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HomeMy WebLinkAboutFishers Island The Trust for Public Land 1987 f; . _ i ~ ~ f RECEIVED MAR 2 21988 f T~ ~ FISHERS .ISLAND 1987 t. L L L L THE TRUST FOR PUBLIC LAND - L L L FISHERS ISLAND 1987 Prepared for the Fishers Island Civic Association and the Fishers Island Development Corporation 1 by The Trust for Public Land June 1987 l f _ _ This report was compiled and written by Elizabeth Byers and edited by Rose Harvey of The Trust for Public Land, Bradford Burnham of the Fishers Island Civic Association and William Ridgeway, Jr. of FIDCO. The maps were prepared by Elizabeth Byers. The Trust for Public Land (TPL) is a national nonprofit land conservation organization that works with public agencies and nonprofits to acquire and preserve open space. Since its founding in 1973, TPL has protected 346,000 acres of scenic, recreational, urban, rural and wilderness land in 29 states and Canada. TPL's Land Trust Program works with community groups and land trusts to preserve open space resources in their communities. To date, over 80 local land trusts have been assisted by TPL, which now protect more than 20,000 acres. TPL's Northeast Regional Office is located in New York City at 666 Broadway, 10012, (212) 677-7171. A i L 1 i i ~ ~ TABLE OF CONTENTS I. INTRODUCTION 1 II. CONTEXT 2 III. THE TOWN OF OUTHOLD MASTER PLAN 4 IV. EXISTING CONDITIONS 8 A. POPULATION 8 B. HOUSING 10 C. ZONING 14 1: Current Zoning 14 2. Proposed Zoning 14 D. DEVELOPMENT 18 E. FUTURE GROWTH ROJECTION 25 F. INFRASTRUCTURE 26 i. Transportation 26 a. Ferry 26 b. Airport 28 2. Water Supply 29 3. Wastewater Facilities 32 4. Solid Waste 33 5. Electric System 36 6. Telephone System 36 7. School District 39 8. Fire District 39 G. NATURAL ENVIRONMENT 41 1. Geology/Soils 45 2. Landscape Features 46 a. Beaches, Dunes and Bluffs 46 b. Tidal Wetlands 46 c. Freshwater Wetlands 48 d. Upland Vegetation 49 3. Wildlife 51 4. Environmental Regulations 54 a. Tidal Wetlands 54 b. Freshwater Wetlands 54 c. Flood Hazard Areas 55 d. Coastal Erosion Hazard Areas 57 5. Open Space Preservation 61 a. Environmental Regulations 61 b. Private Initiatives 61 V. CONCLUSION AND RECOMMENDATIONS 64 A. Population 64 B. Housing and uture Development 64 C. Infrastructure 65 D. Environment a 65 E. Recommendations 66 1. Fishers Island Growth Committee 66 2. Not-for-Profit Housing Corporation 66 3. Fishers Island Conservation Committee 66 4. Site Development Guidelines 67 5. Private Land Preservation Initiatives 67 a. Fishers Island Museum Land Trust_ 67 b. FIDCO 68 c. Civic Association and Conservancy_____68 6. Infrastructure Studies __68 _ ~ _ ~ _ _ LIST OF TABLES 1. Population and Housing, 1960-1986 9 2. New Dwelling Units, 1960-1986 11 3. Housing and Land Sales, 1977-1987 - 12 4. Land Value Appreciation, 1977-1987 13 5. Number of Existing Lots by Land Use and Ownership, 1986 20 6. Subdivision Potential 21 7. Ferry District Annual Volumes, 1974-1986 27 8. Annual Average Daily Rate of Water Use, 1960-1986 31 9. Electric System--KwH Consumption, 1978-1986 37 10. Telephone System--Lines in Service, 1975-1987 38 11. Fishers Island School District Enrollment, 1972-1987 40 12. Wildlife Habitats _ 52 13. General Soil Characteristics 69 LIST OF FIGURES 1. Fishers Island Area Boundaries 3 2. Fishers Island Land Use Plan__ 7 3. Building Zone Map--West End 16 4. Proposed Zoning Map--West End 17 5. Land Use/Ownership/Subdivision Potential--West End 22 6. Land Use/Ownership--East End (1) _ 23 7. Land Use/Ownership--East End (2) 24 8. Natural Resources--West End 42 9. Natural Resources--East EndTl) 43 10. Natural Resources--East End (2) 44 11. Coastal Plant Community Cross Section 50 12. Regulated Coastal Zones--West End 58 13. Regulated Coastal Zones--East End~l~ 59 14. Regulated Coastal Zones--East End (2) 60 15. Soil Series Map--West End 71 16. Soil Series Map--East End 72 L L f_ • i • • • • UI. APPENDICES 69 A. Soil Characteristics, Limitations and Maps 69 B. Tidal Wetlands Permit Requirements 7q C. NYSDEC Freshwater Wetlands Definition 76 D. Environmental Regulations Enforcement Information 78 VII. REFERENCES- -'79 A. Reference ub ications 79 B. Reference Maps gD C. Resource Persons gI I L_ I. INTRODUCTION In response to residents' concern with future development on Fishers Island, the Fishers Island Civic Association contracted with the Trust for Public Land in 1984 to compile the original information in this report. This 1987 study serves as an update and re-examines the current state of development, past rates of change and the potential for new development based on the proposed zoning, as well as the Island's present infrastructure and its capacity to accommodate future development. Natural resource information is also 1 incorporated into the study since residents are particularly concerned that j the Island maintain its unique natural character. This original study was prompted in part by the formation of the Town of Southold Master Plan. Fishers Island is a hamlet in the Town of Southold, but its geographic separation has created its own set of needs. The Town adopted the new Master Plan in December 1985, but as of June 1987, the new zoning ordinance, which would serve to implement the Master Plan, had not been adopted. This study extracts and compiles all relevant sections of the Master Plan Background Study prepared in 1984, but also provides additional background information. This report includes a series of maps depicting land use, ownership, and natural resources information. These maps have also been prepared at a larger scale of 1" = 400' and are available for review at the Civic Association. In 1984, the Civic Association requested mapping for only the West End. The Fishers Island Development Corporation (FIDCO) is jointly sponsoring this update and has requested that the maps include the whole Island since the West End and East End are recognized to be interdependent. i I . t. I 1 II. CONTEXT Fishers Island extends approximately 7 miles southwest to northeast and averages three quarters of a mile in width, for a total of about 5 square miles (3,200 acres; see Figure 1). The Island lies about 12 miles off Long Island and 4 miles south of Connecticut, and is accessible only by plane or boat. Native Americans initially inhabited fishers Island. Arriving in the 17th century, English settlers used the Island primarily for agriculture and grazing. Due to its strategic location in the Long Island Sound, the U.S. government purchased 261 acres on the southwest end of the Island in 1898 to establish a defense fortification. In 1902, this area became Fort Wright, established to protect New London's submarine production. During the first and second World Wars, Fort Wright drew a large number of residents to the Island, raising its population to over 2,000. In the 1950's, however, much of the Fort was abandoned and sold. At present, the 67 acre Naval Facility is the only remaining federal government landholding. The original Fort Wright area is now owned by the Town of Southold, the Union Free School District, the Ferry District and private individuals. Today, Fishers Island is primarily a Sumner resort community; of the current 464 residential units (89% are single family dwellings), an estimated 73% are used seasonally. The current year-round population is approximately 285, but between the months of May and October, the summer resident population is estimated to reach almost 2,000 (see Population section for an explanation of ~ population figures). Houseguests, extended family and additional visitors 1 increase this Sumner population significantly; some residents estimate that these additional people almost double the summer population. The Island is ~ unique in resort communities in that there is virtually no tourism. It is a 1 residential community in which the vast majority of residents own property. Commercial uses on the Island are limited to the West End and are clustered in ~ only a few locations (see figure 5). The Pequot Inn is the only facility for - visitors, accommodating 24 people in 12 units. Fishers Island provides abundant recreational opportunities, especially swimming, fishing, boating, tennis and golfing; the latter two at private clubs. The Island has two private clubs and one yacht club. Fishers Island is governed by the Southold Town Council and by law, one representative on the Council must live on Fishers Island. A Fishers Island - representative also serves on the Zoning Board and Planning Board. The elected commissioners of the School District and Ferry District must be Fishers Island residents. FIDCO, formed in the thirties, controls and manages all non-privately held land east of the Gate House (referred to as the East End; approximately two- thirds of the Island). Subdivision and residential development on this part of the Island was originally planned by the Olmstead Brothers Company in 1926. FIDCO maintains the park-like quality of the Olmstead design by site and design review of each proposed residence, and restrictions on further - subdivision. FIDCO owns approximately 240 undeveloped acres on the East End, as well as all of the land used by the Fishers Island Country Club. FIDCO maintains the roads on the East End, where access is restricted. On the West _ End of the Island, the Town of Southold owns and maintains the public roads. t_ 2 r'..~ ~.w.lw. ...+.r_: „A~,nn.a ^.IYnlnr b11Wn. n+rMWeA eWAllri IuWI"i '"°r("4 Eylyyl~ w•n•,.I wItD1(SeEI LC F/ S U F. It S I S 1, A N D S 0 U N D E..r rE rl ONOn.r. DpunuNC ~ 1/" 1 n¢ur n^usn vlr.E re. a A-F \ I EAST NAROOR I'~~ D ^I ION s A; VVVVVV n H.nfN $OU fM r/l~ •11 EL.E XAMMp(;I( . • pl, yf • DV MPI iNG? \V1 (~Iny Pl. , e pU .°WPECR I. ~ oA J fI511L1t, IiI.MO Il.llA ^ ~I~ IV 11.0 e 2../ry ;[OVNTEt fLVll TiaACwe~~ . ° e° ~ NAIf~~ OLre elA4 / ? ~r.b. e.a.A a fdlx5/ .1 Q 1\ il^mb Nnl ~ o r e Q V ~ 11'F,.CT !/ARBOR ~ x ~ J rsv::oru• a µ:dB.an q O n..~5 ( J 'I r.. ~ r x ~ T,..Q n.. u, . _ ~ xnn~l,~ Ilnp..A . ~\'.i uunx cn I RIIUIIE ~ IY`S ~ ~r _ ~ 1'fINNf:CTICUT I ISLAND 5' (1 ~ //J ) 1LN~ FISHERS ISLAND / ( e..,n ~ Q. SUFFOLK COUNTS'. N. Y. N.... i.n l~ ....1 1j mn.^^w .y K..\ x,. x.n. r.m. /,w L. ~.O~•. .u...rp Dpu ndary: Mest End -East End ~ ~'r I: +e~T x AT/.AFT//' p(Y:A.V j~N]'. Oaindary: Fprl 'Ar iynt $epC iC Sys LCm Area III. THE TOWN OF SOUTHOLD MASTER PLAN The Town of Southold adopted its new Master Plan in December 1985 after extensive public review. Although the Master Plan represents Southold's plan for future development, the Town is not obligated to enforce the Plan's policies unless it adopts ordinances which are in conformance with the Plan. Adoption of the zoning ordinance is still pending. The Master Plan Update Summary, publisFied in April 1985, outlines the goals and land use proposals of the Master Plan. The Plan addresses residential and economic development, the natural environment, community services and facilities, and transportation systems. The following policies, excerpted from the Master Plan Update, summarize the Plan's objectives for preserving and enhancing the Town's natural and built environments. Housing: Preserve the existing housing stock and provide the opportunity for the development of a variety of housing types. Economic Development: Strengthen and diversify the Town's economic base...and year-round and seasonal employment opportunities. Waterfront: Protect environmentally sensitive coastal areas, maximize public access to the waterfront and achieve economic benefits from water-enhanced and water-dependent activities. Agricultural Preservation: Preserve Southold's prime farmland and encourage the continuation and diversification of agriculture. Environment: Preserve and enhance the Town's...waterways, wetlands, tidal marshes, woodlands, bluffs, dunes and beaches. Maintain and protect Southold's pastoral and open qualities. Ensure an adequate quantity of high quality ground water... and maintain and improve surface water quality. Promote a development pattern that is responsive to sensitive areas exhibiting prime agricultural soils, poor drainage, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and woodlands. Maintain and protect finfishing and shellfishing habitats. Cultural Environment: Preserve the Town's historic, cultural, architectural and archaeological resources. ( Preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town. Community Facilities/Utilities: Ensure the provision of an adequate range of community facilities and services. Maintain and improve existing utility systems and determine { where it is appropriate to expand water supply, sanitary 4 sewer, storm drainage and solid waste disposal systems in order to support the desired level of development and to maintain and protect a healthful living environment, a viable economic base and the natural environment. Provide an open space and recreation system adequate in size and location to accommodate a range of facilities to serve the total (seasonal and year-round) population. Transportation: Insure efficient movement of people and goods within, as well as into and out of Town, in a manner that maximizes safety and maintains the scale and integrity of residential and agricultural areas. As part of the Master Plan, the Town adopted a Land Use Map (see Figure 2) which recommends land uses for all land areas within the Town. The proposed zoning conforms to these land use recommendations. The land uses recommended are based on "the characteristics and scale of existing development, characteristics of the land, quantity and quality of the land, past and anticipated trends, quantity and quality of subsurface water, and capacity of existing service and their potential for expansion". The following is an explanation of the Master Plan land use categories (only those applicable to Fishers Island are described). Low Density Residential: This one unit per two acre or one unit per three acre designation is recommended in coastal environmentally sensitive areas. Parts of the West End of Fishers Island are designated for a one unit per two acre zone, and all of the East End has a one unit per three acre designation. Development should only be permitted on non- environmentally sensitive lands. Hamlet Commercial: In these central areas, retail uses predominate but some office, public, semi-public and residential uses are permitted. General Commercial: This category includes those commercial activities not appropriate in the center business area such as auto oriented business, wholesale and distribution business, contractor yards and other heavy commercial activity. Marine Commercial: This includes areas for commercial marine activity including marinas and boat yards with boat building, mooring facilities for recreational and/or commercial boats, mariculture operations, fish processing facilities or ferry I terminals. These uses are encouraged on sites which front on the bays and which will not negatively impact residential neighborhoods and valuable natural environments. Recreation: This category consists of: a) publicly owned parks and beaches b) privately owned recreation facilities such as beaches, golf j clubs and yacht clubs i_ ~ 5 c) proposed park facility sites; the Plan encourages the development of active and passive recreational areas which provide access to the waterfront. Open Space: Areas with this designation are existing preserves, and sensitive environmental features such as dunes, bluffs, beaches and wetlands that should remain as open space. Public/Semi-Public Facilities: On Fishers Island, the school, landfill, library, museum, governmental buildings and churches have been placed in this category. Transportation/Utilities: On Fishers Island, a Utility Company property, the Water Works properties on Barlow Pond and Chocomont Hill, and the airport have been placed in this category. i I 6 f---- I 1 rrr+ ~.rri ^~~4i" MYMFw, ~Wa WeYMM .WMIWw iWY~~y 4~14Yh yw+r if i l ~r Lam- ~.l p B/ocF /s/ond Sound • Ci:'c. `ci • a iwo ~ uoo .roo ..oo v rtu T 1D C 7 rD IV Agricultual Conservation ® Marine Recreation Residential Low Density ® Marine Business • ~ t~ ResideMial Low Density B ® Light Industrial/Oftice Pork LAND USE PLAN ©r Residential LawDensityC Lightlndustriol • u Residential Low Density D ' / Tronsportalion/Utilities ~I~~ ~\V~~l~~ t7 r ~ ~O~ r' n ~ n n ~ n I. ~ © Resort/Residentiol A ~ Recreation I 1~ 1l )1lf `J, U W ILI`' I~JII Resort/Residential B Open Space SUFFOLK COUNTY NEW YORK Residential/Office Public/Semi-Public TOWN OF SOUTHOLD PLANNING BOARD RAYMOND, mRISN, PINE a wEWER, INC.-BANNING AND COMMUNITY DEVELOPMENT CONSUL.TANf$ Hamlet Business Proposed Road TAPRY1gW N. NEW YORK General Business Proposed Road Improvement IV. EXISTING CONDITIONS A. POPULATION Based on 1980 census figures and the increase in houses built over the past six years, the current estimated 1987 year-round population of Fishers Island is 285. Although seasonal resident population has been increasing through the years, the year-round population has been steadily decreasing; 10% since 1980, 38% since 1970 and 44% since 1960 (see Table 1). The past and current seasonal population is very difficult to estimate due to the lack of accurate records documenting the number of people who visit the Island during the summer. To estimate the number of seasonal residents, the number of seasonal homes was multiplied by a factor of 5 (Table 1)*. Using this multiplier, the total number of summer residents was estimated at 1,960. This figure includes only summer homeowners/renters and their immediate family, which does not reflect the total number of Island users, including houseguests, relatives, day trippers, and domestic help. Considering the large size of most houses on the East End, houseguests and extended family alone significantly increase the number of people on the Island. Although some residents approximate that total seasonal use of the Island has created a population of as many as 4,000 people, to date there is no actual documentation of the number of people using the Island during the summer. The closest approximation is the Ferry District's figures on the number of passengers and automobiles travelling to and from the Island (Table 7). This table, however, is not an accurate representation of the number of people on the Island at any given time, since it is not possible to estimate each passenger's length of stay. Table 7 does, however, give an accurate representation of the percentage increase in the total number of people using the Island. The table shows an estimated 79% increase in passenger ferry use and a 122% increase in automobile ferry use from 1974 to 1986. This percentage increase in ferry use is much higher than the actual increase in seasonal resident population, which has grown 42% since 1970 and 77% since 1960. A comparison of ferry use and seasonal residential population growth rates indicates that use of the Island by houseguests, visitors and commuters has increased at a greater rate than seasonal residential population in the last ten years. *The Long Island Regional Planning Board uses a factor of 5 as a standard _ multiplier to estimate seasonal residents, since there are generally more people than average per household during summer months. (The average year- round household size on Fishers Island is 2.3.) The 1984 estimated seasonal residential population was doublechecked by a local realtor estimate, who using the phone book, approximated the number of residents in each house. g . ~ r • ~ ~ Table 1 Population and Housing 1960-1986* Resident Population** 1960 1970 1980 1986 Year-Round Population 508 462 318 285 Seasonal Resident Population 960 1,195 1,430 1,700 Total Resident Population 1 468 1 657 1 748 1 958 Housing Year-Round Housing Units 150 150 140 124 Seasonal Housing Units 192 239 286 340 Total Hc~~~ina Units 342 389 426 464 *Source: Year-round population and year-round housing figures for 1960, 1970 and 1980 are from the Long Island Regional Planning Board (LIRPB) - interpretation of U. S. Census Data. The total number of housing units is based on the 1980 U.S. Census figure of 426. All other years were calculated by using the Town of Southold Building Permit File (see Table 2). The number of seasonal housing units is based on the difference between total housing units and year-round housing units. For 1986, the number of year-round t housing units was calculated through the Assessment Roll of residential units {L owned by year-round residents, as well as a tally of year-round occupied rental units. Seasonal population is approximated by multiplying the number of seasonal housing units by 5 and 1986 year-round population is approximated by using a multiplier of 2.3. These are standard multipliers which the LIRPB uses to calculate seasonal population. **This chart represents the total number of residents, defined as homeowners/renters and their immediate family. It does not include the total number of people using the Island such as houseguests, domestic help, visitors and extended family (see Population section). 