Public comment due on Shelter Island dock law
The public will get its say on proposed changes to regulations on docks, moorings and other water-related structures at a hearing on Monday, Oct. 7.
Residents are asked to look through some 20 pages the Waterways Management Advisory Counsel (WMAC) has recommended.
The document, appearing on the Town website, is the result of concerns the WMAC and two Town Boards have expressed about the existing law that includes wide-ranging exceptions to approve many applications.
A year ago, the WMAC had recommended an application for a particular dock should not be approved because of concerns members believed compromised safety. When the Town Board looked at the application during the waning days of former supervisor Gerry Siller’s administration, they shared those concerns.
Mr. Siller warned that failure to approve the application could expose the Town to an Article 78 court filing seeking to overturn such a decision. Article 78s are lawsuits used to challenge actions — or inactions — by agencies of New York State and local governments.
Supervisor Amber Brach-Williams, deputy supervisor at the time, said she believed the public would be served by deciding not to allow the proposed construction.
Ultimately, the Town Board did approve the application, but Ms. Brach-Williams, who became supervisor in January, encouraged the WMAC to rewrite the relevant chapter.
In successive meetings, WMAC Chairman Bill Geraghty outlined proposed changes aimed at tightening language to clarify what would and would not be allowed.
Among major changes would be a ban on allowing docks to be constructed in outside waters that Mr. Geraghty said pose safety concerns.
If adopted, the changes would regulate use of Town-owned docks, piers, wharves and bulkheads; the size, placement, and use of commercial and private docks; the size, placement, and use of other water-related structures, including, but not limited to, groins and jetties; and the removal of materials from lands under water by dredging and other means.
Language in the revised draft says the Town Board deems it is “in the public interest” to protect Town Waters and the environment while accommodating reasonable use for general recreational, fishing and shellfishing and by adjacent upland owners for access to navigation.
A dock inspector, who would be a member of the Building Department staff, would be charged with enforcement, including ensuring use of the structures falls within regulations, and inspecting docks to determine needs for repairs.
The new term, “unsuitable locations,” refers to a few areas “impacted by exposure to wave action driven by wind and/or boat traffic; lack of adequate depth; comprised of pristine, preserved or public beaches.”
These would be “inappropriate for the construction or installation of new docks due to potential harm to individuals, real and/or personal property and the environment,” according to the draft. These are cited as Hay Beach Point to Reel Point; Sungic Point to Nicolls Creek; and Jennings Point to Shell Beach Point.
Whether the Town Board will act on the revised law or continue to discuss it at a future work session will be determined by the comments received from the public.
