be made by the user group losing representation. The Town shall fill the vacancies upon the recommendation of the Fishers Island Civic Association in conjunction with the Fishers Island Harbor Committee. Fishers Island Bay Constables: Upon recommendation from the Fishers Island Harbor Committee, the Southold Town Board shall appoint Fishers Island Bay Constables on an annual basis. The Fishers Island Bay Constables shall enforce relevant chapters of the Southold Town Code and provisions set forth below. Appeals: Any person aggrieved by a decision of the Fishers Island Bay Constables may appeal to the Fishers island Harbor Committee which, after reviewing all the circumstances and facts in the case, shall decide the course of action to be taken which will require a majority vote of its members. Harbor Management Fund: In accordance with the $outhold Town Code, a Fishers Island Harbor Management Fund is hereby established to provide for the costs of harbor management. I I I I I I I I I I I I I I I I I I bo SEC. 8 SEC. 9 a. The Fishers Island Harbor Committee shall propose a fee schedule for a permit for mooring location or any other activity within the scope of this ordinance, for Southold Town Board approval. The annual fee for a mooting shall be as follows: Size of Boat Permit Fee Up to 25 feet $ 30.00 26 feet to 35 feet $ 65.00 Over 35 feet $125.00 Ail nonresidents $300.00 The Fishers Island Bay Constables shall collect such fee. Any fee collected pursuant to this section shall be deposited into the fund maintained by the Town of Southold and shall be ased for the maintenance and improvement of the waters of Fishers Island and for expenses for personnel, equipment, and administration directly related to the function of the Fishers Island Harbor Committee and Fishers Island Bay Constables. Enforcement: Fishers Island Bay Constables, Fishers Island Constables, and the New York State Police shail have the authority to enforce all provisions of the Fishers Island Harbor Management Ordinance. Penalties: It shall be unlawful for any owner, occupant, builder, architect, contractor, or their agents or any personl or agent of any person, to fail to comply with any provision of this ordinance or to fall in any manner to comply with a wtitten ~otice, directive or order of the Fishers Island Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this ordinance. For every offense against any of the provisions of this ordinance or any regulations made pursuant thereto, or failure to comply with a written notice or 6 C -Io I I I I I I I I I I I I I I I I I I I SEC. I0 SEC. 11 SEC. 12 order of the Fishers Island Bay Constables within the time Hxed for compliance therewith, the owner, occupant, builder, arekitec~ contractor or their agents or any other person, or agent of such, who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written o~ler or notice of the Fishers Island Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars (S2:50.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. l~iabilit~: Any person using Fishers Island waters or its maritime facilities shall assume all risk of personal injury or damage or loss to property and the Town of Soutbold assumes no risk on account of fire, theft, act of God, or damages of any kind to vessels within the harbor or maritim~ facility. ARTICLE II Traffic and S~eed Traffic Control Authorim Tl~e F~shers Island Bay Constables, Fishers Island Constables, and the New York State Police shall have authority to control waterborne traffic as specified in Chapter 32 of the Southold Town code and other applicable state and Federal statutes. S~eed and Wake Re_~,ulation: No boat shall be operated in a manner to me. ate a wake which could endanger or disturb persons or property in any area of F'L~hers Island waters. No boat shall be operated at a speed greater than 5 miles per hour in designated speed zones or within 300 feet of shore, docks, anchored or moored vessels, launching areas, marinas, or other congested areas. 7 I I I I I I I I I I I I I I I I I I I SEC. 13 SEC. 14 bo SEC. 15 SEC. 16 SEC. 17 ao , ARTICLE III Harbor Use Regulations Harbor Use Policy: The Eshers Island Harbor Committee will designate restricted use areas of Fishers Island waters on an as needed basis. Water Skiing,: Water skiing is prohibited in all areas where spee,~ in excess of 5 miles per hour is prohibited. · Permitted areas. The following regulations shall apply to Hay Harbor. Water skiing is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday unless organized waterfront activities are planned by the Hay Harbor Club. Water skiers will follow a pattern established by the first boat to staa skiing, i.e., clockwise or counterclockwise. Skiers will remain a minimum of one hundred (100) feet from any dock or shoreline. yse of Vessel as Abode: The use of vessels in Eshers Island waters as permanent or lung-term abodes is prohibited. Sleeping aboard vessels is allowed as a secondary use to the vessel's principal commercial or recreational use. Temporary exceptions may be allowed at the discretion of the Fishers Island Hafoor Committee. Safe B0atin_~ Certificate: Operators less than 18 years of age must be in possession of a Safe Boating Certificate. Piers: No person shall place any piles, stakes, buoys, piers, docks, bulldaeads or other fixed objects in or on any Town waters or public lands under or adjacent to Town waters in the Town of Southold at Fishers Island, nor shall any person remove any sand, gravel or other materials from lands under Town waters in the Town of Southold at Fishers Island without first obtaining a permit therefor 8 I I I I I I I I I I I I I I I I I I I from the Board of Trustees of the Town of Southold, and other county, state and federal agencies. b. In addition to obtaining requisite permits, new piers and additions to existing piers must have a setback from a channel, fairway, lot side-reference lines, designated mooting area, or designated anchorage equal to the beam of a vessel using the pier or 15 feet, whichever is greater. SEC. 18 Fireworks: No fireworks shall be detonated on Fishers Island waters within 1,500 feet from shore unless in possess/on of requisite permit. SEC. 19 Noise: a. Excessive noise including loud radios, unnecessary use of hailers, parties, screaming and yelling or excessive bark/ng by dogs will be treated as noise pollution and will be attended to at the discretion of the Fishers Island Bay Constables. b. No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or ot~er substance Without having the exhaust from the engine run throu~ a muffling device so constructed and used to muffle the noise of the exhaust in a reasonable manner. SEC. 20 Shellfish: In accordance with the Southold Town Code, no person not a resident, lessee or a guest accompanied by a resident or lessee shall take shellfish in any manner at any time from Southold Town waters adjacent to Fishers Island. a. Shellfish may be taken from Town waters adjacent to Fishers Island by a resident, lessee or accompanied guest upon first obtaining a permit therefore from the Town Clerk of the Town of Southold or delegate of the Town Clerk. b. The fee for such permit shall be five dollars for residents and lessees. Such permit shall expire on December 31 of the year of issuance. 