9 - _ i _ • . ~ B. HOUSING There are an estimated total of 464 residential housing units on Fishers Island. In the past 26 years, housing has increased at an average annual rate of 4.5 units per year; a total of 122 new dwellings have been constructed since 1960 (Table 2). 76 of these new houses (63%) were constructed on the West End and 46 (37%) constructed on the East End. 27 of these houses (22%) were built by year-round residents. Since 1982, an average of 6 units have been built each year. On the East End, all of the existing houses are single-family detached units (93% of which are owned by seasonal residents). On the West End, 52 of the existing housing units (il%) are within two to six-unit family dwellings and the remaining units are single-family detatched houses. Year-round residents occupy approximately 124 (27%) of the total number of housing units on the Island and 60% of the multi-family rental units. As Table 3 indicates, an estimated 108 houses and 92 lots transferred ownership since 1977. The number of sales has fluctuated through the years, with a peak in 1981 (41 house and lot sales, mostly attributed to FIDCO land sales) and a low in 1980 (4 house and lot sales). Over the past five years, there has been an average of 17 house and lot sales per year. Seasonal residents accounted for 90% of the total house and lot purchases; 10% (19) were properties owned by year-round residents and sold to seasonal. Furthermore, though purchases by year-round residents represents 10% of the total (21 transactions), of these, 81% (17 out of the 21 sales) were sales or transfers between year-round residents. Residents and two local realtors have indicated a shortage of affordable housing for year-round residents due to the limited housing supply and the ~ inflated value of real estate resulting from the high demand by more affluent i- summer residents. The rapidly inflating land and housing values are best documented by appreciation of unimproved lot values. Table 4 provides some examples of price appreciation for properties that have been sold twice within the last ten years. This is by no means a complete accounting of all transactions nor can any patterns be assumed, however the examples in this table show a 425% appreciation in unimproved land, and 375% appreciation in improved land since 1977. I 10 Table 2 NEW DWELLING UNITS 1960 - 1986* 1960 2 (2W) 1970 5 (3W,2E) 1980 3 (2W,lE) 1961 4 (2W,2E) 1971 4 (3W,lE) 1981 5 (3W,2E) 1962 2 (2W) 1972 8 (6W,2E) 1982 6 (3W,3E) 1963 4 (2W,2E) 1973 2 (1W,lE) 1983 4 (1W,3E) 1964 5 (3W,2E) 1974 5 (4W,lE) 1984 7 (3W,4E) 1965 7 (3W,4E) 1975 4 (4W) 1985 5 (2W,3E) 1966 7 (6W,lE) 1976 1 (lE) 1986 8 (4W,4E) 1967 3 (3W) 1977 1 (1W) 1968 5 (5W) 1978 3 (2W,lE) 1969 8 (5W,3E) 1979 4 (1W,3E) Total 47 (33W,14E) 37 (25W,12E) 38 (18W,20E) Total New Dwelling Units 1960-1986: 122, 36% increase, 76W (62%), 46E (38%). Annual Average, New Dwelling Units 1960-1964 3.4 1965-1969 6.0 1970-1974 4.8 1975-1979 2.6 1980-1984 5.0 1985-1986 6.5 1960-1986 4.5 I *Source: Town of Southold Building Permit file. The year indicates the date ~ on which the building permit was issued. As of March 31, 1987, no building permits had been issued in 1987. Wand E indicate a new dwelling on either the West or East End. i ~ 11 • ~ Table 3 HOUSING AND LAND SALE ESTIMATES F 1977-1987* Houses Unimproved Lots Total 1977 10 6 16 1978 4 4 g 1979 20 8 28 1980 2 2 4 1981 18 23 41 1982 11 16 27 1983 2 4 6 1984 9 4 13 1985 11 8 19 1986 15 13 28 1987 6 4 10 Total 108 92 200 Of the 200 houses and unimproved lots sold since 1977, 179 (90%) have been purchased by seasonal residents. Of the 108 houses sold since 1977, 12 of these were owned by year-round residents and sold to seasonal residents and seven unimproved lots were transferred from year-round to summer residents. Since 1977, 21 houses and unimproved lots were bought by year-round residents - but 17 of these transactions were sales from year-round to year-round residents. t_ *1987 figures are through April. Source: Tally from Long Island Traveler Watchman, compiled by a local realtor. i 12 1 ~ ~ • Table 4 ~ • LAND VALUE APPRECIATION* 1977-1987 Unimproved Land Location Size Bldg 1st Sale 2nd Sale Comparison Comparison (acres) sites Year/ Year/ Price per Price per Price (in Price (in Acre (in Buildable loop's) loop's) loop's) Lot (in 1st Sale/ 1000's) • 2nd Sale 1st Sale/ 2nd Sale West 1 1 80/525 86/5120 525/5120 525/5120 East 1 1 82/$78 86/5200 578/5200 E78/5200 East 2 1 84/$30 86/5265 515/5135 E30/5265 East 4 1 80/$38 86/$200 510/550 538/5200 East 4 1 81/529 87/5160 57/$40 529/5160 East 4 1 81/528 85/$90 57/$23 528/590 East 2 2 84/$31 86/5138 516/569 516/569 East 3 2 82/538 86/5210 513/570 519/5105 West 6 2 77/$20 86/5200 53/$33 510/5100 Improved Land** East 9 0 77/5250 81/$2,500 528/5280 N/A West .3 0 79/590 85/5250 5270/5750 N/A West .25 0 80/570 86/5250 5280/51000 N/A West 1 0 81/595 86/5235 595/5235 N/A West 1 0 81/553 86/5180 553/5180 N/A East NA 0 19/5160 85/5350 N/A N/A Price per Acre Price per Buildable Lot (in 1.000's) (in 1.000's) t- Unimproved Improved Unimproved Average, ]977-84 19.3 145 30.3 Post 1984 Sale 82 545 145.4 Average Increase in Value 425% 375% 480%' * Figures are compiled from Lona Island Traveler Watchman tallies. These increases in values may not account for home improvements. 13 C. ZONING Although the Town of Southold has developed a new zoning ordinance and map which conforms to the adopted Master Plan, the ordinance has not been adopted. The Town expects adoption of the ordinance in the Fall of 1987, after an environmental impact statement has been prepared and a final public hearing is held. Until this time, any new development must conform to the current zoning ordinance and map (Figure 3). 1. CURRENT ZONING Current zoning for most of Fishers Island requires a minimum 2 acre (80,000 square foot) parcel and a 2 1/2 story maximum building height for any single- family residence. Single family dwellings can be constructed on lots less than 40,000 sq.ft. where subdivision approval was granted prior to November 23, 1971 and on lots less than 80,000 sq.ft. where subdivision was approved prior to May 20, 1983. Other uses permitted under this 2-acre zoning category (A-80, Residential and Agricultural District) include commercial agricultural operations and buildings used, owned, or operated by the Town of Southold. Several other uses, including two-family dwellings, churches, schools, camps and other public buildings are permitted by special exception of the Board of Appeals. Fishers Island has a few areas on the West End zoned as M (Light Multiple Residence; 6.5 acres), B-1 (General Business; 220 acres, most of which is the Town's property), C (Light Industrial; 2.5 acres), and C-1 (General Industrial; 4.5 acres). (See Figure 3) Old army houses along Whistler Avenue and one parcel on Montauk road have an "M" district designation. Lots under this zoning can be a minimum of one acre, and multiple family dwellings cannot be occupied by more than four families. The Town of Southold's 178-acre parcel on the southwest end of the Island (former Fort Wright land), the school and ferry district as well as warehouses on the western end, commercial uses near the post office, the intersection of Crescent and Fox Avenue, and a strip along Montauk Avenue are zoned for general business uses. Heavier commercial uses are grouped under industrial designations (C and C-1); these uses include marinas, contractor yards, public utility structures and warehousing. 2. PROPOSED ZONING The Town of Southold's newly developed zoning ordinance and map, last revised in September 1986, has an anticipated adoption date of Fall 1987. This zoning map (Figure 4) basically reflects the land use map adopted by the Town in December 1985. The proposed zoning maintains, for the most part, the existing 2-acre zoning on the West End but would reduce the unit density for any new subdivisions on the East End to a 3-acre minimum. The following is a description of each zoning district proposed for Fishers Island. Figure 4 shows the land areas where these zoning districts have been proposed. t 14 A ricultural-Conservation District/Low Densit Residential R-80 2 acre R-120 3-acre R-400 10 acre Within this district, the unnecessary loss of sensitive environmental features will be controlled. The entire East End of the Island and the Hay Harbor Golf Course are zoned R-120, most of the West End is zoned R-80, and the Town's 178-acre parcel and the Naval Facility are zoned R-400. Low Density Residential R-40 (1 acre): This district provides areas for residential developments where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling unit per acre and where open space and agricultural preservation are not predominate objectives. Hamlet Density Residential (HD): This district permits a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. One-family detached dwellings or multiple dwellings/townhouses require a .5 acre minimum lot size; with both community water and sewer, minimum lot size is .25 acres. The row of houses along Whistler Avenue is zoned HD. Limited Business (LB): This district provides an opportunity to accommodate limited business activity in areas outside the hamlet central business areas that is consistent with the rural and historic character of surrounding areas and uses. Both nonresidential uses and one-family detached dwellings in this zone require a 2-acre minimum lot size. Hamlet Business (HB): This district provides opportunities for "business development in the hamlet central business areas, including retail office and service uses, public and semi-public uses, as well as hotel and motel and multi-family residential development that will support and enhance the retail development and provide a focus for the hamlet area". Nonresidential uses require a .5 acre minimum lot size and residential uses must conform to the Hamlet Density Residential District standards. General Business (B): This district provides areas for "retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas." Nonresidential uses require a .75 acre minimum lot size. Marine II (MII): This district provides "waterfront locations for a range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to, or location in marine or tidal waters and which in general are located on major waterways, open bayfronts or The Long Island Sound". l_ i 15 I - r- f".. r+.riw" wwa ,..w.w ,.r.`r iwri. wrw Y.wily awrYW, rrWrj rwrrl w~.r.g •.EEw~ M Light Multiple Residence (1 acre) B Light Business (.5 acre) B-1 General Business (.75 acre) CnE`.EM C Light Industrial (1 acre) ,~N C-1 General Industrial (5 acre) A (All other) Residential/Agricultural (2 acre) ep{ '6-1 z~ The entire East End is within a ~ f Residential/Agricultural (A) zone. O ~t s ea CD~~ ff vP PD ~i O pPD Jb 4V y O a • v~ ~ T • ~O ~ G Q Hqy wes ~;~,D ` K'FST ~ O HgRBOR s. t~ . U~ HgRB~R T s.~ ~ `f . e-~ i o. ~q, a. p" ~ ~ ~ 9~' H JEN ~ n~ ~ {/.7 'C.~ ~ A _ /o. e f 4 O ~ 1 P~CA 9 O~ 5~ 4° OJ f~ ~ c~ i C_ O' f, VIEW ¢ 5 DeMmD • \'I ~ ivt Gt n f/i` B - 7 / TOWN OF SOUTHOLD, BUILDING ZONE MAP - 1970 r-'-' rte'-- r.Yr. .W+.r =+.wr w+y"w rra.r .iw.YM. w~1M5 ~i°1 °Y"w" 5 rr,y *""1 """'1 R-40 Low Density Residential (1 acre) R-80 Low Density Residential (2 acre) R-120 Low Density Residential (3 acre) 1 ' R-400 low Density Residential (10 acre) 1 HD Hamlet Density Residential (.5/.25 acre) - pL LB Limited Business (2 acre) `\R-80 HB Hamlet Business (.5/.25 acre) 6 General Business 75 acre) MII Marine (2/.5 acre) °p. The entire East End is within an R-120 zone, ~ ~ ~W Vp O ~ ' . ~ P • ~JW / s MP . ~ 4 H•Q y4j" _ ~ O • r, E pp 9eOR Ff pPES yt y. FTNO T v MII ~ 8 ti ~FST ~ I ~ J HIE ~ m 4 ~ I f y~ JL . ~ p HO '980,9 A R- 120 ` R-40 'sr" ' Q`f9a Lv R 0 wHi n.En~ wt. " VIEW 9 a t' _ ~d~F ` ~ R•400 9L 8 • F~'f R-120 ctosunp n ay • R-400 TOWN OF SOUTHOLD, PROPOSED ZONING MAP - MARCH 1987 D. DEVELOPMENT At present, the total land mass of fishers Island is divided into 931 existing lots. 431 of these lots (46%) are occupied by residential units and 75 lots (8%) are under public, institutional or commercial use. 45% of the total existing lots are vacant (Table 5 and Figures 5, 6 and 7). Although the number of existing lots has increased by 17 since the 1984 report, this is mostly due to the fact that these parcels were not previously listed in the Assessor's Role. On the West End, however, 2 lots were subdivided into 3 parcels, 1 lot was subdivided into 2 parcels and 2 lots were consolidated into one, which amounts to an additional four lots through subdivision. Under current zoning (permitting mostly 2-acre minimum lot sizes), 156 additional parcels could be created on the West End, since many parcels consist of four or more acres*. Further subdivision, however, is restricted on all East End existing lots due to 20 year restrictive convenants imposed by FIDCO since the original Olmstead Plan. In 1985, FIDCO renewed these 20 year covenants, based on an affirmative vote of property owners holding a majority of the East End acreage. Unless FIDCO has a change of policy in 20 years, the current number of East End lots will remain the same. Under proposed zoning, the two large vacant publicly owned lots (the Airport site and Naval Facility) have a minimum lot size of 10 acres. This change of zoning from a .75 and 2 acre to a 10 acre minimum significantly reduces the potential number of additional parcels, if subdivision was to occur*. The total number of additional parcels which could be created under proposed zoning is 77 (or 68, excluding the Airport and Naval Base site), less than half of the number of lots which could be created under current zoning. L Table 6 illustrates the number of parcels possible on both the West End and the whole Island, if subdivided from existing vacant lots, improved lots or public properties which have the possibility of being subdivided at some point in time. Based on proposed zoning for the West End, 30 additional parcels could be created from existing privately-owned vacant lots and 25 additional parcels could be created from lots with existing residential units. If the Utility Company property and the Town's property near the ferry were sold and subdivided, 8 additional lots could be created and 9 additional lots could be created if the Naval Facility and the Town's parcel (excluding the Airport) were ever sold and subdivided. Given the subdivision potential on the West End for an additional 77 parcels, the total possible lots on the Island could increase to 1,008. , * In November 1985, the Town of Southold proposed an amendment to provisions of the Fishers Island Ferry District Enabling Act. This amendment, passed by the New York State Legislature and awaiting the Governor's signature, prohibits the Town from selling its property on Fishers Island without _ approval of a majority of the Ferry District Commissioners and a majority of voters and property owners on Fishers Island. This amendment would make a sale and subsequent subdivision of any Town property very difficult. Also, r sale of the Naval Base property is unlikely due to its active use as an accoustical sounding test site. 18 There are currently 425 privately owned vacant lots on the Island which could accommodate new houses (61 of these lots are still held by FIDCO but might eventually be sold). If these 425 lots were built on, and 77 new lots created and built on, the number of existing homes on the Island would double. There may be, however, restrictions on development of all vacant lots due to natural constraints (steep slopes, floodplains, poor soils, or the presence of tidal or freshwater wetlands). Taking these features into account, the total number of developable parcels might be reduced. (See Figures 8-10 for locations of 'natural development constraints.) 