Draft Environmental Impact Statement Newport Marine Club

DRAFT ENVIRONMENTAL IMPACT STATEMENT
NEWPORT MARINE CLUB

500 NEWPORT ROAD
TOWN OF IRONDEQUOIT
MONROE COUNTY
NEW YORK
FEBRUARY 2009
VOLUME I
LEAD AGENCY: TOWN OF IRONDEQUOIT

PLANNING BOARD
1280 TITUS AVENUE
ROCHESTER, NEW YORK 14617
PROJECT SPONSOR: RSM IRONDEQUOIT BAY DEVELOPMENT, LLC

197 WEST MAIN STREET
VICTOR, NEW YORK 14564
PREPARED BY: COSTICH ENGINEERING

217 LAKE AVENUE
SUPPLEMENTAL INFORMATION SUPPLIED BY:
BARKSTROM & LACROIX ARCHITECTS

ENVIRONMENTAL RESOURCES, LLC
FIX, SPINDELMAN, BROVITZ & GOLDMAN, P.C.
FOUNDATION DESIGN, P.C.
JAMES FAHY DESIGN
KNAUF SHAW LLP
FOR ADDITIONAL INFORMATION CONTACT:
PLANNING AND ZONING OFFICE

TOWN OF IRONDEQUOIT
1280 TITUS AVENUE
585-336-6015
DATE OF ACCEPTANCE OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT: February 10, 2009
DATE FOR SUBMISSION OF COMMENTS: March 20, 2009 @ 5:00 p.m.

Draft Environmental Impact Statement Newport Marine Club
Table of Contents
Volume I
1.0 Summary
1.1 Proposed Action .......................................................................................................... 1-1

1.2 Beneficial and Adverse Impacts.................................................................................. 1-1
1.2.1 Beneficial Impacts ................................................................................................ 1-1
1.2.2 Adverse Impacts ................................................................................................... 1-2
1.3 Proposed Mitigation Measures .................................................................................... 1-2
1.4 Alternatives Considered .............................................................................................. 1-3
1.5 Approvals and Permits ................................................................................................ 1-3
1.6 Involved and Interested Agencies ............................................................................... 1-3
1.7 Town Representatives ................................................................................................. 1-4
1.8 Project Sponsor ........................................................................................................... 1-4
1.9 Applicant’s Consultants .............................................................................................. 1-5
2.0 Description of the Proposed Action
2.1 Project Purpose Need and Benefit............................................................................... 2-1

2.1.1 Background and History ....................................................................................... 2-1
2.1.2 Public Need and Objectives based on Community Development Plans............... 2-2
2.1.2.1 Local Waterfront Revitalization Program and the Town Master Plan ........... 2-2
2.1.2.2 Irondequoit Bay Master Plan and the Proposed Harbor Management Law .. 2- 5
2.1.3 Objectives of the Project Sponsor........................................................................ 2- 8
2.1.4 Benefits of the Proposed Action .......................................................................... 2- 8
2.2 Project Location and Setting ...................................................................................... 2- 9
2.2.1 Geography of the Site .......................................................................................... 2- 9
2.2.2 Access to the Site ................................................................................................. 2- 9
2.2.3 Existing Zoning and Proposed Use.................................................................... 2- 11
2.2.4 Consistency and Compatibility with the Neighborhood .................................... 2- 13
2.3 Design and Layout ................................................................................................... 2- 13
2.3.1 Site Area ........................................................................................................... 2- 13
2.3.2 Structures ........................................................................................................... 2- 14
2.3.3 Parking ............................................................................................................... 2- 14
2.3.4 Boat Slips........................................................................................................... 2- 17
2.4 Construction and Operation ..................................................................................... 2- 19
2.4.1 Construction....................................................................................................... 2- 19
2.4.2 Operation ........................................................................................................... 2- 19
2.4.2.1 Home Owners Association .......................................................................... 2- 19
2.4.2.2 Accessory Uses ........................................................................................... 2- 20
2.4.2.3 Access ......................................................................................................... 2- 22
2.5 Environmental Requirements ................................................................................... 2- 22
2.5.1 State Requirements ............................................................................................ 2- 22
2.5.1.1 Use and Protection of Water (Article 15).................................................... 2- 22
2.5.1.2 State Pollutant Discharge Elimination System Permit (Article 17 and 70)-
Stormwater Discharge from Construction Activities .................................. 2- 23
2.5.1.3 Freshwater Wetlands (Article 24) ............................................................. 2- 24
2.5.1.4 Natural Protective Buffer Area (Article 34) ................................................ 2- 24
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February 2009
2.5.1.5 FEMA - Letter Map Amendment – Fill (LOMA-F) ................................... 2-25

2.5.2 Town of Irondequoit Zoning ............................................................................. 2- 25
2.5.2.1 Waterfront Development District ................................................................ 2- 25
2.5.2.2 Setbacks ...................................................................................................... 2- 26
2.5.2.3 Building Heights ......................................................................................... 2- 27
2.5.2.4 Environmental Protection Overlay Districts (EPODS) ............................... 2- 29
2.5.2.5 Site Capacity ............................................................................................... 2- 32
3.0 Environmental Setting
Natural Resources
3.1 Geology, Soils and Topography .................................................................................. 3-1
3.1.1 Geology ................................................................................................................ 3-1
3.1.2 Soils ..................................................................................................................... 3-1
3.1.3 Topography ........................................................................................................... 3-2
3.2 Water Resources.......................................................................................................... 3-3
3.2.1 Surface Water ....................................................................................................... 3-3
3.2.1.1 Drainage ........................................................................................................ 3-3
3.2.1.2 Irondequoit Bay Water Quality ...................................................................... 3-5
3.2.1.3 Flooding, Siltation and Erosion...................................................................... 3-6
3.3 Terrestrial and Aquatic Ecology ................................................................................. 3-6
3.3.1 Vegetation ............................................................................................................. 3-7
3.3.1.1 Threatened or Endangered Species ............................................................... 3- 7
3.3.2 Fish Shellfish and Wildlife .................................................................................. 3- 7
3.3.2.1 Threatened or Endangered Species ............................................................... 3- 8
3.3.3 Wetlands .............................................................................................................. 3- 8
3.3.3.1 Location ........................................................................................................ 3- 8
3.3.3.2 Characteristics ............................................................................................... 3- 9
Human Resources
3.4 Transportation ............................................................................................................ 3- 9
3.4.1 Traffic .................................................................................................................. 3- 9
3.4.2 Level of Service ................................................................................................. 3- 12
3.5 Land Use and Zoning ............................................................................................... 3- 12
3.5.1 Existing Land Use ............................................................................................ 3- 12
3.5.2 Existing Zoning ................................................................................................. 3- 13
3.5.3 Recommendations per Town of Irondequoit Master Plan and Local Waterfront –
Revitalization Program (LWRP) ........................................................................ 3-14
3.5.3.1 Master Plan................................................................................................... 3-14
3.5.3.2 Local Waterfront Revitalization Program (LWRP) ...................................... 3-15
3.6 Community Services ................................................................................................ 3- 15
3.6.1 Emergency Responders ..................................................................................... 3- 15
3.6.2 Utilities .............................................................................................................. 3- 15
3.6.3 Schools and Recreation ..................................................................................... 3- 16
3.7 Cultural Resources ................................................................................................... 3- 17
3.7.1 Visual Resources ............................................................................................... 3- 17
3.7.2 Historic and Archeological ................................................................................ 3- 18
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February 2009
4.0 Environmental Impacts and Mitigation
Natural Resources
4.1 Geology, Soils and Topography .................................................................................. 4-1
4.1.1 Soils ...................................................................................................................... 4-1
4.1.1.1 Impacts ........................................................................................................... 4-1
4.1.1.2 Mitigation ....................................................................................................... 4-2
4.1.2 Erosion Control..................................................................................................... 4-3
4.1.2.1 Impacts ........................................................................................................... 4-3
4.1.2.2 Mitigation ....................................................................................................... 4-3
4.1.3 Natural Protective Buffer Area ............................................................................ 4- 7
4.1.3.1 Impacts .......................................................................................................... 4- 7
4.1.3.2 Mitigation ...................................................................................................... 4- 7
4.2 Water Resources......................................................................................................... 4- 8
4.2.1 Stormwater .......................................................................................................... 4- 8
4.2.1.1 Impacts .......................................................................................................... 4- 8
4.2.1.2 Mitigation .................................................................................................... 4- 11
4.2.2 Floodplain .......................................................................................................... 4- 12
4.2.2.1 Impacts ........................................................................................................ 4- 12
4.2.2.2 Mitigation .................................................................................................... 4- 12
4.2.3 Wetlands ............................................................................................................ 4- 12
4.2.3.1 Impacts ........................................................................................................ 4- 12
4.2.3.2 Mitigation .................................................................................................... 4- 13
4.2.4 Irondequoit Bay ................................................................................................. 4- 14
4.2.4.1 Massaug Cove ............................................................................................. 4- 14
4.2.4.1.1 Impacts ........................................................................................... 4- 14
4.2.4.1.2 Mitigation ....................................................................................... 4- 14
4.2.4.2 Fertilizers and Herbicides ........................................................................... 4- 14
4.2.4.2.1 Impacts ........................................................................................... 4- 14
4.2.4.2.2 Mitigation ....................................................................................... 4- 14
4.2.4.3 Marina Operations....................................................................................... 4- 15
4.2.4.3.1 Impacts ........................................................................................... 4- 15
4.2.4.3.2 Mitigation ....................................................................................... 4- 15
4.3 Terrestrial and Aquatic Ecology .............................................................................. 4- 16
4.3.1 Vegetation .......................................................................................................... 4- 16
4.3.1.1 Impacts ........................................................................................................ 4- 16
4.3.1.2 Mitigation .................................................................................................... 4- 16
4.3.2 Fish Shellfish and Wildlife ................................................................................ 4- 17
4.3.2.1 Impacts ........................................................................................................ 4- 17
4.3.2.2 Mitigation .................................................................................................... 4- 17
Human Resources
4.4 Transportation .......................................................................................................... 4- 17
4.4.1 Traffic ................................................................................................................ 4- 17
4.4.1.1 Impacts ........................................................................................................ 4- 17
4.4.1.2 Mitigation .................................................................................................... 4- 18
4.4.2 Level of Service ................................................................................................. 4- 18
4.4.2.1 Impacts ........................................................................................................ 4- 18
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February 2009
4.4.2.2 Mitigation .................................................................................................... 4- 18

4.4.3 Temporary Construction ................................................................................... 4- 18
4.4.3.1 Impacts ........................................................................................................ 4- 18
4.4.3.2 Mitigation .................................................................................................... 4- 19
4.5 Land Use and Zoning ............................................................................................... 4- 19
4.5.1 Conformance with Existing Land Use and Zoning ........................................... 4- 19
4.5.1.1 Impacts ........................................................................................................ 4- 19
4.5.1.2 Mitigation .................................................................................................... 4- 20
4.5.2 Surrounding Area .............................................................................................. 4- 20
4.5.2.1 Impacts ........................................................................................................ 4- 20
4.5.2.2 Mitigation .................................................................................................... 4- 21
4.6 Community Services ................................................................................................ 4- 21
4.6.1 Emergency Responders ..................................................................................... 4- 21
4.6.1.1 Impacts ........................................................................................................ 4- 21
4.6.1.2 Mitigation .................................................................................................... 4- 22
4.6.2 Utilities .............................................................................................................. 4- 22
4.6.2.1 Impacts ........................................................................................................ 4- 22
4.6.2.2 Mitigation .................................................................................................... 4- 23
4.6.3 Schools and Recreation ..................................................................................... 4- 24
4.6.3.1 Impacts ........................................................................................................ 4- 24
4.6.3.2 Mitigation .................................................................................................... 4- 24
4.6.4 Town of Irondequoit ........................................................................................... 4-24
4.6.4.1 Impacts ......................................................................................................... 4-24
4.6.4.2 Mitigation ..................................................................................................... 4-25
4.7 Cultural Resources ................................................................................................... 4- 25
4.7.1 Visual Resources ............................................................................................... 4- 25
4.7.1.1 Impacts ........................................................................................................ 4- 25
4.7.1.2 Mitigation .................................................................................................... 4- 29
4.7.2 Historic and Archeological ................................................................................ 4- 29
4.7.2.1 Impacts ........................................................................................................ 4- 29
4.7.2.2 Mitigation .................................................................................................... 4- 30
5.0 Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented ... 5-1
6.0 Alternatives
6.1 Alternative A – No Action .......................................................................................... 6-1

6.2 Alternative B – Consistent with Town Master Plan .................................................... 6-2
6.3 Alternative C – Comments to Date – Alternative Size ............................................... 6-3
6.4 Alternative D – Townhouses – Alternative Use.......................................................... 6-4
6.5 Alternative E – Assessment of Existing Requirements ............................................... 6-4
7.0 Irreversible and Irretrievable Commitment of Resources.................................................. 7-1
8.0 Growth Inducing Impacts .................................................................................................. 8-1
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February 2009
List of Tables
Table No. Description Page
Table 1 Design Standards ................................................................................................ 2-11
Table 2 Required Parking Space Count ......................................................................... 2- 14
Table 3 Provided Parking Space Count ......................................................................... 2- 15
Table 4 Bulk Density ..................................................................................................... 2- 26
Table 5 Building Setbacks ............................................................................................. 2- 27
Table 6 Existing Storm Water Peak Flow Rates ............................................................... 3-4
Table 7 Existing and Previous Traffic Volumes ............................................................ 3- 11
Table 8 Proposed Storm Water Peak Flow Rates ............................................................. 4- 8
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February 2009
List of Exhibits
No. Description
Exhibit 1 Site Plans

Exhibit 2A(1) Letter of Intent (Revised April 30, 2008)
Exhibit 2A(2) Application to the Planning Board
Exhibit 2A(3) Full Environmental Assessment Form
Exhibit 2A(4.1) Planning Board Minutes (May 12, 2008)
Exhibit 2A(4.2) Planning Board Minutes (June 23, 2008)
Exhibit 2A(4.3) Planning Board Minutes (July 23, 2008)
Exhibit 2A(4.4) Planning Board Minutes (August 11, 2008)
Exhibit 2A (5.1) Record of Decision (May 12, 2008)
Exhibit 2A (5.2) Record of Decision (June 23, 2008)
Exhibit 2A (6) Draft Scope (July 7, 2008)
Exhibit 2A (7) Memorandum to Planning Board from LaBella Associates
dated August 8, 2008
Exhibit 2A(8) Letter to Fix, Spindleman et al from Harris, Chesworth et al
dated August 26, 2008
Exhibit 2B Recommended Uses from Harbor Management Plan
Exhibit 2C Local Map
Exhibit 2D Aerial Map
Exhibit 2E Existing Newport Road
Exhibit 2F Town of Irondequoit Zoning Map
Exhibit 2G (1) EPOD 1 – Wetlands
Exhibit 2G (2) EPOD 2 – Steep Slopes
Exhibit 2G (3) EPOD 3 – Woodlots
Exhibit 2G (4) EPOD 4 - Floodplain
Exhibit 2G (5) EPOD 5 – Watercourse Protection District
Exhibit 2G (6) EPOD 6 – Coastal Erosion Area Protection District
Exhibit 2G (7A) EPOD – Overlay - Existing Development
Exhibit 2G (7B) EPOD – Overlay - Proposed Development
Exhibit 2H Site Capacity Worksheet
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February 2009
Exhibit 2I Boat Slip Capacity References

Exhibit 3A Soils Map
Exhibit 3B Angle of Repose Cross Section
Exhibit 3C FEMA Floodplains Map
Exhibit 3D Calculations for Sewage Pump Station – 1985
Exhibit 3E (1) Photo Simulation – No. 42 Mooring Line Drive
Exhibit 3E (4) Photo Simulation – 200 Feet East of Docks
Exhibit 3E (5) Photo Simulation – Under Bay Bridge
Exhibit 3F Archeo Sensitive Areas
Exhibit 3G Newport Topography 1980’s ±
Exhibit 4A Letter to RSM Development from Foundation Design, P.C.
dated November 11, 2008
Exhibit 4B Letters from Emergency Responders
Exhibit 4C Letters from Private Utility Companies
Exhibit 4D Proposed Building Elevations and Renderings
No Exhibit 5
Exhibit 6A Alternative B - Newport House Boat Storage Facility Plans
Exhibit 6B Alternative C - Sketch Plan (Drawing No. 224-K)
Exhibit 6C Alternative C - Building Elevations
Exhibit 6D Alternative D - Sketch Plan Townhome (Drawing No. 224-D)
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February 2009
References
- America Association of State Highway & Transportation Officials “A Policy on Geometric

Design of Highways and Streets”, 2004
- Defresne-Henry, “Irondequoit Bay Harbor Management Plan”, November 2003
- FES Associates, “Great Sodus Bay Harbor Management Plan”, 2000
- Honeoye Lake Watershed Task Force, “Honeoye Lake Watershed Plan”, 2005
- “Irondequoit Creek Watershed Stormwater Management Report Requirements – Packet for
Developers”, 2004
- Land/Design Research, Inc. et al, “Master Plan for the Town of Irondequoit, New York”
December 1985
- Lewandowski, “Recreation Survey – Canandaigua Lake Watershed: Final Report”, 2001
- Monroe County Department of Planning, “Draft Irondequoit Bay Plan”, 1992
- Monroe County Department of Planning, “Statistical Analysis of Parking by Land Use”,
August 2007
- New York State Department of Environmental Conservation, “Environmental Compliance,
Pollution and Self-Assessment Guide for the Marine Industry”, March 2003
- New York State Department of Environmental Conservation, “New York State Stormwater
Management Design Manual”, January 2007
- Olvany, “Canandaigua Lake Peak Boat Usage Inventory and Carrying Capacity Analysis
(3rd Draft)”, 2008
- SUNY College at Brockport – Environmental Science Program, “Biological Study of
Irondequoit Bay”, December 2002
- “Town of Irondequoit Local Waterfront Revitalization Program”, Adopted April 21, 1988
- Transportation Research Board, “Highway Capacity Manual”, 2000
- US Army Corps of Engineers, “Wetland Delineation Manual – Environmental
Laboratory”, 1987
viii
February 2009
Volume II
Appendices
Appendix A Newport House Club – Geotechnical Evaluation, December 2007 by Foundation

Design, P.C.
Appendix B1 Wetland Delineation Report, November 19, 2008 by Environmental Resources,

LLC
Appendix B2 Letter Report to Costich Engineering from Environmental Resources, LLC

Re: Evaluation for Presence of Significant Floral and Faunal Habitat and
Species, dated November 24, 2008
Appendix B3 Letter Report to Costich Engineering from Environmental Resources, LLC

Re: Woodlot Protection District Evaluation Report, dated December 10, 2008
Appendix C Irondequoit Creek Watershed – Stormwater Management Report, December 2008

Costich Engineering
Appendix D Transportation Impact Analysis – Proposed Newport Marine Club, March 2008
Costich Engineering
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February 2009
1.0 Summary
1.1 Proposed Action

The proposed action is the redevelopment of the former Newport House and Marina property
on the west bank of Irondequoit Bay at 500 Newport Road in the Town of Irondequoit, Monroe
County, New York. The project sponsor, RSM Irondequoit Bay Development, LLC, proposes
to construct four (4) multi-level buildings containing forty-seven (47) for sale residential
condominium style units, nine (9) townhome style units in three (3) buildings, and a clubhouse,
and to maintain the existing one-hundred eighty-seven (187) dock slips (85 for residents, 92 for
outside users, 10 for visitors). The project is located in the Waterfront Development District
(WD).
The project requires a preliminary and final site plan approval, the issuance of Environmental
Protection Overlay Permits (EPOD) and the issuance of a Special Use Permit, all from the from
the Town of Irondequoit Planning Board, and State Pollutant Discharge Elimination System
(SPDES) and freshwater wetland permits from the New York State Department of
Environmental Conservation (NYDEC). The project will also obtain a map amendment from
the Federal Emergency Management Agency for filling a small area of the property.
The project has been classified as an Unlisted Action under the State Environmental Quality
Review Act (SEQRA), and subjected to coordinated review. The Lead Agency is the Town of
Irondequoit Planning Board, which has made a Positive Declaration that there could be some
significant environmental impacts associated with the project. .
This Draft Environmental Impact Statement (DEIS) is to be utilized to assess environmental

impacts of the project before any involved agency gives any approval for the project.
1.2 Beneficial and Adverse Impacts

1.2.1 Beneficial Impacts include:
• Addition of an exclusive upscale residential development to the community
• Additional tax revenue to Monroe County, Town of Irondequoit and the East
Irondequoit Central School District
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February 2009
• Stabilizing the base of a slope along the south property line

• Decreasing the amount of stormwater runoff from the site
• Decreasing the phosphorus and nitrogen loadings from stormwater runoff to
Irondequoit Bay
• Higher property value after the project is constructed
• Additional landscaping of the site
• Elimination of views of a boat storage facility
• Demolition of a deteriorating and dilapidated Newport House building
• Additional jobs associated with the construction project and post construction
operations
1.2.2 Potential Adverse Impacts include:

• Grading portions of the site which could increase the possibility of erosion
• Minimal filling in a floodplain with an altered site appearance.
• Construction of buildings, pavements and other improvements in a wetland buffer
• Additional traffic associated with the development and temporary construction traffic
along Newport Road
• Increased demands placed on emergency services, utility services and infrastructure
• Additional students to the school system
• Diminished views of the Bay during winter months from Mooring Line Drive
• Removing available dock space from the general public and reserving the spaces to
Marine Club residents.
• Loss of underdeveloped waterfront property
• Consumption of energy, building supplies, fuel and labor during construction
1.3 Proposed Mitigation Measures

• Design and compilation of an extensive Stormwater Pollution Prevention Plan (SWPPP)
• Elevation of buildings above the base flood elevation
• Implementation of temporary and permanent measures to mitigate any potential soil
erosion
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February 2009
• Continued implementation by the Newport Marina of Best Management Practices,

including a Integrated Pest Management (IPM) program
• Implementation of a maintenance and protection of traffic program along Newport Road
during construction
• Performance of earthwork operations during the summer months
• Repair of an off-site drainage channel that has been eroded.
• Use of lighting fixtures which, point down, have low mounting heights and are dark sky
compliant.
1.4 Alternatives Considered

Alternative A – No Action
Alternative B – Private Marina and/or Restaurant (Town Master Plan)
Alternative C – Lower Density Plan
Alternative D – Townhouse Style Development
Alternative E – Plan consistent with EPODS, WD Zoning, LWRP and Irondequoit Bay Harbor
Management Plan
1.5 Approvals and Permits

• Use and Protection of Water (ECL Article 15) – Not Required
• State Pollutant Discharge Elimination System (ECL Article 17) – Construction Activities
• Freshwater Wetlands (ECL Article 24)
• Natural Protective Buffer Area (ECL Article 34) – Not Required
• Site Plan (Irondequoit Zoning Law Article XV)
• Special Use Permits (Irondequoit Zoning Law Article XVI)
• Environmental Protection Overlay District Permits (EPOD) (Irondequoit Zoning Law
Article XI)
1.6 Involved and Interested Agencies

• United States Army Corps of Engineers
• Federal Emergency Management Agency
• New York State Department of Environmental Conservation
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February 2009
• Monroe County Engineering and Health Departments

• Town of Irondequoit Planning Board
1.7 Town Representatives

Town of Irondequoit Planning Board –Lead Agency
Andrew Hintenach – Chair
Jay Ricci
Cheri Evershed
Robert Spatola
Ray McDonald
Peter Wehner
Michael Palermo
Michael P. Leone, Esq. – Deputy Town Attorney
Michelle Nichols –Recording Secretary
Town of Irondequoit Planning and Zoning Office
Anthony Favro – Senior Planner
Town of Irondequoit Town Engineer
LaBella Associates, P.C.