9 I I I I I I I I I I I I I I I I I I I SEC. 21 a. SEC. 22 SEC. 23 a. b. C. ARTICLE IV Reg,,lations Concemin~ Anchoring, Mooring, and Security of Vessels Moodn,o and Anchorage Policy: Mooring vacancies, placement and relocation, tackle requirements, fees, and permit issuance and renewal, as well as location of anchorages, shall be determined by the Fishers Island Harbor Committee for Southold Town waters at Fishers Island. In West Harbor, the mooring field to the west of Goose Island channel shall be used primarily for the storage of vessels, while the mooring field to the east of Goose Island channel shall be used primarily to moor live-aboard vessels. Desi.onated Moorin~ Areas: Mooring plans for these areas will be developed by the Fishers Island Harbor Committee in the interests of vessel safety, environmental protection and optimum use of available space. While developing plans for designated mooring areas, the Committee will consider the following: class of vessel, live-aboard or vessel storage, resident or lessee vessel, and private or commercial vessel. (A designated mooring area currently exists in West Harbor as identified in Appendix A). Non-Desi~ated Moorin_~ Areas: Residents desirous of a mooring for personal use in Fishers Island waters must apply for a permit on an annual basis. Applicants must provide names and addresses of shorefront property owner (if not applicant) and adjacent shorefront Property owners, probable vessel size and preferred location of mooring. Mooting circles must not interfere with navigation. Upon receipt of the application, the Fishers Island Bay Constables will notify adjacent property owners of the application being filed and indicate a public comment period. 10 I .I I I I I I I I I I I I I :1 I I I I SEC. 24 Sec. 25 a. SEC. 26 SEC. 27 a. Moorine Assignment All assignments of mooting space in Fishers Island waters shall be made by the Fishers Island Harbor Committee upon written application. Mooring Applications: New applications for mooring permits will be considered only for residents and lessees as defined. Mooring application forms for Fishers Island waters will be made available by the Fishers Island Bay Constables. A~nual applications must be submitted by no later than March 31st of each year with the appropriate fee. If mooring space is not available, the fee will be returned, and the applicant's name will be added to the waiting list. Failure to submit an application for renewal of a permit by March 31st shall result in a loss of moodng space. This application may be made in person under the same time constraints with the Bay Constable. If a permit holder is temporarily without a boat while planning to acquire an alternative, he may apply to the Bay Constable to retain his mooring space for a period of time. Moorin~ Permit Dates: A mooring permit is valid for the vessel noted on the application from date of issue to December 31st of the year issued. Mooring Placement and M~kino_: When an applicant has registered for a mooring, the Fishers Island Harbor Committee shall assign a specific location a place and registration number. The applicant shall mark the mooring float with the mooting registration numbers in lettering 4" high. The moving of any mooring to assigned space shall be at the applicant's expense, and only with prior written approval of the Fishers Island Harbor Committee. 11 I I I I I I I I I I I I SEC. 25 ao do SEC. 29 SEC. 30 SEC. 31 Forfeiture of Moofin_~ S~ace; Except as otherwise noted, any registered mooting permittee shall be deemed to have forfeited the registered mooting space by reason of the following: If the applicant shall refuse the ~ant of a mooting space when offered. Removal of mooting and notification to a Fishers Island Bay Constable. Failure to re-re~ster for such space by March 31st of any season or failure to replace any piece of the mooting not complying with the mooting standards within 30 days of notice to the applicant by the Fishers Island Bay Constable. Failure to resurface or replace mooring wil2fin 30 days after being advised by the Fishers Island Bay Constable that the mooring buoy is down. Abandonment of Moofin,,: Any permit holder who owns his mooring tackle and is abandoning his mooting space must remove the mooring tackle. Failure of permit holder to remove such tackle shall constitute the abandonment thereof, and such tackle may be removed by the Bay Constable at the expense of such permit holder. Waitin~ List: In the event that applicants are not accommodated, the Bay Constable shall maintain and make available upon request, a list showing the names of persons desiring mooting space and the date of application, the area in which such space is desired, and the size of the vessel for'which such mooring space has been requested. The aforesaid list shall be compiled from all residents and lesses making application for mooring space and shall be arranged by date and initial year of application. In order to maintain a place on the waiting list, applicants must apply on an annual basis. Specification of Moorings: Mooting tackle shall meet the minimum requirements as set forth in the Fishers Island Harbor Committee's MINIMUM MOORING SPECIFICATIONS. It should be recognized that these standards are also used for mooting spacing. ! I i I i I I I I I I t I I I I I SEC. 32 a. bo SEC. 33 SEC. 34 ao Inspection Procedure: After initial positioning, each mooring shall be inspected annually, and no reissuance of permit shall be made for the vessel to be moored thereat unless the application is accompanied by a report of the visual inspection and the name of the inspector. All inspections will be filed with the Fishers Island Bay Constable on the official "Mooting Inspection Form' with a labeled diagram of mooting tackle. All moorings are subject to periodic inspections by the Fishers Island Bay Constables or his designee who may require hauling, repair or replacement for worn or defective tackle Removal of Moorings: Winter mooting markers that have not been replaced with summer mooring equipment and are considered a navigational hazard may be removed by order of the Fishers Island Bay Constable at the expense of the owner. Mootin_* Records: The Fishers Island Bay Constable shall maintain an annual record of all moorings, their tackle and inspection forms, their location, permittee's name, whether or not permittee is a resident/lessee or nonresident, permittee's home and business addresses and telephone numbers. Where permittee's mooring is not in designated mooting area, names and addresses of shorefront property owner'(if not the applicant) and adjacent shorefront property owners shall also be recorded. A description of the vessel, name, type, length, beam and draft to be moored thereto shall also be recorded with registration or documentation number. All moorings shall be identified by a permit number assi~ed by the Fishers Island Bay Constable at the time the permit is issued. The Fishers Island Bay Constable shall make reports to the Fishers Island Harbor Committee as requested. 