final waterfront development plan

Transcription

TOWN OF OYSTER BAY
SOUTH SHORE ESTUARY RESERVE
WORKPLAN IMPLEMENTATION
FINAL WATERFRONT
DEVELOPMENT PLAN
June 2010
“This report was prepared for the Town of Oyster Bay and the New
York State Department of State with funds provided under Title 11 of
the Environmental Protection Fund.”
Town of Oyster Bay
South Shore Estuary Reserve
Workplan Implementation
FINAL
Waterfront Development Plan
For Submission to:
Town of Oyster Bay
Department of Environmental Resources
150 Miller Place
Syosset, New York 11791
and
New York State Department of State
One Commerce Plaza
99 Washington Ave.
Albany, New York 12231
518-474-6000
www.nyswaterfronts.com
Prepared by:
Cashin Associates, P.C.
1200 Veterans Memorial Highway
Hauppauge, NY 11788
June 2010
Final Waterfront Development Plan
Town of Oyster Bay
Acknowledgement
The Town of Oyster Bay Waterfront Development Plan was prepared with the efforts of
the following government officials, agencies, and consultants.
New York State Department of State
Dennis Mildner
Long Island South Shore Estuary Reserve Office
Jeffrey Fullmer
Sherry Forgash
Town of Oyster Bay
Neil Bergin
Nancy Kearney
Cashin Associates, P.C.
Keith Brewer
Michael Brusseau
ii
June 2010
Town of Oyster Bay
Section
1.0
1.1
1.2
1.3
TOWN OF OYSTER BAY- SOUTH SHORE ESTUARY RESERVE
WATERFRONT DEVELOPMENT PLAN
TABLE OF CONTENTS
Title
Page
Introduction............................................................................................................1
Study Purpose and Goals .........................................................................................1
Study Location .........................................................................................................1
Study Methodology..................................................................................................1
2.0
2.1
2.2
2.2.1
2.2.2
2.2.3
2.3
Inventory of Existing Conditions..........................................................................4
Water Features and Shoreline ..................................................................................4
Water-Dependent Uses ............................................................................................4
Marinas and Boat Launching Ramps.......................................................................4
Finfishing .................................................................................................................6
Bathing Beaches.......................................................................................................6
Water-Enhanced Uses..............................................................................................8
3.0
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
Utilities and Infrastructure .................................................................................11
Existing Utilities and Infrastructure.......................................................................11
Sewage Treatment and Disposal............................................................................11
On-site Sewage Disposal Systems .........................................................................11
Vessel Waste Pump-Out Facilities.........................................................................11
Public Water Supply ..............................................................................................13
Stormwater Collection and Drainage.....................................................................13
Traffic Circulation and Parking .............................................................................17
4.0
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.2
4.2.1
4.2.2
4.2.3
Applicable Town and Village Regulations.........................................................21
Town of Oyster Bay...............................................................................................21
Zoning (Chapter 246).............................................................................................21
Flood Damage Protection (Chapter 121) ...............................................................22
Parks and Recreation (Chapter 168) ......................................................................22
Shellfish and Marine Life (Chapter 196) ...............................................................22
Waterways (Chapter 241) ......................................................................................23
Incorporated Village of Massapequa Park.............................................................23
Zoning (Chapter 345).............................................................................................23
Boating (Chapter 90)..............................................................................................26
Flood Damage Prevention (Chapter 158) ..............................................................26
5.0
5.1
5.2
5.3
5.4
5.5
Conclusions and Recommendations...................................................................28
Land Use and Zoning.............................................................................................28
Possible Negotiated Land Acquisitions .................................................................31
Capital Improvements............................................................................................31
Barrier Island Improvements .................................................................................32
Implementation of Harbor Management Plan........................................................32
6.0
References.............................................................................................................34
iii
June 2010
Town of Oyster Bay
MAPS
Number
Title
Page
Map 1
Map 2
Map 3
Map 4
Map 5
Map 6
Map 7
Study Area/Aerial ....................................................................................................2
Land Use ................................................................................................................10
Sewer Mains...........................................................................................................12
Water Mains...........................................................................................................14
Drainage.................................................................................................................16
Streets.....................................................................................................................20
Zoning ....................................................................................................................25
APPENDIX
Appendix-A Land Use and Dimensional Regulations for Tobay WF-A & WF-B districts ........ 35
iv
June 2010
Town of Oyster Bay
1.0
Introduction
1.1
Study Purpose and Goals
The purpose of this plan is to assist in the implementation of the 2001 Long Island South
Shore Estuary Reserve Comprehensive Management Plan as it relates to waterfront
development and the creation or perpetuation of water-dependent and water-enhanced
land uses within the boundaries of the Town of Oyster Bay and Incorporated Village of
Massapequa Park.
The study seeks to identify constraints to and opportunities for
waterfront development within the waterfront study area and provide recommendations
for sustaining, supporting, enhancing, and introducing, as practicable, compatible waterdependent development.
1.2
Study Location
The waterfront study area includes all land within the Town of Oyster Bay and the
Incorporated Village of Massapequa Park located south of Merrick Road, including the
barrier island as shown on Map 1.
1.3
Study Methodology
The project methodology entails the following:
•
Land use inventory and mapping, including identification of water-dependent and
water-enhanced land uses, parks and recreational facilities, vacant properties,
shoreline access points, water features, canals, navigation channels, the existing