300 State Street, Suite 201
Rochester, New York 14614
Michael Schaffron, P.E.
1.8 Project Sponsor

RSM Irondequoit Bay Development, LLC
197 West Main Street
Victor, New York 14425
Steven Mancini
585-924-8503
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February 2009
1.9 Applicant’s Consultants

Barkstrom & LaCroix Architects
50 Chestnut Plaza
Richard LaCroix, RA
585-262-9914
Costich Engineering
217 Lake Avenue
Mark Costich P.E.
585-458-3020
Environmental Resources, LLC

33 Kress Hill Drive
Spencerport, New York 14559
Gene Pellett
585-594-4450
Fix, Spindelman, Brovitz & Goldman, P.C.

295 Woodcliff Drive
Suite 200
Fairport, New York 14450
Jerry Goldman, Esq.
585-641-8000
Foundation Design, P.C.

335 Colfax Street
James Baker, PE M.ASCE
585-458-0824
James Fahy Design

2024 West Henrietta Road Suite 3K
James Fahy, RA
585-272-1650
Knauf Shaw LLP

1125 Crossroads Bldg.
2 State Street
Alan Knauf, Esq.
585-546-8430
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February 2009
2.0 Description of the Proposed Action
2.1 Project Purpose, Need and Benefit

The project sponsor, RSM Irondequoit Bay Development LLC (RSM), has proposed the
construction of a high quality residential development to be known as Newport Marine
Club. The operation of the Homeowners Association, the Nautica Clubhouse and the
Marina is detailed within Section 2.4.2 of this document. The project will cater toward
upscale singles, couples or small families who desire access to Irondequoit Bay for
boating, water sports and other recreational activities while providing the ease and comfort
of community living in townhouse or condominium style maintenance free living units
governed by a condominium association. Residents will benefit from scenic views,
pleasing architecture, and extensive landscaping which will bring an essence of a New
England waterfront village setting to the property.
2.1.1 Background and History

On April 4, 2008, RSM Irondequoit Bay Development LLC filed an application with
the Town of Irondequoit Planning Board for Site Plan approval and a Special Use
Permit for the development of the Newport Marine Club. A full Environmental
Assessment Form and supplements were included with the application, in compliance
with the State Environmental Quality Review Act (SEQRA). On May 12, 2008, the
Town of Irondequoit Planning Board discussed the proposal with RSM at a public
hearing in which the Town received comments and concerns from the public. At that
time, the Planning Board declared itself Lead Agency. On June 23, 2008, the Planning
Board made a Positive Declaration that the project could potentially have significant
environmental impacts; therefore, an environmental impact statement would be
necessary to assess the environmental impacts of the project. On July 23, 2008, a
Scoping hearing was held by the Planning Board to define the topics to be discussed in
this draft Environmental Impact Statement (DEIS), and on August 11, 2008, the
Planning Board adopted the Scope. Pertinent documentation regarding the procedural
history of the application is included in Exhibit 2A.
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February 2009
Future activities include the review and acceptance of the DEIS, the publication and
public comment period for the DEIS, the preparation of a Final Environmental Impact
Statement (FEIS), the preparation of a Statement of Findings and finally the
deliberation on the preliminary site plan approval, special use permits and EPOD
permits for the project by the Town of Irondequoit Planning Board, and issuance of
permits by NYSDEC.
2.1.2 Public Need and Objectives Based on Community Development Plans

2.1.2.1 Local Waterfront Revitalization Program (LWRP) and the Town Master
Plan
The Newport Marine Club project is consistent with to the Master Plan for the
Town of Irondequoit (1985) (Master Plan) and the Irondequoit Local Waterfront
Revitalization Program (1988) (LWRP). This project coincides with the
development opportunities, zoning, land use, habitat areas, water resources, scenic
resources, and public access policies proposed by both the Master Plan and the
LWRP.
Policy 19 of the LWRP states:

“Protect, maintain and increase the level and types of access to public, water-related
recreational resources and facilities so that these resources and facilities may be fully
utilized by all the public in accordance with the reasonably anticipated public
recreation needs and the protection of historic and natural resources. In providing
such access, priority shall be given to public beaches, boating facilities, fishing areas
and waterfront parks.
19A Improve and expand public access opportunities on Irondequoit bay Creek,
Monroe County Bay Park West and Durand-Eastman Park, Newport Road and Sea
Breeze.”
The site operates today as a private commercial marina, with primary access
provided to dock slip renters and their guests. These provisions will be available
under the proposed development.
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February 2009
This application entails the development of a gated community with private

residences consisting of high-end condominium and townhouse units. The
provisions of a gated community will provide additional safety and security for the
residents and their property of the Newport Marine Club. The project will also
provide public access to the Bay through the renting a boat slip, accompanying a
key holder of the Club, or accessing the site by boat from the Bay. These options
should meet the reasonable anticipated needs of the public to access the Bay for
recreational use.
The site is currently private with limited public access. The proposed project will
remain primarily private, with little change in the public access to the site and the
Bay. The Newport Marine Club will provide public access to boat slip owners and
the marine facilities.
Most of the development properties in the central portion of Irondequoit Bay have
been developed and, with the limited amount of land available for future
development, the existing potential development sites provide a unique
opportunity. These properties provide the opportunity for the Town to expand its
tax base and enhance its image. The Master Plan also suggested that the Town
encourage a variety of housing types to meet that changing needs of Irondequoit’s
older population. (Master Plan at 95). The LWRP recognizes the potential for
residential development of the Newport Road site, along with use as a marina. The
Newport Marine Club project is consistent with the development aspects of both
the Master Plan and the LWRP. This proposal provides a substantial increase to the
Town’s tax base, proposes a variety of housing types, and minimizes intrusion into
the sensitive areas of the site.
The Newport House was zoned for commercial waterfront use at the time that the
Master Plan was completed. The subsequent Irondequoit LWRP suggested that the
property be rezoned to the Waterfront Development District, which is the present
zoning of the project.
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The Town Master Plan recommends that the land uses for the property include a
private marina and/or restaurant use with flexibility to provide other appropriate
land uses. Master Plan at 96. The LWRP states: “Provision of greater public
access to the Bay is also proposed for the site of the Newport House, through the
private development of a boat docking facility. This use is considered appropriate
given the fact that the site of the Newport House is one of the few locations on
Irondequoit Bay that contains sufficient space to accommodate parking requirements
and will also not require excessive dredging.” LWRP at IV-14. The Newport
Marine Club abides by these recommendations proposing a privately developed boat
docking facility, marina with public access, clubhouse facilities and residential units
with adequate parking.
Newport Cove has been identified as a wildlife resource area for fish and wildlife
in wetland and upland areas in the LWRP. The project will not materially affect
any wildlife resource areas but instead develop in areas that have previously been
developed.
The Irondequoit Local Waterfront Revitalization Program describes Irondequoit

Bay is an important water resource which is fairly deep and narrow in the area of
the Newport Marina. The Bay basin is approximately 78 feet deep, which allows
disposition of sediments entering the Bay while at the same time afford a water
level, which would not impede navigation. Newport Cove, just north of the project
site, has been identified as a significant environmental area that comprises wetland,
upland, and open water that provides habitats for fish and wildlife populations.
Since the project will not alter the existing docks, neither Irondequoit Bay nor
Newport Cove will be affected by this project.
Scenic resources are identified in the LWRP, one of which is the shore area of
Newport Point. Other areas surrounding the Bay have limited the visibility due to
accessibility, topography, land ownership, tree and ground cover and lack of
entrance roads. The project will not diminish the visibility of the Bay at the shore
area of Newport Point.
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A public access policy was listed in the LWRP that stated that there should be a
strategy to improve and expand access opportunities along Newport Road. This
project does exactly that. The redevelopment of the property with the construction
of townhome and condominium style units will provide the opportunity to enjoy
waterfront living.
The LWRP states:

“Protect, maintain and increase the level and types of access to public, water-
related recreational resources and facilities so that these resources and facilities
may be fully utilized by all the public in accordance with the reasonably
anticipated public recreation needs and the protection of historic and natural
resources. In providing such access, priority shall be given to public beaches,
boating facilities, fishing areas and waterfront parks.”
The site operates today as a privately owned commercial marina, with access
provided to dock slip renters and their guests. These provisions will still be
available under the proposed development with approximately 92 slips available to
the public.
This application entails the development of a private, gated community with high-
end condominium and townhouse units. The project is intended to cater to the
people who would expect restricted, exclusive area which will be safe and secure.
The land is privately owned and it would not be reasonable for the Town to expect
that the RSM Irondequoit Bay Development must provide unrestricted public
access through their property.
Therefore, the Newport Marine Club development conforms to the goals, policies
and recommendations of the Town of Irondequoit Master Plan and the Irondequoit
Local Waterfront Revitalization Program.
2.1.2.2 Irondequoit Bay Harbor Management Plan and the Harbor Management
Law
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The Project is consistent with both the Irondequoit Bay Harbor Management Plan
(March 2003) and the new Harbor Management Law (adopted September 16,
2008).
The Harbor Management Plan was developed by the Towns of Irondequoit,

Penfield and Webster to serve as an addendum to the Local Waterfront
Revitalization Plan for each Town. It “addresses the regulation and use of the
water surface.” Harbor Management Plan at vii. While the Plan itself is merely a
guideline, and not a law, it called for the Towns of Irondequoit, Penfield and
Webster to adopt a uniform Harbor Management Law, which Irondequoit and
Penfield have now enacted.
Among the main goals stated in the Harbor Management Plan is to “[p]romote and
improve existing water dependent commercial and recreational uses where access,
utilities and parking can be made available without significant impact on the Bay’s
resource value,” and “[e]ncourage… expansion of” “water dependent recreational
uses,” in “Waterfront Development Districts.” Harbor Management Plan at 67.
The proposed enhancement of the Marina meets those objectives. The Harbor
Management Plan also calls for Stormwater Best Management Practices, which, as
detailed in DEIS Section 4.2.1, the Project meets. Harbor Management Plan at 93.
Both the Plan and the Law divide Irondequoit Bay into various areas, including the
Harbor Area (HA) and Resource Protection Areas (RP). See Water Surface Use
Map Harbor Management Plan at 122 (DEIS Exhibit 2B); Exhibit A to Harbor
Management Law. There are only four Harbor Areas on the Bay, and one of them,
the Center Harbor, is specifically designated as “the area around Newport Marina.”
Harbor Management Plan at 78. Newport Cove is in a Resource Protection Area.
The Harbor Area includes the entire Newport Marina except the westernmost dock
located in Newport Cove, and fingers to the west of the adjacent dock, which are in
the Resource Protection Area. Thus, only a small portion of the Marina is located
in the RP, and it is principally in the HA.
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The Harbor Areas are designed to provide “public access, safe refuge, transient
berthing and economic development opportunity.” Harbor Management Plan at
78. Clearly, the Project is in line with the goal of economic development for the
Harbor Area. The Marina also provides safe refuge and transient berthing, and
since it is not an exclusive club, but rather is open to the public for seasonal
docking, it provides public access.
The Plan specifically states that “[t]he recommended carrying capacity for the
Center Harbor Area is 217,” Harbor Management Plan at 78, which is far greater
than the total of 184 located at the Marina (which includes the 36 slips in the RP).
Harbor Management Law §III (B) (3) (d) (ii) has codified that allocation, requiring
that “the regulated capacity for the Center Harbor Area is a total of two hundred
seventeen (217) boats.” Thus, the Marina has a capacity below the limit set by
both the Plan and the Law.
Resource Protection Areas are designed to protect environmentally sensitive

features. While boat storage is discouraged, “[i]f permitted, dock, slip and
mooring development in Resource Protection Areas would be limited based on
proximity to significant habitat areas and their potential impact on environmental
features.” Harbor Management Plan at 77 [emphasis added]. While the Harbor
Management Plan is focused on limiting “development” of new slips in the RP,
neither the Plan nor the Harbor Management Law calls for the removal of
preexisting slips, such as those at Southpoint Marina at the south end of the Bay, or
the few slips in the RP in Newport Cove. See Harbor Management Law §III (B)
(1) (a). Further, given the stated capacity of the Center Harbor as 217, and its
clear limitation to the Newport Marina, as shown on the Water Surface Use Map,
the apparent intent was to include the RP slips as part of the calculus for the
capacity of the Center Harbor.
Furthermore, even if the Plan or the Proposed Law were law and did prohibit
docks in the RP, RSM has vested rights to the preexisting docks as nonconforming
structures. Therefore, they are grandfathered, and it would be unconstitutional to
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require their removal. See Town Zoning Law §235-30.10. The Harbor
Management Plan recognizes that such uses are grandfathered as “pre-existing
non-conforming uses.” Harbor Management Plan at xv.
Thus, Newport Marina is largely located within a designated Harbor Area where
economic development is encouraged. Furthermore, not only are the existing 187
spaces are less than the capacity of the Center Harbor Area, but the preexisting
docks in the Resource Protection Area are grandfathered.
2.1.3 Objectives of the Project Sponsor

The project sponsor has a history of developing upscale properties. The Newport
Marine Club residences will be constructed with the craftsmanship, materials and
quality, which will place the pricing of the units in the upper end for waterfront
condominiums in this area. The pricing of the units will allow the project sponsor to
obtain a reasonable return on their investment while at the same time provide a specific
product to meet an unsatisfied consumer demand for upscale waterfront living. Town
Assessor, Terie Huseby, has been quoted in the Irondequoit Post saying, “Waterfront
properties are looked at somewhat differently since there is a small supply and a high
demand, its location and the market, waterfront sells.”
2.1.4 Benefits of the Proposed Action

The Town of Irondequoit and the immediate neighborhood will gain from this
development. The project will eliminate a utilitarian commercial marina operation,
with unregulated automobile and pedestrian traffic and off-season on-site boat storage
and potentially a restaurant and bar, and replace it with a distinctive, exclusive,
residential complex that supplements and enhances the surrounding neighborhood. A
more restrictive automobile and pedestrian access to the area will enhance the safety
and security of the neighborhood. Restricted access to the site will limit the amount of
traffic and the associated noise from the site. Public boaters will be able to access the
fueling and pump-out facilities at the marina, but the existing boat launch facilities will
remain for the use of the boat slip owners exclusively.
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Residents of the Newport Marine Club will have the benefit of bayside living with
scenic views appealing architecture and extensive landscaping in a private setting with
elegant homes. This will promote a neighborhood setting that will be in harmony with
the surrounding area.
The community will also benefit from additional real property tax revenues that the
development will generate. It is estimated that the project could ultimately provide an
annual addition of $259,000 in Monroe County and Town of Irondequoit taxes, and
another $668,000 per year in school taxes.
2.2 Project Location and Setting

2.2.1 Geography of the Site
The project is located at the eastern terminus of Newport Road (500 Newport Road),
approximately 200 feet north of Mooring Line Drive and 550 feet south of the
Irondequoit Bay Bridge (New York State Route 104) in the Town of Irondequoit,
Monroe County, New York. (See Exhibit 2C.) The site with an area of approximately
5.9 acres is approximately five miles northeast of downtown Rochester along the
western shore of Irondequoit Bay, immediately south of Newport Cove. Irondequoit
Bay is approximately half a mile wide and four miles long. The deepest part of the Bay
is just north of the Bay Bridge, which carries Route 104 between the Town of
Irondequoit and the Town of Webster. The property is rectangular shaped with the
northern and eastern boundaries having Bay frontage of approximately 600 feet along
Newport Cove and 450 feet along the western shore of Irondequoit Bay, respectively.
2.2.2 Access to the Site

Newport Road, a two lane, two-way local street, is approximately 0.5 miles (2,650 ft.)
long, and extends between East Ridge Road, a local arterial road, and the project site.
The roadway is owned and maintained by the Town of Irondequoit, and functions as a
local roadway. Newport Road provides access to three (3) residential side streets, Bay
Knoll Road, Baycrest Drive, and Mooring Line Drive, as well as the existing marina at
the road terminus. For a number of years there was a restaurant (The Newport House)
at the road terminus, a 500± seat facility that generated restaurant and night club
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February 2009
traffic. The restaurant closed in approximately 2005/2006. Approximately 100

residences are accessed by the roadway. The roadway does not connect to any through
roadways so the only current traffic on Newport Road is associated with the current
residential developments and marina uses. (See Exhibit 2D.)
The posted speed limit on Newport Road is 25 MPH, with a posted advisory speed of
15 MPH, approximately 1,000 feet north of East Ridge Road in advance of a curve in
the road alignment. The pavement width varies from 20 feet to 24 feet, and there is
asphalt curbing along much of the roadway. The pavement is generally in good
condition, while portions of roadway have been recently resurfaced.
Accident data from 2003, 2004, 2005, when the Newport House was in operation,
shows that one accident occurred on the roadway, and it was due to a sun glare issue at
the East Ridge Road intersection. Approximately 10 years ago, a single vehicle traffic
accident resulted in a fatality when a car ran off the road. At the time of the accident,
there was no guide rail along the northwest roadside fill slope. There is currently a
roadway guide rail along the fill slope at the accident location. Based on the accident
data, there is no evidence of any safety concerns on the roadway.
Newport Road will operate sufficiently after the proposed development of the Newport
Marine Club. The roadway has excess capacity, sufficient pavement width and
adequate sight distances based upon the posted speed limits, to provide the safe
efficient passage of motorists. Existing traffic has been counted at various
intersections during peak periods on Newport Drive. It was found that the existing
roadway has excess capacity to more than accommodate the proposed Newport Marine
Club development. The traffic volumes counted added to the estimated traffic volumes
associated with the project will not significantly affect traffic operations along
Newport Road. See Appendix D for the Transportation Impact Analysis. The pavement
width of Newport Road varies, but is a minimum of 20 feet wide, which meets the
accepted design standards of the American Association of State Highway and
Transportation Officials (AASHTO) for “Local Urban Streets” as shown in Table 1.
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TABLE 1 – DESIGN STANDARDS

