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HomeMy WebLinkAboutDam Pond TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone 1516) 765-1892 o-a ~ ~, SCOTT L. HARRIS SuFervisor  Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516)765-1823 TOWN OF S OUTHOLD Telephone (516) 765-1800 October 1, 1990 Michael Gieger Project Manager NYS Dept. of Transportation Veterans Memorial Highway Hauppauge, NY 11788 RE: Dam Pond, NYSDOT PIN #0041.60.201, NYSDEC #10-89-1286 Rt 25 Dam Pond Channel, Orient, Suffolk County Dear Mr. Gieger: This letter is to inform you that the Southold Town Trustees are no longer in a position to wait for your agency's response to our numerous requests. Although my recent conversations with you have been quite positive there have been no confirmations in writing from you or your superiors. The Trustees have forestalled additional legal action in this matter to permit the construction of the temporary bridge on the site. This period is rapidly drawing to a close. I have taken the liberty of copying individuals in a position of superior authority who may help us directly in our simple needs. Your cooperation in this matter would be greatly appreciated. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB: jmt Enc. cc: See Attached List CC' Supervisor Harris Town Board ~/ Town Attorney Regional Director, DOT Regional Director, NYSDEC NYS Senator Ken LaValle NYS Assemblyman Joseph Sawicki Suffolk County commissioner of Public Works TRUSTEES John M. Btedemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Supervisor ~ P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516)765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 April 18, 1990 Craig Siracusa, Regional Design Engineer New York State Dept. of Transportation State office Building, Veterans Highway Hauppauge, New York 11787 RE: Dam Pond Bridge, Rt 25, East Marion Dear Mr. Siracusa: This letter is being sent to your office at the suggestion of Michael Geiger and as confirmation of a phone conversation I had with him this morning with respect to the Dam Pond, East Marion Bridge Restoration. The Southold Town Board of Trustees visited the site on April 17, 1990 with a set of plans your office had previously supplied to our Highway Department. The following requests and concerns were discussed by the five members of the Board on site at that time: 1. To change the "Stream Course" six feet to the east the N.Y.S.D.O.T. must secure an easement from the Southold Town Trustees for placement of the westerly bridge abutment on Town Trustee Land. Title to all the lands under mean high water in this portion of the creek are held by the Trustees under the Andros Patent which dates to 1676. 2. The N.Y.S.D.O.T. must abandon and/or transfer to the Trustees any rights previously acquired for that six foot portion of former Trustee land where the current east abutment sits which will once again become a flowing tidal stream. 3. The Trustees maintain that a permit is required under Chapter 97 of the Town Code which is the Local Wetlands Ordinance. 4. The Trustees maintain that a permit is required for the placement of any structure on Trustee land under Chapter 32 of the Laws of Southold Town and the Laws of 1893 of the State of New York. These codes specifically affirm our ownership of the creek bottoms and our right to manage, lease or convey these properties. 5. The Trustees want no highway surface drainage from this project to be directly routed into the tidal stream or adjacent wetlands. More specifically, they would like to see a minimum 2" rainfall retention in the area of the temporary bridge approach on the east side of the bridge abutment easterly to the first main sea wall drain. This area is frequented by sight seers with pets and we wish to minimize direct Coliform bacteria discharges to the creek/bay. 6. The Trustees would like to see an amendment of to the N.Y.S.D.E.C. permit application to permit dredging under the temporary and permanent bridge site to four feet below mean low water to facilitate public access with small boats and minimize future dredging costs by the public sector. This channel affords the only public access to this creek. Enclosed please find a wetlands permit application. Our next meeting is scheduled