street system, utilities, and general land use patterns.
•
Zoning inventory and mapping, including identification of zoning districts within
the study area and evaluation of existing zoning regulations that affect waterfront
development.
1
June 2010
SU FFOLK C OUN TY
ON )
(TO WN OF B ABYL
N ASS AU C OU N TY Y)
R BA
(TO WN OF O YSTE
SOUTH OYSTER BAY
Y
R BA
YS TE TE AD
OF O
S
TOWN OF H EM P
TOWN
¥
ATL
Legend
IC O
ANT
CE A
N
STUDY AREA BOUNDARY
VILLAGE OF MASSAPEQUA PARK
0
0.25
0.5
1
Miles
MAP 1
TOWN OF OYSTER BAY
STUDY AREA / AERIAL PHOTO
Town of Oyster Bay
•
Evaluation of the suitability of existing land use patterns, zoning, water access
and nearshore navigability, and availability of capital infrastructure to support a
compatible and suitably scaled mix of waterfront development, particularly waterdependent and water-enhanced land uses.
•
Identification and evaluation of natural and man-made physical features and
conditions for supporting future waterfront development.
•
Identification of opportunities and constraints for future waterfront development
as well as the sustaining of existing water-dependent and water-enhanced uses
and activities.
•
Review of current local laws and plans affecting or guiding waterfront
development in the area, including the South Shore Estuary Reserve
Comprehensive Management Plan.
•
Formulation of recommendations to support the construction of needed
infrastructure, facilities, and waterfront development or continuation of such uses
where appropriate and practical.
3
June 2010
Town of Oyster Bay
2.0
Inventory of Existing Conditions
Water-dependent uses are those that require a waterfront location in order to operate as
they must be conducted on, in, over or adjacent to a waterbody. Examples of such uses
include but are not limited to marinas, boatyards, commercial fishing and shellfishing
businesses, maritime fueling stations, beaches, and beach or yacht clubs. This is in
contrast to water-enhanced uses that benefit from but do not require a waterfront location
to function or that provides essential support to water-dependent uses. Examples of
water-enhanced uses include but are not limited to restaurants, fish markets, maritime
museums, and maritime business offices. There are relatively few water-dependent or
water-enhanced uses in the study area and most of the land is developed for single-family
residences and is close to maximum build-out under current zoning.
2.1
Water Features and Shoreline
The study area contains numerous waterfront properties that are located along miles of
ocean, bay, canals and creeks. Significant water features include: South Oyster Bay/
South Shore Estuary, five brackish/tidally influenced streams (Seaford Creek,
Massapequa River, Unqua (Jones) Creek, Carmans Creek, and Narraskatuck Creek),
forty-four man-made bulkheaded canals, and the Atlantic Ocean. The forty-four canals
or dredged drainage ways include three within the Incorporated Village of Massapequa
Park but do not include the aforementioned river and creeks. The shoreline of the bay
and banks of the river and creeks support numerous private docks.
2.2
Water-Dependent Uses
2.2.1. Marinas and Boat Launching Ramps (See Map 2)
The South Oyster Bay waterfront contains a small number of marinas and yacht clubs
that service the local and regional boating community. These facilities are described as
follows.
4
June 2010
Town of Oyster Bay
Tobay Boat Basin is located on the barrier island at the southeastern end of the Town.
This Town-owned and operated facility has approximately 135 slips of various lengths,
and provides electricity, potable water, picnic areas, a concession stand, restrooms, and
vessel fueling station. Tobay Boat Basin is the only marina in this portion of South Shore
Estuary that provides a stationary vessel waste pump-out facility, as well as a mobile
pump-out vessel.
Kydds Marina is located along Alhambra Road. This private facility is equipped for wet
and dry dock storage, boat repairs, and operates two 10-ton lifts. A marine store is also
located on the premises.
There are approximately 25 boat slips of various lengths
available for boats being repaired at the marina. All the slips are equipped with dockside
water and electrical hook-ups. The slips are not available for seasonal docking.
Gus’ Marina is a small marine and boat parts store located at the south end of Alhambra
Road. Services provided by this private marina are winter storage, boat hauling and boat
motor repairs. A vessel fueling dock, boat ramp and restrooms are located at this facility.
There are approximately 11 seasonal slips that are equipped with water and which can
accommodate vessels of up to 25-feet in length.
Biltmore Beach Club Marina is a small private facility located on Biltmore Boulevard in
the Massapequa Cove area. This facility is open to Biltmore Beach Club members only
and provides dockage for approximately 50 vessels. The site is equipped with a boat
launching ramp for its members.
Harbour Green Shore Club and Marina is a private facility available to members of the
Harbour Green Shore Club. It is located on Riviera Drive South in Biltmore Shores.
5
June 2010
Town of Oyster Bay
2.2.2. Finfishing
No charter or party boat businesses (“head boats”) or commercial fishing facilities are
located in the waterfront study area. Land-based recreational fishing takes place at John
J. Burns Park, Philip B. Healey Beach, Shoreville Park, and Tobay Beach, as well as
from private properties located along the waterfront.
2.2.3. Bathing Beaches (See Map 2)
Bathing beaches are water-dependent uses that serve the vital function of providing
public access and recreational opportunities to residents and to visitors of the bay. There
is one Town-owned bathing beach and two private beaches on the mainland, and one
Town-owned beach on the barrier island. The Town-owned beach properties are open to
Town residents only, with the exception of Tobay Beach which is open to the general
public in the off-season and on summer weekdays.
Below is a summary of the beach facilities located within the waterfront study area.
Tobay Beach: The Town of Oyster Bay owns this 120 acre parcel, located along the
northern side of the Jones Island barrier beach. It offers a half-mile long bathing beach
along the bay, two restroom/concession pavilions (one located on the ocean beach and
one located at the marina), playgrounds, picnic areas, a 135-slip marina, and parking lot
which can accommodate 3,400 vehicles. A heliport is also located at this facility which
is used for air rescues.
John J. Burns Park: This Town-owned and operated facility is the largest Town parkland
on the mainland, consisting of approximately 51 acres. This facility, located just south of
Merrick Road, is intensively used as a public recreation area and offers a wide variety of
services and amenities.
The park has two boat launching ramps, fishing areas,
playgrounds, two platform tennis courts, six lighted tennis courts, two basketball courts,
two handball courts, three soccer-lacrosse fields, a baseball field, two softball fields, a
6
June 2010
Town of Oyster Bay
Little League field, a Bay Constable building, and parking lots that can accommodate 80
vehicles. Seven acres on the eastern portion of the park bordering Jones Creek have been
designated by the Town as a nature preserve.
Biltmore Beach Club:
This private club is located on the west side of Biltmore
Boulevard. The site provides a bathing beach, playground, pool, restroom, game room
and a paved parking lot.
Harbour Green Shore Club: This private club includes three separate properties, two
located along Riviera Drive South and one at the head of Grand Lagoon off of Sunset
Boulevard. The three properties have a combined total of 3.6 acres and contain various
amenities, including a pool, pavilion, playground, basketball court, beach volleyball
court, tennis court, bathing beach, and a 40-space parking lot.