(AASHTO – “Local Urban Streets”)
Criteria Recommended Newport Road
Posted 25 mph and posted
Design Speed Less than 30 mph
advisory speed of 15 mph
Sight Distance (15 mph) Min. 80’ Greater than or equal to 80’
Grade Less than 15% Less than or equal to 15%
Horizontal Alignment Min. curve radius = 75’ Min. curve radius = 90’
Cross Slope 2% - 6% 2% - 6%
Width of Travel Way Min. 20’ 20’ – 24’
Horizontal Clearance to Obstructions Min. 18’’ from curb Min. 24’’ from curb
Attached in Exhibit 2E is a map based on a field survey of the roadway. Horizontal

alignment of the roadway is curvilinear with a 12% vertical grade along the central
portion of the roadway between East Ridge Road and the project site. The horizontal
and vertical alignment of the roadway meets AASHTO design standards. Available
sight distance along the curves of Newport Road exceeds the require sight distance in
accordance with AASHTO, for the advisory posted speed of 15 MPH. The existing
roadway meets the anticipated needs of the proposed development in regards to
capacity, road widths, geometry and sight distances.
2.2.3 Existing Zoning and Proposed Use

The existing zoning district of the property is “Waterfront Development District”
(WD) as depicted on the official Town of Irondequoit Zoning Map. (See Exhibit 2F.)
The zoning of all adjacent parcels is Residential R-1. The Town Zoning Law states
that the Waterfront Development District (WD) “is designed to provide a suitable
character and stable environment for the establishment and maintenance of water-
dependent and/or water-enhanced uses and activities along the shorelines of Lake
Ontario and Irondequoit Bay.” Town Code §235-31(A). “The district is also designed
to protect the unique and sensitive environmental features that exist along the lake and
bay shorelines. Town Code §235-31(A). “The district is also designed to promote and
encourage public access to the shoreline appropriate water-oriented recreational uses
within the shore zone and other appropriate water-oriented development within the
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shore zone.” Town Code §235-31(A). The WD district is intended to include

“moderate-density residential development, as well as certain commercial, recreational
and open space uses that serve the residents of and visitors to this district.” Town Code
§235-31(B).
Permitted uses in this zoning classification include the following uses allowed by
Special Permit (paragraphs labeled per Town Code §235-32):
(4) Multifamily dwellings, apartment buildings or other similar uses, subject to special
use permit approval issued by the Town Planning Board in accordance with the
provisions of Article XV of this chapter.
(5) Townhouses, single-family attached dwellings; row houses and other similar uses,
subject to special use permit approval issued by the Town Planning Board in
accordance with the provisions of Article XV of this chapter.
(10) Yacht clubs or other similar uses subject to special use permit approval issued by
the Town Planning Board in accordance with the provisions of Article XV of this
chapter.
(11) Marinas, boat docks, docking basins, boat launching ramps, including related
retail sales of pleasure boats, marine and fishing supplies, and other similar uses,
subject to special use permit approval issued by the Town Planning Board in
accordance with the provisions of Article XV of this chapter.
(12) Boat building and boat construction facilities, boat service, repair, rental and
storage facilities or other similar uses, subject to special use permit approval issued by
the Town Planning Board in accordance with the provisions of Article XV of this
chapter.
(15) Combinations of permitted principal uses based on a determination by the Town

Planning Board that such combinations are appropriate for the proposed waterfront
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February 2009
area and are compatible with the purpose and intent of this district as well as the goals
and policies of the Local Waterfront Revitalization Program (LWRP), subject to
special use permit approval issued by the Town Planning Board in accordance with
the provisions of Article XV of this chapter.
The project will be reviewed under the Site Plan review process prescribed by Article
XV of the Town Zoning Law, and the Special Use Permit process set forth in Town
Zoning Law Article XVI.
The development of multifamily dwellings, townhomes, and the operation of a yacht

club, boat service facilities and a marina are all part of the Newport Marine Club
project. Therefore, the application is in conformance with the Irondequoit Zoning Law.
The proposed development, consisting of four (4) multi-family dwelling buildings and
three (3) buildings of townhouse units results in an average density of 56 units per 5.8
acres, which equals 9.7 units/acre.
2.2.4 Consistency and Compatibility with the Neighborhood

The Newport Marine Club will provide uniform, well-suited land use, which is
appropriate for the surrounding area. Residential uses surround the site to the north,
west and south, while the existing marina is a commercial enterprise. The Newport
Marine Club project includes the construction of 56 residential units. Therefore, the
addition of the residential component will increase the compatibility of the site with
the residential uses of the existing neighborhood.
2.3 Design and Layout

2.3.1 Site Area
The project is located at the eastern terminus of Newport Road (500 Newport Road)
approximately 200 feet north of Mooring Line Drive and 550 feet south of the
Irondequoit Bay Bridge (New York State Route 104) in the Town of Irondequoit,
Monroe County, New York. (See Exhibit 2D) The site has an area of approximately
5.9 acres and is rectangular shaped at about 375 feet wide by 650 feet long. The
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northern and eastern boundaries have Bay frontage of approximately 600 feet along
Newport Cove and 450 feet along the western shore of Irondequoit Bay, respectively.
2.3.2 Structures
The development of the Newport Marine Club will involve the demolition of the
existing Newport House (5,500 square feet) and the construction of residential
buildings and accessory structures. Four condominium style buildings with footprints
of about 10,300 square feet each, three buildings (Building 102, 103, and 104) with 12
units per each building and one building with 11 units (Building 101), will be located
on he north side of the main driveway. Three townhouse style buildings with footprints
of 3,300 square feet each, with three units per each building, will be located on the
south side of the driveway. An accessory structure of about 2,200 square feet, to be
known as the Nautica, will provide a restroom and vending services for boaters and a
meeting place for the residents and their guests. An existing small utility building
being used as a marina utility building at the southeast corner of the site, of
approximately 280 square feet, will be maintained. The total building coverage of the
project will be approximately 21% which is less than the 25% maximum allowed in R-
1, R-2 and R-3 zones. The Newport Marine Club Site Plan, prepared by Costich
Engineering, illustrates the proposed building locations and alignment. (See Exhibit 1.)
2.3.3 Parking
Parking requirement are set forth in the Town of Irondequoit Zoning Law, which
requires 1.5 parking spaces per multifamily or condominium dwelling unit, Town
Code §235-34(A) (2) (b) (2), and 0.6 parking spaces per boat slip for commercial
marinas, Town Code §235-34(A) (2) (a). Therefore, the required parking is calculated
as follows:
TABLE 2 – REQUIRED PARKING SPACE COUNT

56 residential units x 1.5 parking spaces/unit: 84 spaces
187 docks – 84 docks (residents) = 103 docks (commercial marina)
103 docks x 0.6 spaces per dock: 62 spaces
TOTAL PARKING REQUIRED 146 spaces
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February 2009
The project provides for parking for 184 vehicles, which is in excess of what it
required by Town Code. The allocation of the 84 docks to the residents of the
condominium units or the townhomes will transfer with the resident units and not be
reallocated for public use. This will ensure that additional demands will not be placed
upon the available parking at the site. In addition to the underground parking, surface
parking shall be provided for guests, boaters and residents. The parking spaces
provided are as follows:
TABLE 3 – PROVIDED PARKING SPACE COUNT

Townhouse style units parking inside garage: 18 spaces
Condominium style parking inside garage: 80 spaces
Total Garage Parking: 98 spaces
Driveway Parking: 18 spaces
Other Surface Parking: 68 spaces
TOTAL PARKING PROVIDED 184 spaces
The provided space count available for public use should be decreased by nine spaces
to 175 parking spaces to account for the nine excess spaces provided for the townhouse
units.
Therefore the project exceeds the minimum required parking space requirements by the
Code of the Town of Irondequoit.
The Nautica is a clubhouse feature to be utilized by the residents as an accessory use to

the Newport Marine Club. It is anticipated that up to five marina employees would be
at the site during peak periods. The parking spaces for these employees are
incorporated into the required parking rate for the marina. Parking for guests of
boaters or parties, and caterers will be assimilated into the available driveway or
surface parking of 68 spaces.
Nothing in the Harbor Management Plan or the Harbor Management Law changes the
Town Zoning Law requirement of 0.6 parking spaces per boat slip for a marina, and
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February 2009
the Zoning Law has not been amended in this regard since 1988. The Harbor
Management Plan does not call for 0.8 parking spaces per dock slip. Rather, the Plan
recognizes that the Town of Irondequoit Zoning Law only requires only 0.6 parking
spaces per slip, consistent with the recommendations of the Irondequoit Bay
Coordinating Committee. Harbor Management Plan at 76. Harbor Management Law
§III (B) (3) merely references 0.8 spaces per berth as one of three criteria that was used
to designate the Harbor Areas, and not as a requirement. Since at the Newport Marina,
there will be 184 parking spots for 187 docks, nearly a 1:1 ratio, the Marina still meets
this criterion.
In August 2007, the Monroe County Department of Planning and Development

released a study of Statistical Analyses of Parking by Land Use. That study concluded
that a standard of less than 0.7 parking spots per boat slip was more than adequate.
Under regular operating conditions, marinas and
yacht clubs tend to generate parking demands of less
than 0.7 occupied parking spots per boat slip (1 space
per 1.4 boats). For most of the facilities, a rate of 1
space per 2 or even 3 boat slips is sufficient, and
compared to these rates a common standard of 1
parking space per 1 boat slip could be viewed as an
excessive standard.
Statistical Analyses of Parking by Land Use at V-17-2.
Dock slips will be limited to non-resident boaters through the use of a key card or fob,
which will limit the access to the Newport Marine Club parking lot. Expired or invalid
passes will be immediately blocked out. It is anticipated that at most times there would
be five staff people at the marina. Parking spaces for the staff of the marina is included
in the dock parking space ratio.
Off-season non-resident parking space demand will be very low. It is not expected
that the parking demand for dock lessees will be significant during the months of
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October to April. This will free up an additional 61 parking spaces. Some of the
unutilized parking spaces can be used for snow storage, if needed.
2.3.4 Boat Slips

RSM plans to designate 1.5 docks per dwelling unit based on its experience with other
developments and its marketing experience. Given the typical income level for the
nautically-oriented purchasers of the planned condominium units, it is expected that
many will have two boats, often a sailboat and a powerboat.
No studies were available specifically addressing the number of boats per housing unit
on Irondequoit Bay. While the Monroe County Department of Planning (MCDP)
conducted a traffic study of Irondequoit Bay in August 1991, which was incorporated
into the Draft Irondequoit Bay Plan (MCDP 1992), (See Exhibit 2I) that study did not
address the number of boats per housing unit. The study did find that on a summer
weekday, 20 boats entered the Bay from the 187 slips at the Newport Marina, and on a
peak day (a hot and sunny Sunday afternoon in August); a total of 47 boats entered the
Bay. The Harbor Management Plan (March 2003) reports a 1999 count of 1670 boat
slips on the Bay, but it does not report how many are used by waterfront residents, or
compare them to the number of dwellings. Harbor Management Plan at 17 (See
Exhibit 2I).
On Honeoye Lake, there are an estimated 1525 resident boats for 1000 structures, or
about 1.5 boats per unit. The Honeoye Lake Watershed Plan (Honeoye Lake
Watershed Task Force, 2005) at 29 (See Exhibit 2I). On Sodus Bay, about 761 vessels
were recently counted at 765 homes, but this did not include canoes, kayaks or jet skis
not in the water. Great Sodus Bay Harbor Management Plan (FES Associates 2008) at
46 (See Exhibit 2I).
Research on Canandaigua Lake, where housing values are similar to those projected
for the Project, supports the allocation of 1.5 slips per unit. A comprehensive study,
Recreation Survey - Canandaigua Lake Watershed: Final Report (Lewandowski, 2001)
(See Exhibit 2I) determined that on that lake, there were 1.53 power and sailboats per
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February 2009
housing unit, plus an additional 0.81 other non-power boats such as canoes or
rowboats, for a total of 2.34 boats per residence. A recent study uses a density of 2.0
power and sailboats per residence. Canandaigua Lake Peak Boat Usage Inventory and
Carrying Capacity Analysis (3rd Draft, Olvany, 2008) at 11(See Exhibit 2I).
Given the upscale demographics of the expected residents of the project, many of
whom are expected to able to afford a second watercraft, the allocation of 1.5 slips per
housing unit is consistent with the available studies.
Further, allocation of more of the existing 187 slips to residential units has the effect of
decreasing the contribution of the project to traffic on both Irondequoit Bay and on
Newport Road. That is because each dwelling unit is unlikely to have more than one
boat in use at the same time. Otherwise, the slip would be used by a non-resident
Marina customer who would drive to the Marina, and launch an additional boat on the
Bay.
Speculation that the motivation for the Project is to better market the existing docks is
baseless. The Newport Marina has been successful, and while there were some recent
vacancies, that was because some boaters were concerned that they would lose their
docking space due to the project, and desired the security of a new location. This
season, 132 slips were rented. Further, it would not make economic sense to incur the
cost of building 56 housing units just to better market docks renting for about $1,900
per year.
RSM will not be able to reallocate the boat slips in the future, since the allocation will
be a condition of the Planning Board approval. It is anticipated that the Town Planning
Board will condition the number of resident boat slips and rented boat slips a condition
of potential future site approvals. Furthermore, once individual owners purchase the
right to use one or two slips, RSM will not have control over the slips.
Options to relocate a portion of the docks on the northend of the project to increase
access to Newport Cove have been rejected. The depth of the water in this area of the
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Bay is fairly shallow, and is sufficient for smaller watercraft, but not appropriate for
large boats. Therefore, the docks actually protect Newport Cove by acting as a
restriction for large boats while allowing small craft access to the environmentally
sensitive cove.
2.4 Construction and Operation

2.4.1 Construction
The development of the Newport Marine Club will occur over a number of years. It is
anticipated that the total build out of the project will take around six years. The
majority of the utility and earthwork operations will be completed during the initial
construction phase. The second phase will include the construction of the Nautica,
Building 104 and townhouse style units 7, 8, and 9. Succeeding phases will focus on
individual buildings, and building utility service construction. The construction will
generally proceed from east to west. The development pattern will be somewhat
dependent on the pace of sales of the residences.
2.4.2 Operation
2.4.2.1 Homeowners Association
The proposed project will be a condominium, and will be subject to the New York
State Condominium Act. As a condominium style unit, all of the land will be
deemed “common elements,” and will be owned in common by the owners of all
the residences. The condominium style unit will therefore own as part of its
common elements the marina facilities and the Nautica.
The condominium will be managed by a Board of Managers, as described in the

By-Laws of the condominium association. The draft By-Laws contemplate that
there will be a Board of Managers of five members to be elected by the unit
owners. At the beginning of the project, however, the sponsor, RSM Irondequoit
Bay Development LLC, will be in control of the project and the Board of
Managers. (This is typical in condominium projects.) This control will continue
until such time as RSM has sold all condominium units or for five (5) years after
the first condominium closing, whichever first occurs. While the sponsor controls
the Board of Managers, it will appoint all members to the Board, and that initial
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Board may consist of only three Board members. The purpose of these provisions
is to give control to the sponsor while it is building out the project.
Since the existing marina and the Nautica will be part of the common elements of
the condominium, the Board of Managers will manage and make rules concerning
the operation of the marina and the Nautica.
After providing for resident and visitor docks, the remaining docks will be
available for sale or lease to the public. The boaters, who are not also residential
owners, will be bound by the By-Laws, which will govern the Newport Marine
Club Condominium by way of legal documents (lease, membership, etc.). The By-
Laws, as drafted, incorporate rules of conduct at the Marina. These rules are
already in effect with current boaters at the Marina, and no major changes are
anticipated.
Initially, the sponsor or a management company related to the sponsor, will

manage the condominium operation, and perform the services that the Board of
Managers of the condominium is obligated to perform. Once the sponsor has
completed the project, the Board of Managers will become an owner-operated
Board, and the owners will decide whether to self-manage the condominium or
delegate the management responsibility to a management company.
2.4.2.2 Accessory Uses

The Nautica will be open to the residential owners, the boaters and their guests
only. It will provide meeting space, light food and beverage facilities at set hours,
as well as bathroom and shower facilities, which will be available by a separate
entry card seven days a week. The sponsor has the right to impose rules of
operation by way of the By-Laws to limit the use of the Nautica to those two
groups, as well as to institute rules and regulations concerning hours of operation,
guest policies, and reservations and so on. These rules tentatively include the
following:
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February 2009
1. Only boaters, homeowners and their guests may use the Nautica.
Guests must be accompanied by their host member at all times.
Only members can charge items purchased to their accounts.
2. Access to the Nautica will be by membership card or key fob, in

order to insure no use by the general public.
3. The hours of operation of the Nautica during boating season (May

1st through October 1st of each year) shall be as follows:
Fridays, Saturdays and Sundays – 11:00 a.m. to 10:00 p.m.;

Tuesdays through Thursdays – 5:00 p.m. to 9:00 p.m.;
Closed Mondays for food and beverage service. Bathroom
facilities accessible by entry card at all times.
Offseason (October 1st to May 1st of each year) – The Nautica

shall be open weekends only – Friday, Saturday and Sunday from
4:00 p.m. to 10:00 p.m. for food and beverage service. Bathroom
facilities accessible by entry card at all times.
4. Private parties may be arranged in advance by reservation only.

There will be a fee to reserve the room. Unless a private party is
scheduled, the Nautica will be open to all members, their families
and guests during scheduled hours. Private parties, hosted by the
residents and dock slip owners, will be governed by the rules set
by the bylaws of the Home Owners Association. Parking for
private parties will be assimilated into the available parking as
discussed in Section 2.3.3.
5. During the hours of operation of the Nautica for food and

beverage service, an attendant will always be on duty.
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February 2009
The Marina will provide launching, haul-out, dockage, fueling, wastewater pump
out and minor maintenance for the servicing of boats of the Newport Marina
residents and non-residents.
The wastewater pump out facilities are operated through the use of hoses, piping
and pumps which draw the water from the boats and discharge to the waste water
pump station that is located on the eastern third of the site. The Marina will
provide pump out services, while the Town of Irondequoit maintains the pump
station itself.
Slip owners/renters will be able to charge to their accounts for these services
through the use of a key card or fob. Transient boaters will be charged on an as
serviced basis. Hours of operation will be seasonally adjusted, but will generally
be 8:00 am to 5:00 pm weekdays, 11:00 am to 6:00 pm on Saturdays and 11:00 am
to 5:00 pm on Sundays, from April 15 to October 15 and closed during the off-
season. The Board of Managers of the condominium association will oversee the
operations of the Marina.
2.4.2.3 Access
An automated gate will be located at the western entrance to the Newport Marine
Club. Access will be provided by a pass card, fob and/or keyed password. Pass
cards will be provided to residents, and slip owners. Emergency responders,
Irondequoit Public Works, utility owners and Marine Club staff will also have
access through the security gate. The gate will guard against any unauthorized
vehicular access to the Newport Marine Club. Sidewalks will also provide
pedestrian access with a pass card.
2.5 Environmental Requirements

2.5.1 State Requirements
2.5.1.1 Use and Protection of Water (ECL Article 15)
Article 15 Permits fall under the New York State Environmental Conservation
Law under Title 5 and implementing regulations in 6NYSCRR Part 608 and 621,
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February 2009
which protects the surface waters of New York State. These regulations are
intended to care for the waters that provide drinking water supplies, bathing,
agricultural, industrial, and commercial utilization, fish and wildlife habitat,
environmental, and aesthetic resources for the people of New York. Activities,
which may require a permit, include the placement, expansion or reconstruction of
docking or mooring facilities, and the disturbance of the bed or banks of a
protected watercourse. Since the existing dock facilities will remain in place, the
project will not affect Irondequoit Bay, its banks or the docking facilities that
presently exists at 500 Newport Drive. Therefore, Use and Protection of Water
Permits will not be needed for this project. An existing Article 15 permit for the
present docking facility remains in effect with no alterations.
2.5.1.2 State Pollutant Discharge Elimination System (ECL Article 17)

Construction Activities
Pursuant to Section 402 of the Clean Water Act (CWA), stormwater discharges
from certain construction activities to waters of the United States are unlawful
unless they are authorized by a NPDES (National Pollutant Discharge Elimination
System) permit or by a state permit program. New York’s SPDES (State Pollutant
Discharge Elimination System) is a NPDES-approved program with permits issued
in accordance with the Environmental Conservation Law (ECL). It is a violation of
the ECL for any discharge to either cause or contribute to a violation of water
quality standards as contained in 6 N.Y.C.R.R. Parts 700 through 705. The State of
New York has issued a SPDES General Permit for Stormwater Discharges from
Construction Activities, Permit No. (GP-02-01), which will be the basis for
permitting of this project. A Notice of Intent (NOI) will be submitted to the Town
of Irondequoit, which is a designated separate storm sewer system municipality
(MS-4) A municipal acceptance of the proposed SWPPP will be required prior to
submission of the NOI. The Town of Irondequoit is authorized by the NYSDEC to
approve both standard and non-standard practices. Upon municipal approval, the
NOI will be submitted to the NYSDEC as part of the permitting process, which
will allow the sponsor to utilize this SPDES General Permit. (See Appendix C.)
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February 2009
The project also comes under the jurisdiction of the Irondequoit Creek Watershed
Collaborative, which is a coalition of municipal agencies who identify and advance
goals related to water resources management to their mutual benefit. The
collaborative has issued a guidance document entitled “Irondequoit Creek
Watershed Stormwater Management Report Requirements – Packet for Developers
- 2004” which has been utilized for the development of stormwater management
designs for this project.
2.5.1.3 Freshwater Wetlands (ECL Article 24)