for April 25, 1990 at 6:00 p.m., should you or your representative wish to attend our work session. Please call our office at least one day in advance. Our Town Attorney may be reached at 765-1939 and I may be reached at 323-2708 (home), 765-1892 (Town office). The Trustees would encourage your participation in these minor changes. Anything we can do to help facilitate these changes, while keeping your project on track, will be done as promptly as possible. Thank you for your cooperation in this matter. e ly, John M. Bredemeyer, III President, Board of Trustees JMB: j mt enc. cc: Ray Jacobs Town Board Town Attorney George Hamarth, NYSDEC Trustees TRUSTEES John M. Bredemeyer, III, Presidem Henry P. Smith. Vice President Albert J, Krupski. Jr, John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L, HARRIS Supervisor Town Hall, 53095 Main Roa P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 18, 1990 Craig Siracusa, Regional Design Engineer New York State Dept. of Transportation State office Building, Veterans Highway Hauppauge, New York 11787 RE: Dam Pond Bridge, Rt 25, East Marion R[CEIVED ., PR 1 9 1990 Dear Mr. Siracusa: This letter is being sent to your office at the suggestion of Michael Geiger and as confirmation of a phone conversation I had with him this morning with respect to the Dam Pond, East Marion Bridge Restoration. The Southold Town Board of Trustees visited the site on April 17, 1990 with a set of plans your office had previously supplied to our Highway Department. The following requests and concerns were discussed by the five members of the Board on site at that time: 1. To change the "Stream Course: six feet to the east of the N.Y.S.D.O.T. must secure an easement from the Southold Town Trustees for placement of the westerly bridge abutment on Town Trustee Land. Title to all the lands under mean high water in this portion of the creek are held by the Trustees under the Andros Patent which dates to 1676. 2. The N.Y.S.D.O.T. must abandon and/or transfer to the Trustees any rights previously acquired for that six foot portion of for~er Trustee land where the current east abutment sits which will once again become a flowing Tidal Stream. 3. The Trustees maintain that a permit is required under Chapter 97 of the Town Code which is the Local Wetlands Ordinance. 4. The Trustees maintain that a permit is required for the placement of any structure on Trustee land under Chapter 32 of the Laws of Southold Town and the Laws of 1893 of the State of New York. These codes specifically affirm our ownership of the creek bottoms and our right to manage, lease or convey these properties. 5. The Trustees want no highway surface drainage from this project to be directly routed into the Tidal Stream or adjacent wetlands. More specifically, they would like to see a minimum 2" rainfall retention in the area of the temporary bridge approach on the east side of the bridge abutment easterly to the first main sea wall drain. This area is frequented by sight seers with pets and we wish to minimize direct Coliform Bacteria discharges to the creek/bay. 6. The Trustees would like to see notification to the N.Y.S.D.E.C. permit to permit dredging under the temporary and permanent bridge site to four feet below mean low water to facilitate public access with small boats and minimize future dredging costs by the public sector. Enclosed please find a wetlands permit application. Our next meeting is scheduled for April 25, 1990 at 6:00 p.m., should you or your representative wish to attend our work session. Please call our office at least one day in advance. Our Town Attorney may be reached at 765-1939 and I may be reached at 323-2708 (home), 765-1892 (Town office). The Trustees would encourage your participation in these minor changes. Anything we can do to help facilitate these changes, while keeping your project on track, will be done as promptly as possible. Thank you for yo'ur cooperation in this matter. John M. Bredemeyer, III President, Board of Trustees JMB: jmt -enc. cc: Ray Jacobs Town Board Town Attorney George Hamarth, Trustees NYSDEC John M. Bredemeyer, III, President Henry P. Smith, Vice President Alber~ J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Roa, P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1990 