19 Table 5 NUMBER OF EXISTING LOTS BY LAND USE ANO OWNERS HIP* r WEST END 3# Land Use Own~ers~hi~ Residential 303 easS onal 304 Commercial 26 Year-round 132 Institutional 35 Public/Semi Public 36 Vacant 113 FIDCO 5 Total: 477 EAST END Land Use Ownership Residential 128 Seasonal 369 Public** 14 Year-round 10 Vacant-FIDCO*** 61 Public/Semi Public 6 Vacant-Private 251 FIDCO 69 Total: 454 TOTAL Land Use Ownership Residential 431 Seasonal 709 Commercial 26 Year-round 142 Public 49 Public 42 Vacant 425 FIDCO 74 Total: 931 *Source: Town of Southold Assessment Roll and Levy Module, June 1, 1986. Since FIDCO's subdivisions are not reflected on the Suffolk County Assessors Maps, East End parcel numbers are calculated from the May 27, 1983 FIDCO parcel map. The source for ownership information is the Assessment Roll's listing of owner's address. Those owners with a Fishers Island address are assumed to be year-round residents, and all others seasonal. **Public land is defined as the golf course, country club and Waterworks' parcels, as well as those parcels with permanent development restrictions (Museum Land Trust and Nature Conservancy holdings). ( ***FIDCO's vacant land is defined as the subdivided lots which are not t currently on the market. j 20 i_ • Table 6 SUBDIVISION POTENTIAL* (Total Lots Capable of Being Created Based on Proposed Zoning) West End Additional Parcels Total Parcels Current land-Use Existing if Subdivision if Subdivision Parcels Occurs Occurs Vacant (Privately Owned) 113 30 143 Dwelling Unit 303 25 328 Commercial & Institutional 57 5 62 Vacant (Publicly Owned) 4 17 21 Total: 477 77 554 East End Additional Parcels Total Parcels Current land Use Existing if Subdivision if Subdivision Parcels Occurs Occurs Vacant 312 0 312 Dwelling Unit 128 0 128 Other (Public)** 14 0 14 Total: 454 0 454 West End and East End Additional Parcels Total Parcels Current land Use Existing if Subdivision if Subdivision Parcels Occurs Occurs Vacant (Privately Owned) 425 30 455 Dwelling Unit 431 25 456 _ Commercial & Public 71 5 76 Vacant (Publicly Owned) 4 17 21 Total: 931 77 1,008 *Subdivision potential is based on proposed zoning. The existing parcels category indicates the number of parcels currently vacant, with a dwelling unit, under commercial or' institutional and those which are unimproved public land with long-range subdivision potential. The other categories tally the number of additional lots possible if subdivision occurred and the total number of parcels possible under subdivision. The publicly owned, vacant land category represents part of the the Town's 178-acre parcel (which is not used as the Airport), the Town's 4.7 acre parcel near the ferry dock, the Naval Facility and a Utility Company property. Development potential of the Naval - Facility and the Nirport parcel is explained in the text. **This includes FIDCO's undevelopable land (the golf course, country club and _ Waterworks parcels) and parcels with permanent development restrictions (Museu~ Land Tr wt and ";store Conservancy holding:;. 21 Figure 5 LAND USE/OWNERSHIP/ SUBDIVISION POTENTIAL` e4~;. ~ . Pf11VATE O SINGLE FAMILY RESIDENTIAL ,A~..,. ~ MULTIFAMILY RESIDENTIAL ~T HgMLET COMMERCIAL ` GENERAL COMMERCIAL \i~ . . v u. ~ RECREATION OPEN SPACE L FIDCO r w•~ j O VACANT ~ ~ ' PUBLIC ~ ~ ..I ~ 1 ~ e+ ~ INSTITUTIONAL ''a .o ` TRANSPORTATION/UTILITIES ~ " ~ ~ ~ n D VACANT ~ • • r. ca wwm.. run~a . w o rlaw.. © I Il T • ~ e o_ ? e ~r. 3 1 , ' ` ~IIjTI 1 ~ r v,1 I 4 .9+t o ka P C ( qq'~ o aao r. J ¢ - i, ~ r W . '4 a0. t \ 'z; I ' ~ v AAV~ ~ J O r .Jry i d 1 r ° v 3 - 1 I r r ~ _ I'~`~V'r~ may.. "`yy.. .M ! c. ~ , ti ; e'. I y ~T' ~ m.. 4 k 1 j^ p 1 ~ _ _ _ ~ ~i { ! ~ _ . I .,,_..._•.W- FISHERS ISLAND b s r ri~-TNT WEST ENDS a i5•A+0 _ _ _ saoc. 22 I ~ Figure 6 I i , LANG USE/OWNERSHIP I}/RRO seuRa }/}M[RS PRIVATE •w Q SINGLE~FgMIIV RESIDENTIAL .a I - ® MULTPFAMILY RESIDENTIAL _ ® NAMLET COMMERCIAL E, GENERFL COMMERCINL R '°I ~ ~ 1 INSTITUTIONAL D; ~ , P D RECREATION I ~ FRR/ - D OPEN SPACE a N ~ .i ~ ~ .f~ Fn FIDCO $ ~ O ~ \Y` ~ O VACANT ? S I \ r1 Y y Y PUBLIC f yl g ® INSTITUTIONAL _ I II J O TggNSPOq TATION/UTILITIES D / / L J' b F } w t w ~ - I • t T ~ ~ 4,'f i _ 'L.. _ 3 - C O / S. I ,L1~ \ , I ~ . t" . r f f _ I}J}o I ~ / ~ m, _ / O i ,LOT F. I, ~ ~ `v ~ v. ~ ~~s rR [ _ p • E F ^ ...M..a _ ~~"~~=W~ ~ FISHERS ISLAND ~ ~ NT EAST END 1 _ 23 _JI+. _ Figure 7 LAND USE/OWNERSHIP vprvATE Q SMGLEFAMILY RESIDENTIAL is _ MULTLFAMILY RESIDENTIAL m NAMIET COMMERCIAL ® GENERAL COMMERCIAL ~ © INSiITUT1IXJAL ff ~Wf Hf © RECREATION I15 - _ -4 _ _ - _ . _ _ ~ OPEN SPACE ';Sx~ ` ~~Y- Q FIDCO I O Q vaCANT 1 ]~s)Yp )1 > ) ~1 • PUBLIC d"NJ ~,5 YA '~Y: ~ti -1R tr _ _ _ _ _ ' ® INSTITUTIONAL f j) t~ r~yS;~P?:T yTY')). / • _ _ ~ TRANSPORTATION/UTILITIES - / U - T ' S•t ~ y. VACANT ~ ~ ~ ~ 9 d 5 5 ~ nD ( A,:Y ? ?~~1 1 e _~l _ J f r ~y ` , S5 i.~} I hf]I pfd P _ 515 le y \ C 'S )s ,aiva D~~ l+ „ ~ ~~~y. z 5 ? r ~ ~ f ~ Mp 1 w ? - •arR ;xxrri i' e ~ `r~_ p i~ • ~~~`.yT _ I _ F _ rca~. ii ~ _ f`\c eLOGF I _ I - _ _ _ _ . I i .w~_° ~~°,n FISHERS ISLAND ~ r'~-T,NT EAST END 2 _ - ~ I ~ ~ - 24 ~ _ - E. FUTURE GROWTH PROJECTIONS The number of houses built each year in the last 26 years has fluctuated between 1 and 8, following economic trends. There has been a 36% increase in the number of houses on the Island since 1960 (an average of 4.5/year); almost 40% of the houses built since 1960 were constructed during the 1960's. Few houses were built in the late seventies (an average of 2.6/year), but building activity has increased in the last five years to an average of 6 new dwellings per year. Future growth projections for seasonal population and housing on the Island are difficult to make due to the fluctuations over the past 26 years. Growth projections have been based on the average number of houses built over the past five years, however, given the current high demand for seasonal homes, the number of houses built over the next few years may actually be greater than this five year average. The assumption has been made that there will be a constant increase in the number of houses built over the next 23 years. The projections have been calculated based on an annual percentage increase; .013% for the average 1982-1986 growth rate. Assuming a constant increase in the number of houses built over the next 23 years, Fishers Island could expect up to 621 total housing units (a 34% increase) by 2010 and a total resident population of 2,608 (assuming that most of the new households are seasonal; an average household size of 4.2 is used, the current average). 1987 1990 1995 2000 2005 2010 Total Number of Housing Units 464 482 514 548 582 621 Total Resident Population 1,958 2,024 2,158 2,302 2,444 2,608 -These projections are based on the assumption that only single-family homes will be built. If a condominium complex was built on the Island, however (which would require a zoning variance), this would increase the projected growth rate. ¦ As discussed in the Population section, this residential population does not iL include houseguests, day visitors, live-in help and relatives. The number of additional people who use the Island will most likely increase with the seasonal residential population and additional housing units. However, day visitors (such as yachters) are not necessarily tied to housing units, and additional commercial facilities (such as restaurants and motels) could result in a disproportionate increase in Island use compared to residential growth. The Ferry District's 1974-1986 annual use figures document a 122% increase in automobile use, indicating a growth rate in total Island use that is much higher than residential population growth. As evident from Table 1, tear-round population has been steadily declining through the years. Based on a 10% decline in year-round population from 1980- 1987, if declining at the same rate in the future, year-round population could L drop to as low as 198 by 2010, with total year-round housing units decreasing to 85. L L 25 ' F. INFRASTRUCTURE 1. TRANSPORTATION a. Ferry The Fishers Island Ferry District transports most of the population and freight and-all of the motor vehicles to and from the Island. The Ferry District operates two ferries between Fishers Island and New London, MUNNATAWKET and RACE POINT. The ferries currently average 128 cars per day in the summer months (June-September) and approximately 61 cars per day during the remainder of the year. An estimated 51% of the cars and passengers carried throughout the year travel during the summer months. To accommodate these numbers, the Ferry District runs about 32 trips per week during the Sumner season (including May and October), with a maximum of 37 trips per week during the late June through Labor Day period. The number of trips drops to approximately 26 per week during April, November and December and 24 per week during January, February and March. Passenger use of the ferry increased 79% from 1974 to 1986, while automobile use increased 122% during this time (See Table 6). The Ferry District has no accurate documentation on the number of commuters using the ferry. The Ferry District has estimated, however, that currently 80 people commute to the Island and 4 people commute to the mainland on the ferry. In addition, approximately 30 people commute to the Island by other boats and 15-20 people commute to the Island by plane. MUNNATAWKET, in service since 1978, has a capacity of 210 passengers and 25 automobiles, although if carrying one tractor trailer with a legal size load it can only accommodate 21-22 cars. Because this ferry has only about 30' of open deck space, it is difficult to accommodate large trucks. RACE POINT, placed in service on June 24, 1985, has a capacity of 246 passengers and approximately 32-35 automobiles. RACE POINT has approximately 75' of open deck and accommodates larger trucks than MUNNATAWKET. L L L 26 Table 7 FISHERS ISLAND FERRY DISTRICT ANNUAL VOLUMES* Total Passengers Total Autos Passengers June-Sept. Autos June-Seat. 1986 120,456 60,536 29,962 15,372 1985 113,296 57,720 26,602 13,274 1984 104,231 55,298 23,976 12,711 1983 101,664 54,166 22,879 12,079 1982 99,286 52,527 21,251 11,015 1981 94,446 49,966 20,246 10,664 1980 89,213 47,132 17,819 9,147 1979 85,222 45,637 16,087 8,341 1978 77,658 42,574 14,596 7,513 1977 66,843 NA 13,053 NA 1976 69,206 NA 13,462 NA 1975 67,218 NA 13,078 NA 1974 67,405 NA 13,481 NA L L Increase in passenger use, 1974-1980: 79Y Increase in auto use, 1974-1986: 122Y *Source: Fishers Island Ferry District L 27 b. Airport Elizabeth Field, Fishers Island's small utility airport, is operated by the Fishers Island Ferry District. It is located on the Town's 178-acre parcel, originally part of Fort Wright. The airport has a 2,500-foot paved runway and averages ten aircraft operations (either landings or take-offs) per day in the winter months and up to 40 operations per day during the Sumner months. In 1986, the number of take-offs and landings (tallied by the airport staff) on Elizabeth Field totalled 11,036, a 22% increase from 1981. Airport traffic dropped in 1983, primarily due to bad weather conditions. The use of the i airport over the past six years has been as follows (figures represent the total number of operations): 1981 1982 1983 1984 1985 1986 9,042 10,320 8,624 9,270 10,974 11,036 Air taxis account for approximately 50% of the aircraft volume. Three air taxis service the Island: Action Air, Coastal Air, and Yankee Airways. Action Air, a charter flight service, flies mostly in and out of Groton, Connecticut but occassionally provides service from other airports. Action Air uses six aircraft to service Fishers Island: two twin engine and four single engine planes. Coastal Air has been servicing the Island since 1955 from Groton and uses three planes for Fishers Island runs. Yankee Airways, based out of Waterford, Connecticut, has provided a charter flight service to the Island since 1975, but is presently only operating two single engine planes. The Sanger foundation recently made a $10,000 grant to provide seed capital for major airport improvements and a consultant will be hired to study the specific airport needs. It is anticipated that improvements will consist of: a VASI system (a visual assistance system for pilots), relighting the runway and improving the runway's condition. Total costs have been estimated at $200,000, of which 95% would be provided by state and federal grants. L I_ L 28 2. WATER SUPPLY The water supply, treatment, distribution, and storage facilities for Fishers Island are owned and operated by the Fishers Island Water Works, a subsidiary of FIDCO. Due to the Island's hilly terrain, most precipitation flows to freshwater ponds or to the shoreline. Barlow Pond, which is centrally located and has a 40-acre watershed, is the primary source of the Island's water supply, holding about 10-15 million gallons. The New York State Department of Health has classified Barlow Pond as a Class A (top quality) drinking water supply body. A gravity pipeline carries water from Barlow Pond to a suction well. At this point, it is pumped to the filtration treatment plant adjacent to the pond. The water treatment plant has a capacity to process 1 million gallons a day. After filtration, water is fed directly to the water mains or pumped to the storage reservoir on Chocomont Hill, which has a capacity of about 500,000 gallons. Middle Farms Pond is used as a secondary water source, if needed, during peak summer usage. This water is transferred to Barlow Pond by a portable pump. Following the 1965-66 drought, Fishers Island Water Works dug two back up wells near Middle Farms Pond. Since water supply has been adequate from the ponds, the use of well water has been minimal. Aside from these wells, there are about 20 individual wells in use on the Island. Although never used, Treasure Pond is another source of surface water supply. Since Fishers Island has relatively few wells due to abundant surface waters, groundwater depletion and saltwater intrusion have not been a problem to date, although some saltwater was detected when the Country Club drilled for wells. Due to the irreversible nature of saltwater intrusion, future groundwater use should be carefully monitored. The Fishers Island Conservancy is currently exploring t the feasibility of conducting an acquifer study for the Island. The watersheds of Barlow, Middle Farms and Treasure Ponds should also be kept relatively undeveloped to protect the quality of the water supply. Fishers Island Water Works is currently investigating the temporary use (up to two months) of the two wells at Middle Farms Pond, due to the need to repair the settlement tank, mixing basin and clearwell at the treatment plant. If use of the wells proves feasible, the Water Works will need to purchase two pumps and two chlorinators for the wells, construct adjacent buildings, and connect this water source to the distribution system. The cost of this new well equipment and work has not been estimated, nor has the cost of the treatment plant repairs been estimated. Average daily water use has changed little in the past 20 years, according to a 1970 Metcalf & Eddy study and recent Fishers Island Utility Company figures. Between 1960 and 1969, the average daily water use was .177 million gallons a day (mgd) or 64.6 mg/year (see Table 8). However, as Table 8 illustrates, water use did not steadily increase through the years, but randomly fluctuated. For the ten-year period between 1977 and 1986, average daily use increased to only .185 mgd or 67.5 mg/year, a 4% increase from the 1960-1967 average. In the past five years, however, average daily use has only been .16 mgd. This is due in part to the fact that prior to 1982, the Fishers Island Country Club used about 5% of the Water Work's water supply. Due to water pressure problems for residents in the vicinity, since 1982, the Country Club 29 has been supplying 70% of its own water from ponds and wells to alleviate this problem. Also, in the last few years, there has been a higher than average rainfall; since an estimated 60% of the Island's water is used for landscaping, a high rainfall year will significantly decrease the water usage. For example, since July of 1987 was particularly dry, water use for that month was 28% greater than July of 1986. Major leaks may also cause fluctuations in water use. In the past thirteen years, the maximum water usage in one day has been .66 million gallons, or 66% of the water treatment plant's total capacity. Approximately 60% of the year's total water usage occurs from June through September. Although there is an adequate water supply and treatment plant capacity, low water pressure is a significant constraint of the water supply system, especially for residents on the far western and eastern ends of the Island. The distribution mains, installed in 1902 and 1926, have been roughened by corrosion, causing friction within the pipes, which significantly reduces water pressure. Cleaning the distribution mains and looping the mains together could alleviate this pressure problem, however, this would be very expensive and there are no current plans to undertake this work. L I_ 30 Table 8 ANNUAL AVERAGE DAILY RATE OF WATER USE* r Calendar Year Average Daily Use, MGD ll 1960 .17 1961 .15 1962 .14 1963 .I8 1964 .18 1965 .19 1966 .18 1967 .17 1968 .22 1969 .19 1977 .21 1978 .21 1979 .24 1980 .21 1981 .18 1982 .16 1983 .17 1984 .15 1985 .15 1986 .17 1960-1967 average rate .177 1977-1986 average rate .185 *Source: 1960-1969, Metcalf & Eddy, Report to FIDCO on Water Supply and Distribution Facilities, 1970. 