13 I i i i I i I I i I I I i I I i I I I SEC. 35 SEC. 36 a. b. SEC. 37 ao Transient Moorings: Distinctly marked moorings may, in the discretion of the Fishers Island Harbor Committee, be made available in the mooring field east of Goose Island channel for use by gnests, visitors, and in the event of foul weather. The Fishers Island Harbor Committee shall set a daily fee for transient moorings. The transient moorings and fees collected therefrom shall be administered by a management agent designated by the Fishers Island Harbor Committee and deposited in the Harbor Management fund. Soecial Use of Private Moodn_os: Rental of private moorings is prohibited. Permittees may make their vacant mooring available to their guests for vessel storage upon notification of the management agent designated by the Fishers Island Harbor Committee for a period not to exceed three consecutive days. Live aboard guest use of a private mooring shall be limited to the mooring field east of the Goose Island channel. Ancbofin_~: No boat shall be so anchored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be anchored within f'ffty (50) feet of any dock, pier or other boat docking facilities. There is no anchoring in designated mooring areas. Designated anchorages in West Harbor am north of an east-west line drawn from the rock pile southeast of red nun gg and a line west to the shore. There is no overnight ancbodng in Hay Harbor. ' Anchoring is not permitted for more than three consecutive days in any harbor. Disputes within this area are to be resolved by the Ftshers Island Bay Constables. 14 I i I I I I I I i I i I I I :1 I I I SEC, 38 SEC. 39 SEC. 40 SEC. 41 Rafting: Rafting on a single mooting will only be permitted for not more than three (3) boats during the daylight hours and two (2) boats at night, providing it does not interfere with adjacent sin~e moorings or anchorages. Owners or operators of' rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather. Correctin_~ an Unsafe Moorin~Anchoring Situation: If any vessel shall be found in the judgment of a Fishers Island Bay Constable to be anchored or moored or rafted within Fishers Island waters in an unsafe or dangerous manner, or in such a way as to create a hazard to other vessels or to persons or property, the Bay Constable shall order and direct necessary measures to eliminate such unsafe or dangerous condition. Primary responsibility for compliance with such orders and directions shall rest with the owner of the improperly anchored, moored, or rafted vessel or his authorized agent. In an emergency situation, the Fishers Island Bay Constable or his delegate without liability, shall board such vessel and cause the improper situation to be corrected, and the owner of the vessel shall be liable for any costs incurred in effecting such correction. Dan_~erous or Disabled Vessels Any vessel that enters Fishers Island waters in a disabled condition, or andy vessel within Fishers Island waters which becomes disabled, shall immediately become subject to the orders and directions of a Fishers Island Bay Constable and it shall be unlawful for any person to fail or refuse to comply with the Fishers Island Bay Constable's orders or directions with regard to the disposition of such vessel. ~ It shall be a violation of this Ordinance to obstruct the free use of any channel or fairway within Fishers Island waters. I I i I I ! I I I I I I I' 1 I I I I SEC. 42 a. SEC. 43 ARTICLE V Sanitation Regulations Discharge of Refuse: It shall be a violation of t. his Ordinance to discharge any untreated (or improperly treated) sewage, refuse or waste matter, petroleum product or by- product, paint, v~nish, dead animals, or debris within Fishers Island waters. No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged within Fishers Island waters, any untreated sewage or other waste matter contaminant of any kind. Pets from visiting vessels are aot allowed.on any private property. SEC. 44 ARTICLE VI Safety Oefective or Dan_~erous Conditions: Whenever any buildings, structures, or floating facilities within Fishers Island wa~ers are found to be defective, damaged, abandoned or no longer permitted, so as to be unsafe or dangerous to persons or property, they shall be rendered safe or no longer dangerous by the owner within a reasonable time at the owner's expense. ARTICLE VII DEFINITIONS A. ANCHOR (v.) shall mean to temporarily secure a vessel to the bottom within a body of water by dropping an anchor or anchors from the vessel. B. BERTHING shall mean berthing space for one or more vessels alongside a pier or other C. BOAT shall mean a ship, vessel, or any other type of watercraft, driven by an internal combustion en~ne or wind or oars or paddles including but not limited to hover craft and 16 C ' I I i I I I ! I I I I i I :! :1 I i i other air lifting vessels. D. BULKHEAD LINE shall mean a line seaward of which no fill or creation of land is intended to take place. E. CHANNEL shall mean any water areas reserved for anobstructed movement of vessels and ~o noted on navi~tion charts. Normally it is Federal and marked by buoys or other aids. F. TRANSIENT MOORING shall mean a mooring intended for rental or lease. G. DISTRESS shall mean a state of disability or a present or obviously imminent danger which, if unduly prolonged, could endanger life or property. H. EMERGENCY shall mean a state of imminent or proximate danger to life or property in which time is of the essence. I. FAIRWAY shall mean the middle 50% of any Bay or estuary, unless designated otherwise, or any locally designated and/or maintained water areas reserved for unobstructed movement of vessels. J. FISHERS ISLAND HARBOR COMMITTEE as defined in Article I, Section 4. IC BAY CONSTABLE shall mean a Fishers Island Bay Constable recommended by the Fishers Island Harbor Committee and appointed by the Town of Southold Board. L. HARBORSIDE REFERENCE LINE shall mean a line defining the maximum length to which docks are recommended to extend into the harbor from mean high water line. The Harborside Reference Line may be established by a compass direction, or may run between two known points on shore. M. LESSEE shall mean any individual, who can demonstrate in writing, .the current lease or rental of property on Fishers Island but does not qualify as a resident as defined below. N. MOOR shall mean to secure a vessel, other than by anchoring, by tying to a pier, or other permanent structure. O. MOORING (n.) shall mean an approved anchor and associated hardware emplaced in water in order to secure a vessel thereto on a semi-permanent basis. A mooring circle has a 17 I I I I I I I i I I I I I I ! i I I i radius of 2.5 times the depth at MHW (the length of the chain) plus 10 feet (pennant) plus the length of the vessel. P. DESIGNATED MOORING AREA shall mean those areas designated by the Fishers Island Harbor Committee for moorings only. Q. MOORING BUOY shall mean an approved float marking a mooring. R. NONRESIDENT shall mean that individual who does not qualify as a resident or lessee as defined here. S. PERSON shall include individuals, corporations, societies, associations, and partnerships. T. PIER shall mean a structure which is supported on piles or other open work supports, or may be floating, which may be located seaward of the bulkhead line. A pier includes a stake, isolated pile or dolphin. U. PIERHEAD LINE shall mean a line seaward of which no pier is recommended to be constructed. V. REGISTEI~h-~ OWNER shall mean the holder of a mooring space assigned to him or her by the Fishers Island Bay Constable. W. RESIDENT shall mean any individual who can demonstrate residency on Fishers Island by valid tax receipt stub or proof of address other than postal box, for property on the Island in the current year, or a member of individuals immediate family. X. SI-I,a-l-L and MAY: SHAI.I. is mandatory, MAY is permissive. Y. SIDE FAIRWAY LINES shall mean lines which del'me the width of the side fairway required bet~veen the boundary line of a waterfront property and any pier. Z. SIDE REFERENCE LINES shall mean lines extending seaward from the boundary lines of waterfront property~ whose purpose is to define the water use area of such waterfront property. (RIparian boundaries are frequently determined by the courts and do not always conform to the above definition.) AA. SHORE shall mean that part of the land in immediate contact with a body of water, 18 I I I I I I I I I I I I I I :1 '.