Newport Cove and Irondequoit Bay are identified as NYS Freshwater Wetland
RE-1 and subject to Environmental Conservation Law Article 24 and freshwater
wetland regulations. The cove area of RE-1 has a regulated 300-foot adjacent area
instead of the customary 100-foot adjacent area associated with Irondequoit Bay.
See Appendix B1 for the Wetland Delineation Report by Environmental
Resources, LLC. The existing parking lot and boat storage areas, which are within
the wetland buffers, will be redeveloped with landscaped areas and residential
buildings. There will be an increase in the amount of greenspace and a decrease in
the amount of impervious surfaces, decreasing the amount of uninterrupted
stormwater runoff to the cove. The development of the Newport Marine Club will
be insignificant enough to be compatible to the wetland buffer and its function. An
Article 24 permit will be obtained prior to any work within the wetland buffer.
2.5.1.4 Natural Protective Buffer Area (ECL Article 34)

The property is not within a Natural Protective Buffer Area. Mapping of the
Coastal Erosion Protection Area from the Natural Protective Feature Buffer Area
Map dated August 29, 1988 from the NYSDEC, outlines an area just south and
east of the project site, but not within the site. (See Exhibit 2G (6) EPOD 6, which
shows the limits of the Coastal Erosion Area Protection District.) Therefore,
Coastal Erosion Management (Article 34) permits will not be necessary for this
project.
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February 2009
2.5.1.5 FEMA – Letter of Map Amendment – Fill (LOMA-F)

A portion of the property in the northeast corner, lies within an A flood zone (100-
year). The project proposes to fill a portion of this area in order to ensure that the
buildings are constructed above the floodplain. A Conditional Letter of Map
Amendment (CLOMA), before construction and a Letter of Map Amendment
(LOMA), after construction, will be obtained from FEMA as part of the
development of the project.
2.5.2 Town of Irondequoit Zoning

2.5.2.1 Waterfront Development District
Lot and Bulk requirements of the Waterfront Development District are set forth in
the Town of Irondequoit Zoning Law, at Section 235-33 of the Town Code. The
principal uses for the property, for which density allocation is required, are the
residences and the non-resident docks, as set forth in Section 235-32(A) of the
Code. The Code requires that multifamily dwellings, such as the traditional sea
side style condominium units proposed, allow a minimum of 4,000 square feet per
dwelling unit Townhouses, like the proposed townhome style condominiums,
require 6,000 square feet per dwelling unit. This will result in a total required area
of 242,000 square feet for the proposed residences (specifically calculated in Table
3 below).
The only area required for the non-resident docks is for the necessary parking. The
road infrastructure is a part of the residential project. There are 102 non-resident
docks, which, as per Section 235-34(A) (2) of the Town Code, require 0.6 parking
spaces each. (See DEIS section 2.3.3.) This is a total of 62 parking spaces, or
10,044 additional square feet.
The minimum required site area is therefore 252,044 square feet. Since the
existing site area is 5.9 acres or 254,680 square feet, the proposed Newport Marine
Club development is consistent with the bulk density allowed in the WD District.
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February 2009
TABLE 4 – BULK DENSITY
Unit Area/Unit (SF) No. of Units (each) Total Area (SF)

Sea Side Style
4,000 47 188,000
Condominiums
Townhome
6,000 9 54,000
Condominiums
Non-Resident
162 62 10,044
Dock Parking
TOTAL 252,044
The Nautica is an accessory use to the principal uses on the site, Town Code §235-
4, and therefore does not require density allocation, which only applies to principal
uses. Town Code §235-33(A) (4). Space for loading is provided by the large
access aisles planned throughout the site. The fire lanes are also adequate for the
expanded use. The landscaping and open space represents a reduction in the pre-
existing impervious area, and an increase in green space on the site. The well-
designed layout of the site plan and attractive landscaping further contribute to the
improvement to this site.
2.5.2.2 Setbacks
This project meets the setback requirement contained in the Town of Irondequoit
Zoning Law at Section 235-33(B) of the Town Code, with adequate space between
the proposed buildings and the shoreline, and a significant open space and
vegetative buffer between the development and the residences along Mooring Line
Drive. The setback requirements pertain to the construction of principal buildings,
parking areas and accessory structures. Town Code §235-33(B). Table 2 details
the conformance of the elements that will be constructed to the guidelines
contained in the Code.
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February 2009
TABLE 5 – BUILDING SETBACKS
Required Actual (at closest point)
25 feet from high Condominium buildings 103 and 104 (depicted on Site
water’s edge Plan) will be 30 feet from the high water line.
25 feet from road right- Townhouse Unit 1 (depicted on Site Plan) will be 32 feet
of-way from the nearest road right-of-way.
15 feet from property Townhouse Unit 1 (depicted on Site Plan) will be 15 feet
line from the nearest property line.
2.5.2.3 Building Heights

The proposed buildings will comply with the height requirements under the Town
of Irondequoit Zoning Law. The condominiums along the water frontage would
come under the provisions of Town Code §235-33(C) (2), which provide no
specific height limit:
Maximum building heights for multifamily dwellings,

apartment buildings or other similar uses shall be
determined by the Town Planning Board during the
special use permit review and approval process and
shall be based on a visual analysis of the site
prepared and submitted by the applicant as part of
that review. The Town Planning Board shall be
empowered to establish maximum princip[al]
building heights and locations in order to preserve
the aesthetic integrity areas and protect any scenic
views or vistas identified in the visual analysis.
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February 2009
And for townhouses, Town Code §235-33(C) (3) states:
Maximum building heights for townhouses, single-

family attached dwellings, row houses, or other
similar uses shall not exceed 35 feet.
The Town Code §235-4(B) defines height as the following:
The vertical distance to the highest point of the roof

for flat roofs; to the deckline for mansard roofs and to
the average height between eaves and ridge for gable,
hip and gambrel roofs, all measured from the curb
level if the building is not more than 10 feet from the
front lot line or from the grade in all other cases.
Town Code §235-4(B) also defines the building height (somewhat inconsistently) as:
The vertical distance measured from the average

elevation of the proposed finished grade at the front
of the building to a point midway between the highest
and lowest points of the roof, excepting chimneys,
spires, towers, elevator penthouses, signs, tanks, and
similar projections which may be permitted or
authorized by this chapter.
The condominium style buildings (Buildings 101, 102, 103 and 104) (see Exhibit 1
– Drawing No. 224-m2), which don’t have a specific height limitation, will be
approximately 53 feet in height, as measured from proposed grade at the bayside,
or front of the building. The townhouse style units, which cannot exceed 35 feet in
height, will be approximately 31 feet high. Therefore, the height of the proposed
townhouse style buildings at the Newport Marine Club will meet the requirements
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February 2009
of the Town of Irondequoit Zoning Law; the height for the condominium style
buildings is subject to the approval of the Planning Board.
The project sponsor believes that the proposed building heights, enhances the
aesthetic integrity of the project site. A decrease in height will compromise the
viability and appeal of the architecture of the project without a substantial benefit
to neighboring properties.
2.5.2.4 Environmental Protection Overlay Districts (EPODs)

Article XI of the Town of Irondequoit Code describes the regulations associated
with Environmental Protection Overlay Districts (EPODs). The purpose for the
establishment of the Districts is described in Town Code §235-41(A):
The purpose of the environmental protection overlay

districts established in this article is to provide
special controls over land development located in
sensitive environmental areas within the Town of
Irondequoit. These districts and the regulation
associated within them are designed to preserve and
protect unique environmental features within the
Town as much as possible, including but not limited
to, wetlands, steep slopes, floodplains and woodlots.
EPODs have been established in the following categories:

EPOD 1 – Wetland Protection District
EPOD 2 – Steep Slopes Protection District
EPOD 3 – Woodlot Protection District
EPOD 4 – Floodplain Protection District
EPOD 5 – Watercourse Protection District
EPOD 6 – Coastal Erosion Area Protection District
The general location of the districts is based upon the “Official Town of
Irondequoit EPOD Maps,” which have used for general reference only. Other maps
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February 2009
that should be utilized include Freshwater Wetland and Coastal Erosion Hazard
Area maps prepared by NYSDEC, and floodplain maps prepared by FEMA. The
Town Planning and Zoning Office are responsible for the interpretation of the
district boundaries based upon the EPOD maps and other various criteria. A
development permit is required for all work proposed within an EPOD area. The
project sponsor will proceed with the EPOD development permit process as part of
the final site plan approval process. This project includes Wetland, Steep Slope,
Woodlot, and Floodplain Protection Districts. Watercourse and Coastal Erosion
Area Protection Districts have been researched but they do not occur on the project
site. Wetlands have been delineated and surveyed by Environmental Resources,
LLP. Appendix B (1) includes a Wetland Delineation Report, which was utilized
for the boundary determination. A wetland buffer area extends 300 feet from
Newport Cove and 100 feet from Irondequoit Bay upgradient of the wetland
boundary. Steep slopes have been determined from a field survey completed by the
project sponsor. All slopes of fifteen percent or greater have been located and
mapped. Woodlots have been determined based upon the “Official Town of
Irondequoit EPOD Maps” and a field survey of the trees on the site. (See Appendix
B (3).) The Floodplain Protection District has been determined by the Flood
Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management
Agency (FEMA) of the Department of Homeland Security, map number
36055C0208G dated August 28, 2008 for Irondequoit New York, where the flood
elevation for this area is listed at elevation 251. The 251 elevation contour was
then designated as the boundary on the EPOD map. See Exhibits 2G (1) to 2G (7)
for maps showing the boundary location of the various EPOD areas. As shown on
these map, the EPOD districts encompass a vast majority of the project site, which
presently operates as a commercial marina and boat storage facility. There is only
one acre of the 5.85 acre site, which is not within any EPOD protection district.
The project will be consistent with the standard for issuance of permits for the
various types of EPODs. The project will preserve and protect the freshwater
wetlands, the proposed activity is compatible with the public health and welfare, it
is reasonable and necessary and there is no reasonable alternative for the type of
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February 2009
use for the project. The proposed action will not affect the groundwater reservoir,
flood capacity of the watercourse, water quality, water retention capabilities,
downstream siltation, the natural wildlife balance, or the natural function of the
wetland. In fact, some of these potential impacts will be improved through the
development, which includes soil decompaction, and stormwater infiltration, less
impervious surfaces, improved stormwater quality treatment, and enhanced
landscaping and maintenance, and smaller pavement areas.
The incursion into steep slopes will be minimized wherever possible, all structures
will be located in appropriate areas with soils that possess sufficient bearing
capacity for the proposed building, fill slopes will be minimized, surface runoff
will be controlled, and erosion control practices will be implemented immediately
and be diligently maintained.
Activities associated with development within woodlot EPODs will include the
avoidance or mature trees whenever possible, erosion control measures that will be
implemented when trees are removed, and disturbed areas will be stabilized as
soon as practicable, but no later than 30 days.
The project will include the construction of buildings at least three feet above the
base flood elevation. The project will not affect the capacity of the floodway, will
not increase velocities, or obstruct flows. Buildings will be firmly anchored,
utilities will be constructed to minimize infiltration, service utilities will be located
above the flood elevation, and construction materials will be utilized which are
flood resistant.
The development of the Newport Marine Club will include activities that will be
implemented to preserve and protect unique and sensitive environmental features
within and adjacent to the project site.
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February 2009
2.5.2.5 Site Capacity

An applicant needs to complete a Site Capacity Worksheet for any application of
land subdivision to the Town of Irondequoit Planning Board. The Newport Marine
Club does not involve a subdivision application, but as part of the environmental
review of the project, the Planning Board requested that RSM complete sections
A-E of the Site Capacity Worksheet. The worksheet is attached as Exhibit 2H,
which was based on the EPOD Overlay Exhibit 2G (7). Based on the boundaries
of the various EPODs, including wetlands, steep slopes, woodlots and floodplains,
a calculation was completed, which arrives at a net buildable site area of 1.45
acres. The existing developed Newport House and marina encompasses and area
of 3.35 acres.
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February 2009
Draft Environmental Impact Statement (DEIS) Newport Marine Club
3.0 Environmental Setting

The environmental protection overlay districts (EPODS) on or in the vicinity of the site are
discussed within Section 2.5.2.4 of this report. (Environmental Requirements, Town of
Irondequoit Zoning, EPODS) and Exhibit 2G(1-7) contains mapping of the EPOD areas.
Natural Resources
3.1 Geology, Topography and Soils
3.1.1 Geology
The Irondequoit Bay is considered geologically unique. Prior to the last Ice Age, the Bay
served as the mouth of the Genesee River. However, when the glacier receded, the Genesee
River shifted to its present alignment west of the Bay, and the old valley was partially
filled with sediment. This resulted in the Bay becoming the outlet for a much smaller
watercourse, Irondequoit Creek.
3.1.2 Soils
The Soil Survey of Monroe County, New York by the United States Department of
Agriculture Soil Conservation Service has identified the following soil units within the site
(Exhibit 3A – Soils Map):
Arkport, Dunkirk and Colonie soils, 20 to 30 percent slopes, eroded. (AtF3) is a soil
comprised of primarily Arkport soils with a combination of Dunkirk and Colonie soils. The
texture can be classified as sandy loam to fine sand. The soils tend to be very well drained
and are not considered hydric or potentially hydric soils. The soils are most likely eroded
with several gullied areas. Some portions have little or no erosion. The vegetative cover of
these soils should be restored if the soils are disturbed.
Foundation Design, P.C, has performed a geological investigation for the project.
“Newport House Club” Geotechnical Evaluation dated December 2007 is included as
Appendix A. During the geotechnical investigations for the project, it was found that the
soils consisted of asphalt, cinders and/or topsoil/fill, organics, and/or glacial lake deposits
and then glacial till. The fill depths and soil stratigraphy are somewhat variable along the
slopes and Bay, as previous development has shaped the land as needed. Groundwater
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February 2009
elevations were measured and fluctuated with the bay water level. The depth to ground
water averaged about five (5) feet near the bay. Uphill numerous test holes were dry.
Laboratory testing of the soil samples were conducted. These tests included moisture
content, sieve analysis, organic matter and hydrometer analysis. The laboratory test results
are included in the Soils Report, which is in the Volume II of this DEIS.
The gradient of most concern, south of the proposed town homes now is on the order of 1V
on 2H. Existing conditions include steep slopes along the southern boarder of the project
site. The soils themselves consist of an upper layer of find sand/silt over a dense
silty/gravelly glacial till formation. The upper layer has an angle of repose of
approximately 30° corresponding to a gradient of 1V on 1.75 H or modestly less steep than
is currently in place. This is why the upper slope continues to stand. The lower till soil has
an angle of repose of approximately 37°, corresponding to a slope gradient of 1V on 1.33
H (See Exhibit 3B).
3.1.3 Topography
Much of the land area, about 40%, around the Bay is on the plateau, the relatively flat
uplands that surround the Bay. Steep slope area comprises another 40% of the land area
around the Bay. The slopes within this area can be exceptionally steep, ranging from 15%
to over 60%. Elevation changes of 100 to 150 feet are experienced in the steep slope area
as one descends from the edge of the plateau to the Bay. The shore area comprises about
10% of the land area around the Bay. Included in this area are the sandbar at the north end
of the Bay and all of the relatively flat land that lies between the steep slopes and the Bay
or its wetlands. Slopes in the shore area are gentle, varying from level to 7%.
The Newport Marine Club encompasses many of these land types, including the plateau
region, the steep slopes along Newport Drive, and the shoreline area, which is the
relatively flat area down near Irondequoit Bay. The site generally grades from a high
elevation of 305 feet along the southwest corner of the site to elevation 247 at the
northwest and southeast corners of the site, a change in grade of approximately 58 feet over
approximately 350 feet (16%+).
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February 2009
Topography of the site was significantly altered during the redevelopment of the site for
the Newport Marina and the Newport House Restaurant. During this time the Town of
Irondequoit landfill located west of this site was closed, and approximately 20,000 cubic
yards of soil were excavated from the Newport site to be utilized as a cap for the Town
Landfill. This excavation created what is now the winter boat storage area at the Newport
Marina site. These excavations likely resulted in slopes that were located along the south
boarder of Newport Cove. Other changes at that time included creation of the parking area
along the southern portion of the site, primarily by cutting and thus steepening that slope to
create a 60’-100’ wide parking area.
The site contains areas that are in excess of 15% slope. Land that exceeds a 15% slope
falls under the Town’s Environmental Protection Overlay Districts for Steep Slopes
(EPOD). Slopes broken down by percentage are shown in Exhibit 2G (2).
Access to the site is from Newport Road. A field survey of the existing road reveals a road
that is typical of many roads accessing the waterfront of Irondequoit Bay. The percent
grade of Newport Road is generally 10%, with maximum percentage of 15±% (See Exhibit
2E).
3.2 Water Resources

3.2.1 Surface Waters
3.2.1.1 Drainage
Site drainage is primarily overland flow, which discharges into an existing
underground piped storm drainage system present along Newport Road and extending
within the project area to the Bay, and overland flow directly to Irondequoit Bay. The
Bay encompasses the perimeter of the property along the north and eastern boundaries.
There is an existing storm drainage system that collects the drainage along Newport
Road, just west of the proposed project, and discharges the stormwater to the Bay via a
culvert on Town property west of the site that flows to the north. This discharge point
has been eroded substantially.
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February 2009
The prior Newport Marina project on the existing site includes an infiltration system
that serves to remove pollutants and sediments through the infiltration of the
stormwater into the surrounding soils. The existing stormwater system consists of
basins, piping and infiltration pipes, which allow stormwater to percolate through the
onsite soils. Pollutants and sediment are filtered though the onsite soils. The system
has worked well, but a new system will be installed as part of this development. An
area to allow sediments to settle out of the stormwater discharge will be designed, with
access available to collect the sediments, and the system will be maintained to avoid
plugging. The system has performed well even with the potential of sediments
plugging the leach lines. This system has generally performed well. It has been
observed that during short duration intense storms, the volume of water exceeds the
collection system. Many of these occurrences were during the early stages of the prior
Newport Marina development, when erosion and sediment practices included
installation of filter fabric over inlets to avoid sediments contaminating the infiltration
system. These inlets quickly became ineffective, and ponding occurred within the
parking lot with several occurrences of water spilling into the Bay. The filter fabric
was removed after the site was stabilized, and the stormwater system has since
preformed well.
The existing underground infiltration system is purported to drain along the inside
perimeter of the existing headwalls and eventually into the Bay. The drainage through
the site includes drainage from an area of approximately 2.6 acres upgradient of the
site into the Bay to the north and east.
Estimates of the existing peak stormwater discharge rates for various storm intensities
are:
TABLE 6 - EXISTING STORM WATER PEAK FLOW RATES
for Design Year Storms (Qx)
x = design year storm
(cubic feet per second)
Q1 Q2 Q5 Q10 Q25 Q50 Q100
3.97 5.30 8.26 10.91 13.66 16.50 18.23
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February 2009
The storm drainage analysis is included in Appendix C of this DEIS in the Stormwater
Management Report.
Based on an average annual precipitation of 31.9 inches per year, the average pollutant
load that is associated with the drainage area at the Newport Marine Club is calculated
as:
Phosphorus: 9.68 lbs/acre/year
Nitrogen: 92.90 lbs/acre/year
Other existing stormwater systems include an existing storm sewer system, collecting
runoff from Newport Road and properties west of the site, and discharging into
Newport Cove. The drainage area and storm pipe do not include, and are not located
on, lands of the Newport Marine Club. The drainage area contributing runoff to this
storm system includes Newport Road and surrounding undeveloped land. The capacity
of the 10-inch storm sewer is approximately 14 cfs. Field observation reveals that
significant erosion has occurred from the Newport Road storm sewer outfall pipe to
Newport Cove. The outfall pipe is elevated several feet above the ground at discharge,
further contributing to erosion.
3.2.1.2 Irondequoit Bay Water Quality
The water quality of Irondequoit Bay and Massaug Cove has improved since the early
seventies in which the Bay had a problem with high phosphorous levels, and limited
dissolved oxygen. This situation has improved through the efforts of the Irondequoit
Bay Pure Waters District, the Rochester Pure Waters District, the Towns of
Irondequoit, Webster, Penfield and Brighton, and the Monroe County Health
Department. Programs that were implemented include the:
- Diversion of waste water effluent from the watershed (1970’s & 1980’s)
- Construction of deep tunnels to minimize sewer overflow (1980’s & 1990’s)
- Application of alum in deep water areas of the Bay. (1986)
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February 2009
- Oxygen supplementation of the Bay (1990’s & 2000’s)