1977-1986, fishers Island Utility Company. These water usage figures are not representative of end water use since volumes are measures of the amount of water pumped through the filtration plant. There can be up to a 40% water loss in the distribution system before treated water reaches final use, making it difficult to measure actual per capita water use from average daily use figures. Through 1982, these figures include water use by the Fishers Island Country Club, which used about 5% of the water supply. i 31 • 3. WASTEWATER FACILITIES The Fort Wright area (see boundaries on Figure 1) has the only sewage. collection system on the Island, which services about 40 buildings. In addition to this main disposal system, within the Ft. Wright area, the school has its own system and there are about 7 individual septic systems. The school's system is in good condition and should be capable of handling waste through the year 2005. In 1986, a new community subsurface disposal system was installed in the Fort Wright area to eliminate all discharge to surface waters, with a total cost of approximately $500,000. This system has two main subsurface disposal areas and 5 individual on-site disposal systems, yielding a total 20,000 gallon septic tank capacity. This tank could also accommodate the ferry's 1,000 gallon sewage tank, which is currently deposited on the mainland and pumped weekly during summer and monthly during the rest of the year. Given an estimated 100 gallons per capita per day of sewage flow, this new septic system can accommodate a maximum population of 200 in the Fort Wright area, a 30% growth increase from this area's current population. The remainder of the Island uses individual on-site subsurface sewage disposal t systems. In response to a questionnaire distributed for the 1981 A. R. Lombardi Associates wastewater facilities study (40% responding), 57% of Island residents indicated that they have a septic tank/leaching pool system and 37% have a cess pool/leaching pool system. Since 1972, Suffolk County Department of Health Services regulations have required septic tank/leach pool systems for all new residences. Minimum standards require that a residential system consist of one 900 gallon septic tank and 300 square feet of leaching area located on the homeowners property. The depth to groundwater determines how many leaching pools are needed since the bottoms of the pools must be kept at least 2 feet above the maximum groundwater level. Due to fishers Island's well-drained soils, low density, and seasonal use, residents have experienced few problems with individual septic systems, although a few septic tanks or cesspools have been pumped out. Septage from existing tanks and cesspools is disposed of at the sanitary landfill, but there are no records of the quantity of sludge disposed here. The A.R. Lombardi report estimates that the total annual average Septage needing disposal is 40,000 gallons. Wastewater systems will not be a constraint for future development in the Fort Wright area or the rest of the Island as long as the location for development has permeable soils and meets the Department of Health's minimum acreage and groundwater requirements. ~ 32 ) 4. SOLID WASTE In 1983, a solid waste management study was completed for Fishers Island. Researched by Lockwood, Kessler and Bartlett, Inc. (LKB), the study analyzed existing disposal conditions and evaluated long-range alternatives. The following indented sections are excerpted directly from the report. Present Waste Disposal Practices Solid wastes are presently disposed of at three separate areas on Fishers Island. Household garbage is deposited at the existing landfill, and other burnable debris including brush, clippings, cardboard boxes and construction debris is deposited at the gun pits. The existing landfill and gun pits are operated by the Fishers Island Garbage and Refuse District (FIGRD). Metal wastes such as motors, old refrigerators, and other "white goods" are placed in an abandoned pit operated by the Town of Southold. The existing landfill is a 13-acre site leased by the FIGRD from a private owner. (The five year lease was renewed January 1, 1986.) Disposal at the landfill is carried out by a single-contractor who is responsible for collection of all household garbage on the Island. The Town of Southold also uses the landfill to dispose of garbage collected from the Town boat docks during the summer season. Private disposal at the existing landfill is not permitted. The gun pit area receives burnable debris from individuals and private contractors. The 9-acre area is located on the western end of the Island and it contains a series of abandoned concrete gun pits formerly used to house coastal artillery. The pits, which were constructed prior to World War I, are 20 to 25 feet deep and interconnected by underground tunnels and storage rooms. The concrete used to construct the pits is structurally massive, but has undergone considerable cracking and deterioration because of age and weathering. Two of the four main gun pits at the site are used for waste disposal, and the accumulated debris is burned at irregular intervals. Since waste disposal at the site is by individuals and private contractors, the present cost of operating the area is minimal.... The FIGRD has personnel on-site at the gun pit area (3 days a week) to direct the disposal of debris. Metal wastes deposited in the "white goods" area are periodically hauled from the site and barged to Connecticut...This area is operated by the Town of Southold and is not under the jurisdiction of the FIGRD. Waste Quantities For 1982-83 and 1986-87, quantities of waste being brought to the existing landfill have been calculated based on daily and weekly truck counts repcm ted by the collection contractor. The weight of the garbage was calculated by assuming an on-truck density of 500 pounds per cubic yard, which is typical for the type of waste and equipment involved. The estimated amount of waste brought to the landfill for each time period in both years is shown below: Time Period, 1982-1983 Weekl Waste Load Total Wastes Deposited tons/weeks (Lon s) May 15 to July 1 23 135 L July 1 to Aug. 31 38 338 Sept. 1 to Oct. 15 23 135 Oct. 15 to May 15 6 192 Yearly total 800 tons 33 Time Period, 1986-87 Weekl Waste Load Total Wastes Deposited tons/weekj- tons) May 15 to July 1 24 192 July 1 to Aug. 31 40 360 Sept. 1 to Oct. 31 24 192 Nov. 1 to May 1 10 250 Yearly total 994 tons Based on both.1982-83 and 1986-87 weekly waste load figures, about 75% of the annual waste deposited at Fishers Island's landfill is generated during the summer months (May 15 - October 15). Over the past four years, waste quantities have increased from 800 to 994 tons per year (a 24% increase). The amount of wastes placed in the gun pits yearly is estimated to be one third of that deposited at the landfill, or about 270 tons per year. This estimate is based on measurements made by LKB during site visits, and on conversations with members of the FIGRD. Disposal at the gun pits is apparently highly variable, occurring frequently during the spring through fall and relatively infrequently during winter. Remaining Capacity of the Existing Landfill A trench approximately 160 feet by 28 feet deep is presently used for waste disposal at the existing landfill.... Because much of the existing landfill area has already been utilized, a limited area remains for construction of additional trenches. The trench-and-fill method of landfilling can probably only be utilized for another few years. The remaining capacity of the existing landfill cannot be more precisely determined because there are no records of where previous trenches were placed. Test holes would have to be drilled to determine if and where an additional trench can be placed without unearthing previously buried wastes. The solid waste management study reviewed several long-term waste disposal alternatives, many of which were eliminated from serious consideration due to various constraints. Those alternatives reviewed in more detail considered "technological feasibility, short-and-long-term costs, potential environmental impacts, and their ability to meet the regulatory requirements and constraints of the Island setting." Based on these variables, the study recommended the _ purchase of a modular incinerator for combustible solid wastes to be installed at the existing landfill site or at the gun pit area. The plan also recommended purchase of a wood chipper to process wood debris in place of open burning. Based on this recommendation, the FIGRD has decided to buy two incinerators which each have a capacity of 15 tons of waste per day. Installation of the incinerators in the gun pit area has been approved by the NYSDEC but approval by the Federal Aviation Administration is pending. FIGRD is now in the process of: surveying the area, conducting an environmental impact study which includes testing for the presence of fresh groundwater due to the potential for contamination, and researching financing alternatives. The FIGRD also plans to separate wastes, recycle, and install a wood chipper. Installation of this new equipment is expected for 1989, thus, landfilling activity at the landfill site will not continue longer than the term of the lease. The FIGRD is seeking a grant to help pay for the costs of closing the landfill. 34 ' ' ' ~ The new incinerators, with an estimated purchase and installation cost of $1 million, will have a combined capacity of 30 tons per day or 210 tons per week which far exceeds the current peak summer waste load of about 6 tons per day (and 10 tons per week in winter). L 1_ 35 ' 5. ELECTRIC SYSTEM* Fishers Island obtains its electric power by an underwater cable from Connecticut. Prior to 1967, the Fishers Island power plant served the Island but is now used only as an emergency back-up system with a 1,100 KW capacity. This back-up system would be adequate for most of the year, since between October and May of 1986, average peak demand was about 845 KW. However, during July, August and September of 1986, KW peak usage reached 1,580, requiring a source of additional power.- Throughout the years, August has always experienced the highest electric demand. The current capacity of the electric system, defined as the peak load which can be accommodated through the submarine cable, is estimated to be 2,500 KW. Fishers Island reached a 1,668 KW peak load in 1985 (in 1986, however, peak load was 1,580 KW), only 67% of capacity (Table 9). This 1985 peak load represents a 23% increase from the 1978 peak load of 1,360 KW. If this seven year growth rate continues, the current electric system should be sufficient for another 14 years. Before the electric system reaches capacity, the Utility Company will research bringing another cable to the Island. The cost of purchasing and installing a new cable could be about $1 million. 6. TELEPHONE SYSTEM* The Fishers Island Telephone Corporation's central office holds a present capacity of 950 lines (telephone numbers), expanded from 760 lines in June 1985. As of June 1987, 832 lines were in use. Between January 1975 and June 1987, 351 lines have been installed, representing a 73% increase (Table 10). 59% of this twelve year increase has occurred in the past five years. The Telephone Corporation attributes a significant percentage of this growth to requests for multiple lines in residential units. Based on the past five year growth rate (excluding 1987) of an average 39.6 additional lines each year, the present telephone capacity could be reached in 1990-91. The Telephone Corporation will decide in the next two years whether to expand its present system or to switch over to a digital system which is more expensive (approximately $500,000) but would have a much greater capacity. L 1_ *Source: Fishers Island Utility Company I 36 Table 9 ELECTRIC SYSTEM* KWH CONSUMPTION, 1978-1986 TOTAL KWH (in millions) Peak KW Demand (August) 1978 3.52 1,360 1979 3.52 1,424 1980 NA NA 1981 3.88 1,522 1982 3.99 1,480 1983 4.13 1,532 1984 4.13 1,488 1985 4.31 1,668 1986 4.51 1,580 l_ *Source: Fishers Island Utility Company L 37 Table 10 TELEPHONE SYSTEI+I LINES IN SERVICE* Total Additional Lines Each Year 1974 481 1975 512 31 1976 534 22 1977 537 3 1978 555 18 1979 565 10 1980 586 21 1981 625 39 1982 666 41 1983 701 35 1984 722 21 1985 771 49 1986 823 52 1987 832 9 Total 351 a Total new telephone lines from January 1975-June 1987: 351, 73% increase. The 1975-1937 increase represents an average of 28.5 additional lines each year. 58% of this twelve-year increase has occurred in the past five years. *A line is defined as a telephone number. Source: Fishers Island Utility Company. i j 38 7. FISHERS ISLAND SCHOOL DISTRICT The Fishers Island School, constructed in 1972, is designed for an enrollment of up to 135 students. Since 1972, enrollment has dropped 32%. 47 students will be enrolled in preschool through twelfth grade next year (see Table 11) and the faculty is comprised of twelve full-time and two part-time teachers. It is estimated that the current staffing could support at least double the current enrollment, but there is no expectation that the school population on Fishers Island will increase significantly since enrollment has remained fairly constant for the past nine years. The school hopes to expand its enrollment, however, by encouraging students to attend from Southeastern Connecticut. The School District's 6.4-acre site includes outdoor facilities (tennis. courts and a basketball court) and a four lane bowling alley leased by the Island Peoples Project (IPP). The School District also has a 3.8-acre site for faculty housing, and a 2.1-acre site which is used for ecological study. 8. FIRE DISTRICT* The Fishers Island Fire District, located in a one-story stucco/block building constructed in 1965, houses five vehicles and contains a meeting room. The Department currently has two pumper tankers, both with a 750 gallon capacity and 1,000 gpm pumps; one converted army truck with a strong pump, a fast attack truck, an ambulance and a fully equipped ambulance boat. (The fire District's equipment capacity is adequate for Fishers Island's current needs.) for fire and rescue purposes residents dial Groton, Connecticut which activates the base unit and contacts fire department members through two-way radios. The Fishers Island Fire District utilizes the hydrants of the Fishers Island Waterworks system, but does not depend exclusively on them because of inadequate pressure. The Fire District brings tanker/pumpers and the army pump truck to fires and pumps from available bodies of water as needed. The problem of inadequate pressure has recently been improved by the installment of an automatic control system which triggers a pump at the treatment plant's clearwell, reserved for fire use. *Excerpt from the Master Plan U date Background Studies, Town of Southold, 1984. 39 ' ~ Table 11 FISHERS ISLAND SCHOOL DISTRICT ENROLLMENT* Enrollment 1972-73 111 1973-74 101 1975-75 99 1975-76 95 1976-77 77 1977-78 75 1978-79 69 1979-80 47 1980-81 42 1981-82 47 1982-83 49 1983-84 47 1985-85 42 1985-86 47 1986-87 47 1987-88 47 Percent Change, 1972-1987: -32 l *Source: Fishers Island Union School. Beginning in 1982-83, these figures include a new pre-kindergarten program. l_ L 40 ' ~ G. NATURAL ENVIRONMENT The natural environment is an important element of fishers Island's unique character. Any future development on the Island should be evaluated in context with its impact on, and the constraints of, natural features. The following section provides an overview of the geology, soils, landscape features and wildlife of Fishers Island. The soils are discussed in terms of their suitability for development, and. the sections on landscape features and wildlife discuss the importance of their ecological roles. A final section reviews existing environmental regulations relevant to Fishers Island; these include wetland, floodplain and coastal erosion zone regulations. Special permits are required before any development can occur in these regulated areas since certain types of development are prohibited. The natural resources maps prepared for this study (Figures 8, 9 and 10) delineate areas with development constraints and significant natural features. Specifically, these maps show ponds, wetlands, dunes, beaches, steep slopes (over 15%), high groundwater, impermeable soil (unsuitable for septic), areas with rapid soil percolation (where septic systems sited near wetlands can create a pollution hazard) and significant wildlife habitats. Wetlands regulated by the New York State Department of Environmental Conservation (NYSDEC) are highlighted on the natural resources maps, and floodplains and coastal erosion zones are delineated on a separate set of maps (Figures 12- 14). 41 Figure 8 NATURAL RESOURCES ,l 0 D POND/WETLAND ' ~ - • ~MI~~G~ epYl~llw y W A/SOEL 0 BEAGM/DGNE ~ - _ " STEEP SLOPE ~ - 11 „"y n O HIGH GROUNDWATER " i DIMPERMEABLE SOIL 9, ~ 5 CG A O RAPID SOIL PERGOt AiION ~ ~ d Q SIGNIFICANT l ) WILDLIFE HPBITAT ~J r - M1u4~r emwMa 4 tAl~ 13 ~n rpxl ~I 1 Y ~ 1 ~ ~ T _1 / 1 1r ~ ~ ~ m 1 ~ ..'f -'I ' I~ l ~ 16~, 1 ^ 4 s&a.. • } a. ' :,~13 r s . a u w'. ~ \~,1 .i l t 1:'rvl 1 d°°A .n.mN ms s.a.r~ FISHERS ISLAND rtri NT WEST END _ ,E ,E°~. " 42 Figure 9 i______ _ - /5(1X0 SOUXO NATURAL RESOURCES POND/WETLAND .n ee rpvl[elen 0~ fM II[30[C D BEACH/DUNE l1 v S' - ~ BTEEP SLOPE U ~ ~ ~ T ~~C. 1 C Q HIGH GROUNOWAiER ~ A a ~ ~r• /'~m~- ~ 9 V ~ ~I ~ ~ \F26/ Q IMPERMEABLE SOIL F' r , '1. E a O RAPID SOIL PERCOLATION ~ ~ } d 1p `dd O SIGNIFICANT nm ..M.e. ~ r ° li. ~a.(~t'' • j ~~J ~ I ~ WILDLIFE HABITAT s .i. ~ ~ "7~ ~ J / e s. ~ % ~ t•~~. r r , , - ~ ~ ~C ~ ~ ' j~ 4 i - j .r/ 'fl./~. V'~ 1 l ~ X ~ [e u fem. ,s - Age ~ ice, 9.. l i k • n ~ ~ b_ ~ ~ QLOtf n kp - 'i 9 ~J` _ r~ } i . - - a _ Z _ - FISHERS ISLAND n~-~'[rNT .EAST END 1 43 I ~ ! ~ ! Figure 10 - sooxo NATURAL RESOURCES ' ' © PONU/WETLAND • ~~4~<.uv r.9el.t~w Gr [1n IIrSU[C 5 LINP , D BEACH/DUNE STEEP BLOPE Q HIGH GROUNDWATER _ p5 f 0 IMPERMEA9LE SOIL rls~ .f Q RAPID SOIL PERCOLATION ~ A ~ .y D GIGNIFICANT ~ ~ B ~ _ Y WIIDLIfE HABITAT s.e...e...,.,,.a, m r.el. rz ..oe... J ~ _ r- - x, ~ ~ ~ .oo., _ f~ j^~ ~ ~ ' / _ ~ 1~ ! i < ~ I I 1 ' . ~p g { so CJ F'' ~ ~ A ,,_a. ~ I1J; ~ X23 _ l =S - I i - e - , /F oy / ~ ~ ~ O 4 .aQ~ ~ ! Q ~,r r c, eIOF/ I I I ~ ! I - - I ! -:-C-_ _l - FISHERS ISLAND ~ ' !Zn NT EAST END 2 I ~ 44 I 1. GEOLOGY/SOILS The surficial geology of Fishers Island consists of glacial deposits formed by Southern New England's last Pleistocene ice sheet. The Island's uneven landforms are typical of morainic (glacial) deposits which range from sandy, gravelly and bouldery fill, to stratified sand, silt and clay deposits. There is no evidence of bedrock outcrops on the Island and bedrock is generally assumed to be at.a depth of greater than 200 feet. The major soil group of Fishers Island is the Carver-Plymouth-Riverhead association which consists of deep, rolling, well-drained, coarse textured soils on moraines. The sandy texture and steep. slopes makes most of this association poorly suited to farming, and slope is the limiting factor to using the soils as building sites. Native vegetation on these soils consists of white oak, black oak, pitch pine and scrub oak. ' Minor soils of the island include Haven and Montauk soils, which are also well drained and found on upland flats. Other land areas have been classified by the Soil Conservation Survey as beaches, cut and fill land, escarpments, gravel pits, tidal marshes and a soil of the Bridgehampton group (see Figures 15 and 16 in Appendix A). Table 13 in Appendix A lists each soil series on Fishers Island and the soil's t characteristic depth to seasonal high water table, permeability, septic field ` limitation and limitations for homesites. Following Table 13 is an explanation of its categories and ratings, and Figures 15 and 16 show the boundaries of each soil series. According to Table 13, beaches, muck, tidal marshes, sandy fill land with high groundwater and steep slopes (15-35%) all have severe limitations for use as I septic fields or home sites. Due to slow permeability, Montauk sandy loam soils have limitations for sewage disposal fields. Those soils with rapid permeability, however, such as Carver, Haven, Plymouth and Riverhead, pose a pollution hazard if located near a well, pond or stream. The natural resources map delineates all beaches, dunes, freshwater and tidal marshes as well as areas with high groundwater, steep slopes, slow and rapid permeability, all of which pose certain constraints for development. L L L L 45 2. LANDSCAPE FEATURES Fishers Island has significant coastal landscape features including beaches, dunes, bluffs and tidal wetlands, as well as inland environments of freshwater wetlands, a transition shrub community and upland forests. a. Beaches, Dunes and Bluffs Beaches are sandy, gravelly or cobbley areas between water at mean sea level and dunes or escarpments. Vegetation in the beach environment is very limited. Fishers Island has several beaches, especially along the southern coastline. Dunes are wind deposited mounds of sand located landward of beaches, usually supporting a stabilizing growth of beach grass. Other cortQnon plants in the dunes are beach plum, beach pea, poision ivy and sea rocket. The southwestern shoreline of Fishers Island has a long stretch of dunes. Beaches and dunes should remain undeveloped to provide protection from storms and high tides. Bluffs are a common coastal feature along the Fishers Island shoreline. Bluffs with a slope exceeding 35% are labelled as escarpments by the Soil Conservation Service. They are steeply sloped landforms composed of glacial till, devoid of vegetation, and subject to erosion by wave action. Due to steep slopes and high erosion rates, bluffs are not suitable for development. b. Tidal Wetlands* Tidal wetlands, or salt marshes, are grassy coastal floodplains which contain, or are periodically inundated by, salt or brackish water. Tidal wetlands...are an important coastal resource which perform the following functions: - Marine Food Production. Tidal wetlands are one of the most i productive ecosystems in the world; they have a very high L concentration of nutrients. Two-thirds of all commercially harvested fish and shellfish depend on the marsh-estuarine system at some time in their life cycle. - Wildlife Habitat. Tidal wetlands are important as breeding, nesting, and feeding grounds. - Flood and Storm Control. Tidal wetlands serve as a natural buffer, protecting upland and developed areas from storm tides and L absorbing wave damage. - Recreation. Tidal wetlands provide many opportunities for hunting, fishing, birdwatching, etc. - Pollution Control. Tidal wetlands serve as an important basin in which some organic pollutants are chemically and biologically converted into useful nutrients. *Excerpts from the Master Plan Update Background Studies Town of Southold, 1984, by Raymond, Parish, Pine & Weiner, Inc., except where noted in parantheses. 