~ I I I including the area between high and low water lines. BB. SLIP shall mean berthing space for a single vessel between piers, finger floats, or pilings. CC. FISHERS ISLAND WATERS shall mean the waters defined in Sec. 2 of Article I. DD. VESSEL shall mean every description of watercraft, other than seaplane on water, used or capable of being used as a means of transportation. EE. WATERFRONT PROPERTY OWNER shall mean the person(s) or entity who owns title to the use of the waters mid submerged lands appurte,~s,~t to the land bordering the tidal waters; also known as the owner of the littoral or riparian ri~ts. 19 WEST HARBOR, FISHERS ISLAND Hawks Nest Point Point Q Red nun $1Green can -- Channel lane l/l/lo Mooring field (East&West) ___ Anchorage line (no anchoring inside line) :~ .': Rock pile ."'" Aquaculture ! ! ! I i I I I I I ! i 1 I :1 i I I Appendix B MINIMUM MOORING TACKLE SPECIFICATIONS West Harbor moorings for vessels under 20 feet in length shall be equipped with 20 feet of chain. West Harbor moorings for all other vessels shall be equipped with 15 feet of bottom chain and 15 feet of top chain. The Fishers Island Harbor Commit~e will review applications and make recommendations on chain lengths for moorings in locations other than West Harbor on a case by case basis. Mooring applications for vessels in excess of 50 feet will be reviewed by the F~shers Island Harbor Committee on a case by case basis. Pennants shall be 20 feet in length. Chafe guard is to be placed at obvious points of wear. Shackles and swivels shall be proportional to chaha size. use only plastic wire ties. Change swivels annually.__~ .... Only mushroom anchors shall be used for permanent moorings. Newer technology may be permitted by the Fishers Island Harbor Commi~e on a case by case basis. Pick up buoys and bridles may be used at the owner's discretion. The weights, chain sizes, and pennant widths listed below are recommendations. The Fishers Island Harbor Committee may specify greater sizes in certain cases.. The specifications listed below are minimum recommendations, not providing for protection in severe weather. MUSHROOM BOTTOM TOP NYLON ANCHOR C_~ CHAIN ~ Under 20' ~50# 3/8" --- 1/2" 20'-25' 200# 1/2" 3/8" 1/2" 26'-30' 300~ 1/2" 3/8" , 31'-35' 500# 3/4' 1/2" 3/¢" 36'-40' 750# 3/4" 1/2" 41'-50' 1000# 1" 1/2" 1" I I I I I I I I I I I I I I I I I I D. ALTERNATIVE MOORING TECHNIQUES GOODBYE TO MUSH- ROOMS? These cork- screw-like helix an- chors are penetrating the permanent moor- ings market. Page 8 Helix moorings widely tested Hellxmooringanchors-a At Mallets Bay Boat steel shaft with multiple Club, in photo above, on split disks, or helixes, that the Vermont shore of Lake act as screw threads to Champlain, 125 helix twist into the harbor bot- moorings replaced part of tom - are being increasing- the long-scope, random ly widely tested as officials mooring pattern at right seek better storm security with the tigbter grid pat- and ways to accommodate tern seen at left. Increased more boats in limited space, holding power made the shorter scope possible. anchors acknowledge the holding power of the helix in hard bottoms but say they are harder to inspect better in soft sand or mud. Helix installers acknowl- edge higher installation cost but report snperior holding power even in mud and say the units can be screwed through sand or mud into harder bottom underneath. Helix Mooring Systems Inc., a distributor of the units have been installed or are part of harbor planmng l~cations and as far afield as Florida. For information contact David Merrill, Northeast Sales Manager, Helix Moor- ing Systems Inc., P.O. Box 119, Milford, NH 03055, phone (800) 866-4775 or phone/fax (603) 672-1930. · I Close-up of SpaO Navy Pin and Grommet, The spars can be lengthened or shortened to fit your special needs. Net Systems will customize and design your system to meet the unique requirements of your site for optimal performance. A. NavigatiOn lllg ht, Coast Guard Apprnved for safely and long B. Navy Pin & Groining! Time tested linking applications. C. Pressurized Spar r Engineered for HIg# G, Aether Points, Held Assembly ,'Sallast assembly slabillzes rated Strong, I, Anchod!ng An environmentally safe alternative: A prototype that did not disrupt under- water aquatic COt~dttiolls was staSoI~ed near eydroplane races at SeaFai~ Make your marina a destination for boaters by increasing mooring capacity using a Linear Mooring System Bring additional boats into the marina and more offshore traffic to your businesses, Just think of the number of boats you will be able to handle, using far less space than ever before· Boaters will be pleased to see bow easy it is to travel to and around your marina, while also enjoying recreation and shopping along [he shoreline· This flexible, yet stems system is boater friendly even under adverse condi finns. Wave and wake activity that can cause damage to stationaw dock environ- ments have little Lo ne effect on boats tied to the Linear Mooring System· We also offer the versatility of being removable ~n winter ~cing conditions common to the Great Lakes and lhe East Coast Progressive marina managers are looking for solutions to ease congestion ale a plan for you with your specific needs T SYSTEMS INCORPORATED 7910 NE DAY ROAD WEST BAINBRIDGE ISLAND, WA 98110 206 842-5623 FAX: 842-6832 TOLL FREE: 1-800-722-5568 I I O LINEAR MOORING SYSTEM N ET Systems, Inc. has more Lhao 16 years of e×per~ servme support since 1978 NET SysLemS engieeers are h~gh- Moer,og System The Linear Mooring System eses tar less space while oI[enng increased moor,ng capabihty Net eoly does Lhe sys- Pictu~d here ~re several pleasure boats moored to the · ~rolotype syszemoo Lake Washington 6ROADWAy NYS MOORING Typical Single Linear Moorage System: OLJl' eas~ y moveo and adri~tlona~ footege may be added to increase capacity A. Tautline B. Gridline C. Spar Buoy O. Springlioe E. Tom We*ght E Anchorline O Ant:her C SlOE ELE~/ATIoH - ...... I Ocean Spar Technologies LLC 1 7906 N.E. Day Rd We~t I I I I I I I I I I I I I I I I I Bainbridge island, WA 98110 IJSA (206) (206) 842-8944 fax July 14,1995 Robert White Alice King Rosen & Fleming 117 E 29th New York,NY 10016 Dear Mr. White: I want to thank you for your time regarding our '94 IMTEC award winning Ocean Spar~Linear