Philip B. Healey Beach (formally Florence Avenue Beach): This Town-owned facility
comprises a total of 6.96 acres at the east end of Florence Avenue. Amenities include a
bathing beach, playground, picnic area, restroom/pavilion, gazebo, shoreline fishing, and
parking area. The use of this facility is restricted to Town residents only.
Massapequa Shores Civic Association Beach: This three-quarter acre facility, located at
the end of Dolphin Place, is owned by the Massapequa Shores Civic Association and is
not open to the public. The site consists of a tented picnic area, outside shower, portable
lavatory, small playground area and a small beach front.
Alhambra Beach: Located at the end of Alhambra Road, this 0.94-acre Town-owned
waterfront property consists of a 24-space parking area and minimal beachfront. A small
park adjacent to Alhambra Beach contains a seating area surrounded by a bulkhead. The
park is lined with gravel and there are no facilities on the site.
7
June 2010
Town of Oyster Bay
2.3
Water-Enhanced Uses
The following is an inventory of water-enhanced uses that benefit from a waterfront
location. These uses provide passive waterfront opportunities such as visual access or
walking and sitting areas along the shoreline. These facilities are referred to as waterenhanced uses as they derive substantial benefit from the waterfront location but do not
require direct access to the water to be viable. Examples of water enhanced uses are
restaurants such as is located along Alhambra Road, a catering hall such as the one
located off of East Shore Drive, and some parks.
There are a number of water-enhanced passive recreational facilities in the area, several
of which contain primarily water-enhanced and sometimes water-dependent elements.
These include: Colleran Park, Shoreville Park, Clocks Boulevard Park, Nassau Shores
Bay Front Park, and East Shore Drive Park.
Colleran Park: Colleran Park is a 3.7-acre park which is designed for quiet relaxation.
The park is located at the southern end of Whitewood Drive overlooking the bay and is
owned by the Incorporated Village of Massapequa Park. No buildings or parking lots are
located on the property, and recreational amenities are limited to a playground and park
benches.
The natural shoreline towards the southern tip of the park provides informal
access to water.
Shoreville Park: This 7.7-acre community park, located on Anchor Drive, is owned by
the Shoreville Park Civic Association. This facility contains tennis courts, playgrounds, a
baseball field, soccer field, basketball court and a small parking lot.
Clocks Boulevard Park: This 1.4-acre Town-owned neighborhood park is located at the
end of Clocks Boulevard at the eastern portion of the waterfront study area. The park is
completely fenced in except for an opening for pedestrians. Amenities include park
8
June 2010
Town of Oyster Bay
benches and paved walkways along the waterfront. There is no parking lot and no direct
water access.
Nassau Shores Bay Front Park: This 2.8-acre park is located at the end of a peninsular
along the western shoreline of Jones Creek. This park includes a paved walkway running
along the water’s edge, sitting areas, a small fishing pier, a playground, and manicured
grass areas.
East Shore Drive Park:
This 1.9-acre park is owned by a private homeowner’s
association and is located at the end of East Shore Drive, in the Nassau Shores area of
eastern Massapequa. Amenities include a playground, gazebo, lighted walkways and a
scenic overlook pier. There are no parking spaces available except for one handicap
space.
Area land uses and the locations of water-dependent and water-enhanced
businesses and facilities are shown on Map 2.
9
June 2010
2
¥
VILLAGE
OF
MASSAPEQUA
PARK
9
7
3
11
CH
N
AN
EL
O
R
E
10
S
IS
12
D D RAIN
4
GO O
E
N
LA
SH
6
5
SU FFOLK COUNTY
(TO WN OF BABYLON)
NASSAU CO UNTY
(TO WN OF OYSTER BAY)
SOUTH OYSTER BAY
Marinas
8.....Tobay Marina
9.....Kydds Marina
10.....Gus' Marina
11.....Biltmore Beach Club Marina
12.....Harbor Green Marina
R
EE
K
Y
A
W
X
SS
WANSERS CUT
C
BA
BAY
S T ER EA D
OF OY
ST
TO WN OF HEMP
TO WN
Bathing Beaches
1.....Tobay Beach
2.....John J. Burns Park
3.....Biltmore Beach Club
4.....Harbor Green Beach Club
5.....Philip B. Healey Beach
6.....Massapequa Shores Civic Association Beach
7.....Alhambra Beach
IT
AM
CH
EL
N
N
BOAT
STATE
W
X
EL
C H AN N
NTI
ATLA
C
1
N
OCEA
0
8
0.25
0.5
1
Miles
Legend
LANDUSE
GREEN
W
X
AGRICULTURAL
GREEN FLASHING
RESIDENTIAL
RED
VACANT
STUDY AREA BOUNDARY
COMMERCIAL
RECREATIONAL AND ENTERTAINEMNT
COMMUNITY SERVICE
INDUSTRIAL
PUBLIC SERVICE
WILD, FORESTED AND CONSERVATION AND PUBLIC PARKS
UNKNOWN
CHANNELS TO BE MAINTAINED IN THE PUBLIC INTEREST
MAP 2
TOWN OF OYSTER BAY
LAND USE AND NAVIGATION CHANNELS
Town of Oyster Bay
3.0
Utilities and Infrastructure
3.1
Existing Utilities and Infrastructure
3.1.1
Sewage Treatment and Disposal
Sewage disposal in the mainland portion of the area is through a sewer system serviced
by Nassau County’s Cedar Creek Water Pollution Control Plant (WPCP) located in the
Hamlet of Wantagh, in the Town of Hempstead. Treated liquid effluent is discharged
from the WPCP approximately two-and-one-half miles off-shore in the Atlantic Ocean.
The WPCP has a maximum design flow capacity of 72 million gallons per day and in
1999 the plant operated at 76 percent capacity.
3.1.2
On-Site Sewage Disposal Systems
As noted above, the mainland portion of the study area is served by municipal sewage
collection and treatment facilities.
There are no individual on-site sewage disposal
systems. However, Tobay Beach/Boat Basin facilities utilize a leaching field to dispose
of sewage on the barrier island.
3.1.3. Vessel Waste Pump-Out Facilities
South Oyster Bay is served by a marine sanitation pump-out facility at the Tobay Boat
Basin located on the barrier island. There is also a pump-out vessel based at the Boat
Basin that is “on call” from May through October. The effluent from the pump-out
station is discharged into a leaching field on site. No other vessel waste pump-out
facilities exist in this portion of the SSER.
Sewage facilities in the study area are depicted on Map 3.
11
June 2010
VILLAGE
OF
MASSAPEQUA
PARK
TY
NTY
COUUN
LK CO
OLK
FFO
SU
SUFF
N) )
LON
BYLO
BABY
OFF BA
NO
WN
OW
(T
(TO
TY
NTY
COUUN
AU CO
ASSSAU
N
NAS
Y)
BAY)
TERR BA
YSTE
OYS
OFF O
NO
WN
OW
(T
(TO
YY
ERR BBAAD
OYYSSTTE STTEEAAD
OFF O
NO
WN
MPPS
OW
HEEM
TTO
OFF H
NO
WN
OW
TTO
SOUTH
OYSTER
BAY
SOUTH OYSTER BAY
¥
AN
OCE
C
I
AN T
ATL
Legend
STUDY AREA BOUNDARY
SEWER MANHOLE
SEWER PIPE
0
0.25
0.5
1
Miles
MAP 3
TOWN OF OYSTER BAY
SEWER MAINS
Town of Oyster Bay
3.1.4
Public Water Supply
Potable water in the area is supplied primarily by the Massapequa Water District, which
serves the western portion of the study area, and the Aqua America Inc, which services
the East Massapequa area. The Massapequa Water District currently draws water from
two wells located west of Hicksville Road on the north side of the LIRR tracks. Aqua
America Inc. wells are located north of the LIRR tracks and west of Carmans Road.
Tobay Beach/Boat Basin and Beach facility utilizes two 300 foot deep on-site wells for
its freshwater supply. Water mains in the study area, with the exception of the southern
portion of East Massapequa where data was not available are depicted on Map 4.
3.1.5 Stormwater Collection and Drainage
The mainland of the study area and South Oyster Bay receives drainage from the
southern portion of Nassau County and the southwestern portion of Suffolk County.
There are six drainage areas as described below.
•
Seaford Creek – This drainage system covers 2,030 acres, of which 1,246 acres drain
to recharge basins in the upper extent of the creek.
•
Massapequa Creek – This is a major drainage system that includes four settling
ponds, the Massapequa Reservoir and Massapequa Lake. Massapequa Creek receives
large loadings of contaminants as a result of its extensive, highly developed drainage
area.
•