46 • • • • - Sedimentation. Tidal wetlands absorb silt and organic matter, which otherwise would obstruct channels and harbors. Tidal wetlands have been defined in the New York Environmental Conservation Law...as "those areas which border on or lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters..." Specific zones within tidal wetlands are further defined by the types of vegetation they support. The vegetation in a tidal wetland is determined by elevation and the frequency with which tidal flooding occurs. The lowest portion of a tidal wetland, which is below mean high tide and is flooded daily, is dominated by salt marsh cordgrass (Spartina alterniflora). The upper slope, which may be flooded ten days out of the month, is dominated by salt marsh hay (Spartina patens) and spike grass (Distichlis spicata). The highest elevation within the tidal wetland, which is flooded only during storm tides, is dominated Dy black grass (Juncus Berardi). Other common plants in the high marsh area include cattails (Typha latifolia and T. angustiofolia), groundsel bush (Baccharis halmifolia) and the reed, Phragmites communis. Phragmites, a common reed which is often associated with disturbed or altered wetlands, is usually abundant in areas which have been built up above the mean high tide level, or in areas with limited sources of salt water. NYSDEC has inventoried all of New York's tidal wetlands and classified them according to the type of vegetation they support. (Development within each type of tidal wetland inventoried by the NYSDEC is subject to regulation under the Environmental Conservation Law (see Regulation section and Appendix B)). These wetland classifications are as follows: Intertidal Marsh (IM) - this is the area generally lying between the daily tides. It is dominated by low marsh cordgrass and produces the most primary nutrients. Coastal Fresh FM -these areas are uncommon in New York, and are found primarily where freshwater run-off is backed up by daily tides. They are usually bordered by rushes, cattails, and brackish water cordgrass, as well as by pickerel weed and marsh roses. This type of wetland is highly productive and has extremely high value for wildlife. High Marsh or Salt Meadow (HM) - this wetland zone is generally above the daily tidal flow, and is regularly flooded about ten days out of the month, and during storm tides. The high marsh is dominated by (salt meadow grass and spike grass). It is moderately productive, has some value for wildlife, and forms an important buffer between uplands and estuarine waters. Coastal Shoals, Bars and Mudflats (S~ - these include areas that are exposed at low tide and are not covered with rooted vegetation. However, this zone may merge with normally flooded, shallow waters which support widgeon grass and/or eel grass. I 47 j Inshore Waters (Littoral Zone - LZ) -consists of shallow bay bottoms, ! less than twelve feet in depth at mean low water. These areas support eel and widgeon grasses and are highly productive and of great value to waterfowl. Inshore fisheries are largely dependent on the littoral zone, and it provides the finest shellfishing. Formerly Connected Tidal Wetlands (FC) - are wetlands which have been partially shut off from normal tidal flows or are in the process of being shut off. The original marine plant community still dominates, although the zone may be lightly infilitrated with the common reed. These areas remain a part of the marine food web. On Fishers Island, the primary marsh areas are located near Hay Harbor and West Harbor, particularly in the peninsula areas where both intertidal and high marsh or salt meadow areas can be found. The harbor areas themselves are classified as littoral zones...Some intertidal marsh is also located along Barleyfield Cove, Chocomont Cove, East Harbor and Beach Pond There are also two sections of formerly connected tidal wetlands on Fishers Island, the larger one north of Barlow Pond and the smaller one near East Harbor. Coastal shoals, bars and mudflats are found in the coastal waters surrounding most portions of the Island. The largest exception to this is the area on both sides of the Ferry dock on the western portion of Fishers Island. The natural resources map deliniates tidal wetlands identified by the NYSDEC. c. Freshwater Wetlands* Freshwater wetlands...perform a variety of ecological roles; (they) are a major factor in flood control, acting as a storage basin and reducing flood crests and erosive capacities,...are vital to the hydrologic cycle in that they help to recharge groundwater, and also act as natural pollution control systems by filtering out many potentially harmful materials. Freshwater wetlands are also an important component of food webs, and they support a diversity of plants and animals. Freshwater wetlands which encompass at least 12.4 acres are state-designated wetlands, and are currently subject to regulation by the NYSDEC (see Regulation section). The State definition of a freshwater wetland is based on vegetation, with various species of trees, shrubs, emergent vegetation, floating vegetation, etc. considered wetland indicators. (Appendix C includes the NYSDEC definition of freshwater wetlands (Article 24), which specifies the varieties of plants that may be found.) (The NYSDEC has identified the freshwater wetlands greater than 12.4 acres on Fishers Island as:) - three interconnected areas south of Peninsula Road and west of Isabella Beach (Wilderness Point); L - areas within and in proximity to Barlow Pond, Middle Farms Pond and Treasure Pond; 1 - an area on the eastern end of the Island near southern portions of the golf course. *Excerpts from the Master Plan Update, Background Studies, Town of Southold, 1984, by Raymond, Parish, Pine & Weiner, Inc., except where noted in parentheses. 48 d. Upland Vegetation* fishers Island is covered primarily with young deciduous forest, grassy meadows and substantial areas of cultivated grass lawn. The Island was nearly clear-cut for grazing in the late 19th century, but in recent decades many areas have been allowed to undergo reforestation. The prominent tree and shrub species are Norway Maple, Red Maple, Black Locust, Yellow Birch, Black Oak, Sour Gum, Black Cherry, Sumac, Sassafras, Bayberry, Autumn Olive, Sycamore Maple, American Beech and White Oak In some areas, vines, primarily Bittersweet, have grown up through the forested areas.... The Island supports comparatively few coniferous species, of which very few or none appear to be native to the Island. The con ifers...include several imported ornamentals, hemlocks, several Norway Spruce, red cedars and pitch pines . Throughout the forested areas and fields are...many types of herbaceous vegetation, including numerous ferns, Burdock, Coltsfoot, Jewel Weed, Queen Anne's Lace, Black-eyed Susan, Rabbit's Foot Clover, and Wild Rose. There are several meadows containing primarily species such as Bluestem, Little Bluestem, Switchgrass, Timothy, Red Top, Orchard Grass Indian Grass and Cord Grass (Refer to Hammer, Plants of Fishers Island (1940) and St. John, Additions to the flora of Fishers Island 1941 for more detailed listings.)) Cultivated lawns comprise a significant portion of the Island, including two golf courses, a golf driving range and many public and private lawns. L I- *Excerpt from AR Lombardi Associates, Wastewater Facilities Plan, 1981. (Scientific names have been deleted.) I ' 49 ~r' r- i,._. r'-r L..1,.. ,...L.r rw.L w+Nw r.rrr .ww, Ir+wy r,R.~y W"'.'~ ~ UPLRNO SeLT McRSn INTERTIWL ZONE INTER- LOMG ~ / \ ~ 4 ~ O~RRIER EEftd TNML ISLYID ZOMC $OIMD / ~ ~ r (RODDLeNDS ~ \ 1 SN111! UPLeIq Nwrv uePSn LOR WDEL~T pDN[! E[e01 I„ l ~ i l ~E `I ~ ~ 1 TNGtET BDIbCR YePSN 1 1 II ~,..T.,.:r `II ,,,r ; ~ N®.'~l v ~ Nllt - 1,~ wu sMT rl.OOr ML. arse m ~ s1d~ tsar / wo wss aY YYSS RMI <YN \ NO1tfIwT L Yr1s» \ \ \n\ YIPT ~ P 1 yy \I ~ Mm L POOI[T ~ t • I,r_}VfI/yr ~ ~ v:o cnus sn.l ~l I LI ~ M.C. \9811 I~Mrl ullf I Ili wSS ~ a I • .I,IIdaR.~. 1' Y,,. i \ - IqI TIpC ~..,1 _ ,D. ,pL ~ GIeCIGL fF1aI Y[~I YWINE SEDIMENTS $eND Figure 11 • COASTAL PLANT COMMUNITY CROSS SECTION Source: Connecticut Ue~~artment of Environmental Protection, Lonq Island Sound: An Atlas of Natural Resources. 3. WILDLIFE r The different natural environments on Fishers Island support a variety of '!1 wildlife. The most common mammals on the Island are the eastern cottontail and the raccoon, both of which are found in a variety of habitats, including woods, wetlands and dunes. Gray squirrels are common and found mostly in woodland areas. Other mammals include white-footed mice, bats and muskrat. The most common freshwater fish in the Island's ponds are bullheads, perch and bass. The numerous saltwater fish and shellfish species include flounder, blackfish, butterfish, lobsters, clams and crabs. The rich variety of birdlife on Fishers Island includes nesting and migrating species of shorebirds, wading birds, raptors, waterfowl and perching birds (Table 12 lists locations which support birdlife). Late spring and summer breeding birds include yellow-crowned and black-crowned night herons, great and snowy egrets, osprey, virginia rails, gulls, common terns and piping plovers. + A great number and diversity of birds inhabit Fishers Island during the winter ]i months: loons, grebes, comorants, swans, mallards, black ducks, scoters, margansers, hawks, gulls and owls. A 1975 publication entitled Fishers Island Birds lists all species sited between 1970-75, as well as their distribution and frequency of occurance. The NYSDEC has compiled a list of wildlife in New York State that is endangered, threatened or of special concern. "Endangered" species are defined as those in danger of extirpation or extinction. The least tern, found on Fishers Island near Money Pond, is listed as an endangered species. The NYSDEC defines those species which are likely to become endangered within the forseeable future in New York as "threatened." Threatened species on Fishers island include the osprey, northern harrier, piping plover and common tern. The piping and least tern inhabit undisturbed rocky beaches on the eastern part of the Island; since there are few undisturbed beaches, only a few locations are suitable for their habitat. Only one piping plover was sited in 1984, and none have been seen since. The ospreys have eight active nests on the Island: the Navy Station, Oyster Pond, North Hill, Chocomont Hill and four locations on Middle Farms Pond. The osprey are considered threatened since their population within the United States declined significantly in the 1950's, due to toxic chemicals ingested from agricultural runoff and municipal wastes. The NYSDEC's category of."special concern" species include those which are not yet endangered or threatened but documented concern exists. Species of special concern on Fishers Island are the spotted salamander, the migratory short-eared owl and common night hawk. The NYSDEC considers the nesting colonies of the common tern, herring gull, i least tern and great black backed gull as significant wildlife habitats. } Table 12 indicates specific locations of these nesting colonies on Fishers Island. ~ 51 e Table 12 WILDLIFE HABITATS 1. RACE POINT POND - migrating shore birds, nesting birds in nearby thickets, migrating hawks (fall), ducks, striped bass and bluefish fishing spot 2. SOUTH BEACH - nesting oyster catchers, migrating shore birds, water ducks (golden eye, merganser, wigeon), spotted salamanders 3. THEATER POND - egrets, nesting mallards, nesting Virginia rails 4. SOUTH BEACH POND - ducks, rails, swans, herons 5. STONEY BEACH - nesting common terns, oyster catcher nests, herring gull nests, black backed gulls 6. EQUESTRIAN AVENUE MARSH - herons, barred owls, ducks 7. MUSEUM POND - green herons, black-crowned night herons, migrating warblers 8. HAY HARBOR PONDS - ducks, herons, rails 9. WESTERN CRESCENT AVENUE WETLAND - herons, winter ducks, osprey nest 10. NORTH HILL PONDS - green winged teals, mallards, black ducks, swans, gadwalls, egrets, migrating shorebirds 11. CRESCENT AVENUE PONDS -ducks, herons, geese, swans 12. VALENTINE POND - goldfish, black-crowned night herons, nesting green herons, mallard breeding area, migrating warblers 13. NAVY POND - rails, migrating ducks, osprey nest 14. WILDERNESS POINT (maple swamp) - rails, ducks, herons, striped bass and bluefish fishing spot 15. PENINSULA MARSHES - seaside astors, fiddler crabs, ribbed mussels, herons, winter ducks in Darby's Cove, swan nesting site on Goose Island 16. BRICKYARD WOODS - migrating warblers, tanagers, nesting wood thrushes, veeries, red-tailed hawks, spotted salamanders 17. TIDAL MARSH NEAR BRICKYARD WOODS - shallow pools used by herons and egrets 18. BARLOW POND MARSH - heron rookery L L 52 r 19. ISLAND POND - goose nesting area, popular winter birding spot, osprey nest 20. BEACH POND AREA - nesting oyster catchers, nesting least terns and piping plovers, migrating shorebirds and hawks 21. MIDDLE FARMS PDND AREA - nesting and feeding ospreys 22. MAPLE SWAMP - migrating warblers, redstarts nest 23. CHDCOMOUNT MARSH - nesting barred owls 24. NATURE CONSERVANCY PARCEL -green-winged teals, black ducks, mallards, egrets, loons 25. HUNGRY POINT ISLANDS - nesting double-crested cormorants, harbor seals y (during winter) 3# 26. BARLEYFIELD COVE AREA - black ducks, swans, geese, herons, green-winged teals, blue-winged teals, gadwalls, wigeons, buffleheads (winter), hooded mergansers, migrating shorebirds, migrating warblers, red- tailed hawk nest, popular fishing area 27. GDLF COURSE NEAR WRECK ISLAND - ducks, swans, geese 28. ICE POND, MUD POND AND MONEY POND AREA - nesting osprey, nesting oyster catchers, migrating shorebirds, migrating warblers, green-winged teals, blue-winged teals, black ducks, nesting willow flycatchers, least terns, nesting geese and swans, killdeer i_. 53 ~ ~ • ~ • 4. ENVIRONMENTAL REGULATIONS a. Tidal Wetlands Use of tidal wetlands is regulated by the New York Environmental Conservation Law (NYCRR Part 661). The purpose of the law is to: allow only those uses of tidal wetlands and areas adjacent thereto that are compatible with the preservation, protection and enhancement of the present and potential values of tidal wetlands, that will protect the public health and welfare and that will be consistent with the reasonable economic and social development of the state. (Section 661.1) Appendix B (Section 661.5 of the Law) specifies which uses require permits within each tidal wetland classification. The following summarizes the types of development restrictions within and adjacent to tidal wetlands. (Adjacent areas are within 300 feet landward of the wetland or mean high water line, or: up to a 10 foot elevation, to the top of the adjacent bluff or cliff, or up to the nearest parallel road or bulkhead.): - Minimum setback of 75 feet from the landward edge of a wetland for all buildings and structures in excess of 100 square feet and impervious surfaces (roads) in excess of 500 square feet; - Minimum setback of 100 feet for any on-site sewage disposal and minimum of 2 feet between the bottom of such poo 1, tank, field or pit and the seasonal high groundwater level; - Not more than 20Y of an area adjacent to a wetland can be covered by impervious surfaces. A public hearing may take place to review the permit application. The NYSDEC will issue a permit for a proposed regulated activity only if it is determined . that it is compatible with the policy of the Act to preserve and protect tidal wetlands. The Tidal Wetlands Act allows a reduction in property tax valuation if a land use is restricted due to a tidal wetland designation. b. Freshwater Wetlands C Under freshwater wetlands regulations (Article 24 of the Environmental Conservation Law), the following activities are subject to regulation if within 100 feet of a State designated wetland (at least 12.4 acres in size): - drainage, dredging, excavation or removal of material - any form of dumping, filling or depositing - erecting any structures, roads, the drilling of pilings, or placing any other obstructions - any form of pollution The NYSDEC presented their preliminary freshwater wetlands maps to the Town of L 54 Southold and public at a hearing in the summer of 1984. The NYSDEC encouraged localities to identify those freshwater wetlands under 12.4 acres which have unusual local importance, and to present a petition to the State to include these on the wetlands maps. A petition has been presented to the NYSDEC to include a few small wetlands on Fishers Island. The natural resources map prepared for this study identifies many small wetlands in addition to those regulated by the state. Since these smaller wetlands provide significant ecological benefits to the Island, they receive the same protection accorded to larger wetlands under the Environmental Conservation Law. Due to limited staff, the NYSDEC has been unable to fieldcheck all those wetlands recommended for inclusion on the NYSDEC map, however, the NYSDEC anticipates that the maps will be finalized in Fall 1987. Before these final maps are adopted, the NYSDEC can still regulate the proposed wetlands designations. The final maps will formally classify all of Fishers Island's designated freshwater wetlands (Classes I-IV); the classifications will determine the standards which must be met for permit issuance. The Town of Southold adopted a wetlands protection ordinance in 1978 (Chapter 97, Code of Town of Southold) in accordance with NYSDEC's freshwater and tidal wetlands laws. Although not as specific as the State laws, this ordinance requires a permit for activities on any tidal wetland or State identified freshwater wetland. In granting, denying or limiting