Mooring System. We feel City, County, and State Parka, as well as private sector marinas and yacht facilities would greatly benefit from this easily installed boater friendly system. Not only would the proposed Linear Moorage System allow added room for recreation through utilization of far less space for a greater number of ' boats, but at the same time would ease congestion and create a safer environment for the boater to enjoy waterfront activities at onshore business facilities, restaurants and parks. The system is based on our proven Ocean Spar~ Aquaculture Net Pen technology that has with stood continuous waves of over 7 meters and currents of 1.75 meters per second. In short, the system has great advantages over buoys and expensive dock methods of moorage. It is designed to be expandable as well as movable. Our minimum depth for our Shallow water System is I0' feet in Iow mean tide. Our costs are site specific If you would like to get additional information, please feel free to call Patti or myself at 1-206-842-5623 or 1-800-722-5568 We look forward to heating from you. Sincerely; Larr~ Houghton Operation/Sales Manager Ocean Spar Technologies LLC Formally NET System, Inc. I I I I I I I I I I t I I I I I I I I -NEWS RELEASE- OCTOBER 27, 1994 SUBJECT: INNOVATION AWARD WINNER 1994 CONTACT: NET SYSTEMS, INC 7910 NE DAY RD W BAINBRIDGE IS. WA 98110 GREG SANGSTER PHONE******842-5623 FAX*********842-6832 FOR IN~IEDLATE RELEASE: NET SYSTEMS E'4C. was the recent recipient of the I994 I.M.T.E.C. Irmovation Award at the N2vk-MA Boa[ Show in Chicago. This show, the largest of its kind. caters to trade only. More than' 150 companies with 194 new products participated in the competition. Th~ winners were selected based on the following criteria: distinctiveness of other products being manufacm.red, benefit to the mar/ne industry, practicality and cost- effectiveness. We here at N-ET Systems. a company with over 15 years of ocean technology experience, are proud to introduce this new concept to the boat mooring community. Our moor:rog technology uses vertical floating spars tensioned with weights and anchors to provide secure moorage with kirtle disruption to the seabed. It is space efficient by adding moorage through urilizat/on of less space. It is based on our patented Ocean Spa.v~ Net Pen Sy'stem. It offers the versatility of being easily installed, stable and moveable. For additional information about products, contact Greg or Pard at NET Systems, Inc. 7910 [NE Day Rd. W. Bainbridge island Washin~on 98I l0 Phone 1-800-722-5568 Fax 206-842-6832 IWINNING IDEA inet Systems Inc. won the IMTEC Innovation Award ifor its boat moor- lng system based on floating spars. IStory, page 39. +Soundings December 199,$ "TILE BOATING BUSINESS'NE'W~SPAPBR® I I I I I I I I I I I I I In additian to the anchors, ballast weights hung beneath each floating piling help stabi- lize the system. The technology has proven itself in 7-meter waves and 3-knot currents. Mooring system wins innovation award A new boat mooing system that secures six times as mauy boats on the ss. me water area compared with imdi- viduai mooring anchors has been introduced by a Bain- bridge Island, Wash-, company. ,N'ET System~ Inc. has been in business 16 years m~g ~awling gear for commercial ocean fishing, cage ~rsr, ems for at-sea aquaculture, sporrm ne.~ng such as ba~Lug cages and safety, nets for snow ski slalom courses, industrial safe~y no,ting and other produc~. The trademarked Linear N£ooring sys~m evolved from the 5rm's patented Ocean Spar net pen system used in off- shore aquaculture. The standard l.iueax .'vIooring uses gal vanized steel floating spars 23 feet long and 36 inches in diameter - custom sizes are available - tensioned with bal- last weights and anchored in place to suppor~ mooring lines strung bet~veen them. The floating spars are partially water-,filled to set theh' depth and are filled with air to be floated away for re.oosi- tioning or maintenance. The spars also can be used to sus- pend wave attenuators to create a floating break-water. The Linear Moorkug System was awarded the OEM prod- ucts category IN[TEC Innovation Award ag the Chicago ~rade show. In addition to the high densiW boat mooring it creates, the system was cited for its minimal disruption of the seabed ~ud for being easily moved or e.x~ended. For ini'ormagion: Grog Sangs:er, Sales .~[anager, ~N'ET This prototype mooring is an System~ Inc., 7910 N_E. Day Road West, Bainbridge Island, Lake Washington in Seattle. W'A 98110, phone (206) 842-5623, fax (206) 84'2-6832. · I I I I I I I I i I I I I I I I I I I 10. WHY USE LINEAR MOORING? TOP 10 REASONS Cost Efficient · Linear foot costs are minimal Environmentally friendly · Only 2 anchom means small foot print · Helps save eel grass · No anchor chain swing Year round exposure · No need to remove for bad weather, it can handle 5' waves Low maintenance Proven ocean technology · Based on our Ocean Spar~Net Pen technology Visually aesthetic Lower bottom leasing costs · Due to small footprint Can be moved and removed · Great for icing areas Limited access · Creates added security High density of boats with L.M-S. vs mooring buoys o6.5:1 / APPBOXIMA'IE NOB ltl NJ)lES: 1) ALi_ VESSEI.B SIIOWN ARE '15 Fl LOA X 15 £1 BEAU 2) CONFIGUBAIJON IS NOT OPIIMIZEB FOR MAXIMUM DENSi]¥ 3 lib VESSEl. SII()WN JN DBAW1Nf} 4/ ALI. BOUN)AR'{' DIMENSIONS Alii APPOXIMAI£ AND AS (lIVEN BY CITY OF BAINBRIDB£ EAOL£ I ARBOR CtlANN£L AND ilABBOR AI)VISOB¥ C{')UMI'IIJ[£ ~) NET SYSTEMS INC. < £~,~ o~L~o < 0 0 OCEAN SPAI1 '~ LINEAH IYIOOBA~E This Cape Vincent proposal ' [" shows how the space efficient Ocean SparTM Linear Mooting System effectively moors 80 boats in the area occupied by 16 mooring buoys. MOO~tING S TA I'IONS -- BIIF. AKWALL IIESEI1VED AREA BIIEAIg//ALL 326' SI'AR "--' aB' BOAT Padfl'cFishing ! ! ! I I I I · Centrifuge ~u2d Power Components · Radar R&vzhenn's new TM21 radar mee'.s D, lO sped.~5.cadons for vessels up ~o ~0.0~ ~ons ~oss ~o~age as a prom ~ radan The ~I21 features aor'~ smbP ~a~on. &e~o~c pining of up to I0 ~- gem. md ~ue moron, m~g k easier to ~ck ~d ~eren~ate be~veen non-mov- ~g ~d mo~g ~gets. ~e ~c ~so fea- zes b~t-~ nay ~es (five sets o~ up to 128 poem each). Wais ~lows ~e user to ·spIay s~pie "maps" on screen. Con.ct ~eon M~e Co., 46 ~ver Rd., son. NH 0305~. (603) 881-52~. · Mooring system The new Linear Mooring System fi.om NET Systems up to slx times as space-e£ficien~ as the traditional buoy me&od. The company's Ocean Spar Net Pen System. which uses verdcai floadng spars tensioned we.:ghrs and anchors, was the spdng- board for the new system, k is eas~y st.~21ed ~d very stabie, says .N~ETS, and offers abe versad~iW oi being movable. Contact NET Systems. Inc.. 7910 N.E. Day Rd. ~,L. Bainbridge [siand. WA 9813.0, (800) 722-5568. has introduced a cenmifuge designed for clezrfing lubricating and hydraulic oils. Dk~' oil is coninually drc-a~.ted through the cen~duge where a force field o/ne~- ty 2.000 G's separates ~e heavier par~c- ula:e and abrasive solids fi.om the o~.. The Model FPC2500 CenrrLfflter re- moves pardc'Aate down ro 3.-3 rakrome- ters and can re~.x~ ff~ree potmds of solids before maaua~ c!eaning. Contact: Ftuid Power Components, ~nc.. 17700 Miles Ave., CIeveland, OH 44~28, (216) 662- 7706. 