- Managing stormwater through natural wetlands.
The above measures along with the stormwater management program designed for this
project will help to maintain a continuing improvement to the water quality of
Irondequoit Bay.
3.2.1.3 Flooding, Siltation and Erosion
The existing 100-year flood elevation is elevation 251’ as shown on the Flood
Insurance Rate Map (FIRM), map number 36055C020208G, effective date August 28,
2008 (see Exhibit 3). This elevation results in most of the shoreline site falling below
the 100-year flood elevation, making these areas subject to the Town of Irondequoit’s
EPOD and flood plain requirements. This area is shown on Exhibit 2G (4).
Erosion and sediment deposits exist at the Newport Marina and surrounding areas.
The shoreline does not exhibit significant erosion due to the majority of the water’s
edge consisting of steel sheetpile installed with the Newport Marina development.
Onsite erosion is found along steep slopes in the southern portion of the site. Two
distinct layers of soils are found in this area, an upper layer of fine sands and silts and a
lower layer of dense silty/gravelly glacial till. Seepage between these two layers exists
because water from uphill cannot penetrate through the lower, dense soil, and so it
travels laterally until it comes out of the slope. In the long term, this can lead to
erosion. This situation exists above the existing southern parking lot and the slope
south of the existing Newport House.
3.3 Terrestrial and Aquatic Ecology

The Irondequoit Bay Harbor Management Plan discusses the environmental conditions
and associated studies of the Bay, addressing the ecological communities in the vicinity of
the project, including Massaug Cove, and notes habitats for spawning fish, water fowl,
shorebirds, raptors, reptiles, amphibians and small mammals. Irondequoit Bay Harbor
Management Plan at 39. Refer to the Irondequoit Bay Harbor Management Plan
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February 2009
bibliography for a listing of historic and recent environmental studies on the Bay, and the
SUNY College at Brockport, “Biological Study of Irondequoit Bay”, dated December
2002.
3.3.1 Vegetation
Environmental Resources, LLC, conducted an investigation into the project area and the
floral and faunal habitat, including consultation with the NYSDEC National Heritage
Program office. A copy of their evaluation is included in Appendix B (2).
Much of the site area is disturbed, “stabilized” development roadway, parking lots, and
buildings. Existing natural habitats on the site include Newport Cove and wetlands and
Irondequoit Bay, with submergent aquatic vegetation. There are two upland wooded slope
habitats. One on the cove, west of the existing parking lot, has sugar maple, red oak,
cherry, America hornbeam trees and an understory of honeysuckle. The other area is
located along the southeast edge of the site, along the slope and it has Norway maples,
eastern cottonwood trees and an understory of honeysuckle.
3.3.1.1 Threatened or Endangered Species

The only listing of an endangered species in the area of the site is the Giant Pinedrops,
which grow in mixed forests with heavy soil. This plant is listed as endangered and
was last reported to have been found in the Irondequoit Bay area in 1973. The
evaluation conducted by Environmental Resources, LLC concluded that Giant
Pinedrops were not observed in the study area, nor were there habitats that were
conducive of their presence.
3.3.2 Fish, Shellfish and Wildlife

An investigation of the project area and the fish, shellfish and wildlife present at the site
was also conducted by Environmental Resources, LLC as part of their floral and faunal
habitat report included in Appendix B(2).
The existing wildlife species on the site are associated with the natural habitat portions of
the site, with the most evident species in the aquatic and wetland areas. The shallow open
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February 2009
waters support water fowl and turtles. Aquatic mammals include beaver and muskrat. The
forest slope areas support songbirds, small mammals such as mice, larger mammals such as
deer, raccoon, fox, skunk, squirrels and chipmunks, reptiles such as garter snakes and
amphibians such as frogs, toads and salamanders.
3.3.2.1 Threatened or Endangered Species

Two fish species have been identified by the New York Natural Heritage Program as
species of concern in the general area, the Blackchin Shiner and the Freshwater Drum.
Environmental Resources, LLC concluded in their evaluation that habitat at the site is
not conducive to support the Blackchin Shiner’s survival. Open water further out into
the Irondequoit Bay may be able to support the Blackchin Shiner or the Freshwater
Drum. Evaluation of these site environs was not practical or necessary.
The Bog Turtle was identified by the US Federal Wild Life Service to be threatened in
Monroe County. The species requires slow moving gravelly seeps and sphagnum bogs
to survive. Evaluation by the Environmental Resources, LLC concluded that the Bog
Turtle was not observed in the studied area, nor were the habitats conductive to their
presence.
3.3.3 Wetlands
A Wetland Delineation Report has been prepared by Environmental Resources, LLC for
the Newport Marine Club, which includes maps of all wetlands, and is included in
Appendix B(1).
3.3.3.1 Location
Based upon the wetland report, there are both Federal and State wetlands on or
adjacent to the project site. The Federal wetland comes under the review of the United
States Army Corps of Engineers (USACE), which makes the final jurisdictional
determination based on their site visit and review of historical maps and aerial
photographs. The Newport Cove area is considered part of a Federal wetland.
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February 2009
Newport Cove and Irondequoit Bay was field identified and delineated as wetland
habitats. These wetlands are under joint jurisdiction of the USACE and the New York
State Department of Environmental Conservation (NYSDEC), regulated by Section
404 of the Clean Water Act and Environmental Conservation Law Article 24,
respectively. Identified by NYSDEC as RE-1, the Newport Cove habitat is unique in
that it has an extended regulated 300-foot adjacent area, instead of the customary 100-
foot adjacent area associated with most protected State wetlands. Exhibit 1 Drawing
Title, “Site Plan,” shows the wetland that was flagged and located by survey in the area
immediately adjacent to the waterline in the northwest corner of the project site.
3.3.3.2 Characteristics
The boundaries of all wetlands within or adjacent to the site were flagged using
surveyor’s ribbon and data collected from a thorough assessment of the property. The
Federal wetlands were delineated according to the methodology described in the 1987
Corps of Engineers Wetland Delineation Manual (hereafter referred to as the 1987
Manual) (Environmental Laboratory, 1987). Observations of vegetation, soils and
hydrologic conditions were used to determine the boundaries of the Federal regulated
wetland. These three components define the characteristics of a wetland. The benefits
provided by the wetlands may include: natural products for human use, habitat for
functions, fish and wildlife, habitat for rare plant and animal species, opportunities for
recreation, education, and aesthetic appreciation, flood protection, water quality
improvement, shoreline erosion control, and groundwater recharge and discharge.
The State wetland was delineated based on the official NYSDEC freshwater wetland
map.
Human Resources
3.4 Transportation
3.4.1 Traffic
A detailed traffic study was prepared for the project, entitled “Transportation Impact
Analysis for Proposed Newport Marine Club, dated March 2008,” and the full report is
included within the Appendix D of the DEIS.
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February 2009
Access to the project is via Newport Road, which is a 0.5-mile local roadway, owned and
maintained by the Town of Irondequoit, and extending between East Ridge Road and the
project site. The site currently consists of a 187-dock boat marina and was previously
occupied by the Newport House restaurant. The restaurant was a 500 +/- seat facility,
which was an extremely popular waterfront dining and reception location. The roadway
provides access to three (3) residential side streets, as well as the existing marina at the
road terminus. There are a total of approximately 100 residences accessed by the roadway.
The posted speed limit on Newport Road is 25 MPH, with a posted advisory speed of 15
mph, approximately 1,000 feet north of East Ridge Road, in advance of the multiple
roadway curves. The roadway width varies from 20 feet to 24 feet. The roadway meets
the accepted design standards of the American Association of State Highway and
Transportation Officials (AASHTO) for “Local Urban Street”, as shown in Table 1. The
geometry of the road has been developed over many years of use. Appurtances have been
installed to bring the roadway into compliance with design standards, as best as practical.
There is asphalt curbing along much of the roadway, and the pavement is generally in
satisfactory condition, with one section of roadway having been recently overlaid.
Roadway alignment is curvilinear, and there is a 12% - 15 % maximum +/- vertical road
grade, along approximately 1,000 feet of the roadway. There are warning signs and speed
advisories for the curves, and there is an approximately 750 feet section of guide rail along
a fill side slope on the north/west side of the road. Roadside development along the
southern 500 ft. +/- section of the roadway is residential, and the remainder of the roadway
is undeveloped.
Accident data from 2003, 2004, 2005, when the Newport House was in operation, shows
that one accident occurred on the roadway, and it was due to a sun glare issue at the East
Ridge Road intersection. Approximately 10 years ago, a single vehicle traffic accident
resulted in a fatality when a car ran off the road. At the time of the accident, there was no
guide rail along the northwest roadside fill slope. There is currently a roadway guide rail
along the fill slope at the accident location. Based on the accident data, there is no
evidence of any safety concerns on the roadway.
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February 2009
Newport Road intersects East Ridge Road at a T-type unsignalized intersection. East
Ridge Road functions as an arterial roadway, and is primarily residential in the vicinity of
the Newport Road intersection. Three (3) residential side streets intersect Newport Road at
stop controlled T intersections: Bay Knoll Road, Baycrest Drive, and Mooring Line Drive.
Existing traffic on Newport Road consists of typical trips associated with residential
development, and traffic associated with the operational marina. Pedestrians were
observed to utilize the paved roadway shoulders. No unusual traffic conditions or patterns
were observed.
Traffic counts were performed on the existing roadway traffic on Newport Road. These
counts were compared to the estimated traffic that Newport Road previously experienced,
when the Newport House was in operation. This traffic was calculated based upon the
Institute of Traffic Engineers Trip Generation rates.
TABLE 7 - EXISTING AND PREVIOUS TRAFFIC VOLUMES
Previous Traffic with

Time Frame Existing Traffic
Newport House
Total In Out Total In Out

AM Peak Hr.
73 vph 28 45 89 vph 41 48
(veh/hr)
PM Peak Hr.
79 vph 49 30 221 vph 144 77
(veh/hr)
SAT Peak Hr.
71 vph 36 35 251 vph 142 109
(veh/hr)
ADT- Weekday
(estimated) 1,550 vpd 3,100 vpd
(veh/day)
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February 2009
As compared with the existing traffic, the traffic on the roadway was significantly greater
when the Newport House restaurant was in operation.
3.4.2 Level of Service

Within the traffic study, the four (4) unsignalized intersections were analyzed for the AM
(morning) peak hour, the PM (evening) peak hour and the Saturday peak hour, under
existing traffic conditions, utilizing methods from the Transportation Research Board –
2000 Highway Capacity Manual (HCM).
The intersection analyses indicated that, under existing traffic conditions, all the
intersections operate at the highest level of service (LOS A), with delays less than 10
seconds for the AM, PM and Saturday peak hours.
3.5 Land Use and Zoning

3.5.1 Existing Land Use
The subject property has been most recently utilized as a restaurant, marina, and party
house, open to the public for docking and services. The main building is two and one-half
stories, with a footprint of approximately 6,000 square feet. The restaurant has a seating
capacity of approximately 545 seats for parties or special events. The marina supports a
boat slip area of 187 spaces with full marina services including launching; pump outs,
utility connections, fueling, maintenance and storage. On-site parking is available for
approximately 200 cars.
The following is a list of Marina operations:
- Sales of gasoline, oil and holding tank treatment
- Wastewater pump-out – The pumping of wastewater holding tanks for the Newport
Marina and transient boaters’ discharges to the Town’s dedicated pump station.
- Boat haul-out, maintenance and cleaning – The hauling of boats utilizing a travel life
or trailer. Maintenance activities include out-drive service, minor engine service,
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February 2009
electronics and oil change. Cleaning of boats and hauls typically utilize products
approved by local, State and Federal regulations for marine operations. New and
reclaimed oil is stored indoors, within the gas building. No painting or gel coat
activities are performed.
- Boat storage – Winterizing, shrinkwrap and winter/summer storage of boats in upper,

middle and lower parking areas.
The land uses within one-quarter mile of this proposal include both single-family and
multi-family residential properties.
3.5.2 Existing Zoning

The existing zoning district of the property is “Waterfront Development District” (WD) as
depicted on the official Town of Irondequoit Zoning Map (See Exhibit 2F). The Town
Zoning Law states that the Waterfront Development District (WD) “is designed to provide
a suitable character and stable environment for the establishment and maintenance of
water-dependent and/or water-enhanced uses and activities along the shorelines of Lake
Ontario and Irondequoit Bay.” Town Code §235-31(A). “The district is also designed to
protect the unique and sensitive environmental features that exist along the lake and bay
shorelines.” Town Code §235-31(A). “The district is also designed to promote and
encourage public access to the shoreline appropriate water-oriented recreational uses
within the shore zone and other appropriate water-oriented development within the shore
zone. Town Code §235-31(A). The WD district is intended to include “moderate-density
residential development, as well as certain commercial, recreational and open space uses
that serve the residents of and visitors to this district.” Town Code §235-31(B).
Some of the permitted uses in this zoning classification include the following uses allowed
by Special Permit:
- Multifamily dwellings, apartment buildings or other similar uses.
- Townhouses, single-family attached dwellings; row houses and other similar uses.
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February 2009
- Yacht clubs or other similar uses.
- Marinas, boat docks, docking basins, boat launching ramps, including related retail
sales of pleasure boats, marine and fishing supplies, and other similar uses.
- Boat building and boat construction facilities, boat service, repair, rental and storage
facilities or other similar uses.
- Combinations of permitted principal uses based on a determination by the Town

Planning Board that such combinations are appropriate for the proposed waterfront
area and are compatible with the purpose and intent of this district as well as the goals
and policies of the Local Waterfront Revitalization Program (LWRP).
Article XV of the Town Zoning Law describes the requirements associated with the
required Site Plan Review process required, and Article XVI describes the Special Use
Permit process.
Residential (R-1), Residential (R-2) and Residential (R-3) are present zoning districts that
are within one-quarter mile of this proposal. The R-1 district is adjacent to the site on all
sides of the site. There are R-2 and R-3 districts present to the north, beyond the R-1
district. The average density of the residential parcels on Mooring Line Drive within the
R-1 district, which are directly adjacent to the site on the south, is 12 units per 5.89 acres =
2.0 units/acre.
3.5.3 Recommendations per Town of Irondequoit Master Plan and Local Waterfront
Revitalization Program (LWRP)
3.5.3.1 Master Plan
The Town of Irondequoit Master Plan notes that the vacant parcels on the Bay, in the
vicinity of and including the proposed site, present especially valuable development
opportunities with special potential for expanding the Town’s tax base and enhancing
the Town’s image. Master Plan at 93. Also that there is “solid support for well-
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February 2009
planned residential projects”, and the Town encourages the “development of a variety
of housing types to meet the changing needs of Irondequoit’s older population”.
Master Plan at 95. Specifically, the recommendations for the proposed site include
designating the site as a “waterfront development district” and to consider a private
marina and/or restaurant use. Master Plan at 96.
3.5.3.2 Local Waterfront Revitalization Program (LWRP)

The LWRP states: “Provision of greater public access to the Bay is also proposed for the
site of the Newport House, through the private development of a boat docking facility.
This use is considered appropriate given the fact that the site of the Newport House is
one of the few locations on Irondequoit Bay that contains sufficient space to
accommodate parking requirements and will also not require excessive dredging.”
LWRP at IV-14.
3.6 Community Services

3.6.1 Emergency Responders
Police Protection
The site is within the primary response area of the Town of Irondequoit Police Department.
The Monroe County Sheriff’s Department and the New York State Police can also
supplement these services during emergencies.
Fire Protection
The site lies within the Ridge-Culver Fire District response area. The fire department is a
voluntary company servicing eastern portions of the Town of Irondequoit.
3.6.2 Utilities
Water Supply
Municipal water supply is provided to the property from a 6” diameter watermain that
follows along the south side of Newport Road to the existing restaurant. The watermain is
maintained and serviced by the Sea Breeze Water District. Based on existing hydrant flow
tests from the Seabreeze Water District, the existing 6” main, at a pressure of 20 pounds
per square inch can deliver up to 1,050 gallons per minute of water.
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February 2009
Sanitary Sewers
A gravity sanitary sewer, which discharges to a sanitary sewer pump station on the site,
services the existing Newport House Restaurant and Marina. The effluent from the pump
station is then pumped up Newport Road, where it interconnects to a gravity sewer. The
pump station also services portions of the Mooring Line Drive residential development to
the south. The pump station and piping is operated and maintained by the Irondequoit Bay
Consolidated Sewer District of the Monroe County Pure Waters system.
The Town-dedicated pump station was designed in 1985. The original design flow rate
was based on a 340-seat banquet room, 340-seat restaurant and 75 housing units. The
average daily flow rate was calculated to equal 40,300 GPD. The proposed use of water
saving fixtures allowed a reduction in the average daily flow to 32,240 GPD. The design
flow rate was calculated to be equal to 4 times the average flow rate. The original design
flow capacity rate equates to 128,960 GPD or 89.56 gal/min. The original pump station
calculations are found in Exhibit 3D. After elimination of the restaurant, the only current
users of the pump station are 12 houses on Mooring Line Drive, which calculate to have an
approximate flow of 3,456 GPD. Therefore, the available capacity of the pump station is
128,960 GPD – 3,456 GPD = 125,504 GPD.
Gas, Electric, Telephone, Cable

Electric service by Rochester Gas and Electric, telephone service by Frontier Telephone,
and cable services by Time Warner Cable of Rochester is readily available at the site.
Capacity for additional service for electric and cables is available for the site (See letters
contained in Exhibit 4C). These utilities are supplied from a pole line, which follows along
Newport Road to the site, where they continue underground to service the existing site
facilities. Natural gas service is not readily available at this time.
3.6.3 Schools and Recreation

Education
East Irondequoit Central School District No. 1 is the entity responsible for providing public
school education for this portion of the Town.
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February 2009
Town, County and School Taxes

The property is listed on the tax rolls as parcel 077.16-1-2.1 with a property classification
of a commercial marina. The total assessed value of the property is listed at $2,250,000,
with current Town and County taxes of $29,892.96 and school taxes of $58,336.42. The
current Town of Irondequoit tax base is $2.5 billion (2008) in assessed valuation with an
estimated 2009 Town budget of $16.3 million. The East Irondequoit Central School
District serves approximately 3,600 students and has a budget of $54 million.
Recreational Resources
The property is located within close proximity of multiple Town and County recreational
opportunities. Town parks that are in the general vicinity include Rudman Park and
McAvoy Park. Monroe County parks are also readily available, including Durand Eastman
Park, Irondequoit Bay Park West, Irondequoit Bay Marine Park, and Ellison Park. Public
accessible commercial marinas on the Bay include Mayer’s, Sutter’s and Bounty Harbor.
3.7 Cultural Resources

3.7.1 Visual Resources
The site is located along the banks of Irondequoit Bay, which in itself is an aesthetic
resource. The natural feature of the Bay, along with the variety of natural and man-made
elements, makes the area a valuable visual resource. In the “Irondequoit Bay Harbor
Management Plan” by Dufresne-Henry dated November 2003, it was noted that the view
of the Route 104 Bridge from the Newport Road could be considered to have critical scenic
value. The Bridge, which crosses from the Town of Irondequoit to the Town of Webster,
lies immediately north of the subject property and is approximately 70 feet above the water
level of the Bay. Based upon these references, the visual setting of the property is
noteworthy in that it provides views from the property towards the Bay Bridge and other
portions of the Bay, and towards the property from the Bay and from across the Bay.
The Newport House is a 2-story, wood frame structure of approximately 6,000 square feet
with a roof peak reaching 44 feet above grade, located at the far east side of the site. The
Mooring Line Drive houses on the developed parcels south of the project are generally 2-
story wood frame residential structures.
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February 2009
The scoping phase identified several locations of interest to analyze visual resources.
These areas include views from the rear yards of No.s 42, 46, and 50 Mooring Line Drive.
Other views include the view from the site from the Bay at 200’+ and from under the Bay
Bridge north of the site.
Photos illustrating the existing and future conditions are found in Exhibit 3E (1) to 3E (5).
Several observations include:
- Views from the Baytree Subdivision (Mooring Line Drive) are partially or completely
blocked by vegetation during the late spring, summer and early fall seasons. Existing
views include the Newport House buildings, parking lot and boat storage on the site,
with the bridge and the Bay in the background. Photographs are presented with and
without vegetation to present existing and future conditions encountered (See Exhibit
3E (1) to 3E (3)).
- Existing views from the eastern portion of Baytree Subdivision are dominated by the
existing Newport House structure.
- Existing views of the site from the Bay are dominated by the dilapidated Newport
House and reflect the generally flat and open topography of the parking lot with the
boat storage items.
3.7.2 Historic and Archeological Resources