any permit, the Southold Town Board considers the proposed activity in reference to: - minimizing damage from erosion, turbidity or siltation - saltwater intrusion - loss of aquatic wildlife and vegetation - minimizing flood, hurricane and storm dangers - the protection of wetlands for conservation, economic, aesthetic, recreational and other public uses and values. The natural resources maps show those wetlands currently regulated by the NYSDEC and the Town. c. Flood Hazard Areas The National flood Insurance Program (NFIP) publishes Flood Insurance Rate Maps (FIRM) which indicate flood elevations and flood hazard zones for insurance rating and floodplain management purposes. The FIRM maps for Fishers Island were revised on October 1, 1983 to incorporate the boundaries of coastal barriers as mandated under the Coastal Barrier Resources Act of _ 1982. ' The Town of Southold has a floodplain management ordinance which meets the minimum standards set forth by the Federal Emergency Management Agency (Chapter 46, Code of Town of Southold, 1980). As a member of the NFIP, Southold also requires permits to be obtained for all proposed construction within the 100-year floodplain, to minimize flood damage. In return for providing a floodplain management program, the federal government makes flood insurance available. i L ~ 55 • • • • Southold's floodplain ordinance does not prohibit construction within the floodplain, although specific standards for construction are required to obtain a development permit from the Building Department. The Zoning Board of Appeals decides on applications for variances from these requirements. The regulated coastal zones maps for Fishers Island (Figures 12, 13, and 14) delineate the 100-year floodplain boundary, which extends to an elevation of 10 feet. A 14-acre area landward of South Beach and the land between Island Pond and Beach Pond is designated by the NFIP as an undeveloped coastal barrier where flood insurance is not available after October 1, 1983 for newly built or improved structures. Coastal barrier resource areas are determined to be hazardous areas where the risk associated with new private development should be borne by the private sector. The floodplain boundary on fishers Island's West End is often within 50 feet of the shoreline. There are several locations, however, where the 10 foot elevation extends much further inland. These areas are: - The Fort Wright area, including Elizabeth Airport, South Beach, and Theatre Pond, extending inland up to 1,400 feet. - The built up area west of Silver. Eel Pond Harbor, including the buildings owned by the Ferry District and the multiple use storage buildings. - Stoney beach, which forms the northwest border of Hay Harbor. - The tidal wetland areas south, north and northwest of North Hill. - The marsh area north of Madeline Avenue. - The Yacht Club. - The elbow, neck and northeast portion of the Peninsula (several existing houses are in the area). - The large wetland area at Wilderness Point. - Island Pond and Beach Pond vicinity - Pond and coastal area east of West Harbor - Ponds near Cocomount Beach - Golf course between East Harbor and South Beach t - Barleyfield Cove Pond tL - Ice, Mud and Money Pond vicinity - Pond east of East Harbor and wetland east of Club House With the exception of the area near Silver Eel Pond Harbor, the Yacht Club and the Peninsula, there are not many structures within the floodplain, however, many houses are bordering the floodplain boundary. 56 d. Coastal Erosion Hazard Areas The Coastal Erosion Hazard Areas Act, Article 34 of the Environmental Conservation Law, was enacted in 1981 as part of a comprehensive coastal management legislative package. As mandated by this Act, the NYSDEC has identified and mapped coastal erosion hazard areas (on 1" = 200' aerial photos), and regulations for development in these areas have been adopted (March 1983, NYCRR Part 505). The NYSDEC has made amendments to these preliminary maps and regulations, which are expected to be adopted in the summer of 1987. After the maps and regulations have been finalized, each town will have the opportunity to adopt a local erosion management ordinance to implement the policies. If the local government or county decides against regulating erosion hazard areas, the NYSDEC will take this responsibility. Coastal erosion areas, as mapped by the State, are reflected on the regulated coastal zones maps (Figures 12,.13, and 14). Erosion hazard areas are defined as shorelands having "an average annual recession rate of 1 foot or more per year" (structural hazard areas) and natural protective features such as beaches, bluffs, dunes, or wetlands. Erosion area permits are needed for regulated activities specified in the Act. These regulated activities are the "construction or placement of a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling, or other distrubance of soil." Regulations vary for structural hazard areas and each type of natural protective feature. The coastal erosion area boundary typically extends about 50 feet inland, similar to the floodplain boundary, however, the coastal erosion boundary is closer to the shoreline in many areas, thus encompassing less land than the floodplain. There are only a few existing structures within this boundary. L 57 Figure 12 REGULATED COASTAL ZONES FL000 HAZARD AREA ~J' M . D COASTAL BARRIER ; l~ © GOA9TAL EROSION AREA ~ ~ 1 ~ ~ l~ • j,-• ~ 4 D FLOOD HAZPRO ANp ~ ~ V 7 COASTAL EROSION AREA ~ ~ F 1 ~ ~ ~ ~ ~,A 1 I~ ~ ~ F ~ ci @~ ) L C i'v' /l_ z ~ o ~ ~ 1 ~ ~ \ ~ 1 ~ ~ - ~ \ ~ o r E ~ ~ ~ ~ n i ~ . of C`~ e~.s~ war t~ ~~n ? ~ i 71 I ~ t ( ~ r.. . ~ ~ ~ x r ~ ~ , ~ Zr ~ o~ _ ~ a ~ ~ C ~ I. O r~ ..fi k y v ~ ~_~,,„x, r - k ~ .o„ ~.~Ux o,o .~~.w..s~.:._:s FISHERS ISLAND r-is~ NT WEST END _ IsJrn x~oF^ 58 Figure 13 I ~ S.Yf Af „~.,.A .o,,.A REGULA7E0 COASTAL ZONES Q FL000 HAZARD AREA !i ee - ~ COASTAL BARRIER ~ ~ ~ ~ l ~t ~ j~ J 1 Q GDASiAL EROSION AREA I a Sj _l ~ FLOOD HAZARD AND ~ ~ ~ ' v ~ ~ -^Ea i COASTAL EROSION AREA ~ O A-~ k ~ Fqy~ 1 I ~ _ ~ 4 ~ ~ ~ ~ ~ ` a„ ~ ~ . I Cj w L n < i r -i t~~ 7`~\ j d t:.~ ~ ~ . F ~ IV v Q ~~I~~ ~ O ~ ~ : ~ 'Y Ill~i~ ~7~ ha N/~~ AO r ~ v~ ' { ~"'<<~ .,1 r+ ~ r. r' A FAO o v / Qo ~ ~ X } sou c+ I ! ~T .v F ~ _ a - L~ . a- - ~ _ - _ i - ~ j I - FISHERS ISLAND ; EAST END 1 n~.~TNT I 59 i Figure 14 - :woo REGULATED - COASTAL ZONES D FLOOD HAZARD AREA S~pMO D COASTAL FARRIER D COASTAL EROSION AREA v©. ROOD HAZARp AND EPS COASTAL EROSON AREA ~~SA - ~y - ~ S i J Y ~ _ e .ti i - r >v_--- ~ . a., s. r ' ~ ~ " ) r a p, u b / , _ ' ~ T l Sf ..~a r ~ ~.i , ~a 'b S e et ' w - t, i „ol o\ ~~i ~ sioi" I I I i _ .:.w::a:~::~::;~s FISHERS ISLAND ~ ~ ~ ~ n~ NT ~ EAST END 2 i 60 . ~ ~ • ~ • 5. OPEN SPACE PRESERVATION Due to the continual growth that Fishers Island has experienced over the past twenty-five years, residents should identify and protect those elements of the natural environment that contribute to the Island's quality of life. Many of the Island's natural attributes--the waterfront, wildlife habitats, ponds, wetlands, watershed lands and scenic areas--are important components of the Island's ecological significance and unique character. As part of this study, many of the Island's natural resources have been identified and mapped. In addition, those areas where development is restricted, due to environmental regulations, are also delineated on a set of maps. These natural resources and regulated coastal zones maps, combined with the land use and ownership maps, have been used to analyze preservation opportunities. Based on this analysis, a final set of maps, not included in the report (but on file with the Civic Association) deliniate lands recommended for further protection. The preservation strategy maps show areas which are presently protected through conservation ownership or deed restrictions and areas where outright acquisition or use of easements by the [ local land trust could serve as a protection mechanism. The following sections give an overview of the alternative methods which can be used for preserving land. a. Environmental Regulations As discussed in the Environmental Regulation section, New York State has laws which restrict building activities near tidal and freshwater wetlands and in areas identified as coastal erosion zones. Permits must be obtained for any development activities in these areas. Development in floodplains is .not prohibited but must conform to specific building standards to lessen the impact of any potential flood. Areas within a floodplain's coastal barrier zone designation, however, as shown on the map, are not eligible for flood insurance, so any construction is unlikely in this zone. Privately owned property within a regulated area is not assured protection from development unless the land is periodically monitored and any violations C are reported to the New York State Department of Conservation and the Town of Southold (see Appendix D). The Fishers Island Museum Land Trust or Conservancy may want to take on the role of monitoring these lands subject to L regulation. In some cases, the Land Trust may want to provide additional protection to these regulations through acquisitions; i.e. the State's required setbacks may not provide adequate protection for some of the Island's important watershed lands and pristine wetlands. Also, in some instances, the regulations are not comprehensive enough, or do not include all resource lands which should be protected. b. Private Initiatives The Fishers Island Museum Land Trust can initiate an active land preservation program by using a myriad of tools available to 501(c)(3) charitable organizations. Conservation Easements--In many cases, where protection of a natural feature on only a portion of a property is necessary (particularly when a property is 61 ' • . • already built on) or protection of a scenic view is of primary importance, a private property owner can use a conservation easement as a preservation r technique. !I A conservation easement is a contract between a landowner and a nonprofit (such as the Museum Land Trust) or a public entity, whereby the owner agrees to place permanent restrictions on some or all of the subject property. The nature of the restrictions vary to suit the unique characteristics of the land and the purposes of the land trust and landowner. Some easements preclude all development and others allow limited development; the terms of the easement are worked out between the landowner and land trust. The easement is a legal deed restriction which runs with the land and can stay in force in perpetuity, binding all future owners of the land. The recipient of the easement has the responsibility of ensuring that the land remains in the condition prescribed by the easement. In the event of a violation, the terms of the easement agreement give the donee an absolute right to enforce the easement and require the landowner to restore the property to its original condition. Conservation easements can be more enforceable, comprehensive and effective than covenants. With an easement, there is third party organization (i.e. the Land Trust) whose sole purpose and responsibility is to enforce the restrictions. The courts also recognize conservation easements and will support a conservation organization's absolute right to enforcement. Finally, most easements are permanent and once granted cannot be abrogated without cause. Covenants can be lifted at any time by consent of the original owner. When a landowner donates an easement to a qualified organization, the IRS will consider this donation a charitable gift, provided that the easement is perpetual and donated "exclusively for conservation purposes". The landowner is entitled to federal and state income tax deductions equivalent to the appraised value of the forfeited development rights. Furthermore, the landowner may be entitled to estate and property tax deductions. However, if an easement is donated on property with no further development rights then L such a donation would not derive tax benefits. Easements are a useful preservation mechanism for lands with natural and scenic significance as well as lands with development constraints such as high groundwater, impermeable soils, and steep slopes which are subject to erosion. FIDCO can also use conservation easements on its properties which are important for open space preservation purposes; on those properties which FIDCO decides to sell, it can use easements instead of the existing covenants to restrict house sites to a specific area, thereby protecting public views, wetlands, wildlife habitats, etc. Also, landowners on the East End could convert their covenants to conservation easements to ensure permanent protection for their land. Donations and Bargain Sales--In some instances, the land trust may need to pursue outright fee acqusitions where preservation of the entire parcel is necessary to ensure permanent protection of important natural environments, particularly for those lands which could provide passive recreational opportunities. In some instances an outright donation may be possible, but in other cases, a bargain sale might be the best technique. L 62 ~ • i • A bargain sale is a less than fair market value transaction in which a landowner can deduct the difference between the appraised fair market value and the sale price to a 501(c)(3) organization as a charitable donation. For instance, if a 2-acre lot on the West End is appraised at $100,000 and the 1 landowner sells to the land trust for $60,000, then the landowner receives $60,000 in cash and $40,000 as a charitable deduction, which should substantially shelter capital gains taxes and any other ordinary income. In many instances, the combination of cash and tax benefits from a bargain sale will net the landowner the same after tax cash flow as that from a fair market value sale. 1f the two acres are important for open space, the Fishers Island Land Trust can set aside the land as a nature preserve. If only one acre is important, then the land trust can place a conservation easement on the area of concern and sell the remainder of the land (to recover its costs) for a housesite (restricted to a location which will protect the resources of concern). Summary--The primary mechanism through which the Land Trust should acquire land and easements is donations. There will be, however, key properties which will need to be purchased, so acquisition funding must be identified. Fundraising from Island residents would provide the most likely source of funding. To provide a constant source of acquisition funding, however, the Island might want to institute a special assessment district or a real estate transfer tax, similar to Nantucket. These techniques are discussed in more detail in the Growth Plan Committee recommendations. In summary, the open space preservation map recommendations provide a guideline for the Land Trust and FIDCO to target preservation opportunities and direct development to the most appropriate areas. Landowners have the option of working with the Land Trust and participating in this conservation strategy. Not only are the maps valuable in identifying Land Trust acquisition opportunities, but they can be used as guidance for appropriate siting of new houses, particularly for FIDCO, which reviews all proposed developments. With careful attention to future development, Fishers Island ¦ can maintain its significant natural and scenic resources. 63 V. CONCLUSION AND RECOMMENDATIONS r A. POPULATION i In the last 26 years, Fishers Island has witnessed continual growth due to the steadily increasing seasonal residential population (owners/renters and immediate family). The approximate seasonal population of 1,700, which comprises 87% of the total population, has increased by 77% since 1960. Assuming a constant increase in the rate of growth, Fishers Island could expect a 34% increase in the total resident population by 2010 (up to 2,608). There are currently no figures documenting the Island's total summer use, including houseguests, extended family, day visitors, and domestic help. Some residents estimate that on an August weekend, the population can double the estimated seasonal residential population. The ferry District's figures show a 79% increase in passenger use and 122% increase in vehicle use from 1974 to 1986. These figures, disproportionately higher than the increase in seasonal residential population, indicate a substantial growth in visitor use of the Island. Concurrent with this increase in seasonal and visitor population has been a precipitous 44% decline in the year-round population since 1960 (from 508 to 285). The Fishers Island School enrollment has also fallen; from 111 students 1 in 1972 to 47 in 1987, a 32% decline. The decline in year-round population is t most likely due to factors such as limited year-round job opportunities, lack of available and affordable housing and limited recreational opportunities during non-summer months. Based on the year-round population's rate of decline over the past seven years, year-round population could drop to as low as 198 by 2010. Such a decline and lack of labor force would have direct ramifications on both seasonal population and the remaining year-round population. B. HOUSING AND FUTURE DEVELOPMENT 122 new houses have been built since 1960, with a construction rate ranging from one to eight houses per year. In the past five years, an average of six houses have been built each year. New construction continues to be in the form of single-family residents. (Only 11% of the Island's housing units are within multi-family dwellings, and these are mostly duplexes.) The current housing market suggests that growth rates will increase. An indication of this trend is the dramatic 425% increase in unimproved land and 375% increase in improved land values between 1977 and 1987. These increases in value not only suggest increased demand but will also contribute to a severe shortage of affordable housing. Year-round residents may find it difficult to resist high purchase offers from seasonal residents and relocate on their sales proceeds, while new year-round residents may find it difficlt to enter the market. I Although there is an increased demand for existing housing, there are a significant number of privately owned vacant and legally buildable lots. In total, 46% of the Island's existing lots are vacant and potentially buildable (assuming there are no physical or regulatory building constraints). On the I i 64 • • ! • East End, there are a total of 251 privately-owned vacant lots; FIDCO also owns 61 lots which might eventually be sold. On the West End, there are about S 113 privately owned vacant lots. The availability of these vacant lots could !f change the type and pattern of growth that has occurred to date. One large parcel, if subdivided and developed, could easily encourage more growth due to the increased demand for commercial and other services. Based on the past five year growth rate (an average of six new houses per year) and assuming a constant increase in the number of houses built over the next 23 years; an additional 157 houses could be built by 2010. This additional housing would occupy 37% of the existing vacant lots. Eventually, if the 425 vacant lots were built on and 77 new lots created (based on maximum subdivision potential under proposed zoning) and built on, as many as 502 additional homes could be built. Continual increases in seasonal Island use will most likely accelerate future growth on the Island. Houseguests, day visitors, and extended families alone may heighten the future demand for new houses. Immediate family of current homeowners, many of whom have their own families, may also increase the market for new homes. Finally, additional day visitors may create a new demand for commercial and recreational facilities, although presently day visitors are not numerous due to the limited facilities currently available to them. C. INFRASTRUCTURE The Island's infrastructure capacity has either absorbed the increasing growth or certain services have recently been or are in the process of being upgraded to accommodate current and projected population growth (the Fort Wright sewer system, the phone system, the ferry and the solid waste disposal system). 