'T NET Systems Lnc., a Bainbrid§e I~- ia_nd, WA company introduced a new concept in boat mooring at the SeaJair Hydroplane Rac~ in Sear'ia. The new '~oarer ~nd]y" Linear MooringTM SysreL:~. rep]aces convo--neional rnoorxn~ by allowing as many as 18 boa~ rn be safely and securely tied up in the sanne area that tbzee boats using the Product News --- rad/tional buoy metlnod woul! L'-~zTM system offe:~ ~ favorable desi~.~m~," '~; ao.~' ~- no: ~ te~olo~.' ha~ be~. ~uc:e~i'. waves ~d 3 ~ot c'~wen~. N~TS par~nr~_ Ocean 5~5 Pen Svst~, whid% ~es vemc~ fioa~- m~ s~ars tep~ioned wi+h w~i,h-: ani ~dnors, was ~e spmngbo~d ~or L~e~ Moo~mgTM 5}'~t~ ~ ~o idei for co~es wi~ ~gh sea,one[ vessel ~a~c or areas ~at w~ come a more des~able dest~afion wi~n ad~on~ moorage. ?ne ~e~ Moo~mgTM syst~ e~fly ~smHed ve~ stable boat moor- ~E syst~ ~d it ~o off~ ~e ve~a~- i~ of be~g movable. ~ s~e syst~. ~ be equipped wi~ wave ~n the spas, fo~g a '~ave A~enuator' w~ ac~ ~ a bred'a- ter. For more ~o~a~on, conrac:: Greg S~ter at ~T Syste~. 7910 N~ Day Rd. W. B~bddge ~., WA 99110, phone (800)-7~-5568 or ~ax (206) ~-6832. I I I I I I I I I I I I I I I I I I I Es LONG ISLAND SOUND COASTAL MANAGEMENT PROGRAM MATTITUCK INLET RECOMMENDATIONS I I I I I I I I I. I I I I I I I I I I MATTITUCK INLET Mattituck Inlet is located in the hamlet of Mattituck on the north shore of Long Island, in the Town of Southold, and is the only harbor on the north shore to the east of Mount Sinai Harbor. The tidal inlet is extremely narrow and approximately two miles long. The widest parts of the inlet, which are only a few hundred feet wide, are in the southern half. The inlet supports substantial vegetated tidal wetlands, shellfisheries, and a state-designated Significant Coastal Fish and Wildlife Habitat. It also contains a number of commercial and recreational water-dependent uses which are concentrated in three locations: at the inlet's extreme southern end; at its midpoint; and on the west shore near the northernmost end of the inlet. Residential development surrounds most of the inlet. Water-dependent uses include five marinas, commercial fishing, party and charter boats, and a transient anchorage area and two boat ramps in the extreme south end of the inlet. Most of the water-dependent uses are concentrated on the west side of the inlet. Agriculture is a major land use within the inlet's watershed. Approximately 21 acres of vacant, underutilized land, zoned Marine-II (M-II), is available for new commercial development or redevelopment on the northwest side of the inlet. This is a former industrial area which consisted of petroleum and asphalt tank farms. This area could accommodate new marinas and other recreational or commercial water-dependent uses, or a mix of uses. Sufficient space exists for upland dry, rack storage of vessels and limited in-water facilities, boat ramps, and associated parking areas. Water Dependent Uses Commercial Fishing and Shellfishing Facilities in the inlet support approximately 20 to 25 commercial fishing vessels. Most of these boats make daily runs, although several make extended trips. There are excellent docking facilities for commercial fishing vessels, with over 250 feet of bulkheaded dock space. One facility has a hydraulic crane for loading and unloading and, unlike most ports on the Sound, provides some gear storage space. No ice is available, and fuel facilities are deficient, requiring fuel to be brought to commercial vessels. Mechanical and engine repairs for commercial vessels are lacking, but is provided by on-call mechanics. Unlike other ports on the Sound, Mattituck is used by transient commercial vessels from Shinnecock Inlet during the summer. Although the inlet is relatively small, it is also an extremely productive shellfish growing and commercial harvesting area, producing hard clams, soft clams, and oysters of local and regional importance. Recreation The inlet is the only harbor on the north shore east of Mount Sinai Harbor and provides long-term and transient recreational vessel anchoring, slips, and services. Five marinas in the inlet provide dockage for approximately 600 recreational vessels, and approximately t50 recreational vessels are moored throughout the inlet. The greatest single concentration of moored transient vessels (approximately 25) are located in the federally dredged anchorage area at the extreme southern end of the inlet. Two boat ramps, one owned and operated by the Mattituck Park District for district residents and the other owned by the town and for Special Management Area~' 439 I I I I I I I I I I I I I I I I I I I town residents, are at the south end of the inlet. A 1.3 acre parcel at the extreme northwest corner of the inlet south of the west jetty, recently acquired by the Town of Southold in 1993 using Environmental Quality Bond Act funds, is an appropriate and suitable site for a public boat ramp due to its proximity to the Sound. Two parks and beaches, which are par~ of the Mattituck Park District, front Long Island Sound on both the east and west side of the inlet and are limited to use by park district residents. The park and beach on the west side abuts the inlet's west jetty at the inlet's entrance. The east park and beach abuts the inlet's east jetty and the Mattituck Inlet Wetlands Significant Coastal Fish and Wildlife Habitat located south of the beach. The inlet also supports some recreational shellfishing. The state-owned wetlands and the park abutting them on the east shore provide opportunities for passive recreation such as nature study and observation. Natural Resources Wetlands and Habitat Vegetated tidal wetlands exist throughout the inlet. The most extensive undisturbed vegetated wetlands are part of the approximately 60 acre atate-designated Significant Coastal Fish and Wildlife Habitat, which includes most of the open water of the inlet and its wetlands north of Mill Road. Most of the vegetated wetlands in the designated habitat are owned by the state Department of Environmental Conservation. The remainder of the underwater lands and tidal wetlands are owned by the Town of Southold. Wetlands are highly productive and support a variety of fish and wildlife within the inlet and in Long Island Sound near the inlet, including a substantial soft clam and oyster shellfishery, which is dependent on high water quality and undisturbed wetlands. Water Quality The water quality classification in the inlet is SA, and its highest assigned use standard is shellfishing. The inlet fails to meet the class SA water quality and use standards during the summer. Conditional shellfishing is allowed, however, in the winter except following a 0.2" rainfall within a 24 hour period, when coliform loadings exceed acceptable levels. Agricultural and urban nonpoint runoff within the inlet's narrow drainage basin are the primary sources of water quality and shellfish harvesting use impairments. Roadway drainage pipe discharges to the creek have been identified by the town as a source of nonpoint pollution. Water quality and use impairments are also related to large numbers of vessels in marinas and the public anchorage at the south end of the inlet. Summary of Issues and Problems The issues and problems confronting Mattituck Inlet as a maritime center are summarized below and illustrated on map 20.0 Problems within the inlet and its immediate area include: limited public access to the inlet and its resources for water-dependent recreation, navigation, and sheltfishing; use'conflicts within the inlet; insufficient infrastructure; and substandard groundwater and surface water quality. Issues include: the need to protect and prevent the displacement of water-dependent uses within the inlet; to redevelop approximately 21 acres of vacant and underutilized waterfront land at the north end of the inlet; to improve surface water quality for shetlfishing; and to maintain high value natural resources within the inlet. 