Jones Creek – This creek, also known as Unqua River, drains an 828 acre area.
Included in this system is the 5.5-acre Unqua Lake. The only stream flow source
north of Unqua Lake is stormwater drainage.
•
Carmans Creek – This drainage system encompasses approximately 1,000 acres and
extends north to the Southern State Parkway. Recharge basins serve 340 acres of this
13
June 2010
VILLAGE
OF
MASSAPEQUA
PARK
SU FFOLK COU NTY )
N
(TO WN OF BABYLO
NASSAU CO UNTY Y)
R BA
(TO WN OF OYSTE
YY
AA
RRBB
TE
TE
SS
YY
DD
AA
FFOO
TE
TE
SS
NNOO
PP
WW
MM
EE
TO
TO
FFHH
NNOO
WW
TO
TO
SOUTH OYSTER BAY
SOUTH
OYSTER
BAY
¥
CEAN
O
C
I
NT
ATLA
0
0.125 0.25
0.5
0.75
1
Miles
Legend
STUDY AREA BOUNDARY
WATER MAINS
WATER DISTRICT
MASSAPEQUA
AQUA-AMERICA, INC.
MAP 4
TOWN OF OYSTER BAY
WATER MAINS
Town of Oyster Bay
system, with the remaining acreage draining into the river. Much of this stream
channel is piped or channelized north of Merrick Road.
•
Narraskatuck Creek – Approximately 390 acres are encompassed by this drainage
system. Narraskatuck Creek extends south from Sunrise Highway to South Oyster
Bay.
•
South Shore – This area covers the entire area located south of Merrick Road to the
bay, which drains directly into the bay or the tidal section of the tributaries. It has an
area of 2,008 acres.
Stormwater collection systems within the study area are maintained by Nassau County
and the Town of Oyster Bay. Stormwater collection on Merrick Road is managed by the
New York State Department of Transportation. Because all of the natural creeks and the
entire area south of Merrick Road have been altered, an extensive street stormwater
drainage system exists, with discharges at almost every street end.
The dense
commercial and residential development on the mainland in this portion of the watershed
and the high proportion of impervious surfaces restricts the infiltration of stormwater into
the ground, promoting runoff.
There are no stormwater collection systems on the barrier island. The runoff from Ocean
Parkway drains into vegetated swales, as does runoff from Tobay Beach/Boat Basin.
Stormwater outfalls along the South Oyster Bay shoreline are depicted on Map 5.
15
June 2010
VILLAGE
OF
MASSAPEQUA
PARK
TY
NTY
COUUN
LK CO
OLK
FFO
SU
SUFF
N) )
LON
BYLO
BABY
OFF BA
NO
WN
OW
(T
(TO
TY
NTY
COUUN
AU CO
ASSSAU
N
NAS
Y)
BAY)
TERR BA
YSTE
OYS
OFF O
NO
WN
OW
(T
(TO
YY
ERR BBAA
OYYSSTTESSTTEEAADD
OFF O
WNN O
MPP
OW
TTO
HEEM
OFF H
WNN O
OW
TTO
SOUTH
OYSTER
BAY
SOUTH OYSTER BAY
¥
AN
OCE
C
I
AN T
ATL
Legend
STUDY AREA BOUNDARY
DRAINAGE OUTFALLS
0
0.25
0.5
1
Miles
MAP 5
TOWN OF OYSTER BAY
DRAINAGE OUTFALLS
Town of Oyster Bay
3.1.6 Traffic Circulation and Parking
Roadway access to the area is provided mainly by means of thoroughfares listed below
which are under the jurisdiction of NYSDOT.
Merrick Road – is one of the primary east-west arterial roadways between the
Town of Hempstead, to the west, and the Town of Babylon to the east. This is a
heavily traveled, four-lane arterial with a posted speed limit of 35 miles per hour.
Sunrise Highway – is a major east-west arterial located north and roughly parallel
with Merrick Road approximately 0.5 to 0.8-mile to the north of the study area.
The roadway is a six-lane divided highway. It also parallels the Long Island
Railroad which is approximately 100 feet to its north. The area is served by the
Massapequa and Massapequa Park railroad stations.
The Seaford-Oyster Bay Expressway – provides cross-island access for all major
east-west arteries in the Town of Oyster Bay. This roadway is a six-lane, divided
highway which runs from Merrick Road (in the Town of Hempstead, to the west
of the study area) to Jericho Turnpike, on the north shore.
Hicksville Road – is an arterial road that supports a mix of residential and
commercial land uses.
Ocean Parkway – runs east to west along the entire length of the barrier island.
Through the Town of Oyster Bay portion of the island, Ocean Parkway is a
divided highway with two lanes traveling in each direction.
17
June 2010
Town of Oyster Bay
Roadway access within the study area is provided mainly by means of the secondary
thoroughfares listed below and which are under the jurisdiction of the Town of Oyster
Bay.
Division Avenue – is a north-south secondary roadway that provides access
between Merrick Road to the north and communities along the southern shore of
Massapequa. This roadway operates with medium traffic and supports residential
land uses.
Forest Avenue – provides north-south access for the major canals at the western
border of Massapequa. This roadway is a two lane, secondary road which runs
from Merrick Road to Brockmeyer Drive, at the southern shore of extreme
western Massapequa.
Alhambra Road – is a north-south secondary road that provides direct access to
Seacrest Park on the south shore of Massapequa from Merrick Road.
Cedar Shore Drive – provides north-south access in the Biltmore Shores area
within Massapequa. This roadway is a secondary road which runs from Merrick
Road to the Grand Lagoon at the southern shore.
Harbor Lane – provides north-south vehicular access for the residents and canals
in the Incorporated Village of Massapequa Park. This roadway is a two lane,
secondary road which runs from Merrick Road to the southern shore and supports
residential uses.
West Shore Drive – is a north-south secondary road that provides access to
residences along Jones Creek in the Nassau Shores portion of Massapequa. The
roadway is a two lane secondary road that supports residential uses.
18
June 2010
Town of Oyster Bay
South Bay Drive – is an east-west secondary roadway within the Nassau Shores
community in Massapequa. This two lane roadway provides access to the canals
along the southern shore of Nassau Shores between Sunset Road in the west, and
East Shore Drive to the east.
Clocks Boulevard – is a north-south secondary roadway that provides access
between Merrick Road to the north and communities along the southern shore of
East Massapequa.
This roadway operates with medium traffic and supports
residential land uses. Streets in the area are shown on Map 6.
Public parking is provided at a number of locations in the study area, including: Phillip B.
Healey Park, to serve the needs of the users of the park facility; Shoreville Park, which is
intended for users of this facility; John J. Burns Park, which serves users of the park
facility and the users of the boat ramp; the parking lot located at the end of Alhambra
Road (which is currently being used to store construction equipment and machinery); and
the large parking lot located on the barrier island that serves the users of Tobay
Beach/Boat Basin.
19
June 2010
Dr
S
ve
Ric hmond A
Vir
Ce g in ia
ntr
al A Ct
ve
e
Sh or
E Linco ln Ave
Pir
ate
sC
v
in St
Rd
Stu
art
Le
Av
b ru
e
No
rm n Ave
an
Av
e
Weaver Dr
Roosevelt Blvd
Unqua Rd
Roy Ave
Su nset
Rd
E Sh ore Dr
Chester Ave
Grover Ave W
lvd
Blo ck
B
r
W
r
Cedar Dr
r
Arlyn Dr
E
Jolud ow
D
Carlton Dr
Pa rking Lo t
Huro n Ave
l vd
Arlyn Dr W
igh
tB
Sh
ore
D
Cedar Shore Dr
Bayview Ave
Riv iera D
r W
Kn
ell
D
Rd
Be ac
h
Jones Pl
Ca
rtw
r
Lake shor e Blvd
Roxbury Ln
Alh amb ra
Rd
ille Rd
W En
d Av
Harr
e
ison
M
Ave
a
Merr
s
s
a
pe qu
itt Av
a Av
e
e
Ocea
n Av
e
Ave
Fore
st
Se af
ord A
ve
Hic ksv
Riverside Ave
Washin gton Ave
Darby Ln
Lincoln Ave
Came o
Ave
Mar ina Pa rk Dr
S Ketcha m Ave
l
Carman P
Fra n
kl
TY
NTY
UN
COU
LK CO
OLK
SU FF
FFO
SU
N))
LON
BYLO
BABY
F BA
OF
(T
NO
WN
OW
(TO
TY
NTY
UN
COU
AU CO
NASS
SAU
AS
N
Y)
BAY)
R BA
TER
YSTE
OYS
FO
OF
(T
NO
WN
OW
(TO
r
Ct
ay D
Er lwein
d
SB
rview
Wate
r
Lake St
Tr ebor Rd
Delta Rd
Clocks Blvd
Ba yview St E
Ave
ater
Lee w
r Ave
wa te
Hig h
e
rk R
Av
ate r
Fairw
la
Sky
Pe
con
ic D
Iroquois Pl
Neptu ne Pl
Oakley Ave
Nassau Rd
Stone Blvd
Blvd
Carman
Dr
S Ba y Pl
d
Su ffolk Rd
Red Oak Pl
r
Dr
Dr
Iroquois St W
Gem Ln
o od
iera
ley
R
rick
Mer
Clu b D
Riv
l
Sh e
t
YY
AA
RRBB
EE
TT
SS
YY
DD
AA
FFOO
EE
TT
SS
NNOO
PP
WW
MM
EE
OO
TT
FFHH
NNOO
WW
OO
TT
SOUTH
OYSTER
BAY
SOUTH OYSTER BAY
a
Oce
nR
d
Unnamed Stre et
n
Ocea