1 Those infrastructure systems which have recently been or will be expanded should be able to accommodate future projected housing and population growth, however, the electric and telephone system will need expansion and the water supply system (treatment plant and distribution mains) will need improvements. D. ENVIRONMENT Although 122 new houses have been built within the last 26 years, Fishers Island's physical appearance has not substantially changed, and most of the existing wetlands and natural resources have remained intact. Although the Island has the physical capacity to absorb increased development, the current aesthetics and natural resources of the Island contribute to a quality of life that will be difficult, if not impossible, to maintain with a much denser population. FIDCO has taken a cautious approach to development by protection and enforcement of Olmstead's original land plan for the East End. FIDCO tries to maintain the integrity of the natural setting by regulating land sales, implementing deed restrictions and enforcing site and design review. The location, density, and type of future development on Fishers Island, particularly on the West End, is guided by the Town of Southold Master Plan and enforced by the zoning ordinance (which must be in conformance with the Master Plan). The proposed zoning ordinance's increase in minimum lot sizes, however, will not change the status of Fishers Island's existing 913 lots. Once subdivision approval has been granted, property owners have the legal right to build on their lots regardless of zoning changes. 65 ' 1 ~ • ~ • Many of fishers Island's significant natural resources are protected through the regulatory process, since New York State has laws which restrict building activities near tidal and freshwater wetlands and in areas identified as coastal erosion zones. In most instances, however, these laws are not enforced and they also may not adequately protect sensitive natural environments. The absence of an educated and unified constituency on Fishers Island contributes to this lack of enforcement (partly due to the population's seasonal presence). Furthermore, the state agencies are not adequately ` staffed or funded to monitor regulated areas and enforce their restrictions. !1 To assure permanent protection for lands subject to regulatory restrictions, as well as those without regulatory protection, the Fishers Island Museum Land Trust, the Fishers Island Conservancy and FIDCO should assume an active role in educating landowners about land protection strategies, as well as implement their own preservation programs. E. RECOMMENDATIONS #1 1. FISHERS ISLAND GROWTH COMMITTEE Fishers Island needs to respond to the continuing decline in year-round resident population and the steady growth in seasonal population. As possible solutions to this problem are outside the scope of the Trust for Public Land's (TPL) services, (TPL specializes in land acquisition, open space preservation and environmentally sensitive development), we recommend that residents respond to and encourage implementation of The Fishers Island Growth Committee's recommendations. The Growth Committee, sponsored by the Fishers Island Civic Association and chaired by Frank Burr, is a committee of 31 which represents diverse Island interests. The committee's mandate is to study future growth in context with the Island's natural resources and quality of life, and particularly the social, economic and cultural needs of the local population. The Committee will then make recommendations to guide growth in a comprehensive and productive manner. 2. NOT-FOR-PROFIT HOUSING CORPORATION The astounding appreciation in improved and unimproved property points to the presence of an affordable housing problem. In response, TPL recommends the formation of a 601(c)(3) not-for-profit intermediary housing corporation to address this situation. The corporation could buy land and build housing or purchase existing houses to then lease or sell to year-round residents at affordable rates. We recommended such a corporation in our 1984 report, and recent data only re-empha$izes the need for some response to the shortage of affordable housing. 3. FISHERS ISLAND CONSERVATION COMMITTEE Fishers Island, geographically and politically isolated from Southold and the State of New York, lacks adequate political representation and an organized Island constituency. To strengthen the Island's visibility and address specific Island concerns, an Island Conservation Committee should be established. This committee could be comprised of three to five members representing the Island's diverse interests (e.g. Conservancy, FIOCO, Civic f 66 Association, and year-round population) and could lobby for better environmental protection (enforcement of regulations) and more thorough planning and zoning reviews, etc. Past relations with Southold demonstrate that the Town will respond positively to the Island's needs. For instance, by providing specific land use recommendations for the Southold Master Plan, the Civic Association was able to see its proposals adopted in the 1985 Master Plan. Furthermore, the Civic Association and the Fort Wright Preservation Committee were able to not only r ensure 10-acre zoning for the Fort Wright and Naval property, but were also 1! effective at having the Town make an amendment to its policies regarding the sale of Town land in Fishers Island. Under this amendment, the Town must secure approval from residents, property owners and Ferry District Commissioners before sale of its land. 4. SITE DEVELOPMENT GUIDELINES As recommended in the 1984 report, Fishers Island should work with the Town of Southold to institute siting and design guidelines for new buildings on the West End. FIDCO's guidelines for site and design review could be used as a prototype. Although controversial and difficult to implement, under New York Town law, town boards may authorize the planning board to review site plans according to regulations set forth relating to access, screening, signs, parking, landscaping, architectural features and location and dimension of buildings. Given the number of undeveloped and buildable lots (425) and the subdivision potential for an additional 77 lots on the Island, growth is inevitable and should be evaluated with an eye to its visual and environmental impact. In 1978, Nantucket published and began to implement detailed guidelines for protecting its historic architecture and island landscape; these guidelines could serve as a model for Fishers Island. 5. PRIVATE LAND PRESERVATION INITIATIVES In addition to the need for Fishers Island to strengthen its political lobby and participation in the regulatory process, the Island should approach preservation through the private sector. Environmental regulations alone will not protect the present and future environment of Fishers Island. To supplement the regulatory process, the Island should institute private initiatives to direct and control future growth on the remaining 425 undeveloped lots. Growth will and must occur, but it should be guided in an environmentally sensitive and comprehensive fashion. The following outlines the different means by which preservation efforts can occur: a. Fishers Island Museum Land Trust Using TPL's natural resources and land protection strategy maps, the L Land Trust should launch a more active voluntary land preservation program. To do this, the Land Trust should meet with landowners to explore land preservation options which address the landowners' financial needs and conservation goals of the Island. Using such tools as conservation easements, bargain sales, lot mergers and environmentally sound development, the Land Trust can insure permanent ~ preservation and meet the needs of each landowner. There are numerous 67 case studies of land trusts which have successfully preserved important natural areas as large as an entire river valley. b. FIDCO After evaluating TPL's natural resources and land protection strategy maps, FIDCO should determine appropriate future land sales and withhold some parcels from the market or place conservation restrictions on those it does sell. FIDCO should also protect its own environmentally significant land which it does not intend to sell (the golf course and watershed parcels) through. the use of conservation easements. FIDCO is taking steps toward this by having the Town and County formally adopt the Olmstead Plan. Private East End landowners should also use permanent conservation easements as opposed to 20-year covenants to protect their properties' important natural features. c. Civic Association and Conservancy The Civic Association and Conservancy should assist the Town of Southold in lobbying for a 2% transfer tax on all real estate transactions; the proceeds could be made available to a nonprofit, like the Museum Land Trust, to purchase significant open space. Southold has unsuccessfully introduced a transfer tax bill in the state legislature for the past four years. In Nantucket, Massachusetts, since 1983, the transfer tax has enabled private and public organizations to purchase and protect over one third of the island's waterfront, dunes, wetland and other open spaces. This year, a portion of the transfer tax revenue will be used to purchase land for affordable housing. 6. INFRASTRUCTURE STUDIES The Civic Association should commission a cost-benefit analysis to determine the costs of specific infrastructure improvements versus the benefits of expansion. It should not be assumed that because the Island can physically accommodate hundreds of new homes that the infrastructure should automatically be expanded to meet this growth, regardless of cost. Many communities, after having conducted such an analysis, have decided that the costs of infrastructure improvements and expansions far outweigh the benefits and have instituted some type of growth control. Fishers Island should conduct such a study within the next few years. L 68 r~ ~ ~ r r r r r i i i VI APPENDICES I I i L L L _ 1 r- r- r-- ..mr: r.. rmmm~ 4~ """1 mmm>ml mmmm~ mrmry Table 13 ' FISHERS ISLAND - GENERAL SOIL CHARACTERISTICS (Source: Plaster Plan Update, ~;ackground Studies, derived from the 1975 Soil Survey of Suffolk County) So11 Mep Legend Soil Cheracteristlcs - Depth to Map Seasonal High Septic Pfeld ~Limltatlons Symbol Mapping Unit Name Hater Table Permeability Limitations for Nome Sites Bc Beaches at Surface NA Severe: high eater Severe: high eater ~ Bridgehampton„slit greater then Rapid Slight Slight loee, graded 3 ft. CpA Carver and Plymouth greater than Rapid Slight/poi lotion hazerd Slight Sends, 0-3i slopes 4 ft. CpC Carver and Plymouth greater than Rapid Slight to moderate: slopes/ Slight to moderate: Sands, 3-15 slopes 4 ft. poi lotion hazerd slopes 9 rn C ~ ~ CpE Carver and Plymouth greater than Rapid Severe: slopes/ pollution Severe: slope ~ Sends, 15-35! slopes 4 ft, hazerd a X Cub Cut and fill land, NA NA Slight Slight D sloping gently CuC Cut and fill land, NA NA Moderate: slopes Moderate: slopes sloping Du Dune land t4 ft. Noderete: rater table Variable rlth in 4 ft. of surface !n places Es F,scarpments NA Variable Variable Fs F111 land, sandy high Severe: high valet table Severe: high rater table Gp Gravel pi is Variable Rapid Variable Verle63e IIaB Iia van loam, 2-6a slopes greater than Rapid Slight/pollution hazard Slight/unsu iteble: 4 ft. high egriculturel value ~ r~ r~ i^.~' rr.. r..y rr~...~ .m.`r~ rrmr mrr ml~mr, r~mrt rrrr! rrmrl rm""") Soil Map LegenO Soil Cherecterlatlcs Depth to ~P Seasonal Hlqh Septic Pleld Limitations Symbol Meppinq Unlt Name Nater Table Perceeblllty Llmltations for Nome Sites Mf0 Montauk floe sandy loam, greater than S]ov-modere to Severe: moderately sloe Slight/unsulteble: 3-RR slopes Z ft. ,peneabllity egrlcvlturel value MfC Montauk floe sandy loam, greater than S1 or-moderate Severe: moderately slor Moderate: slopes 8-151 slopes Z ft. peneab111ty Mu Muck at Surface Slov Severe Severe PlA Plymouth loamy send, greater than Rapid Slight /poi lutlon hazard Slight 0-3t slopes 4 Et. P10 Plymouth loamy sand, greater than Rapid Slight/pollution hazard Slight 3-Bi slopes 4 ft. J P1C Plymouth loamy sand, greater than Rapid Moderate: slope Moderate: slope ~ 8-151 slopes 0 ft. RdA Riverhead Bendy loom, greater then Moderate-rapid Slight-moderate/may be Slight/high 0-3\ slopes 4 Et. polio lion hazard agricultural value Rd0 Riverhead sandy loam, greeter then Moderate-rap ld Slight-moderate/may be Sligbt/high 3-Rt slopes 4 ft. pollution hazard egrlcLlturel value RdC Riverhead sandy loaw, greater than Moderate-rapid Moderate: slope Moderate: slope 8-15i slopes 4 ft. Rhb Riverhead 6 Haven Bolls, greater than Rapid Slight Slight , graded, 0-Bt slopes 4 ft. Rr0 Riverhead very stony, greeter than Repld Slight/may be poi lutlon Slight sandy loam, 3-R! slopes 4 ft. hazard ReC Riverhead very stony, greater than Rapid Moderate: elopes/~ey be Moderate: slopes sandy loam, R-156 slopes 4 Et. pollution hazard RpE Riverhead and Plymouth greater than Rapid Severe: slopes Severe: slopes very boo lde ry soils, 9 ft. IS-35• slopes Tm Tidal marsh at Surface Severe: high voter Severe: high rater Figure 15 N It - F o o 0 I I! . --~>x.: B A ~ I 1 t i i L - ~ ~ I I ~ y y i41 4 9a ~R v I~~~ ~ Flt II w F `i W~ ~ V~~HaB Mr9 o ~ `r o 'ro a Q- o ,l+''csf RPE V li Mf N ..1. 4 I ...CPC RdC MfB 7• v _ _ u + } Mu u) f Mu T i o s FD w F I S E Rae' i° i ` i li RPE PIB - P 9d f00 PI ~ ~ Q T a ~c, PIC .G GJ~ ~ 'm PIA ~ °o 4~ ' * p O COB ~ ~t m N $ a ::`t' m u c v; - 7 r t ~ PIC. a ~ t '~O ¢ ~ ~ Y^ t.~ QE w Mu ReC: ~ CPC ).7 tp~ ~z. ?•@ a '°o xY :1 3 ° T 4~~ a w. .~`k Q.MIC T'~ RPEN'., n ' ~~M } t t~ ~ tae?, ? ' t~~,. ~ r I ° ya, _p~Ctil • a R°~ ` . yCUB \ ~ 1 y it I l .N s~.!` i Cu9 a.,ry ~ ~ ' ~ ~ RPE '"S'*Gtto ~jP- t ,!trO o ~ o !4,"~ a; + E v' • Cur; ~C } Stluer: v y ~ 8.> e ~ S :a' ~ ° 11 nv t as +..u` ~~Ekt Rb ~h• 'al+a gMn RYC CPA I y,°;. `PIB o s ^R .,LteQ..1 ~,e- as, bland t~, o ' `T~ ~ ~ PIB Il CF~ ~ S i Ma 4L . I o I w ~ Cu J` ~ •r~. ~ ~ C4E aw w4 u6 i af`~ ~ • CuB w l'Y,Y. . P t<, cti i) l= y_~.i i ~ 2550000 FEET' ttlLtt SOIL SERIES MAP -FISHERS ISLAND, WEST END 71 . ,:fi Figure 16 _ _ ~ SOIL SERIES MAP FISHERS ISLAND, EAST END I ~ i 'tu`: a 1] .,Ia . P. 'y F > _ e% -AMY W~°\if v:¢w it y ¢b• -~T;o - i ,,.,.;~.,ss~ h. $ .,o t'~ s• ~ °d a a ~Y I rx:r '~``'1~N.. b. ~ a E / ~ Z' ~.~?s. Wig. 11 _ - ~?.~..ay '1. ~p M i~0 \ .\5+~ 1 ..fir ~ ~ ~ ~ ae `-I~~ r v~ ~ ,i ~ ,`.`~y>, ~r ,a , ~ , f s° ~ m,~ x „~y~~ U t t'~ ~ f ~p ~ k _ ~ ' r ~ Y y 3 q_ T ~.kk`, ~A` ~ ~.;ih fit' +a, ~1,.. ° S~ 1 '!rte' ~ ,m: • . ~ ~ ooo «.I •ip~s 11 nw, ~.,a-1 mama, !1 I»~00~5 _ 000_I WOZ OWF_ l%pp OWS r 1 - F- Z E °~iW 1 h -Z5 M 72 The following, excerpted from the Soil Conservation Survey, is an explanation of the categories and ratings in Table 13. Depth to seasonal high water table - The shallowest depth is given at which the soil is saturated with water during frost-free periods. It is either a perched or other ground water table. Soil conditions immediately after heavy precipitation are not considered. Permeability - Permeability values are estimates of the range in rates that water moves .through the major soil horizons. These values are expressed in inches per hour. They are estimates based on soil texture, soil structure, porosity, permeability and infiltration tests, and drainage observation of the hydraulic conductivity of the soils. Sewage disposal fields - The ratings in Table 13 are for limitations of soils used as sites for adequately designed and installed onsite sewage effluent disposal systems...The possiblity of polluting nearby lakes, streams, or welts should be a major consideration in selecting a site. The most suitable soils are deep, well drained, nearly level or gently sloping, moderately to rapidly permeable, and almost free of stones...Soil charactistics considered in assigning these ratings are depth to seasonal high water table, permeability, slope, and surface stoniness. Homesites - These sites are for homes or for buildings of three stories or less...The limitations assigned in Table 13 are for buildings that have basements at least 5 feet below the original surface of the soil. Such soil limitations as depth of the seasonal high water table and stoniness are not so restrictive for buildings without basements as they are for buildings with basements. Sewage disposal, water supply, and access roads or dirveways are not considered in the ratings. The most suitable soils are well drained and nearly level or gently sloping. The main soil characteristics considered in assigning limitations for use as homesites are depth to seasonal high water table, slope, and surface stoniness. A rating of slight in Table 13 indicates that the soil has few or no limitations for a particular use or that any limitations that are present can be overcome at little cost. A rating of moderate indicates the limitation is harder to correct or that it is not possible in some areas to correct entirely. A rating of severe indicates that use of the soil is severely limited by some soil characteristics that is difficult to overcome or that the costs of overcoming the limitation are excessive. It does not mean that a soil cannot be used for the specific use, but points out the limitations that are encountered. Also, where extensive cuts and fills have been made, the remaining soil material has been so altered in some areas that the ratings given for the normal areas no longer apply. A single property of the soil does not affect all uses of the soils equally. An example of this is soil that has a seasonal high water table, which is severly limiting for sewage effluent disposal but which is only moderately limiting when the soil is used for lawns or golf fairways. The ratings...are for the dominant soil condition in a mapping unit; however, each mapping unit contains inclusions of. unlike soils. Because of these inclusions, it is necessary to make onsite investigations for final L determinations concerning the use of any specific small tract of land... ~ 73 t a a ~ Appendix B TIDAL WETLANDS PERMIT REQUIREMENTS BPI.s AtlLNEV IAiION:i Aem tot.: n-, rrna Uaa Ca tc eer lc• FTI Ceu bL frm:h 4arsh APN Uaaa Nut gaqulrl n.; a Pcrml[ o[ Notlllu tlon (F tier Appre•ral M In[c•r[tdal aa[xh CM Ccne ro lly iun:put lh le Uaa -Noe 1[lwtlon Wt[er Required SN Cuuwl Shw la, Burs and flab LCP Le ncully (snipe elhle Uaa - Pesmlt Required [Z LL[tetal ?unc PIp Pn aumpt Lvc ly La.m:patlb to Uu - Pu[mlc Requliod NN X16h R'rsh or Sal[ >IC adw I :ncompa Ubl: LYo M • Ad)ucent .