440 Special Management Areas I I I I I I I I I I I I I I I I I I I i Mattituck Inlet Maritime Center Marine I1 Zoning District Commercial Fishing Suppor~ Fac{lities Oppo~unity for Water Depen~:ent Redeveiopment · Proposed Vessel Waste Facilities Dredged Material Dispor, aJ/Beach NourishmendSand Bypass ng SH Significant Habitat SS Signifie.~nt Shcllfisheries · Urban/Agricultural Nonpoint Source PolLution MAP 2O.0 MATTITUCK HARBOR N.Y. I I I I I I I I I I I I I I I I I I I Commercial SVater-Dependent Uses Although the existing water-dependent uses are consistent with their current M-II zoning category, the M-II district also allows non-water-dependent uses which could displace the important water-dependent uses. The displacement of docking facilities for the commercial fishing fleet would be disastroos, since the existing facilities are the only ones available in this part of the Long Island Sound region, and their loss would adverselv affect tile commercial fishing industry on Long Island. There is also a need to maintain'the existing marinas in the inlet to meet the demand for recreational vessel storage and servicing. There is an opportunity to facilitate the location of new water-dependent recreational facilities or a mix of water-dependent and water-enhanced uses within the existing 21-acre underutilized area at the north end of the inlet. This area is most appropriate for new water-dependent uses. such as marinas, boat yards, and boat ramps, due to its proximity to the Sound. its previously disturbed and [eve[ed terrain, and few natural resource constraints both on and immediately off-site. This is also one of the only areas in the inlet large enough to provide sufficient buffer area between water-dependent uses and residences. Petroleum tanks have been removed; however, some remaining tanks may still contain asphalt. It is not known if the area is contaminated or in need of remediation prior to redevelopment. If these areas are redeveloped for commercial or recreational water-dependent uses, such as marinas or boat yards, remediation may not be necessary. Navigation and Access to Underwate)' Lands and the Foreshore New in-water structures, such as docks and bulkheads, have become prevalent throughout much of the inlet. These structures impede access along the foreshore and to underwater lands for shellfishing and othe[ uses, and impede navigation in narrow, shallow areas. New in-water structures which adversely affect access and navigation need to be limited to the minimum necessary in order for property owners to exercise their littoral rights of access to the water, in order to prevent impairments to navigation and public access along the shore. Structures that cover large areas of underwater lands should be limited to areas adjacent to upland areas zoned for water-dependent uses, and should be limited in length so as not to interfere with navigation channels and navigation buffer areas. The anchorage at the south end of the inlet does not provide moorings for transient vessels. These vessels must use conventional anchors with greater scope than moorings. As a result, the vessels swing in large arcs and use valuable space in the basin. Vessels often anchor outside of the basin due to a lack of space. Permanent or semi-permanent moorings and tackle for transients, which are safer than conventional anchors and use a shorter scope, would result in better use of space in the basin. A greater concentration of vessels could be moored in the anchorage rather than spread out elsewhere in the inlet. Infrastntcture Constraints Major new development and major expansions of existing development are constrained throughout the inlet due to the lack of a readily available potable water supply, insufficient roadway infrastructure and parking space for major expansions of existing commercial uses, and insufficient surface water area between the established navigation channel and commercial upland uses. The shallow groundwater table, which has been the area's source of potable water, has been polluted from agricultural pesticides. It is not economically feasible to extend new public water supply lines to tile area. Narrow, winding residential streets surround the entire inlet, except at its extreme south end. where a major county road is within a few hundred feet of the Mattituck Park District and town boat ramps. Limited 442 Special Management Area.~ I I I I I I I I I I I I I I I I I I I parking is available at the south end of the inlet at the boat ramps, the park and beach at the entrance to the inlet on its west side, and at the park and beach at the entrance to the inlet on its west side (all for district residents only). Little space is available for new in-water structures or uses. since the inlet is so narrow and the existing navigation channel occupies much of the inlet. Erosion and Inlet and Beach Maintenance At the entrance to the inlet, beach erosion and shoaling is a problem that needs to be resolved. Shoaling of the inlet is a hazard for large commercial and recreational vessels, and the two jetties along each side of the inlet's entrance prevent the downdrift movement of beach material, resulting in downdrift erosion of the beach on the east side of the inlet. Sand bypassing of the inlet would reduce inlet shoaling and restore the sand budget to downdrift beaches. Water Quality and Shellfishing Substandard water quality resulting from nonpoint source pollution precludes the thlet's assigned use for shellfishing during most of the year, except during cold and dry periods during the winter when there is very little runoff entering the inlet. While water quality frequently fails to meet the inlet's assigned SA water quality standards, it may be possible to improve water quality, retain the SA classification, and reopen areas within the inlet for shellfishing. This will require adequate control and treatment of stormwater and agricultural runoff using nonstructural as we!l as structural management practices prior to its entry into the inlet. If these improvements are effective, the standard for closures might be amended to relax the 0.2H rainfall standard to allow shellfishing more often. In addition, use conflicts between shellfishing and concentrations of vessels in marinas and mooring areas need to be minimized in order to reopen portions of the inlet to shellfishing. Some of the potential risks of vessel waste pollution may be reduced by providing sufficient pumpout or dump stations for vessel wastes and designating the inlet a vessel waste no-discharge zone, but the potential for pollution from concentrations of vessels would still exist. In order to effectively resolve these use conflicts, concentrations of vessels will have to be limited to specific areas and prohibited in areas that are most important for shellfish harvesting. Summary of Overall Objectives l. Protect and maintain existing water-dependent uses in their present locations and improve conditions, so that they can operate cleanly and more efficiently, and allow these uses to expand within well-defined limits. 