ty B
Doug h
lvd
STUDY AREA BOUNDARY
0.25
Dartmou th Rd
Exeter Rd
Fairfax Rd
Su nset Blv d
tt
S
S
VILLAGE
OF
MASSAPEQUA
PARK
Ad am Rd
Cabo t Rd W
Legend
0
Nassau St
Hamp ton Blvd
Rd
m
ha
ore
Sh
Lagoon Blv d
Swan Dr
Ba yview Pl
¥
Sc
o
ew
Wh it
Be verly Rd
Clin ton Pl
Fox Blvd
Pa rk Lane Pl
An chor Dr
e
e Av
enc
Flor
Div ision Ave
S Ba y Ave
n
Dory L
t
Harb or L n
Ba y Dr
n
Linco
ln Pl
Fra n
Garf klin Pl
ield P
Jetm
l
ore P
Beacon Rd Ja
l
ckso
n Pl
Jeffe
r
Ad m son Pl
ira l R
d
Pl
Rd
lo
Po
Oxford Rd
Beaumont Ave
Narwood Rd
Merrick Rd
Franke l Rd
Biltmor e Blvd
L
th
Tiana St South St
Niami St
e velt
C
Lake
May Pl
Pa rk Blvd
Roos
i
Sm
ve
Jackso n A
A ve
So utha rd
Cherry St
Sycamore St
Cedar St
Maple St
Locust St
Elm St
Orchard St
Tu lip Dr
Map le St
0.5
1
Miles
nP
Ocea
kwy
Pkwy
AN
OCE
C
I
AN T
ATL
MAP 6
TOWN OF OYSTER BAY
STREETS
Town of Oyster Bay
4.0
Applicable Town and Village Regulations
4.1
Town of Oyster Bay
This section discusses some of the relevant local laws and regulations governing the
waterfront within the study area.
4.1.1
Zoning (Chapter 246)
Chapter 246, Zoning, of the Oyster Bay Town Code regulates land use and sets forth
dimensional standards within the Town’s jurisdiction. The Town has fourteen residential
zoning districts and ten nonresidential zoning districts. The study area contains six of the
Town of Oyster Bay’s zoning districts, including three single-family residence, one
multi-family residence, and two business zoning districts. The mainland portion of the
study area in the Town of Oyster Bay is zoned primarily R1-10 (“One-Family
Residence”) and R1-7 (“One-Family Residence”); while, the bay islands and barrier
island are zoned entirely R1-2A (One-Family Residence). Other zoning districts in the
mainland portion of the study area include:
•
GB (“General Business”) at the end of Alhambra Road and along Merrick Road
near the east and west ends of the study area;
•
NB (“Neighborhood Business”) primarily along Merrick Road at the west end of
the study area, two small lots located along Merrick Road near the center of the
study area, and two small lots at the northwest end of Schmidt Canal; and
•
RPH-20 (“Multi-Family Public Housing”) in the northeast portion of the study
area on land located north of Trebor Road, south of Lake Street, east of Clocks
Boulevard, and west of the Nassau County/Suffolk County line.
21
June 2010
Town of Oyster Bay
4.1.2
Flood Damage Prevention (Chapter 121)
Much of the waterfront study area is situated within a “special flood hazard zone”. The
Town requires the issuance of a floodplain development permit for any construction to
occur within the special flood hazard zone. Chapter 121 also establishes the procedures,
construction standards, and appeals process for persons who are aggrieved by a permit
decision. The Town requires that all persons comply with FEMA’s specifications.
4.1.3 Parks and Recreation (Chapter 168)
This chapter of the Town Code addresses the requirements for admittance, types of
activities that are permitted and prohibited within the Town’s park facilities, as well as
the protection of dunes on the barrier beach on the south end of the Town of Oyster Bay.
Of particular applicability to the subject study are the restrictions on the operation of
watercraft in areas so-posted and a prohibition against fishing within designated
swimming areas during the bathing season.
4.1.4
Shellfish and Marine Life (Chapter 196)
Chapter 196 contains five articles including General Provisions, Shellfish, Sandworms
and Bloodworms, Nets and Trawlers, and Crabs. The purpose of this chapter is to assist
in the management and conservation of marine resources within Town waters and on
underwater lands. The law strives to implement principles that preserve these resources
while balancing other key factors such as economic, recreational, and ecological
considerations.
Article 1 discusses the violations and penalties relating to this chapter; while the
remaining articles describe the standards, restrictions, permitting requirements, and
minimum size, times, and locations in which collecting can occur and the methods that
can be used.
This section of the Town Code also discusses the leasing of Town
underwater lands and the powers that the Town has in terms of enforcement.
22
June 2010
Town of Oyster Bay
4.1.5
Waterways (Chapter 241)
The purpose of Chapter 241, Waterways, is to ensure that water activities are conducted
in a safe manner and that conflicts between competing water uses are managed in a way
that ensures that waterways remain navigable, that water-based activities are not
encroached upon by other water uses (e.g., swimming areas infringed upon by boating or
fishing activities), and to promote the overall best interests of the public. The chapter
outlines the requisite permit procedures, and the administrative jurisdictions of various
Town offices are defined.
The chapter provides a variety of regulations for activities taking place on or within the
water such as waterskiing, operation of vessels, skin diving, and fire protection.
Regulations and jurisdictions are also provided to address moorings, docks, piers, floats,
dockage and mooring of vessels, such as mooring and anchoring regulations, minimum
mooring tackle and mooring installation or modification application fees, submission
requirements, and procedures.
Section 241-9 of the Town Code prohibits the dumping of garbage and other refuse or the
discharging of sewage, oil, chemicals, and other such materials from boats or docks into
the Town’s waterways.
Chapter 241 also discusses the remedies and penalties for violation of the standards and
regulations set forth in this Chapter.
4.2
Incorporated Village of Massapequa Park
4.2.1
Zoning (Chapter 345)
Chapter 345 of the Code of the Incorporated Village of Massapequa Park regulates land
uses and sets forth dimensional criteria and standards for the Village. A review of
Chapter 345 and its zoning map revealed that the Village has five primary zoning districts
including: Residential A; Residential AA; Business G; Business G1, and Business GG.
23
June 2010
Town of Oyster Bay
The Village also has a Residential AA Golden Age Housing Overlay District. Land
within the portion of the Village of Massapequa Park in the study area (South of Merrick
Road) is zoned primarily Residential AA. A small area located at the southwest corner of
Merrick Road and Harbor Lane is zoned “Business G” and a larger tract which is
bordered by Merrick Road to its north, Nassau Street to its south, Whitewood Drive to its
east, and Harbor Lane to its west, is zoned “Business GG”. Neither of these areas has
direct water frontage or is near any significant waterbodies. A small area located at the
southeast corner of Merrick Road and Whitewood Drive, north of Whitewood
Condominiums is zoned “Business G1”. This currently accommodates a funeral home
and abuts the upper western branch of Jones Creek where the size and flow of the creek is
too limited and insufficient to provide any important waterfront values.
Map 7 depicts zoning within the Town of Oyster Bay and Incorporated Village of
Massapequa Park portions of the waterfront area.
24
June 2010
VILLAGE
OF
MASSAPEQUA
PARK
SU FFOLK COU NTY )
N
(TO WN OF BABYLO
NASSAU CO UNTY Y)
R BA
(TO WN OF OYSTE
BAY
S T ER EA D
OF OY
ST
TO WN OF HEMP
TO WN
SOUTH OYSTER BAY
¥
Legend
STUDY AREA BOUNDARY
MASSAPEQUA PARK ZONING
CEAN
IC O
T
N
ATLA
0
0.125 0.25
0.5
0.75
TOWN OF OYSTER BAY ZONING
GB
NB
BUSINESS G
R1-10
BUSINESS G1
R1-1A
BUSINESS GG
R1-2A
RES AA GOLDENAGE HOUSING
R1-6
RESIDENTIAL A
R1-7
RESIDENTIAL AA
RMF-16
RO
RPH-20
RELAVANT ZONES NOT FOUND IN STUDY AREA:
WF-A
WF- B
1
Miles
MAP 7
TOWN OF OYSTER BAY
ZONING
Town of Oyster Bay
4.2.2
Boating (Chapter 90)
Chapter 90 of the Incorporated Village of Massapequa Park Code sets forth local rules
and regulations pertaining to all waters and waterways within its jurisdiction, except as
may be superceded by Federal, State, or Town regulations. As such, this chapter has