\rea P Pe nnit Required - NA - No[ Aep ilea ale Vaea Area and Ilse Caceeo rlo~ ET1. IM. IM S~12 M 1. Iha eancimm~ce a! lavfullY existing uses (Lne lid LnS but .nut limited to [ea Wen tie 1, eoeam re la 1, indyatria 1, agr lcultuu 1, recreaclnna 1, and public uses) std IUta eon cinu• once of all actly tt les twsty lly and dlrw fly as antis ud ulth my such uaa, uha[e such eon[:nuancc duos not town ive rrnam inn nr sirnif lea nt ul,ton n n NPN NPN NPN I. Activities o[ ehn depar[mene of ircalch or of mA Ca of local gu c<rtumnt v1N respect to ouCl is health, vrun cond uc (ed fn con [ormnnee vi [h ace nun 25-0.01 of the Ae t. NPN NPN NPN Ac tlv it iex out lea to the rev rev jutted u[ion of Cho public ac nice curate alon of Ne atau board on eLec ec:c Rencrati on sL[ing and the anvtrotvmnc radar arele L sawn or 7¦¦ artie la aig!m aE Na public service law, rea pect ive Ly. life at+tdarda std Yeatrlet ions of this Parc vi1L D¢ applied by as id bed iaa in datomining uhf Cher [o Suue a <artiEl- ea« of env trw:man Cal comma [ability raid public need under each ar ttcln. NPN NPN NPN 4, ga bbliah Lng saenie, hla torte, si ld liCa and ae tennfit Pre se rv n, virhout any Ncerial •I[e ra cion of tht arcs involved. NPN NPN NPN 5, goating, hikinS, sv inavin&. ca.q m, Dicn is king and oNac aim it xr non-motor lied teams of outdoor act iv:c\. NPN NT.( IPPN b. Depositing or re.mvtag the natural produe to of a tidal ve Hand (or ad pcenc seta) in the process of rec re ttlonal or coraercial fie him, she llf ash ing, aluaculcure, hunting or ' trapp let, includ inc the erection and maf ntenance of temnpnry Ades or bl ird s. NPN NPN NPN 7. Conducting educe tiaml and eesearch a<ctvictea not involving a ry natrrral al b[atlon of the area im~o ive NYN NPN NP9 8. E.a tab!lsh :rt va: acs era: is without material alters uon of the area involved. NPN \FV FP? 9. Establ !z hi•+c old :[rocs. GCn CM NPN J 10. Escanl cs a.nR rec -ea uonal moor :ezs. NPN SPN NPN ll. Opera uon of rantx vehicles, tnclud ing Eut not limited to ai[ aaau and other all•bibin vhislea, for educe clonal or aciencifis refeareh purposes (Prv•Wad [hie item shall not Snc lode peers [ten of aircraft or sec ha nice llv or poe lied vesael_ other than air boats). GLT GCn NPN 12. Open cicn of mat at vshlc lea, ant lutl ing but not lira lead to al: ow is and echoi as-brb in vehtc iaa, foe other than aauuaonal or sc iencifle purposes (provided N1a item atoll t~ not Include the ode c! alrcra8 or me chanfea llv propelled vesa 4n ocher than air boo to PIp C~ NTN 13. Ove ra non eC a: craft cr me<haa wally propelled vezse is oNei :hen air boe b. NPN RPN NPN lA. Cora tt uc flog or: open pile ca tvala ad, or dock net grew bt ciaa fo uc Eeet Sn u:d th tar env orinclpal ~~:i ld in a. GCn GCn CCn 15. Construe nog epee pile ca wall and docks mote coon [our feat Lo mtdN; or cons trot ctng sob than one open pile ca wall std/or dock not gtu car than foot feet in vWth for any orinciwl botld it g. PIp CCp CCn 16. Ins [silt^¢ a floe tiro decals) Coca ilin¢ less than 200 square ft e[ In area. GClt NW NPS 17 S [ L1 ~1~ d ( ) - ' P 'GO r f ec cr mcrt in eras. PI GCn CLh lg. Re loo non and; or rear:angemen: of floating docks, open pi la do eks, and alma let strut fora within an ea tablished mar Stta or boat basin uhare fueh ac civ lttu involve no disturbance eC a nisi mclaad ether than rempvinR and reloeanne anchors or pilln¢a. PIP NPN NPN 19 Co scr ^r•t s l'd F11 d cks. PIp PIo GCn 20. Pernanenc or aeaaonal moorin& nt any weasel or strut care to ba awed u a single family duelling, multiple lamily duelling, eommarc lal use building, industrial uga building er public or sem!-oub lie but Ld inr. PID GCO .Lb ~~21. Ordinary ma in cenance and reyau (not tow lying axpans ion of wba canuQ rea to cation, iaeons true tlon or mod Licatien) of ex is [ing font [tonal atruetuiu, fat ilitiea ee improved areas, tnclud irg but not limited co bridges, roads, hlShvaya, railroad beds, bulkheads, docks, beaches, pieta, wharves, pilings, dolphins, buildings, laM aa:apad oc paved a:ua, - ' laws, and agricultural and mocq ui to control ditches. Including for axaryle, nplae- fng broken boards in docks, repainting sir ue [urea, rsdrlving piling a, ru urf ae ing paved aieu Sm cal"n eM removin¢ lxful strut [ores on a seas coal bas ta. NPN NPN NPN 22. In-kind and in-place wDS+cement of axu tang fune nonal bulkheads and afmtlar atrectutee. NPN ARN NPN 2JyRnucine bra k re red ln> and cle antnz. both above and be loo r. wan hiph ester nark. PIp .:PN NPN 24, Saba iaa tial rea coutinn or reconscruc Ciao, of ex is CinR funetlonal strueC~Cas or facllt- tlea of any kin:, Rzcepc for th oa4 cave red by teems 22 and 26, (provided, where the in- atalLtton of anew acruc[ure car fat ili[y to listed in chL aubd lv is inn a CCn or NPN Eor a particular type of area, the :uba b~efal to toraclon o[ reeona traction of such • attuc- evb oc fat tl try on chat area shall be creatM in the same manner a [he Sns ca llauon of h true cure or fact l' n•1 CCp OCp GCn 15. Espana :an or rues won al maliEica [ion of ex LS Cing [unc notwl (sell tc tea and acructutes, except fo[ ehoee actiom eovervd by Sttms 26, d3, 74 of J8 (prow lded where the Insblla- [lon of a new acruccure or fat tl ity is lifted In this aubd iv is ion as fiPN, GCn or CGp, the ezpona ion or subs wncial nod if teat ton of such a structure or [ac illcy aha 11 he [rea e:d u: the 'a=c m.mm-r in C,u areal PIp GCn GCT 2~. Eubs tams al rc.trratvm, rec o:rocn.c c.pn, mud ai teat wn oc exp:.nx ton of es is t!n4 Euneeion- ( _ al rea idrn[lal .en¢tures ~b icb are .:nd viLl cont~nne to be 1<c atcr ]5 feet or once (oe 30 Icr[ .a Lir4 :'av: ire+~ CL• Lnro D.a nl ed~y: env (nisi wells n.l. !IA N.\ NPa - ~71 rtcl ~ r e. P[n P';r PIp N r In CCn f~ln fl'~ !7 t ^r .r In,l .l .I+ .•n tl -r elnn•linr s:'.n lV'a ln: +trut [ores. YIP fco G'. I r\p I Ip cfr rln n , lac 1 L I : [ it \ it l to,l d: t Lin tw ] u l t- al . uct[I t dru ~ I ht Lu [`m ln•r than :u,ntult i al t ly`~., PIp :l+ f.Cr 74 ' a 661,7 LLa rn Area and Use Ca [uaorlcs EH. Th. Ip1 7lI,_LZ aA 77. Cultiva Ung aM hm wee Gins naturally ~ee~e~ ing agr leultunl old tort leultuul produe b, other t!u+n ae t:vi[.es eovo red by :Gems J6 uvl .7 be Irv. NPN t NPN VPN J6. llama! h.v vca sn,t as gal[ h:w, NPN NA NA J7. Ilu rresum: rl .u lc haw by mechan teal e¢uiomene. CCn NA NA JB, guba Wnt ul mud it isanon of agr uulcural d:tw es lav[ully ex is cii6 on [he of ECC tlve date of rh t.a part, CCD COb CGIs J9. Vrv airs vlcaol as[wieies nnc eovr red Dv ttrms JS Jd. PIp PID GCn 40. Connection os elec c[le, bas. sever, voter, cu leDhone or other uti .ltiea [ram m ax fisting dls [ribs eon ucili cv f.m iliCV to an ex iscina structure. ~ CCn CCn 11PN 41. Inc calla[ion of uns+rground cleccr ic, sever, vacer or otlur util.t ies where ouch inscall- attgn will Involve recto [a clop of azis [ing ground elevation, oth than a<[fvi[Ses <DVered by item r0. CCO GCp .;CD 41. Ins ullacion a[ eLCCt tc, gns, sever, va ter ar ocher utilities, +Ner than ae tiv iciaa covered by item 40 er 41. PID PIp i•~_ 'rJ. Inztallz n on of a drv ve lL, re cenrion basin, Eilter. open sua le •r Don6. PIO Plo t',C~ 44. Nrv dis c!+arga of any pollutant requ it mg • dPDEg pewit pars wnt co the envtroswen csl egnserva ticn law a•sd comply in¢ with the requ .cements for the fas once of such a Dermtt. P P _ 47. Ina tail+cion of a >rvage dispcaal sap tie tank, cesspool, loch i.ald, or seepage pit and ~ discharge of any pollutane inte such facilities not requiring a :'PDEE permit pu:a wne to arise le 17 of the snvspnmental conaer•sacicn law. PID YIp s~ 46. Construe eon of sirele farm lv '_ve llin cs and oral nDle fam ilv d+:ellin as. PIp YIp 47, Cem traction of eo~tnercial and indua cr sal use fee Slicias req uirl tg war aeeea aM publ le asd semi-public buildings requiring va ter aceasa; and and er [akin; goemwrc Sal and lndw - tt1a1 use ac tiviCis revuir :n¢ ve tel access. PIp PID 4g. Cosa tr ucc ion of cc mmem sal and find ustn al use iacilic sea not requiring vacer access and public ar semi-put lie buildings not requiring va ter access; atW order uking eo®erelal and Sndustrlal us. activities not requiring va ter nccesa. PIO PIO 1'IS_- 49. Cone trot non of ac eessory strut cures or sac it hies for any use lie ced In items 46 and 47, other than aceesas~ry strut CUres or fee ilicies cover ad by scam 70 or covered apeeifically In this list. PIV PIp (C~ 70. Cons tract trn o: rtcesso ry atruc cures or tae iii ties for axis ring :ea id en einl atrue [aces where sceh aceesrary scruccures or faeiliclea axe and will eor. t:.~Ue to ba loeacad 77 [sec or more !o: 'i0 feet or mare in Ne City of New York) from [x moat landward edge of env tidal vecla~d. NA NA YPN 71. Conacrucn on of ac•:essurv air occur es or fat iii Cin Eor env use l seed in item 48. PIp YIp CI_` 72. DisD OSaI of env ch•:m ice i. De crcchemical o: other roxic aaceriz 1, iuciud in¢ env pessic id e. L I 1 77. the use or app ltcntign of any chemical, pe ttoehemical, o[ ocher :ozrc mates la 1, in<lud- Sna env peat le ide, where not acrh or fixed by law. I I T~ 74, the atgrage of any chemical, pecrochemica 1, or other Cox fie mace r.al, fine lad ing any pesclc ide, for vholeaa le purposes or fox purp ones of die erlbuc i~,n tq persona other ' Chen the ul cima to user of sucb oacenals. I I PIp 7. She use o[ application of any caemical, petrochemical, or other :ox is sgater sal, includ- ing my pes clc ide, where ochervise au chor fired by Lrv, or the scovge eF any awh material for purposes ocher than vholesal ing or dv[rlbution to pare ms other than the ultimate uaera of such cater is ls. NPN N1^.•1 NYN 76. D1sDOSa1 of solid vas ces as defined in seotian 27-0701 of the environmental conserva- tion Lv. I I PIn ''71. My type of regale ttd uCiviCy no[ specifically lie ced fn Chia rise xt and any aubdivi- atoa of lend. P _ P P s l I 75 Appendix C NYDEC FRESHWATER WETLANDS DEFINIT~ (Section 24-UiU7) of Article Z4, Title i, Environmental Conservation Law) "Freshwater wetlands" means lands and waters of the State as shown on the freshwater wetlands mao which contain any or all of the following: (a) lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation of the following types: . wetland trees, which depend upon sea- sonal or permanent flooding or suffi- ciently water-logged soils to give them a competitive advantage over other trees; including, among others, red maple (Ater rub rum) willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra), silver maple (ACer saccharinum), American elm (Ulmus americans), and Larch (Larix laricina); wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs; including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), dogwoods (COlnus spp.), and leatherleaf (Chamaedaphne calyculata); emergent vegetation, including, among others, cattails (Typha spp.), pickerel- weed (Pontederia cordata), bulrushes (SCirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis)., wildrice (Zizania aquatics), bur-reeds (Sparganium spp.), purple loosestrife t (Lythrum salicaria), swamp loosestrife ! (Decondon verticillatus), and water L ~Jlantain (Alisma plantago-aquatics); rooted, floating-leaved vegetation; including, among others, water lily (Nymphaea odorata), water shield (Brasenia schreberi), and spatterdock (NUphar spp.); free-floating vegetation; including, among others, duckweed (Lemma spp.), big _ duckweed (Spirodela polyrhiza), and watermeal (wolffia spp.); I 76 - wet meadow vegetation, which depends upon seasonal or permanent flooding oz sufficiently water-logged soils to give it a competitive advantage over other open Iand vegetation; including, among others, sedges (Carex spp.), rushes (Juncos spp.), cattails (Typha spp.), rice-cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis spp.); bog mat vegetation; including, among others, sphagnum masses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarzacenia purpurea), and cranberries (Vaccinium macrocarpon and v, oxycoccos); submergent vegetation; including, among others, pondweeds (POtamogeton spp.), naiads (Najas spp.), bladdezworts 1 (Utricularia spp.), wild celery (Vallisneria amezicana), coontail (Ceratophyllum demersum), watermilfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.), and water smartweed (POlygonum amphibium); (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such condi- tions can be expected to persist indefinite- ly, barring human intervention: i (c) lands and waters substantially enclosed by ( aquatic or semi-aquatic vegetation as set forth in paragraph (a) or by dead vegetation as set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vecetation; and (d) the waters overlying the areas set forth in I (a) and (b) and the lands underlying (c). I 77 Appendix D r Environmental Regulations Enforcement Information li 1. Tidal and Freshwater Wetlands New York State Department of Environmental Conservation Permit Administrators Office Building•40, SUNY Stony Brook, NY 11794 (516) 751-7900 Southold Town Board of Trustees Town of Southold P.O. Box 728 Southold, NY 11971 (516) 765-1892 Under State law, any person who violates any provision of the tidal or freshwater wetlands act shall be liable for a penalty not to exceed $3,000 after a hearing and inspection, and may be ordered to restore the wetland to its original condition. 2. Coastal Erosion Zone New York State Department of Environmental Conservation Coastal Erosion Section 50 Wolf Road Albany, NY 12233 (518) 457-3158 There is no enforcement procedure in place yet. The government entity which ultimately administrates the regulations will decide on enforcement procedures. Any persons making violations will most likely be required to restore the land to its original condition. 3. Flood Hazard and Coastal Barrier Areas Southold Town Building Inspector P. O. Box #1179 Southold, NY 11971 (516) 765-1802 New York State Department of Environmental Conservation Flood Plain Management Section (518) 457-3158 Federal Emergency Management Agency National Flood Insurance Program f 1-800-638-6620 L L 78 i 1 1 VII REFERENCES L L A. REFERENCE PUBLICATIONS Connecticut Department of Environmental Protection, Long Island Sound: An Atlas of Natural Resources, November 1977. County of Suffolk, Flood_plain Management, Chapter 46, Code of Town of Southold, 1983. County of Suffolk, Proposed Zoning Amendments to Town of Southold Zoning Code, September .1986. County of Suffolk, Town of Southold, Assessment Roll and Levv Module, Final Assessment Roll, June 1, 1986. County of Suffolk, Wetlands, Chapter 97, Code of Town of Southold, 1986. County of Suffolk, Zoning, Chapter 100, Code of the Town of Southold, 1987. Federal Emergency Management Agency, Questions and Answers on the National Flood Insurance Program, February 1983. Lockwood, Kessler and Bartlett, Inc., Final Report, Solid Waste Management Study, Fishers Island, New York, December 1983. A. R. Lombardi Associates, Inc., Wastewater Facilities Plan, Fishers Island, 1981. Long Island Regional Planning Board, Population 1980, Housing Characteristics, December 1982. Metcalf and Eddy, wort to Fishers Island Development Corporation on Water Supply and Distribution Facilities, August 10, 1970. Nassau-Suffolk Regional Planning Board, U.S. Census '70, Housing Inventory, August 1972. New York State Department of Environmental Conservation, Coastal Erosion Management Regulations, 6 NYCRR 505. New York State Department of Environmental Conservation, freshwater Wetlands, Article 24 and title 23 of Article 71 of the Environmental Conservation Law. New York State Department of Environmental Conservation, Tidal Wetlands, Land Use Regulations, 6 NYCRR 611. Raymond, Parish, Pine & Weiner, Inc., Master Plan Update, Background Studies, Town of Southold, New York, March 1984. Raymond, Parish, Pine & Weiner, Inc., Master Plan Update, Summary, Town of Southold, New York, April, 1985. U. S. Department of Agriculture, The Soil Survey of Suffolk County, April 1975. 1 t 79 M N B. REFERENCE MAPS Chandler, Palmer, & King, Plan Made for Fishers Island Development Corporation Showing East End Lots, May 27, 1983. Lockwood, Kessler & Bartlett, Topographic Map, Five Eastern Towns, Suffolk County, New York, Prepared for the Suffolk County Department of Public Works, 1974. National Flood Insurance Program, Flood Insurance Rate Map, Town of Southold, New York, Suffolk County, April 17, 1985. New York State Department of Environmental Conservation, Preliminary Coastal Erosion Hazard Area Map, August 1984. New York State Department of Environmental Conservation, Freshwater Wetlands Maw, March 1987. New York State Department of Environmental Conservation, Tidal Wetlands Map, 1973. Raymond, Parish, Pine & Weiner, Inc. Land Use Plan Map, Town of Southold, December 1985. Real Property Tax Service Agency, County of Suffolk, Assessors Maps, Town of Southold, 1987. Town of Southold, Suffolk County, Building Zone Map, November 18, 1970. Town of Southold, Suffolk County, Proposed Zoning Map, March 1987. U.S. Department of Agriculture, The Soil Survey of Suffolk County, April 1975. L 80 y A C. RESOURCE PERSONS Gordon Ahman, Realtor John Baily, Action Air Richard Baker, Fishers Island Utility Company, Inc. Helen Best, Elizabeth Field Bradford Burnham, Fishers Island Civic Association John Clavin, Fishers Island Telephone Corporation Clarence Dixon, Fishers Island Water Works Raymond Doyen, Fishers Island Garbage and Refuse District Ken Edwards, Fishers Island Water Works Roy Federlen, Long Island Regional Planning Board Charles B. Ferguson, Henry L. Ferguson Museum Land Trust Harry Ferguson, Fishers Island Civic Association Richard Grebe, Elizabeth Field Dick Hale, Fishers Island Civic Association Jim Hancock, Fishers Island Utility District Edward Horning, Henry L. Ferguson Museum Daniel Kendall, New York State Department of Environmental Conservation Phil Knauff, Fishers Island Ferry District Steve Malinowski, Fishers Island Growth Plan Cortenittee G. Carey Mattheissen, Henry L. Ferguson Museum Land Trust Frank Murphy, Town Board Bagley Reid, Realtor William Ridgeway, Jr., FIDCO 3 Gary Saunders, Coastal Air ~1! Diane Schultze, Southold Planning Board Marty Shea, New York State Department of Environmental Conservation David Spohn, North Fork Aviation Association John Thatcher, Fishers Island Conservancy Donald Zacchea, New York State Department of Environmental Conservation L 81