2. Facilitate the siting of new water-dependent uses on former industrial sites at the north end of the inlet, such as at least one public boat ramp and parking area, marinas and/or boat yards with dry rack storage. Any in-water facilities would be limited in size to prevent intrusions into the main navigation channel of the inlet. 3. Provide necessary infrastructure improvements (roads, parking, water supply, inlet and channel maintenance/bypassing, water quality improvements) to sustain existing and new development. 4. Maintain high natural resource and habitat values throughout the inlet. Special Management Area.~ 443 I I I I I I I I I I I I I I I I I I I Improve water quality for shellfishing and high value habitats by remediating water quality impairments resulting from agricultural and stormwater runoff and vessel waste discharges. Prevent use conflicts between shellfishing in highly productive shellfishing areas and congregations of commercial and recreational vessels in the southernmost anchorage basin, at marinas, and at other facilities and areas within the inlet. 7. Protect. maintain, and improve public access to underwater lands and the foreshore for shellfishing, fishing, recreational boating, and passive recreation. Actions Needed Develop a harbor management plan as a component of the town's Local Waterfront Revitalization Program that achieves the preceding objectives and includes priority actions, such as the following projects and procedural recommendations: Projects 1. Commercial Fishing - Provide ice, fuel, and mechanical repair facilities and services for commercial fishing vessels. (Objectives 1,2) 2. Recreation - Provide permanent or semi-permanent mooring tackle at the public anchorage at the south end of the inlet for more efficient use of space by transient vessels, and prohibit concentrations of anchored or moored vessels in productive shellfishing areas. User fees for moorings would pay for upkeep and maintenance of mooring tackle, etc. This would reduce vessel versus shellfishing conflicts by providing for a greater concentration of vessels in the anchorage rather than productive shellfishing areas, and preventing conflicts in important shellfishing areas. Provide a public park and a boat ramp with associated parking lots on the 1.3 acre stare-owned parcel on northwest side of inlet. Maintain the inlet channel and anchorage basin at adequate depths and use clean dredge spoil for downdrift beach nourishment. (Objectives 1,2,3,5,6,7) 3. Water Quality - Install detention or retention basins, provide street end improvements to control and treat runoff, retrofit direct pipe discharges from roadways to treat runoff before discharge to the inlet, and maintain or create adequate buffers along watercourses tributary to the inlet. Direct runoff to buffer areas for treatment prior to discharge in the inlet. Use federal Clean Vessel Act funds to provide sufficient vessel waste pumpout and dump stations for all vessels using the inlet. (Objectives 1,3,4,5,6,7) 4. Shellfish - Improve water quality by managing, controlling, and treating agricultural and urban nonpoint runoff. Construct detention or retention basins, create buffers, and improve street ends to prevent direct discharges to the inlet. Limit vessel mooring in productive harvesting areas and increase public anchorage capacity to relocate vessels from harvest areas. Establish shellfish spawner areas (especially for oysters). Transplant sheIlfish from anchorage area, marinas, and channels to spawner areas and other areas for harvesting. Increase access for shellfishing during winter months by providing public boat ramp at north end of inlet. (Objectives 1,2,3,4,5,6.7) 5. Access - Provide a public boat launch near the mouth of the inlet (see recreation above). Limit new bulkheads along the shoreline which result in loss of intertidal areas used for 444 Special Management Areas I I I I I I I I access along inlet's shoreline. Limit the length of new doc!cs to the minimum necessary to prevent impairments to navigation in channels and access to underwater lands for shellfishing. Provide pedestrian access to the inlet from street ends as part of street end improvements designed to control and/or treat roadway runoff. Maintain the inlet channel and anchorage basin. (Objectives 1,2,3,4,5,6,7) Marinas - Maintain the inlet channel and anchorage basin at adequate depths. (Objectives 1,2,3,6,7) Procedural Regulatory Simplification - Simplify the state and local regulatory process for public and private actions that are consistent with the harbor management plan. (Objectives ! ,2,3) Water-Dependent Uses - Maintain the M-II districts in their current locations to ensure that water-enhanced uses can not displace water-dependent uses, and amend the M-II zoning text to eliminate non-water-dependent uses. Consider a specific provision for protecting commercial fishing facilities from displacement. (Objectives 1,4,6) In-Water Structures - Establish s~award perimeter boundaries for new and existing water-dependent uses within M-II zoning districts. There is a need to limit the seaward extension of in-water structures given the narrow nature of the inlet. Within these perimeters, allow modifications to docks, piers, floats, pilings, etc., without requiring new regulatory permits for every minor modification, although changes should be reported to the town and state. Allow these in-water uses despite the SA water quality, classification. Where commercial uses exist, reclassify surface waters to SB within the area occupied by these uses and within a limited and well-defined adjacent area, where shellfishing does not occur or where the area is not a productive shellfishery. (Objectives 1,2,4,6,7) Tax Assessments - Assess existing water-dependent uses for their value as water- dependent uses, rather than assessing them as non-water-dependent uses, since non- water-dependent uses would be prohibited by the amended M-II zoning. (Objectives 1,2) Water Quality - After sufficient vessel waste pumpout and dump stations are available (most conservative standard would be one facility for each 300 vessels), designate the inlet a federal and state vessel waste no-discharge zone, and delegate federal enforcement authority to the state and town pursuant to Section 312 of the Clean Water Act. (Objectives 3,4,5,6,7) Harbor Improvement District ~ Establish a harbor improvement district, pursuant to Section 190 of the New York State Town Law, to provide a funding mechanism for public projects and physical improvements in the inlet, such as water quality improvement projects, studies, construction and maintenance of launching ramps, public docks, anchorage areas, bulkheads, land acquisition, public docking facilities, dredging, etc. (Objectives 1,2,3,4,5,6,7) Special Management Areas 445