A history of Native American occupation and use of the Bay resulted in a significant
concentration of archeological sites around the Bay. The Rochester Museum and Science
Center’s (RMSC) Archeological Site File Database includes a number of Native American
archeological sites around Irondequoit Bay. (Irondequoit Bay Harbor Management Plan at
12). The Newport House is noted as a “Non-Native American site being historic” by local
agencies, (Irondequoit Bay Harbor Management Plan Exhibit 7). The New York State
Department of Parks, Recreation and Historic Preservation has listed the site as one of
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February 2009
potential Archeological Sensitive area (See Exhibit 3F). Per NYSDEC procedures, the
appropriate environmental historic preservation review process will be followed for the
development during the site design approval.
The Newport Marine Club property changed dramatically for a number of years. The land
surface has been disturbed numerous times, from the site’s early use as a lumber mill
through the most recent use as a marina and restaurant. The site has been excavated,
graded, filled, paved, landscaped, and has gone under a number of site modifications
during its change from one use to the other. (See Exhibit 3G)
There are no known Federal eligible, nationally registered or state registered historic sites
at this location.
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February 2009
4.0 Environmental Impacts and Mitigation
Natural Resources
4.1 Geology, Soils and Topography
4.1.1 Soils
4.1.1.1 Impacts
Slight disturbances to the existing soils will occur during the construction of the
project by the contractors. See Plan Sht. 224-M4 “Grading and Stormwater Pollution
Prevention Plan” in Exhibit 1. There will be no disturbance of soils immediately
adjacent to the water’s edge or in the wetlands. Minor impacts from grading will occur
to the woodlots at the southeast corner and the northwest end of the site. In order to
grade the site for adequate vehicular access and building foundations, there will be
impacts to some existing slopes, including the slope near the middle of the site and the
narrow slope which is located along the toe of the large slope along the south
boundary. There will also be minor impacts to the slope at the northwest corner of the
site, and the narrow slope between the existing parking lots, located north of the toe of
the large slope, located along the southern boundary. No impacts to the large slope
along the south boundary are proposed. The site rests on an area of Medina group and
Queenston group of bedrock consisting of shales, sandstone and siltstone. It is not
anticipated that this project will encounter these rock formations. The maximum
excavations, cuts, will be approximately nine feet in the southeast corner of the site
with about thirteen feet of embankments, or fill, to be placed along the eastern edge of
condominium Building No. 102. Site grading will occur during the initial phases of the
project. Topsoil will be excavated and stored on-site for reuse during the landscaping
operations. It is estimated that displacement of approximately six thousand cubic yards
of on-site soil with an additional import of approximately thirteen thousand cubic yards
of soils will occur during the construction of the project. Detailed designs of the final
buildings and grading of the site will attempt to decrease the amount of fill needed at
the site. The majority of the soils consist of a mixture of sandy silt with a mixture of
clays and gravel. There are some unconsolidated fills and organic materials on the site,
which are not recommended for standard foundation construction.
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February 2009
The grading associated with the proposed development will only impact the toe area of
the large slope along the south boundary line bordering Mooring Line Drive. The
elevation of the Mooring Line residences is 30 – 50 feet above the site. The
development includes the construction of townhomes at the toe of the slope in an
existing parking lot area, along the south side of the property. The proposed
townhome buildings are between forty to eighty feet from the Mooring Line Drive
properties and a minimum of twenty feet from the proposed toe of the slope. The
development is not located near a crest of any steep slope. The existing homes along
Mooring Line Drive vary from ten to fifty feet from the existing crest of the slope. The
existing slope is approximately one vertical to two horizontal in the most steep areas,
and is composed of a sand /silt soil layer over a dense silty/gravel till formation below.
This equates to an angle of repose of approximately 30 degrees for the upper strata and
37 degrees for the lower strata. Neither the proposed townhomes nor the existing
single-family residential homes along Mooring Line Drive infringe upon the angle of
repose. The grading of the site includes the addition of anywhere from five feet of fill
at the rear of Townhouse Unit No. 1 to a six foot cut and a proposed retaining wall at
the rear of Townhouse Unit No. 9, where the existing slope is less steep, closer to one
vertical in four horizontal.
4.1.1.2 Mitigation
The construction at the site will incorporate many measures during the earthmoving
operations to minimize any potential negative effects. Grading will not occur within
wetland areas and will be minimized at woodlots and steep slopes. Primarily, the
redeveloped areas of the site will be disturbed with minimal disturbance beyond this
area. Topsoil will be stripped and will be temporarily stockpiled for reuse on the site.
Existing on-site soils will be utilized for fills and will not be removed. The project will
be supplemented with additional fills including construction materials such as
concrete, stone and asphalt. Building foundations will be designed to account for the
grade changes and for the soft soils in some portions of the site. A drainage swale will
be constructed at the toe of the slope area along the south part of the site, which will
collect the existing water seepage coming out of the existing slope along the south side
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February 2009
of the townhouses, which will provide additional stability to the steep slope adjacent to
Mooring Line Drive properties.
Building construction and the grading of the site will result in some effects to the steep
slopes within the site. Construction will be managed to limit erosion on slopes and
vegetation on disturbed steep slope EPODS will be re-established within 30 days, with
the objective of keeping the soils and slopes stable and minimizing impacts from
overland flow from rain or melting snow. Post-construction, the constructed slopes
will be monitored on a consistent basis. Inspection reports are to be prepared as part of
the post-construction best management practices operation and maintenance program
of the Stormwater Pollution Prevention Plan. This report will include the inspection of
ground covers, seeding, plantings, channels and the stormwater system. If there are
any unusual changes to the slopes, a detailed investigation will be undertaken to
determine the source and magnitude of the disturbance to the slope and the appropriate
mitigation measures needed to stabilize the slope.
Overall the geology, soils, topography and grading of the site will not impede the
construction of the proposed Newport Marine Club.
4.1.2 Erosion Control

4.1.2.1 Impacts
The development of the property will disturb approximately 4.2 acres of the site’s 5.9
acres. The grading of the site will remove the existing pavements, buildings, topsoil
and ground covers, which will make the site temporarily vulnerable to erosion during
the construction process. As part of the first phases of the earthmoving operations,
topsoil will be stockpiled for reuse on the property. Silts tracking into the pavements
and dust being deposited to adjacent properties are temporary concerns that must also
be addressed.
4.1.2.2 Mitigation
In accordance with the Town Zoning Code, Chapter 196, “Stormwater Management”,
we will submit applications for any required Town permits related to stormwater
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February 2009
management and/or land disturbance activities. The project’s topography and

proximity to Irondequoit Bay necessitates that a comprehensive erosion prevention and
control plan be developed and implemented. This plan is outlined in detail in the
ICWC SWPPP attached in Appendix 2 and on Costich Engineering drawings
numbered 224M-4, 224-M5 and 224-M7 and detail sheets 224-M13 which identify the
temporary and permanent measures to be implemented for erosion control.
Temporary measures include dust control, which will be closely monitored as part of
the project and will be accomplished by: covering the soil surface with a non-erodible
material, roughening the soil to produce ridges perpendicular to the prevailing wind,
frequent watering of excavated and fill areas, and installing gravel or paving at the site
access drives, parking areas and transit paths. Stabilized construction access drives
constructed of crushed stone will be employed to help reduce vehicle tracking of
sediments, and adjacent paved streets will be inspected and swept, as necessary, to
remove any excess mud, dirt or rock tracked from the site. Trucks hauling material
will be covered with tarpaulins. The hauling of materials will be closely monitored
during poor weather conditions. There may be times in which truck traffic may be
suspended due to weather. Erosion control related to drainage on the site during
construction activities will be accomplished by methods described in the Stormwater
Management Report included in the Volume II, and the project Erosion and Sediment
Control Plan, including periodic inspections.
Some of the other methods and techniques to be utilized to control erosion and
sedimentation include stabilized construction entrances, stone and block inlet
protection, silt fence and silt sock, french drains, temporary siltation basins, diversion
ditches and swales and rock dams.
Design considerations for erosion control improvement measures:

• The developed site is designed to follow the existing topography wherever
possible. Disturbance will be limited to only those areas needed for the
establishment of building pads and driveways.
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February 2009
• Soil disturbance will be limited by designing the walls of the building foundation
and the first floor as retaining walls. Stand-alone retaining walls will be
constructed that parallel the steep slopes on the site.
• Vegetation will be reestablished as soon as it is achievable. Existing stiff
consolidated soils will be de-compacted by deep ripping, tilling and disking.
• Existing soil erosion and the potential for future erosion will be reduced by the
following measures:
- At the base of the slope of the common property line with Baytree subdivision,
fill will be placed where the slopes approach the hill.
- Picking up seepage at the same location and conveying it to a stormwater
management system via pipes.
- Establishing ground cover at top of slope in area of large natural slope adjacent
to gas/launch area, utilizing best management practices (BMP) (erosion control
mats jute mesh), and providing physical barriers to vehicles that disturb this
area, using bollards with heavy hemp as a nautical theme.
- Retaining walls will be utilized throughout the site in areas where stable slopes
cannot be achieved at 1 vertical to 3 horizontal, minimizing walls over 6’
where possible.
- Building structures into sloped areas to take advantage of the topography
created for Newport House parking and boat storage areas; this will also result
in stabilizing the potentially erodable slopes.
- Including both traditional spread footings and piles for new structure
foundation systems.
The following criteria will be utilized when constructing next to critical tree stands,
especially on steep slopes:
1. Leave critical areas (such as flood plains, steep slopes and wetlands) with
desirable trees in their natural condition or only partially cleared.
2. Locate roadways, building areas, and parking spaces away from valuable tree
stands. Follow natural contours, where feasible, to minimize cutting and filling in
the vicinity of trees.
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February 2009
3. Select trees to be preserved before siting, roads, buildings, or other structures.

4. Minimize trenching in areas with trees. Place several utilities in the same trench.
5. Designate groups of trees and individual trees to be saved.
6. Do not excavate, traverse, or fill closer than the drip line, or perimeter of the
canopy, of trees to be saved. Enclose the trees with construction/snow fence at the
drip line of the tree, prior to construction.
The effectiveness of any contractor to execute the proposed soil erosion and mitigation
measures will be positively enhanced by regular inspection and monitoring during the
construction phase of the project. Consistent monitoring will make the contractor
aware that the proper operation and maintenance of erosion control measures for this
project are of prime importance. Therefore, it is suggested that weekly site meetings
be scheduled during the earthmoving operations to be assured that all parties, including
the contractor, developer, town representative, and design engineer involved in the
construction project are aware of the condition of the control measures and the
proposed implementation schedule for stabilization. RSM Irondequoit Bay
Development, LLC will also provide a letter of credit to the Town of Irondequoit as an
assurance that the erosion control measures will be implemented.
As stated in the General Permit (GP-0-08-001), “Unless otherwise notified by the

Department, the owner or operator shall have a qualified inspector conduct site
inspections in accordance with the following timetable: (a) For construction sites
where soil disturbance activities are ongoing, the qualified inspector shall conduct a
site inspection at least once every seven (7) calendar days. (b) For construction sites
where soil disturbance activities are ongoing and the owner or operator has received
authorization in accordance with Part II.C.3 to disturb greater than five (5) acres of soil
at any one time, the qualified inspector shall conduct at least two (2) site inspections
every seven (7) calendar days. When performing just two (2) inspections every seven
(7) calendar days, the inspections shall be separated by a minimum of two (2) full
calendar days”.
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February 2009
Qualified Inspector means, “A person that is knowledgeable in the principles and

practices of erosion and sediment control, such as a licensed Professional Engineer,
Certified Professional in Erosion and Sediment Control (CPESC), licensed Landscaper
Architect, or other Department endorsed individuals. It also means some someone
working under the direct supervision of the licensed Professional Engineer or licensed
Landscape Architect, provided that the person has training in the principles and
practices of erosion and sediment control. Training in the principles and practices of
erosion and sediment control means that an individual performing a site inspection has
received four (4) hours of training, endorsed by the Department, from a Soil and Water
Conservation District, CPESC, Inc. or other Department endorsed entity in proper
erosion and sediment control principles no later than two (2) years from the date the
general permit is issued. After receiving the initial training, an individual working
under the direct supervision of the licensed Professional Engineer or licensed
Landscape Architect shall receive four (4) hours of training every three (3) years.
Note: Inspections of any post-construction stormwater management practices that
include structural components, such as a dam for an impoundment, shall be performed
by a licensed Professional Engineer”.
The area of disturbance will not exceed 5.0 acres at any one time.
4.1.3 Natural Protective Buffer Area

4.1.3.1 Impacts
The property is not within a Natural Protective Buffer Area. Mapping of the Coastal
Erosion Protection Area from the Natural Protective Feature Buffer Area Map from
NYSDEC, dated August 29, 1988, outlines an area just south and east of the project
site, but not within the site. (See Exhibit 2G (6).) Therefore, Coastal Erosion
Management (Article 34) permits will not be necessary for this project.
4.1.3.2 Mitigation
There will be no impacts to the Natural Protective Buffer Area, therefore mitigation is
not necessary.
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February 2009
4.2 Water Resources

4.2.1 Stormwater
4.2.1.1 Impacts
The development will include the reconstruction of buildings and pavements and other
impermeable surfaces on the site. A system of storm sewers will be installed to collect
and transport the stormwater from these areas to a stormwater management facility.
Eventually, the stormwater will pass through an underground sand filter, which will
facilitate the removal of suspended solids and pollutants and then through a french
drain infiltration pipe before it discharges through the bulkhead and into the Bay. The
amount of stormwater traveling to the north and east will be diminished due to the
decrease in the amount of impermeable areas associated with the redevelopment of the
property. Further, the quality of the water will improve with the installation of the sand
filters.
TABLE 8 – PROPOSED STORM WATER PEAK FLOW RATES

(cubic feet per second)
Q1 Q2 Q5 Q10 Q25 Q50 Q100

3.61 4.85 7.62 10.13 12.75 15.18 16.49
Comparing the pre-developed peak flow rates with the post developed rates we find
that the proposed development will decrease the stormwater discharge rates from
anywhere from 7% to 10%.
The pollutant levels of the stormwater discharge to the Bay are also projected to
decrease post-development:
Phosphorus: 8.53 lbs/acre/year post-development from 9.68 lbs/acre/year pre-

development
Nitrogen: 82.13 lbs/acre/year post-development from 92.90 lbs/acre/year pre-

development
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February 2009
This equates to a 12% decrease in the pollutant loadings of these constituents. This is
based strictly on increased green space. Additional results will be associated with the
installation of the sand filters with an estimated removal effectiveness of 79% for total
suspended solids.
The proposed project design reduces the percent of impervious area from 3.35 acres to
2.88 acres, resulting in a 12 percent overall reduction of pollutant loading for both total
nitrogen and total phosphorus. In addition, the replacement of the existing parking
impervious areas with building roof area provides water quality benefits by reducing
petroleum and automotive source pollution. This project meets the re-development
criteria set forth in Chapter 9 of the New York State Stormwater Management Design
Manual (January 2007) (NYSSMDM). Standard stormwater treatment practices will
be used to deal with at least 25% of the water quality volume from the contributing
drainage areas. Peak flow rate and channel protection volume criteria are not needed
because discharge will be to Irondequoit Bay, which is considered greater than a fourth
order stream.
The stormwater system has been designed to treat 25% of the water quality volume
from the site in compliance with criteria set forth by the New York State Department
of Environmental Conservation re-development criteria. The purpose of the narrative
of the site analysis below is to demonstrate why the sponsor cannot meet standards
applying to a new project. Site limitations preclude the implementation of a design,
which would meet the standards of a new development. These limitations include
debris-laden fill soils, the existence of a seasonally high water table, space
requirements for aboveground treatment, and the limited amount of elevation head
between the ground elevation and the existing discharge orifices.
According to the Monroe County Soil survey, the entire site is located on the Arkport,
Dunkirk and Colonie Soils (AtF3; 20 to 60 percent slopes). The soils present on-site
are classified as Hydrological Soil Group (HSG) Type B, which are soils which could
be considered for infiltration practices. The Newport House Club - Geotechnical
Evaluation report compiled by Foundation Design (December 2007) (Appendix A)
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summarizes old and new test boring and test pit exploration. The results revealed
extensive areas of fill on the site, as well as water encountered within five feet of the
surface. It should be noted that the groundwater measurements were taken in October
and November, and represent the lower extreme of the water table. The existing
conditions preclude implementation of the standard infiltration practices.
Standard practices of infiltration were considered and rejected for this project due to
soil site conditions. Other standard practices, including stormwater ponds and/or
stormwater wetlands, were rejected primarily due to the available elevation head
limitations (less than 5 feet), the possible seepage flow from the debris-laden fill into
an open permanent basin, the large footprint an open basin would require, and the
seasonally high water table.
Three underground sand filter structures have been deigned to treat the water quality
volume off-line in accordance to design criteria set forth in NYSSMDM Chapter 6 and
Chapter 9. The sand filter stormwater management facilities are suitable for sites
where a soil unacceptable for infiltration space is limited and/or seasonally high water
tables are present.
The existing stormwater management is composed of underground drainage through

French drains in a gravel filter bed to existing weep holes located in the existing sheet
pile wall. This existing system does appear to function well under existing conditions,
but the location and extent of the french drain gravel system cannot be verified. The
existing weep holes in the sheet pile wall will be left in place and connected to a new
perforated drain pipe encased in select granular fill that will be installed adjacent to the
boardwalk, parallel to the existing sheet pile wall. A new storm sewer piping system
will convey runoff to diversion structures with weirs to direct the water quality volume
to the proposed sand filter systems. These proposed sand filter systems will contain
perforated under drains to return treated runoff to the new perforated pipe encased in
granular select fill and ultimately to Irondequoit Bay.
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February 2009
The design of the storm drainage system and the stormwater management facilities are
in conformance with the New York State Department of Environmental Conservation
Phase II criteria and also comply with the NYSSMDM.
4.2.1.2 Mitigation
Due to site limitations including low hydraulic head and high seasonal water table
elevations, the proposed stormwater management practice may require explicit
approval of the MS-4 for non-compliance with the standard sand filter design practice
within the General Permit for Stormwater Discharges from Construction Activities,
Permit No. (GP-0-01-008). The preliminary design of the storm system provides a
separation distance between the filter bed and the high water table between 1.0 to 2.75
feet. Final design adjustments may be able to increase the separation distance even
further. The stormwater management system has preliminarily estimated the filter’s
pre-treatment volume at 1,400± cubic feet. Stormwater mitigation measures will
include:
• The project will implement a new stormwater collection system to collect
overland and concentrated flows during storm events. Sheet drainage will
occur in grass areas not susceptible to erosion.
• The improved stormwater collection system will pass through sand filters,
which will settle suspended solids.
• Two separate storm drainage systems will increase the water quality that
discharges into the infiltration system.
• The implementation of erosion and sedimentation controls are critical in
minimizing impacts to the Bay.
• The infiltration beds cannot be compromised and must be maintained.
• The additional grass areas to be developed will be decompacted to allow
filtration and infiltration, improving stormwater quality.
• The project will include the repair of an existing erosion problem at the
western side of the property, on the adjacent Town lands, where an existing
storm sewer from Newport Road discharges to the Cove. The end of the pipe
has eroded considerably and needs to be repaired. The project sponsor will
provide stone filling and plunge pool at the eroded section and continue the
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February 2009
stone fill to the wetland boundary. This work is not on the property, but
immediately to the west of the property. The stone treatment will be a highly
effective mitigation measure to prevent future erosion, and will avoid
unprotected sheet flow.
4.2.2 Floodplain
4.2.2.1 Impacts
The 100-year floodplain elevation of 251 feet has a very slight encroachment onto the
site to the north and east sides of the site. (See Exhibit 3C.) The project will fill a
portion of this area to allow for the construction of the condominium buildings with an
insignificant impact to the floodplain. The National Flood Insurance Program
recognizes that fill in flood fringe is an accepted practice. A Conditional Letter of Map
Revision Based on Fill (CLOMR-F) application will be submitted to FEMA prior to
final design and beginning construction. This will provide the Town and the project
sponsor assurance that filling this area is acceptable. An application would be made by
RSM Irondequoit Bay Development and a CLOMA-F would be obtained from FEMA
prior to construction. After construction, an application would be made to obtain a
LOMA-F after the building was constructed and verified that it is at or above the base
flood elevation.
4.2.2.2 Mitigation
• All buildings will be constructed at an elevation, which is a minimum of three feet
above the base flood elevation.
• The project will implement stormwater management facilities, which will decrease
the amount of discharge to the floodplain.
• Buildings and utilities will be flood-proofed and utilize flood-resistant materials.
4.2.3 Wetlands
4.2.3.1 Impacts
Newport Cove and Irondequoit Bay are part of NYS Freshwater Wetland RE-1, and
the cove area of RE-1 has a regulated 300-foot adjacent area instead of the customary
100-foot adjacent area (See Exhibit 2G). In addition, Newport Cove is federally
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regulated as a wetland. See Wetland Delineation Report by Environmental Resources,

LLC (Appendix B1). No work will occur within the wetland areas, and the wetland
buffer area is already disturbed. The site presently operates as a marina and boat
storage facility, with a majority of the site consisting of asphalt pavement parking lots
within the wetland buffer area. The redevelopment includes the construction of seven
residential buildings and one accessory structure with driveways, parking and
sidewalks on 5.9 acres. The development will not disturb any of the delineated
wetlands adjacent to the site, and construction will be limited to the buffer areas of the
wetlands. There will not be any direct encroachment on the delineated wetlands.
Temporary impacts to the adjacent buffer areas include the removal of pavement,
buildings and ground covers and the potential for soil erosion. Permanent impacts to
the adjacent buffer areas include a change in use from a strictly commercial use to a
residential use with a net increase in the greenspace on the site. There will be a net
reduction in the stormwater quantity (7-12%) and quality (12%) from the site to the
receiving waters of the Bay.
4.2.3.2 Mitigation
Temporary control measures will be implemented during the construction process to
mitigate any soil erosion impacts. Permanent control measures such as retaining walls,
curbs and gutters, grass channels, sand filters and gradient terraces will help in
protecting the wetland buffer area. (See Section 4.1.2 - Erosion Control.) There will be
an increase in the amount of greenspace and a decrease in the amount of impervious
surfaces, decreasing the amount of uninterrupted stormwater runoff to the cove. The
additional grass areas to be developed as part of this project will be decompacted,
which will also help preserve the wetlands by slowing overland flow velocity and
allowing filtration and infiltration, improving stormwater quality. The project sponsor
will obtain an ECL Article 24 freshwater wetlands permit from NYSDEC, and comply
with any permit conditions.
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February 2009
4.2.4 Irondequoit Bay