particular relevance to waterfront land uses that are dependent on the shore and local
waters for their operation. Chapter 90 addresses many issues including:
•
Restrictions on the use of propelled boats within or near bathing areas;
•
Uniform boater speed limits for: 1) basin, dock, anchorage bathing areas,
creek, canal, and within 500 feet of shoreline; and 2) those areas that are
between 500 to 1,500 feet offshore;
•
Prohibitions against racing and unmuffled vessels;
•
Mooring and anchoring requirements;
•
Regulations involving houseboats and similar crafts, seaplanes, locations
of piles, removal of hazardous or disabled vessels, water sports, spear guns
and similar apparatus, maintenance of waterfront properties and dumping.
4.2.3
Flood Damage Prevention (Chapter 158)
Chapter 158 of the Incorporated Village of Massapequa Code sets forth the policies,
standards, and permit procedures affecting development within areas that are in flood
hazard areas, including portions of the community located along the South Oyster Bay
shoreline.
The Flood Damage Prevention ordinance identifies several objectives as
follows:
“A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood control projects.
26
June 2010
Town of Oyster Bay
C.
Minimize the need for rescue and relief efforts associated with flooding
and [that are] generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities such as water and gas
mains, electricity, telephone, sewer lines, streets and bridges located in
areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood-blight areas.
G.
Provide that developers are notified that property is in an area of special
flood hazard.
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.”
27
June 2010
Town of Oyster Bay
5.0
Conclusions and Recommendations
In general, there are currently limited opportunities for new waterfront development in
the study area. This is due primarily to the dense and nearly built-out residential nature
of the area which restricts or precludes future waterfront commercial development.
There is suitable infrastructure available in the form of roads, water, sewer, and utilities
in the area.
5.1
Land Use and Zoning
Most lots in the study area are developed at or close to their maximum potential under
zoning or, in the case of the golf course on the east side of the study area, are occupied
with an existing low density land use. Lots that are identified as vacant are very small,
are serving (incorporated into) adjacent lots, or are public parkland. The limited vacant
and developable land that is available in most instances would require the assembly of
adjacent, often developed, property in order to provide suitable space for waterfront
development.
The vast majority of the land along the waterfront is used for private single-family
residences and is zoned for this purpose; although, park, recreational facilities, and
community service land uses also exist in the area. Lots are generally small within the
study area with the average lot being approximately one-quarter acre. John J. Burns Park
(52 acres) and Peninsula Golf Course (50.8 acres) are among the largest properties.
Commercial land uses occur primarily along Merrick Road at the northern boundary of
the study area.
However, these uses are far removed from the South Oyster Bay
shoreline and navigable portions of the river and creeks. Nevertheless, several small
businesses are scattered around the area, including several lots at the south end of
Alhambra Road where there are two marinas, a small furniture/art store, and a vacant
commercially zoned property. A small waterfront park with shore access and a newly
constructed multi-family development are also located in this area.
28
June 2010
Town of Oyster Bay
Only one vacant property located along the shoreline was identified as having potential
for a possible new water-dependent or water-enhanced land use. This property is located
on the west side of Alhambra Road in Massapequa, opposite Gus’ Marina, and north of a
boatyard and public park and parking lot that is adjacent to the shoreline. The property is
roughly three-quarters of an acre, is zoned for general business (GB), and has direct
access to the Massapequa River near Massapequa Cove.
The property is believed to have been formerly used as a restaurant or catering facility;
however, the previous building improvements at the site were recently demolished and no
plans for new development had been submitted to the Town by the time this report was
completed. Due to the property’s location along the waterfront and within an existing
commercial zone, and its proximity to water-dependent and water-enhanced uses, some
potential exists for a suitable, compatible, and/or supportive water-related commercial
use.
The property is relatively moderate in size for the area and would be sufficient to
accommodate a number of viable new or expanded waterfront uses but is not large
enough to support a major waterfront operation. Moreover, uses such as single-family
residences or non-water dependent uses such as certain retail and industrial businesses
(which may have the potential for affecting the environment) are not recommended as
they would only further limit the availability of appropriate locations for uses that require
waterfront locations. Suitable uses at this site and adjacent GB-zoned properties include
but are not limited to marinas, expansion of existing nearby waterfront uses (i.e., marinas,
boatyard), or new marine-related businesses, public parks with shore access, a waterfront
restaurant, water-related club or other similar water-dependent use that would be
compatible with the surroundings. Future uses should be developed in a way that will
avoid or mitigate impacts to natural resources and the new multi-family development
located between Kydd’s Marina and Gus’ Marina.
There are two non-residential zoning districts in the Town of Oyster Bay that do not
occur within the study area but have particular relevance as they are specifically designed
29
June 2010
Town of Oyster Bay
to promote and/or perpetuate water-dependent and water-enhanced development. These
districts are the Waterfront-A (WF-A) and Waterfront-B (WF-B) zoning districts. The
zoning districts are specially designed to:
•
ensure appropriate zoning to promote, create, and sustain a mix of waterfront and
water dependent and water enhanced neighborhood businesses and recreational uses
in suitable waterfront locations;
•
provide adequate land use, density, and environmental controls so as to guide future
growth and protect vital natural resources; and to
•
assist in the redevelopment and revitalization of waterfront areas in a carefully
planned, economically beneficial, and fiscally-responsible manner, subject to
appropriate standards and procedures.
The Waterfront-A district is a non-residence zone that is expressly designed to address
waterfront properties and promote the establishment or perpetuation of water dependent
land uses. Waterfront-B sites are targeted for those properties that do not have direct
frontage on the water but that enjoy a close relationship with the shore and waterdependent uses.
Rezoning the described waterfront property, as well as other nearby commercial GB
waterfront properties at the south end of Alhambra Road (Kydd’s and Gus’ marinas) to
the Town’s Waterfront-A (WF-A) zoning designation should be considered, particularly
if ownership patterns are such that conforming lots can be created. This would help to
maintain and support water-dependent land uses that uniquely benefit from the waterfront
location. Future uses should demonstrate compatibility with the newly developed multifamily housing in the area.
30
June 2010
Town of Oyster Bay
Land uses permitted in these zones and their dimensional requirements are provided in
the appendix of this report.
5.2
Possible Negotiated Land Acquisitions
The Peninsula Golf Club site is a large and important property within the study area.
