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State wants it to extend; waterways panel wants a length
limit
By Cara Loriz
The Town Board may once again butt heads with the Waterways
Management Advisory Council over an application to build a
dock that cannot conform to town code, as indicated during a
public hearing on a new Menantic Creek dock application at the
November 17 Town Board meeting.
Michael and Lisa Vella of 29 Dickerson Drive want to build
a catwalk, dock, ramp and float that extend 24 feet seaward
and exceed 15 percent of the width of the Menantic Creek
channel. The town code bars docks that extend beyond 15
percent of the distance across a channel.
The WMAC unanimously opposed the dock because it could
impede navigation on the creek, which is used as a safe haven
for South Ferry boats. A spit of sand extends outward toward
the Vella property from the opposite side of Menantic Creek,
making it one of the narrowest portions of the waterway.
Last spring, the Town Board waived another code requirement
to approve the dock of another Dickerson Drive property owner,
Derek Harris. The WMAC also opposed that dock, which could not
conform to the 25-foot side-yard setback requirement. The Town
Board voted 4-1 to approve the dock with Peter Reich, liaison
to the WMAC, voting no.
This time around, Mr. Reich recused himself -- he is
affiliated with the property owner through his construction
business. Rob Herrmann of En-Consultants presented the Vellas'
case. He said that the dock was originally designed to meet
town code requirements but the Department of Environmental
Conservation lengthened the design by five feet (four feet
beyond the length restriction) in order to position "the
entire float in 30 inches of water at low tide."
Mr. Herrmann explained that the DEC is concerned about
"negative impacts to the benthic community" if the dock were
"built as originally designed" -- in other words, the engines
of boats attached to the float may churn up the bottom. He
also said that nearby docks (which are not directly across
from the spit) extend farther into the channel than the
proposed dock.
The Vella dock "cannot simultaneously comply with the town
and the DEC," Mr. Herrmann said. But he asserted that the dock
does meet with "the spirit of the standard" established by
town code.
WMAC Chairman Pete Bethge disagreed. The WMAC measured the
channel several times, he said, finding a width of 106 feet at
low tide with a submerged sandbar extending another 20 feet
into the channel. The navigational channel is not centered on
this width but trends toward the Vella side of the creek. "We
feel strongly that it is a hazard to navigation," he stated.
Mr. Bethge added that the applicant can build a fixed
T-dock that meets both the town code and the DEC's 30-inch
depth requirement if he simply eliminates the floating dock.
Mr. Herrmann responded that such a plan would limit the
applicant's access to his boat and that the DEC might not
approve a fixed dock. Mr. Bethge noted that "more than half
the docks on Shelter Island" don't have floating docks.
Town Supervisor Alfred Kilb Jr. said, "Any encroachment on
that narrow spot is not going to be in the best interest of
the people of Shelter Island."
But Councilwoman Chris Lewis was looking for a way to
accommodate the request. "Could we attach a maximum boat size"
to the permit, she asked? The board agreed to take another
look at the site configuration before voting on the dock
application.
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