4.2.4.1 Massaug Cove
4.2.4.1.1 Impacts
Massaug Cove is located approximately 1,200 feet north of the mouth of Newport
Cove along the western shoreline of Irondequoit Bay. Like Newport Cove, the
area is considered a wetland with a 300-foot buffer area. The Irondequoit Bay
Bridge and its western abutment act as a flow impediment between the coves.
There will be no quantifiable impacts to Massaug Cove from this project due to the
cove’s location and the intervening peninsula associated with the Bay Bridge.
4.2.4.1.2 Mitigation
This project will not produce any discernable impacts to the Massaug Cove;
therefore mitigation efforts are not necessary.
4.2.4.2 Fertilizers and Herbicides

4.2.4.2.1 Impacts
The introduction of excess amounts of fertilizer can impair the adjacent waters
with excess nitrogen and phosphorus. Excessive amounts can undermine water
quality by contributing to eutrophication and the proliferation of undesirable
aquatic plants.
The following mitigation measures will be utilized to mitigate the impacts of
fertilizers, pesticides and other chemicals:
• Use of only phosphorus-free fertilizers within the project.
• A licensed certified applicator will be retained for the application of
pesticide, herbicide and fertilizer use at the site.
• Boat painting areas will be located away from the water’s edge and
designed to prevent runoff. Marina rules will require the owner to monitor
such applications to assure that paint chips or other wastes are collected
and prevented from contaminating the surrounding area.
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February 2009
• The facility will institute an integrated pest management plan (IPM). An

IPM plan is a systematic approach to managing pests, including but not
limited to identifying needed repairs and keeping storage areas within the
facility clean in order to reduce the need to use pesticides.
4.2.4.3 Marina Operations

4.2.4.3.1 Impacts
The Newport Marina will continue to provide minor boat maintenance, boat
washing, fueling, and pump out facilities. Any of these activities could have an
impact on the waters adjacent to the site. Fuel filters, oil filters, batteries, and used
oil all contain potentially hazardous chemicals. Boat washing may involve
alkaline or acidic cleaning solutions. Fueling of boats could involve the spill of
gasoline or diesel fuel. A spill could also occur during a pump-out of a boat’s
wastewater tank. All of these activities could have an impact on the environment.
These activities currently occur at the marina, and they will continue under this
project.
Environmental Compliance, Pollution Prevention, and Self-Assessment Guide for
the Marine Industry - March 2003, published by the New York State Department
of Environmental Conservation Pollution Prevention Unit, provides guidance in
the operation of marinas. The guide provides assistance to marina operators
regarding the proper management of wastes that are generated at marinas and some
of the environmental issues that affect the marina industry. The guide also
provides best management practices in mitigating impacts.
Best management practices detailed in Environmental Compliance, Pollution

Prevention, and Self-Assessment Guide for the Marine Industry - March 2003 will
be utilized in the operation of the Newport Marina, including:
• Containment and segregation (keeping filters in a container with secondary
containment)
• Proper disposal methods (hazardous chemicals)
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February 2009
• Spill prevention (spill catchment devices installed during fueling and

pump-out)
• Waste prevention (reduction and recycling)
• Alternative materials and methods (using alternative materials for boat
cleaning)
4.3 Terrestrial and Aquatic Ecology

4.3.1 Vegetation
4.3.1.1 Impacts
There will be some vegetation consisting of some minor trees, bushes and grasses that
will be removed during the initial stages of the construction project. A limited area,
totaling approximately 0.05 acres, of vegetation consisting of small maple, oak, cherry,
hornbeam and cottonwood with honeysuckle shrubs will be removed as part of the
development in the southeast portion of the site near townhouse unit number nine and
the northwest portion of condominium building number 101. No threatened or
endangered vegetation has been observed at the site. Therefore, there will be no
impact to any threatened or endangered species.
A considerable amount of existing undisturbed areas are to remain as natural habitats

and buffers. The vast majority of the slope (0.4 +/- acres) along the southern portion of
the property will remain untouched, which will act as a natural vegetative buffer
between Mooring Line Drive and the Newport Marine Club. An environmentally
sensitive area (0.3 +/- acres) in the northwestern portion of the property will also
remain undisturbed (See Exhibit 1 Drawing 224-M4).
4.3.1.2 Mitigation
Vegetation will be maintained as best as practicable by utilizing the criteria set forth in
Section 4.1.2.2 which includes saving desirable trees where possible, minimizing
cutting and filling, flagging trees to be saved, minimizing trenching next to trees,
fencing and flagging, along with erosion control measures provided to protect the
buffer areas. Disturbed areas will be reestablished as soon as practicable with the
establishment of vegetation. Extensive landscaping will be installed as part of the
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February 2009
redeveloped site with a mixture of trees, bushes, shrubs, perennials and ornamental
grasses. The various types of proposed plantings will be in keeping with the existing
buffer areas, habitats and existing species. No invasive species will be introduced to
the site (See Lighting and Landscape Plan in Exhibit 1).
4.3.2 Fish Shellfish and Wildlife

4.3.2.1 Impacts
No threatened or endangered fish, shellfish or wildlife has been observed at the site.
The bald eagles that have been observed on Irondequoit Bay nest at the southern end of
the Bay in the Town of Penfield. Therefore, there will be no impact to any threatened
or endangered species. The existing site is presently developed and occupied with
wide array of birds, mammals and amphibians. See Appendix B2, “Evaluation for
Presence of Significant Floral and Faunal Habitat and Species” by Environmental
Resources, LLC, pages 4 and 5, for a description of the wildlife species at the site.
Temporary impacts to the habitat areas of some of the wildlife will be associated with
the construction operations at the site. The project will have no long-term impact to
their viability at the site.
4.3.2.2 Mitigation
Temporary mitigation measures to protect habitat areas include the encapsulation of
the buffer areas from the construction area. No mitigation is proposed because there
will not be any long-term impacts. Appendix B2, “Evaluation for Presence of
Significant Floral and Faunal Habitat and Species” by Environmental Resources, LLC,
page 6 states: “However, no demonstrable impacts to habitants or existing wildlife
species are proposed, nor expected.
Human Resources
4.4 Transportation
4.4.1 Traffic
4.4.1.1 Impacts
The redevelopment of the Newport property will bring a slight increase in the vehicle
trips associated with the condominium and townhouse style development. The number
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of trips is estimated to increase by 33 vehicles per hour during the weekday morning
peak hour, 48 vehicles per hour during the weekday afternoon peak hour, and 54
vehicles per hour during the Saturday peak hour. However, this is a significant
reduction from when the Newport House restaurant was in operation. Detailed
information can be found in the Transportation Impact Analysis in Volume II of the
DEIS.
4.4.1.2 Mitigation
The capacity of a two-lane roadway is approximately 1,500 vehicles per hour, while
the projected peak hour traffic on Newport Road after construction of the development
is estimated between 70 and 80 vehicles per hour. The road has excess capacity with
no need for any capacity improvements.
4.4.2 Level of Service

4.4.2.1 Impacts
The intersections of Newport Road with East Ridge Road, Newport Road with Bay
Knoll Road, Newport Road with Baycrest Drive, and Newport Road with Mooring
Line Drive all presently operate at a Level of Service “A.” Traffic will increase along
Newport Road with the development of the Newport Marine Club. The proposed
Level of Service for the four referenced intersections will remain at a Level of Service
“A.”
4.4.2.2 Mitigation
The Level of Service of the intersections along Newport Road will not be significantly
diminished with the added traffic associated with the Newport Marine Club. Roadway
improvements to maintain the existing Level of Service are not warranted with the
Newport Marine Club development.
4.4.3 Temporary Construction

4.4.3.1 Impacts
The construction of the project will require that construction traffic, trucks, equipment,
materials, etcetera, travel along Newport Road to the project site. The increased
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February 2009
structural demands placed upon the roadway are discussed in a letter from Foundation
Design; P.C. to RSM Development Co. Inc. dated November 14, 2008. (See Exhibit
4A.) The estimated impact to the roadway is an increase of about 12% in the loading
of the road, but much less than what was occurring when the restaurant was in
operation. The passage of construction vehicles during peak periods may be difficult,
due to vehicular speed, size, and truck equipment maneuvering logistics.
4.4.3.2 Mitigation
In the letter report by Foundation Design, P.C., they concluded:
“Furthermore, if Newport Road were to undergo a major
failure it would likely be subscribed to general age and
water conditions rather than truck traffic from one parcel
along the roadway. Such a fault would occur irrespective
of the proposed development and be the responsibility of
the Town to remedy.”
Based upon the geotechnical analysis by Foundation Design, it is estimated that there
would not be any damages to Newport Road caused by the construction of the project,
and that if there were a failure this would be caused by age or water rather than truck
loading.
The workplan will include traffic maintenance and protection of traffic (M+PT)
implementation programs during construction, including construction vehicle warning
signage, cones and/or barrels, flagmen or temporary traffic signals along Newport
Road to notify the traveling public of slow-moving and construction vehicles, and to
assist in the safe passage of both construction vehicles and public traffic.
4.5 Land Use and Zoning

4.5.1 Conformance with Existing Land Use and Zoning
4.5.1.1 Impacts
The project includes continuing operation of the Newport Marina with additional the
construction of condominiums, and accessory structures in a Waterfront Development
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February 2009
(WD) zone. No zone change is requested for this project. The proposed uses are
permitted uses in this zone under the Irondequoit Town Zoning Law, with the issuance
of a special use permit by the Planning Board. Zoning compliance criteria issues are
discussed in more detail in DEIS Sections 2.5.2 and 2.5.3. The project is also in
compliance with the Town Master Plan, as discussed in Section 3.5.3.1.
The proposed development is a permitted use in the zone, by special permit and the
seven (7) multi-family buildings will have a density of 9.7 units/acre. The adjacent R-
1 development, which is zoned for single family residential, has a density of
approximately 2.0 units/acre.
4.5.1.2 Mitigation
No mitigation measures associated with land use or zoning is warranted. The Newport
Marine Club project will be in harmony with the existing land use and the zoning
designation of the property. The proposed development is a residential use and the
relative discrepancies of density between the adjacent R-1 zones are not considered to
have any significant impacts. The existing vegetated slope acts as a natural buffer
along the south border, which will provide a physical separation between the
development and the R-1 zone. Further, the project will be reviewed by the Planning
Board under the Site Plan review process prescribed by Article XV of the Town
Zoning Law, and the Special Use Permit process set forth in Town Zoning Law Article
XVI.
4.5.2 Surrounding Area

4.5.2.1 Impacts
Adjacent land use is primarily residential. The Newport Marine Club will change the
previous primarily commercial use to a condominium and townhouse residential use.
The mix of single-family residential with condominium/townhouse use is a generally
considered a better transition than what presently exists between commercial use and
residential use. The impact that this project will have on future development patterns is
minimal. There are very few developable properties nearby. The project itself will not
create any additional demand to increase intensity of use of the surrounding lands. The
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February 2009
construction of an exclusive, high-end, gated residential community at a location that is

being operated as a commercial marina and boat storage facility will have a positive
impact on the land values in the surrounding area. The higher assessment and proposed
use of the Newport property will most likely increase property values in the
surrounding area.
4.5.2.2 Mitigation
Higher property values will have a positive effect for the community and the
landowners in the surrounding area. The development of the Newport Marine Club
will be an asset to the neighborhood as opposed to more intense uses permitted in the
Waterfront Development (WD) District. It is estimated that the project could
ultimately provide an annual addition of $259,000 in town and county taxes, and
another $668,000 per year in school taxes. The current Town of Irondequoit tax base is
$2.5 billion (2008) in assessed valuation with an estimated 2009 Town budget of $16.3
million. The East Irondequoit Central School District serves approximately 3,600
students and has a budget of $54 million. The increase in the tax revenues would
equate to about 1% of the Town and school district budgets.
4.6 Community Services

4.6.1 Emergency Responders
4.6.1.1 Impacts
The Irondequoit Police Department, the Culver-Ridge Volunteer Fire Department, and
the Irondequoit Volunteer Ambulance Services have been contacted regarding the
project to assess the impacts that this project would have on their services. Costich
Engineers have discussed the project with the Fire Marshal’s office and Ambulance
Services. They did not foresee any problem in providing service to the redeveloped
Newport property. Their written responses, included in Exhibit 4B, revolve around
access and maintenance. The Police Department did not foresee a problem in
providing service.
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February 2009
4.6.1.2 Mitigation
The access comments from Fire Marshal have been addressed on the Site Plans
attached as Exhibit 1. The detailed access concerns of the Irondequoit Volunteer
Ambulance Services will be addressed during the refinement of the project and
implemented during the development of design drawings for the buildings. All
comments received can be easily addressed (See Exhibit 4B). The fiscal impact that
this project will have on the real estate tax income to the Town is discussed in Section
4.5.2.2. The additional tax revenue will be able to offset the additional services
provided by the Town.
4.6.2 Utilities
4.6.2.1 Impacts
Water Supply
The proposed domestic water demand for the project is estimated at approximately
21,000 gallons/day. The fire flow demand is dependant upon the type of structure,
materials of construction, exposure, and whether or not the structures contain sprinkler
systems. The proposed buildings are to be sprinkled, and the fire flow demand can
vary dramatically. Once the design of the buildings is more fully developed, the
actual fire demand will be calculated. The existing 6 inch water main at a pressure of
20 pounds per square inch can deliver up to 1,050 gallons per minute of water
(1,500,000 GPD).
Sanitary Sewers
Residents of Newport Marine Club will place additional demands on the sanitary
system infrastructure. A new sewer main is to be constructed along the north side of
the driveway and connect to the existing pump station. The residential uses will
connect to this new main. It is anticipated that the condominiums and townhouses will
increase the flow to the to the pump station to about 16,000 gallon per day. The total
flow to the station would then be approximately 26,400 gallon per day. The existing
available capacity of the sewer pump station is 125,504 gallons per day.
4-22
February 2009

Additional demands will be placed on the private utility companies to provide service
to the project. Preliminary plans have been sent to the utilities for their review.
4.6.2.2 Mitigation
Water Supply
The water supply has excess capacity that can easily be accommodated with this
development. Discussions with the Sea Breeze Water District determined that the
proposed development would not place any hardship on the water supply system. A
pressure relief valve on the watermain will be provided at the west end of the project.
Sanitary Sewers
Sanitary sewers have been designed to effectively collect and transport sanitary wastes
from the residences to the pump station. The available pump station capacity is
approximately 125,500 gallons per day, or almost five times the demand. Therefore,
the sanitary sewer system and pump station should have little problem in meeting the
requirements of the proposed development. Discussions with the Commissioner of
Public Works confirmed that the pump station operates well and that capacity should
not be a concern.

Written confirmation that gas, electric and cable service will be made available to the
project is included in Exhibit 4C. RG&E and Time Warner Cable both indicate that
tariffs and/or cost-effectiveness will be involved for their services. The preliminary
correspondence did not address details of the actual facilities construction and
conveyance of the services, which will be determined during final design. It can be
assumed that minor upgrades may be performed to supply service to the project.
Frontier Telephone has not responded as of yet, but in most cases their availability to
service any development in the area has not been a problem.
4-23
February 2009
4.6.3 Schools and Recreation

4.6.3.1 Impacts
The estimated student population associated with this development will be limited due
to the upscale nature of the project along with the condominium style of residences,
which do not make them attractive to large younger families. At the same time, a
substantial increase in tax revenues will be associated with the development. It is
estimated the project could produce an additional $259,000 in town and county taxes
and $668,000 in school taxes annually. The impacts that the project will have on parks
and other recreational opportunities in the area will also be minimal. This bayfront
property provides access to many recreational activities that can be enjoyed by the
residents without the need to utilize other recreational areas. Some dock space will be
lost for use by the general public, but will be reserved for the residents of Newport
Marine Club.
4.6.3.2 Mitigation
The East Irondequoit School District may be slightly impacted with a small increase in
the student population. The additional tax revenues available from the project should
more than offset the expenses of the students residing at the development.
Recreational facilities should not be impacted by the proposed development. The
marina operation will remain, and public access to the marina facilities, including the
gas pump, and the docks will continue.
4.6.4 Town of Irondequoit

4.6.4.1 Impacts
The Town of Irondequoit and the Sea Breeze Water District will have additional
responsibilities associated with the Newport Marine Club development. The project
sponsor will include the construction and extension of watermain and sanitary sewer
utilities to service the proposed residential development. An existing sanitary sewer
pump station will also be utilized more often as additional flow is directed to the pump
station. Once the watermains and the sanitary sewers are constructed, it will be the
responsibility of the Town to operate and maintain these facilities. No additional
impacts to the Town are anticipated from road construction or storm drainage facilities,
4-24
February 2009
as both of these infrastructure improvements will be privately constructed and

maintained.
4.6.4.2 Mitigation
The fiscal impact to the Town of Irondequoit and the Sea Breeze Water District to
operate and maintain the sanitary sewers and the watermains will be minimal.
Additional Town and County tax revenues of approximately $259, 000 per year will be
available from the development to offset the additional operation and maintenance
costs associated with these utilities. The residents will also supplement the Sea Breeze
Water District through water use fees.
4.7 Cultural Resources

4.7.1 Visual Resources
4.7.1.1 Impacts
Architecture
The Newport Marine Club shall include three new types of structures, including the
condominium style units, the townhouse style units and the Nautica, the clubhouse for
residents and boaters.
The condominium style units will be housed in four buildings located along Newport
Cove. Each building will have three floors of living units with a total of 11 or 12
condominium units in each building. Parking will be located below in a lower level
that is below ground to the south and exposed to the north.
The townhouse style units are in three buildings with three units each. The buildings
will be located along the southern portion of the site. Parking will be located in a
lower level exposed to the north and below ground to the south.
The Nautica will be a one story building located along the eastern side of the site. It
will have a relatively low peaked roof.
4-25
February 2009
The massing of each building presents a New England seaside gambrel look.
Materials will vary. The masonry that will appear at the garage and sometime carried
up into the other levels will be a yet to be selected cultured stone product; simulated
stone in a concrete material. The primary siding material will be a molded vinyl
shingle product, 6” exposure. Separate gambrel gables may also use painted or
prefinished concrete clapboard (Hardie Plank) trim, which will be painted or
prefinished Hardie Plank, or Azek PVC trim.
There will be a general beige/gray color scheme but a variety of other colors will be
used as accent colors to give each of the buildings its own personality. This will be
accomplished using different colors of the already mentioned materials or by using
paint colors.
The roofs on all four buildings will use the same Class-A fiberglass/asphalt black
blend architectural roofing shingle. Railings will probably be a vinyl product. Trim
and railings will be white, as will the windows and window trim.
All colors and materials will be subject to review and change during the Design
Development phase and constructions document phase. The Nautica will follow the
same color and material selection.
Landscape
Redevelopment of the Newport House and Marina to the Newport Marine Club will
result in a significant reduction of impervious area and corresponding increase in green
space. The greenspace will generally take the form of lawn area. Landscaping will
consist of low evergreen and deciduous shrubs, with a variety of grasses incorporated.
Deciduous flowering, ornamental trees and evergreen trees will be incorporated only in
areas that will not block the view of the residents or neighbors. Hardscape, including
walkways, stairs, walls and boardwalks, will be in a nautical style. The overall
appearance of the site will be far greener than the existing site.
4-26
February 2009
Lighting
Lighting of the Newport Marine Club will be the minimum amount necessary to
provide safety to the residents and boaters. Lighting shall be accomplished utilizing
pole-mounted lights, building mounted lights and walkway lighting bollards. Pole
mounted lights will be primarily 10’ in height with some 14’ double fixture light poles
at intersection areas. Building mounted lights will match pole-mounted lights. All
building and pole-mounted lights will be dark sky compliant.
Onsite Views
Viewsheds onsite of the Bay and the Bay Bridge (north and northeasterly) from the
entrance road will be reduced from the current site due to the addition of the bayside
units. Views to the east will be improved due to the removal of the Newport House
restaurant. The residential units will be oriented to provide residents views of the Bay
and Bay Bridge. The floor plans of the units have been designed to maximize the
views. The orientations of the condominium style units will maintain a 45’ wide gap
that to allow the townhouse style units views to the north and northeast. These units
will also have views to the east.
Offsite Views
Views of the Bay and Bay Bridge currently exist from Newport Road, Baycrest Drive
and Mooring Line Drive. The site is also viewed from Irondequoit Bay Bridge. Given
the significant change in elevation from Baycrest Drive and existing topography, no
visual impact on view from Baycrest Drive is anticipated. Views from the Bay Bridge
are limited by the vertical grade, woods and concrete barrier along the side of the
bridge.
Views from the offsite public portion of Newport are limited to the last several
hundred feet of the road due to the existing woods and the horizontal curve at the end
of the road. The buildings to the north and northeast will reduce the views at the very
end of the road. Views will be improved to the east where the Newport House was
located.
4-27
February 2009
Residents of Mooring Line Drive located south of the Newport Marine Club have
views to the north and east. As detailed in Plan Sht. 224-M4, the “Grading and
Stormwater Pollutant Prevention Plan” in Exhibit 1, the elevation of the residences on
Mooring Line Drive is generally 30 -50 feet higher than the site of the proposed
development with the residences located at the top of a 50 – 100 foot wide wooded
slope/ridge. The site will be filled slightly in the northeast corner by approximately
three feet to provide for the buildings to be placed above the floodplain. Buildings to
the west end of the site will be cut into the slope by about four to six feet. Current
views to the north from the Mooring Line Drive residences at the top of the ridge
include the Marina, restaurant, boat storage, wooded areas, Irondequoit Bay Bridge and
approached embankment and the bay. During much of the year, the vegetation near
the top of the slope blocks views of the site below. Development of the Newport
Marine Club will impact the views from the residences. Removal of the boat storage
and restaurant building will eliminate these items from the viewshed. Views of the
Bay in the area of the existing Newport House will be improved. Defining the impact
to views of Mooring Line Drive residents by the Newport Marine Club is best
illustrated by looking at elevation views and computer/photo simulations. See Exhibit
3E. Both Mooring Line Drive and Newport Road fall in elevation from west to east.
Generally, the finished first floor of the condominium style units is 40 to 50’ below the
adjacent Mooring Line Drive homes. In all cases the peaks of the condominium style
units fall below the finished floor of the existing Mooring Line Drive residences. The
photo/computer simulations depict the views from Mooring Line Drive and from the
Irondequoit Bay Bridge. The simulation shows that portions of the Marina, lower Bay
Bridge, and bridge approach are partially blocked by the proposed structures.
Buffers
A considerable amount of existing undisturbed areas are to remain as natural habitats
and buffers. The slope along the southern portion of the property will remain
untouched, which will act as a natural vegetative screen and buffer between Mooring
Line Drive and the Newport Marine Club. An area in the northwestern portion of the
property will also remain undisturbed. This area will buffer the views from the Bay
towards the development.
4-28
February 2009
4.7.1.2 Mitigation
The following design elements have been implemented to minimize the impacts to the
viewshed:
• The architectural style of the buildings will complement the residential and
marine character of the neighborhood.
• Landscaping improvements will include low growing decorative species that
will allow views of the Bay Bridge and the Bay.
• Site lighting will be set low, point directly down, dark sky compliant that will
not spill light onto adjacent properties.
• The top of all the proposed structures will be below the floor elevation of the
Mooring Line Drive homes.
• The orientation of the condominium units and the spacing between the units
will allow views of the Bay, Bay Bridge and the Marina.
• Constructing the townhouse units into the hillside with parking below grade
will improve views by keeping the structures lower with a reduction in surface
parking.
• Existing vegetative buffers along the south property line and in the northwest
corner will remain and maintain the existing viewshed.
4.7.2 Historic and Archeological