Although it does not have water frontage, it is a significant site within the waterfront
community that currently supports an appropriate use for the property and surrounding
community. Perpetuation of this land use, consideration of rezoning the larger property
to R1-20 or the entire property to “Recreation”, or acquisition by the Town for use as a
golf course or community parkland, should it be put up for sale in the future, should be
explored as recommended in the Town’s Final Groundwater and Open Space Protection
Plan (Cashin Associates, 2006-a, p. 8-28).
5.3
Capital Improvements
The study area is primarily served by public water, sewers, and other essential utilities.
The street system consists basically of secondary residential streets which are served by a
system of arterials and highways in the area. Many residential streets terminate or “deadend” at one of the many canals, creeks, or the bay shoreline. Aside from the fact that
nearly every lot is developed with single-family residences, are zoned for such purposes,
and the area has an established residential neighborhood character that may be
incompatible with certain intensive waterfront commercial uses, the dead-end streets do
not have turn-around areas, adequate space for parking, or unrestricted access to the
water. Moreover, individual lots are generally too small to accommodate significant
waterfront commercial land uses. These conditions suggest that much of the area is not
currently suited for additional commercial waterfront development.
A substantial portion of the study area contains impervious ground surfaces including an
extensive network of secondary streets and numerous homes and buildings which prevent
31
June 2010
Town of Oyster Bay
direct recharge of precipitation and lead to stormwater runoff. The depth to groundwater
along the shoreline is naturally quite shallow. For this reason, as well as a lack of
available land, constructed recharge basins are impractical and therefore do not exist in
the study area. Much of the stormwater generated along the shoreline is captured and
routed to the many canals, creeks, and the bay shoreline where it is discharged to the
open surface waters (Cashin Associates, 2004). These conditions can lead to water
quality degradation and can inhibit or affect the use of the estuary. The recommendations
of the Town’s 2004 South Oyster Bay Stormwater Discharge Identification and
Mitigation Plan should be implemented in order to address stormwater issues in the area
(Cashin Associates, 2004).
5.4
Barrier Island Improvements
The portion of the barrier island within the Town of Oyster Bay is currently dedicated as
a wildlife refuge, a Town beach along the ocean, and Town boat basin along a portion of
South Oyster Bay.
There is no private land in the area and little opportunity for
waterfront development. The draft Town of Oyster Bay South Shore Estuary Public Use
and Tourism Study does, however, recommend the construction of a bikeway along
Ocean Parkway that would link to the Wantagh State Parkway bicycle path and
potentially link destinations to the east and west along the barrier island (Cashin
Associates, 2007). Implementation of this recommendation does not in itself promote
waterfront development.
However, it could increase recreational and alternative
transportation options, support tourism, and be beneficial in providing an alternative
mode of physical and visual access to the waterfront that would be supportive of existing
waterfront uses and activities.
5.5
Implementation of Harbor Management Plan
The Town should implement the recommendations of the South Oyster Bay Harbor
Management Plan (Cashin Associates, 2006-b). This plan includes recommendations to
promote and improve water quality, overall environmental and ecological resources, and
32
June 2010
Town of Oyster Bay
bay navigability and safety, which is important to the viability of water-dependent uses.
Establishing a maintenance dredging plan and schedule in conjunction with applicable
agencies will help to ensure the navigability of the area’s waters and promote the
perpetuation of existing and future waterfront uses.
33
June 2010
Town of Oyster Bay
6.0
References
Cashin Associates, P.C. 2004. Town of Oyster Bay South Oyster Bay Stormwater
Discharge Identification and Mitigation Plan. CA: Hauppauge, NY.
Cashin Associates, P.C. 2006-a. Town of Oyster Bay Final Groundwater and Open Space
Protection Plan (For Areas Outside of the Oyster Bay Special Groundwater
Protection Area). CA: Hauppauge, NY. November.
Cashin Associates, P.C. 2006-b. South Oyster Bay Harbor Management Plan. CA:
Hauppauge, NY.
Cashin Associates, P.C. 2007. Town of Oyster Bay – South Shore Estuary: Estuary
Public Use and Tourism Study (Draft). CA: Hauppauge, NY. July.
South Shore Estuary Reserve Council and New York State Department of State, Division
of Coastal Resources (SSERC & NYSDOS DCR). 2001. Long Island South Shore
Estuary Reserve Comprehensive Management Plan. SSERC & NYSDOS.
34
June 2010
Town of Oyster Bay
APPENDIX
Oyster Bay Town Code
§ 246-5.2, Schedule of Use Regulations
– Nonresidence Districts
and
§ 246-5.3, Schedule of Dimensional Regulations
August of 2007
35
June 2010
Town of Oyster Bay
§ 246-5.2 Schedule of Use Regulations - Nonresidence Districts
(Page 1)
[Amended 7-22-2003 by L.L. No. 7-2003; 1-20-2004 by L.L. No. 2-2004; 9-21-2004 by L.L. No. 11-2004; 4-5-2005 by L.L. 4-2005]
Nonresidence District Designation
Uses
Uses Permitted Only Where Specifically
Indicated
REC
RO
OB
NB
CB
GB
WF-A
WF-B
ORD
LI
Residential
One-family dwellings
PP
Two-family dwellings (§ 246-5.5.28)
Multifamily dwellings
Townhouses
Rooming or boarding houses (§ 2465.5.23)
SP (TB)
SP (TB)
Congregate-care assisted living
facilities
SP (TB)
SP (TB)
SP (TB)
PP
PP
PP
PA
PA (ZBA)
PA
SP (TB)
Parent-child residences (§ 246-5.5.18)
Accessory apartments
PA
Apartments over stores (§ 246-5.5.5)
Domestic employees' residences (§
246-5.5.12)
Conversion of garage (§ 246-5.5.20.3)
PA
Keeping of domestic animals (§ 2465.5.15)
PA
Private garages and carports (§ 2465.5.20)
PA
PA
PA
PA
PA (ZBA)
PA
PA
PA
Home businesses (§ 246-5.5.14)
06 - 05 - 2005
NOTE: Permitted uses may require site plan approval. (See § 246-6.2.)
Key: PP: Permitted Principal Use; PA: Permitted Accessory Use; SP: Special Permit Use; (TB): Town Board Approval; (ZBA): Zoning Board of Appeals
Town of Oyster Bay
(Page 2)
[Amended 7-22-2003 by L.L. No. 7-2003; 1-20-2004 by L.L. No. 2-2004; 9-21-2004 by L.L. No. 11-2004]
Uses
Indicated
REC
Home offices (§ 246-5.5.14)
RO
OB
PA
NB
CB
GB
PA
PA
PA
PP
PP
PP
WF-A
WF-B
ORD
LI
Recreation
Country clubs (§ 246-5.5.10)
SP
(TB)
SP (TB)
Game rooms
Active recreation uses, including
bowling, tennis, golf driving ranges,
miniature golf, batting ranges, skating,
health clubs and similar uses
PP
SP (TB)
PA
SP (TB)
SP (TB)
Marinas
Private membership clubs (§ 2465.5.21)
SP (TB)
SP
(TB)
SP (TB)
SP (TB)
PP
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
PP
PP
PP
PP
PA
PA
PA
PA
Public parks
PP
PP
PP
PP
PP
PP
Swimming pools (§ 246-5.5.26)
PA
PA
PA
PA
PA
PA
Tennis courts (§ 246-5.5.27)
PA
PA
PA
PA
PA
PA
SP (TB)
PP
SP (TB)
SP (ZBA)
SP(ZBA)
SP (ZBA)
SP(ZBA)
SP (ZBA)
PP
PP
PP
PP
PP
Theaters
PA
PA
SP (TB)
Public/Semi-Public
Cemeteries
SP (ZBA)
SP
(ZBA)
Colleges or universities or private
schools (§ 246-5.5.8)
11 - 25 - 2004
NOTE: Permitted uses may require site plan approval. (See § 246 -6.2.)
Town of Oyster Bay
(Page 3)
Uses
Indicated
REC
RO
Day care, play care, nursery schools
and similar facilities (§ 246-5.5.11)
OB
NB
CB
GB
PP/PA
PP/PA
PP/PA
PP
PP
PP
Eleemosynary institutions
Hospitals, convalescent or nursing
homes
PP
PP
PP
Museums
Other governmental uses of federal,
state or county agencies, or special
purpose districts thereof (§ 246-4.1.4.2)
PP
(TB)
PP (TB)
PP (TB)
Places of worship (§ 246-5.5.19)
Public schools
PP
Technical or trade schools
PP
WF-B
ORD
LI
PP/PA
PP/PA
PP/PA
PP
PP
PP
PP
PP
PP
PP
PP
PP
PP
Marine educational institutions
Municipal uses of Town of Oyster Bay
(§ 246-4.1.4.1)
WF-A
SP (TB)
SP (TB)
PP
PP
PP
PP
PP
PP
PP
PP
SP (TB)
SP (TB)
PP (TB)
PP (TB)
PP (TB)
PP (TB)
PP (TB)
PP
PP
PP
PP
PP (TB)
PP (TB)
PP
PP
PP
PP
PP
PP
PP
PP
PP
PP
PP
PP
PA
PA
PA
Business
Accessory outdoor sales and display (§
246-5.5.1)
PA
Agriculture (§ 246-5.5.2)
Animal boarding facility
SP (TB)
11 - 25 - 2004
Town of Oyster Bay
(Page 4)
Uses
Indicated
REC
RO
OB
NB
CB
GB
SP (TB)
SP (TB)
PP
PP
PP
SP (TB)
SP (TB)
SP (TB)
Animal hospitals (§ 246-5.5.3)
Banks
PP
Bars (§ 246-5.5.6)
Boatyards
PA
PP
PP
PP
PA/SP
(TB)
SP (TB)
SP (TB)
SP (TB)
Commercial greenhouses
SP (TB)
Cabarets, discotheques, dance halls,
night clubs (§ 246-5.5.30)
SP (TB)
PP
PP
PP
SP (TB)
SP (TB)
SP (TB)
PP
PP
SP (TB)
PP
PP
PA (TB)
PA (TB)
Drive-through services, other (§ 2465.5.13)
PA
PA
PA
Landscape nursery, garden center
PP
SP (TB)
PP
PA (TB)
Fast-food restaurants (in multiple-use
building)
LI
SP (TB)
PA (TB)
PP
ORD
SP (TB)
Drive-through services, fast food (§
246-5.5.13)
Public markets (§ 246-5.5.22)
WF-B
PP
SP (TB)
Business services
Catering services (§ 246-5.5.7)
WF-A
PP
PA
PA
PP
PP
PP
PP
PP
PP
11 - 25 - 2004
Town of Oyster Bay
(Page 5)
Uses
Indicated
REC
RO
OB
Fast-food restaurants (in freestanding
building)
NB
CB
GB
SP (TB)
SP (TB)
SP (TB)
Fishing stations
PP
Fish markets
PP
SP (TB)
WF-A
WF-B
ORD
LI
SP (TB)
PP
PP
PP
PP
PP
SP (TB)
SP (TB)
PP
PP
PP
Keeping of farm animals (§ 246-5.5.16)
Lodging places
Mariculture
SP (TB)
PP
Mariculture research and development
facilities
SP (TB)
SP (TB)
Marine-retail business complexes
SP (TB)
SP (TB)
Office
PP
PP
PP
PP
Personal services
PA
PP
PP
PP
SP (TB)
PP
PP
PP
PP
SP (TB)
PP
PP
PP
SP (TB)
SP (TB)
PP
PP
PP
PP
Professional, real estate and insurance
offices
PP
Restaurants (maximum permitted
occupancy of 75 persons)
Restaurants (maximum occupancy of
76 or more persons)
Retail stores
PA
SP (TB)
PP
PP
PP
PP
PP
PP
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
11 - 25 - 2004
Town of Oyster Bay
(Page 6)
Uses
Indicated
REC
RO
OB
NB
CB
GB
SP (TB)
PP
PP
Self-service storage facility
Undertaking establishments (§ 2465.5.29)
Veterinary offices
PP
WF-B
ORD
LI
SP (TB)
PP
PP
PP
PP
PP
PP
PP
PP
PP
PP
Water-dependent uses found to be
beneficial and harmonious with the
special permit requirements of the
Waterfront-A District
SP (TB)
Automotive
Motor vehicle fuel sales and service,
motor vehicle repair, auto body, tow
car operations, car washing
establishments and public garages (§
246-5.5.17)
Motor vehicle rental facilities
Motor vehicle dealership
Parking structures (§ 246-7.5.3)
WF-A
PA
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
SP (TB)
PP
PP
PP
PP
PA
PA
PA
PA
PA
Outdoor motor vehicle sales
Storage of registered commercial
vehicles
SP (TB)
PA
PA
PA
PA
SP (ZBA)
11 - 25 - 2004
Town of Oyster Bay
(Page 7)
Uses
Indicated
REC
RO
OB
NB
CB
GB
WF-A
WF-B
ORD
LI
Storage of unregistered vehicles (§
246-5.5.24)
Industrial
Helipads
SP (TB)
Light manufacturing uses
PP
Lumber yards
PP
Research and development uses
PP
Warehouse, distribution and storage
uses
PP
PP
Utility
Antennas (§ 246-5.5.4)
Communication and cellular telephone
towers (§ 246-5.5.9)
PA
PA
SP
(ZBA)
PA
PA
PA
SP (ZBA)
SP(ZBA)
SP (ZBA)
Electric substations
Public utility buildings or structures
PP
SP
(ZBA)
SP (ZBA)
SP(ZBA)
PA
PA
SP (ZBA)
PP
SP (ZBA)
Radio and television broadcasting
studios
Solid waste management facilities
PP
SP (ZBA)
SP (TB)
SP (TB)
11 - 25 - 2004
Town of Oyster Bay
§ 246-5.3 Schedule of Dimensional Regulations
[Amended 7-10-2001 by L.L. No. 3-2001; 7-22-2003 by L.L. No. 7-2003; 1-20-2004 by L.L. No. 2-2004; 9-21-2004 by L.L. No. 11-2004; 11-9-2004 by L.L. No. 16-2004; 4-25-2006 by L.L. No. 5-2006; 2-13-2007 by L.L. No. 4-2007]
Principal Buildings
Minimum Yards (feet)
(Also subject to buffer requirements of
Accessory Buildings
§§ 246-5, 246-7, and 246-8)
Side
Minimum Yards
(feet)
Maximum
Maximum
Maximum
Maximum
Minimum
Maximum
Required
Maximum
Building
Building
Building
Lot Width/
Building
Maximum
Front Yard
Floor Area
Coverage of
Height(12)
Coverage(11)
Frontage
Height
Dwelling Unit
Setback(8)
Minimum Lot
Ratio
Required Rear
District
Rear
Side
Front
(feet)
(stories/feet)
Density
Rear
Area
Both
Front(10)
Yard (%)
Designation
One
(%)
(feet)
(stories/feet)
Residence Districts
R1-5A
5 acres
1 unit per 5 acres
400
3
--100
100
200
100
2/30
80
20
20
18
20
R1-2A
2 acres
1 unit per 2 acres
200
6
-100
60
30
70
100
2/30
80
20
20
18
20
R1-1A
1 acre
1 unit per 1 acre
125
10
-100
50
20
50
100
2/30
70
20
20
1/12
20
R1-20
20,000 s.f.
1 unit per 20,000
100
15
-100
50
15
35
50
2/28
70
20
20
1/12
20
s.f.
R1-15
15,000 s.f.
1 unit per 15,000
100
18
--50
15
35
30
2/28
70
20
20
1/12
20
s.f.
R1-10
10,000 s.f.
1 unit per 10,000
80
20
--(15)
75
30
10
25
25
2/2816
60
10
10
1/12
20
s.f.
R1-7
7,000 s.f.
1 unit per 7,000 s.f.
70
25
-50
25
8
20
25
2/28
50
3
3
1/12
30
R1-6
6,000 s.f.
60
28
--(15)
30
25
5
15
25
2/2816
50
3
3
1/12
30
RMF-6
5 acres
-15
--50(1)
25(2)
50
30(2)
2/30
50
50
50
1/12
0
RMF-10
5 acres
-20
--50(1)
25(2)
50
30(2)
2/30
50
50
50
1/12
0
RNG-12
2 acres
12 units per acre
-25(14)
--25
20(6)(14)
40(14)
25(6)
2/30
25
10(14)
10(14)
1/12
-RMF-16
5 acres
16 units per acre
-25
--25
25
50
25
2/30
25
10
10
1/12
0
RSC-25
2 acres
25 units per acre
-35
--25
20(4)
40
25(2)
2/30
25
10
10
1/12
0
RPH-20
2 acres
20 units per acre
-35
--25
20
40
25
2/30
25
10
10
1/12
40(3)
Nonresidence Districts
REC
20 acres
NA
-2
--200
100(7)
200
100(7)
3/40
200
50
50
40
0
(5)
RO
6,000 s.f.
-30
30
25
5
15
25(6)
2/28
50
3
3
1/12
30
OB
20 acres
NA
-10
0.25
-200
100(7)
200
100(7)
3/40
200
100
100
40
0
NB
10,000 s.f.
NA
50
60
50
10
0(9)
0
20
2/30
3
3
3
18
25
CB
-NA
40
70
See § 24650
25
0(9)
0
20
--/60
25
0(9)
20
60
0
5.4.4.1.1
GB
-NA
40
80
50
10
0(9)
0
20
--/35
10
0(9)
20
35
0
WF-A
40,000 s.f.
NA
125
35
--40
30
40
40
2/30
40
20
40(13)
30
0(13)
WF-B
30,000 s.f.
NA
125
35
--40
20
40
50
2/30
40
20
50
30
0
ORD
10,000 s.f.
NA
50
50
-25
0(9)
0
20
3/40
25
0(9)
20
35
0
LI
1 acre
NA
508
50
-60
50
0(9)
-30
3/50
50
--(9)
30
35
-NOTES:
04 - 15 - 2007
(9)
NA: Not applicable
Except, a minimum of 5 feet, if a side yard is provided, and a minimum of 10 feet where adjacent to a residence district.
(1)
(10)
Shall also be set back 25 feet from private roadway or common driveway.
Average front yard setback may control over minimum front yard setback. See § 246-4.4.2.3.
(2)
(11)
Except a minimum of 50 feet where adjacent to a one-family residence district.
Maximum building coverage for lots in an approved conservation subdivision shall be based upon a lot of the minimum
(3)
Accessory buildings shall not cover more than 15% of the total lot area.
size normally required in the district in which it is located.
(4)
(12)
Except that storage sheds accessory to a residence shall be no more than 10 feet in height.
(5)
(13)
Excluding essential waterfront accessory structues such as docks, boat launching ramps, fueling accommodations and
(6)
vessel pumpout stations.
(7)
(14)
These standards are applicable to the entire development site, not to individual dwelling unit lots.
(8)
(15)
See § 246-4.4.2.3.
See Section 4.9 of this chapter for FAR limitations in the Oyster Bay Hamlet Residence Design District.
(16)
Maximum permitted building height in the Oyster Bay Hamlet Residence District is 2 stories/25 feet.

final waterfront development plan

Transcription

Similar documents

clicking here - Town of Oyster Bay

sheriff`s activity report, page 9 classifieds, page 12

Summer Program 2016 - Town of Oyster Bay

Understanding people on the move in London Charles Buckingham

71 The Essex County seat, Tappahannock, is finally coming into its

Innovations in London`s transport: Big Data for a better customer

Our 2016 Media Kit

Annual Report 2011 - Family Services of Northeast Wisconsin

here

1st/2nd Quarter 2016 - Galveston Bay Foundation

Aw, shucks - Chefs Collaborative

Check out the latest Midlands Quarterly Newsletter

(Mya arenaria) and eastern oysters (Crassostrea virginica)

Archive of Crime 122208