4.7.2.1 Impacts
The State of New York Office of Parks Recreation and Historic Preservation lists the
site to be within an archeological sensitive area, while the site does not contain any
registered federal or state historic sites. The Irondequoit Bay Harbor Management
Plan notes, “The Newport House” as a non-Native American historic site; however, the
vast majority of the Newport House was rebuilt in the late 1980’s, so it currently does
not have any value as a historical resource. The building will be demolished as part of
this project. The site has been consistently disturbed for a number of years including
fill activities and extensive asphalt parking lots over much of the site, and there is little
or no area, which remains untouched. As such, potential for archeological artifact
sensitivity is diminished. Most all of the new construction will occur in previously
disturbed areas.
4-29
February 2009
4.7.2.2 Mitigation
Based on the historical disturbance of the site, there are no anticipated impacts to any
historic or archeological resources. Coordination with the State of New York Office of
Parks and Recreation and Historic Preservation will be performed and will be
addressed accordingly.
4-30
February 2009
5.0 Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented
Extensive thought and effort has gone into the design and planning of the proposed project. Studies
and analysis have been completed to identify and mitigate the potential impacts associated with this
project. Some potential adverse impacts cannot be avoided by use of reasonable, prudent
mitigation measures. Included in this category are:
• Consumption of resources such as energy, building materials, fuel, and labor

• Removal of vegetation and the potential of soil erosion during development
• Altered site appearance
• Illumination of the project site during evening hours
• Loss of some undeveloped, waterfront property
Consumption of Resources
The project will utilize a number of resources that will not be able to be replaced. The consumption
of energy, labor and building materials will not present a significant environmental impact. The
resources that will be expended are readily available with adequate supplies. All efforts will be
made to minimize waste during project construction and operation, along with the utilization of
post-consumer materials, whenever practicable. Existing pavements will be crushed and utilized as
fills were possible. Building materials will be recycled as part of the existing structure demolition.
Vegetation and Erosion Control

Where possible, the existing vegetation will be left in its natural state. The development will also
contain a substantial landscape plan to supplement the existing vegetation at the site. Erosion
control is an integral portion of the Stormwater Pollution Prevention Plan (SWPPP) for the project.
Disturbed areas will be stabilized as soon as practicable in order to minimize any soil attrition.
Construction details are shown on the Erosion Control Plan and within the SWPPP for the project.
Site Appearance
The appearance of the site will be substantially different with a larger amount of building area and
less pavement areas. The existing commercial parking and boat storage area, which is not
consistently maintained, will be replaced, and the large boat storage areas will be eliminated. In its
place, a diverse, upscale, architecturally pleasing, residential development will be constructed
5-1
February 2009
within the Newport peninsula. The topography of the site will generally remain the same. Some of
the views of the Bay from off-site will be obscured by this development, but generally most views
will remain the same. Mitigation measures have been taken, under this proposal, to maximize
views, which include locating the buildings on a skew, in order to provide gaps allowing northerly
views of the Bay from the residences located along Mooring Line Drive.
Illumination
Site lighting will be necessary to provide safety and security for the residences of Newport Marine
Club. The use of a minimum number of lighting fixtures, with fixtures designed to direct the light
directly down to minimize any light spill, and the placement of the fixtures at a low height, are
measures that will be implemented in the design of the lighting, in order to alleviate any
detrimental impacts. The design of the site lighting will not allow the spill of light onto adjacent
properties.
Under-developed Waterfront Property

The existing site is presently under-utilized in its potential for residential development. There are
no residential uses presently on the property, while at the same time; there is an ongoing demand
by the general public for homes on the water. The original concept plan that was discussed with
the Town of Irondequoit included a total of 64 residential units. The current proposal has been
adjusted to 56 units and the buildings have been re-oriented to mitigate visual impacts. This
project will replace the existing commercial use with an appropriately designed residential use,
which is within the accepted intensity requirements. The development will result in the loss of
some undeveloped waterfront property.
5-2
February 2009
6.0 Alternatives
6.1 Alternative A (no action) - Keep existing Newport Marina and Restaurant facility. Since
the 1980s, the project site has been used as a restaurant and marina. The restaurant use is
allowed by special permit in the WD district. Town Code §235-32(A) (8). Further, the
Town Zoning Law does not provide for expiration of a special permit, so the prior
approval of the Newport House restaurant runs with the land and is still in effect.
However, this alternative is not a preferred option. Two main factors contribute to the
difficulty in maintaining a full-scale restaurant in this location:
1. Lack of use in the off-season. The Newport House restaurant, including the party
house operation, has always struggled in the spring, fall and winter. In Rochester,
waterfront dining and drinking are associated with being outside in warm weather.
Combining the waterfront location with the Newport Road grades, and the potential for
being snowed in, may cause the restaurant patronage to fall to unsustainable levels in
the off-season.
2. Changing entertainment and drinking habits. During the peak patronage of the
Newport House, there was an active outdoor deck and nightly entertainment with live
bands. Enforcement of drinking and driving laws and a societal change shifting away
from over-consumption of alcohol may result in reduced attendance.
Other factors diminishing the viability of this use include: wear and tear and age of the
facility, higher cost of food, staffing with a large fluctuation of customers, and more
and more dining options for area residents.
Given the seasonal effects of the site and reduced customer base, the party house and
restaurant use may not be economically viable. Further, use of the site as a marina-
only operation at its present size is also not economically viable on its own, since the
property owner will be paying carrying costs on acreage it cannot use. However, given
the fact that RSM Irondequoit Bay Development, LLC already owns the property and
is operating the Newport Marina, if viable residential development is not approved, it
may need to reopen the restaurant.
6-1
February 2009
6.2 Alternative B - New development consistent with the Town Master Plan (1985), which
recommends private marina and/or restaurant.
The 1985 Town Master Plan refers to the Newport site as Area “A”. The Master Plan
states (at p. 96):
“b) Parcel A: Designate this site as a waterfront development district to

preserve future land use flexibility and provide substantial public sector
review authority; consider private marina and/or restaurant use.”
To make the marina/restaurant a viable option, changes to the current facility would need
to be incorporated. Scaling down the party house/restaurant portion would be a priority.
Some of the current restaurant would likely be converted to a gathering space for the
boaters. A change in the type of dining would also be proposed. Rather than trying to
combine fine dining and the more casual dining boating customers, deck-goers and
nightlife, a focus would be shifted to eliminate the fine dining and provide more of a
casual dining and gathering atmosphere.
Increased utilization of the marina site would also be necessary to make this a viable
alternative. In April of 1994, the Town approved a 60’ x 70’ x 30’ tall storage building
adjacent to the southern property line. This plan was expanded to 102’ x 120’ in 1996.
The building would allow for rack storage of up to 100 boats. Marina customers would
call ahead and have boats put into the water by a large forklift. When they are finished,
the boats would be replaced on the rack. Increased parking demand could be met by
reductions in parking demands of the party house. The plans for the boat storage rack
building are found in Exhibit 6A.
Alternative B is an improvement over Alternative A (no action) by providing expanded

and enhanced marina and restaurant operations. This alternative does not overcome one
of the major downsides at the current use --- lack of customers in the off-season. This
6-2
February 2009
alternative would change viewsheds (boat stacking building), and result in increased
traffic and increased parking demand. These negative impacts make this alternative less
desirable.
6.3 Alternative C – In Alternative C, modifications have been made to the proposed action
based upon input received in the process to date. The modified plan is found in Exhibit
6B. Modifications incorporated in Alternative C include:
The Nautica is incorporated into the lower level of Building 104. The location on the
docks is ideal for boaters and homeowners.
Rotation of Building 104 results in a better fit within the site.
Incorporating a multi-level roof system on the two easterly buildings. The result is a
lowering of the building height at the water’s edge from three stories, with lower
level parking exposed to just three stories. The number of units is decreased, and the
parking demand is lessened.
The rotation of building 101 results in moving the building away from the steep
slopes.
Alternative C accomplishes solutions to many of the concerns expressed to date with

the Nautica incorporated into building 104. The east end of the site is opened up,
providing enhanced views beyond today’s with the removal of the Newport House
building.
The building rotations allow for building 101 to move 25 feet from the top slope along
Newport Cove. This also allows for an undisturbed buffer in this area. The 225 x 250
foot shopping and planting zone approved as part of the Newport House permitting
could be expanded and enhanced as a result.
This alternative also includes modification to the architecture of buildings 103 and
104. In these buildings, the third story level is removed on the northern portion of the
building. The roof is stepped, and the overall appearance from the water’s edge is
decreased by one story. The building elevations are shown in Exhibit 6C.
6-3
February 2009
The overall impact of this alternative is a that it decreases the amount of earthwork
needed at the site, increases the amount of parking available, decreases the density of
the project and increases the views from Baytree Subdivision. The modifications found
in Alternative C are positive solutions to many of the issues brought fourth and are
recommended for serious consideration.
6.4 Alternative D – Townhouse style units (See Exhibit 6D)
Alternative D is a townhouse style design only plan. The buildings are in blocks of 3, 4
and 5 units. The buildings would have parking and storage below with two living levels
above. These units would be similar to the proposed units along the southern portion of
the current plan. The plan would have the Nautica as an end-cap to the most southeastern
building. All units would have two parking spaces within each garage, and parking in
front of each garage for a total of 4 parking spaces per unit. 67 parking spaces would be
available for boaters.
Alternative D would result in 45 units, compared with the 56 units of the current plan.
The layout is somewhat random, and densities could likely be increased if a symmetrical
layout were to be utilized. The layout results in some very desirable units and some
secondary units. Units on the interior and southern portions of the site would have
limited views. Views would be significantly reduced to the east when compared with
Alternative A and Alternative C (fewer gaps).
Given the reduction on the number of units, and the limited views available to some of
the residents, the return on the investment made by the project sponsor in overhead and
hard work, would render this alternative less viable.
6.5 Alternative E – Describe and evaluate a residential development alternative consistent

with EPOD, WD Zoning, LWRP and Irondequoit Bay Harbor Management Plan.
The proposed action is already consistent with EPOD, WD Zoning, LWRP and Irondequoit
Bay Harbor Management Plan.
6-4
February 2009
Effects of EPOD – Wetland buffers are shown on Exhibit 2G (1).
A permit would be applied for regulated activities described in Town Code §235-
51(C) (1, 2, 3, and 6). No activities are proposed within the wetland, only the buffer
area. The proposed activity will result in increased green area within the buffer.
Decompaction of soils within the buffer is also proposed. The project would require
the wetland EPOD permit, and would be modified if necessary to comply with
reasonable conditions.
EPOD 2 Steep Slope Protection District
Steep slopes exist on the northern, central and southern portions of the site. Permits
would be applied for regulated activities described in Town Code §235-52(C)(1, 3, 4,
and 5) in areas that qualify as steep slopes that were manmade as a result of the
Newport Marina site work in the 1980’s. Natural steep slopes in the northern and
southern portions of the site would be untouched, except for a small area impacted by
the corner of Building 101 and townhouse-style unit no. 9. The project would require
the steep slope EPOD permit, and would be modified if necessary to comply with
reasonable conditions.
EPOD 4 Flood Plain Protection District
The flood plain is shown at elevation 251’ on Drawing Number 224-EPOD, entitled
“Map Showing EPOD Districts, EPOD 1 Wetland Protection District.” No prohibited
activities are planned. Regulated activities that permits would be applied for include
Town Code §235-55(C) (2) (b and d). Structures will have finished floors located
above the flood plain.
WD Zoning – The current plan complies with WD Zoning, as described in sections

2.5.2 and 4.5.1.
6-5
February 2009
LWRP – This project coincides with the development opportunities, zoning, land use,
habitat areas, water resources, scenic resources, and public access policies proposed
by both the Master Plan and the LWRP. A detailed discussion of project and the
LWRP is included under Section 2.1.2.1 of this DEIS.
Irondequoit Bay Harbor Management Plan (11/2003) – As discussed in Section

2.1.2.2, the project is consistent with the Harbor Management Plan. The Center
Harbor is specifically designated as “the area around Newport Marina.” Harbor
Management Plan at 78. The recommended carrying capacity for the Center Harbor
Area is a total of 217. The project does not include any increase in the existing 184
slips. Further, the project will eliminate dry storage.
6-6
February 2009
7.0 Irreversible and Irretrievable Commitment of Resources
Even though the development of the Newport Marine Club will bring benefits to the Town of
Irondequoit and the surrounding community, some non-renewable, natural, or man-made resources
will be consumed or committed during the lifetime of the proposed project. These resources are
considered irretrievable and permanently committed, since their reuse for purposes other than the
proposed development is either not possible or highly unreasonable.
The development of underutilized land would commit this area to their development uses. Some
materials and energy consumed in the anticipated construction are irreversible and irretrievable
obligations. Materials that may be permanently committed include wood, steel, concrete, asphalt,
block, brick, glass and other materials used to construct the buildings and the site improvements.
The fuels used by the construction equipment will also be lost as well as the energy consumed by
the facilities during the operation and maintenance of the residential units. The utilities and
services that will be furnished for this development are opportunity costs that are dedicated and lost
from being utilized for other projects or programs.
The capital expended for this development and the labor involved in the construction and
maintenance of the proposed development are resources that are irreversible and irretrievable.
7-1
February 2009
8.0 Growth Inducing Impacts
Over the years of operation of the Newport Marina and restaurant, many marina and restaurant
customers have expressed interest in living in the area, to fully appreciate the marina and
Irondequoit Bay. The proposed development will be an improvement of a previously developed
and inefficiently utilized site. This site is unique in that it is an existing marina with on-site
redevelopment opportunities that will satisfy an existing market demand for residences. The
overall effect of the development will be to create a more private atmosphere for boaters and
residents, while reducing the traffic, noise, and intensity of the use, due to the elimination of the
public restaurant. A great deal of the property in this vicinity is already developed for residential
use, including some developments that have similar, if not greater, density than this proposal. As a
result, there are no obvious opportunities for development nearby. Further, this project is not
designed or intended to be a part of a larger plan or wave of development. Market demand
dictates the development in the area, and the proposed low-intensity, attractive residential
component of the Newport Marine Club will only serve to improve the surrounding area, and will
not create any additional incentive or demand for condominium development in the vicinity. It is
not anticipated that this project will spur similar development along the Bay.
8-1
February 2009

Draft Environmental Impact Statement Newport Marine Club

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Draft Environmental Impact Statement Newport Marine Club

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DRAFT ENVIRONMENTAL IMPACT STATEMENT

NEWPORT MARINE CLUB

LEAD AGENCY: TOWN OF IRONDEQUOIT

PROJECT SPONSOR: RSM IRONDEQUOIT BAY DEVELOPMENT, LLC

PREPARED BY: COSTICH ENGINEERING

SUPPLEMENTAL INFORMATION SUPPLIED BY:

BARKSTROM & LACROIX ARCHITECTS

FOR ADDITIONAL INFORMATION CONTACT:

PLANNING AND ZONING OFFICE

DATE FOR SUBMISSION OF COMMENTS: March 20, 2009 @ 5:00 p.m.

1.1 Proposed Action .......................................................................................................... 1-1

2.0 Description of the Proposed Action

2.1 Project Purpose Need and Benefit............................................................................... 2-1

2.5.1.5 FEMA - Letter Map Amendment – Fill (LOMA-F) ................................... 2-25

3.0 Environmental Setting

4.0 Environmental Impacts and Mitigation

4.4.2.2 Mitigation .................................................................................................... 4- 18

6.1 Alternative A – No Action .......................................................................................... 6-1

7.0 Irreversible and Irretrievable Commitment of Resources.................................................. 7-1

8.0 Growth Inducing Impacts .................................................................................................. 8-1

Table No. Description Page

Table 1 Design Standards ................................................................................................ 2-11

Table 2 Required Parking Space Count ......................................................................... 2- 14

Table 3 Provided Parking Space Count ......................................................................... 2- 15

Table 4 Bulk Density ..................................................................................................... 2- 26

Table 5 Building Setbacks ............................................................................................. 2- 27

Table 6 Existing Storm Water Peak Flow Rates ............................................................... 3-4

Table 7 Existing and Previous Traffic Volumes ............................................................ 3- 11

Table 8 Proposed Storm Water Peak Flow Rates ............................................................. 4- 8

Exhibit 1 Site Plans

Exhibit 2I Boat Slip Capacity References

- America Association of State Highway & Transportation Officials “A Policy on Geometric

Appendix A Newport House Club – Geotechnical Evaluation, December 2007 by Foundation

Appendix B1 Wetland Delineation Report, November 19, 2008 by Environmental Resources,

Appendix B2 Letter Report to Costich Engineering from Environmental Resources, LLC

Appendix B3 Letter Report to Costich Engineering from Environmental Resources, LLC

Appendix C Irondequoit Creek Watershed – Stormwater Management Report, December 2008

1.1 Proposed Action

This Draft Environmental Impact Statement (DEIS) is to be utilized to assess environmental

1.2 Beneficial and Adverse Impacts

• Stabilizing the base of a slope along the south property line

1.2.2 Potential Adverse Impacts include:

1.3 Proposed Mitigation Measures

• Continued implementation by the Newport Marina of Best Management Practices,

1.4 Alternatives Considered

1.5 Approvals and Permits

1.6 Involved and Interested Agencies

• Monroe County Engineering and Health Departments

1.7 Town Representatives

Town of Irondequoit Planning and Zoning Office

Anthony Favro – Senior Planner

Town of Irondequoit Town Engineer

LaBella Associates, P.C.

1.8 Project Sponsor

1.9 Applicant’s Consultants

Environmental Resources, LLC

Fix, Spindelman, Brovitz & Goldman, P.C.

Foundation Design, P.C.

James Fahy Design

Knauf Shaw LLP

2.0 Description of the Proposed Action

2.1 Project Purpose, Need and Benefit

2.1.1 Background and History

2.1.2 Public Need and Objectives Based on Community Development Plans