Michael Cuddy State of New York Dept. of Trans. Veterans Memorial Highway Hauppauge, NY 11788 RE: Dam Pond Bridge, Rt 25, East Marion Dear Mr. Cuddy: Please be advised that the Southold Town Trustees will be required to review and approve activities surrounding the proposed reconstruction of the Dam Pond Bridge prior to the commencement of any work on that site. We are presently securing copies of your work plan from our Highway Superintendent, Raymond Jacobs for use at our April 25, 1990 meeting work Session. As the project crosses public lands held by the Southold Town Trustees under the Andros Patent it will require Chapter 97 and 32 permissions. Enclosed for your convenience is a permit application. Sincerely, ~ohn M. Bredemeyer, III .~ -~r'- ies dent, Board of Trustees JMB:jmt enc. cc: Town Attorney Town Board Ray Jacobs Trustees REBUILDING NEW YORK STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION MARLO M. CUOMO, Governor FRANKLIN E. WHITE, Commissioner 87-5 RELEASE: CONTACT: N I~EDIATE -WS Michael J. Cuddy Regional Director N.Y.S. Dept. of Transportation Veterans HiEhway Hauppauge, NY 11788 NEW YORK STATE DEPART~EENT OF TRANSPORTATION NOTICE OF PROPOSED CONSTRUCTION IN WETLANDS AND NOTICE OF PUBLIC INFOR~ATION MEETING PROJECT IDENTIFICATION NO. 0041.60 A replacement o¢ the existing 2-lane structure Route 25 over Dam Pond Channel, East Marion, planned by the Department ¢,F Transportation. The alignment and brid~e lengths are simi ar to the Ceatures in this project. carrying is being proposed existing The project under consideration may nclude construction which aCFects wetlands covered by Executive Order 11970 o{ the President o~ the United.States, dated Mty ~4, 1977, "Protection o¢ Wet~ands". Mips, drawings and other pertinent 'inFormation developed by the State are available For public inspection at the OFFice o~ the Regional Director, New York State OFFice Building, Department o¢ Transportation, Re~ion 10, Haup~au~e, NY 11788. Any c¢,mments concern i n3 the project ' s ef'f'ect on the wet I ands should be sent to the Re3ional Director by March Notice is als.:, giver, that the New York State Department oF Transportation wi; ~ conduct a Publ ic InF,.-,rmation Center f'or this project ~t the Oysterponds Public School, Main Road, - .~,o betweer, the hours Orier, t, NY, or, Thursday, M~r-ch .1E, 1..,.,T, o¢ Z:OO p.m. and :~:00 p.m. Department personr, el will be available to discuss a pre~erred alternative ¢,:,K this project with intereste,J parties. The Department inter, ds to approve this alternate under the authority granted by the Federal Highway A,Jrnir, istration, in accordance with Section 11~ (Certi~icatior, Acceptance) ,:,~ Title ~3, United States ~"~'°~'~ DEPA RTMEI~I~OF TRA I~ORTATION Comments: FRANKLIN E. WHITE, Commillioner MICHEAL ~. CUDDY, Regional Director Interest: [] Property Owner NYSDOT INFORMATION CENTER ID Other(Specify) I:','oject: REPLACEMENT OF ROUTE 2_5 BRIDGE OVER DAM POND CHANNEL (PROJECT DENTIFICATION NUMBER 0041.60) [] Check here if additional comment have been written on a separate she, Additional comments may be mailed Regional Director, NYSDOT State Office Building Veterans Memorial Highway Houppouge, IV. Y 11788 CUT LONG ISLAND SOUND H-E~7 -- ORIENT HA RBOR Route 25 Bridge over Dam Pond G,~RDINERS ORIEN'f Channel BAY PROJECT INFORMATION The New York State Department of Transportation has arranged to exhibit technical · materials relating to Route 25 Bridge over Dam Pond Channel Replacement Project at the Oyster Ponds Union Free School, Main Road, Orient, New York 11957 on March 12, 1987 between the hours of 2:00 PM and 8:00 PM. The public is invited to ex- ~mine the Prell~zinary E~lneering Report and associated technical drawings. Representatives of the Department of Transportation will be available to respond to any comments or questions. OYSTER PONDS UNION FREE SCHOOL MAIN ROAD, ORIENT, NEW YORK 11957 T}~JRSDAY, M~RCH 12, 1987, 2:00 PM TO 8:00 PM PROJECT BACKGROUND AND EXISTING CONDITIONS A replacement of the existing Route 25 Bridge over Dam Pond Channel in East Marion, Town of Southold, Suffolk County, {s being.planned by the New York State Department of Transportation. The bridge was constructed in 1932 and carries a two-lane roadway and a sidewalk~ The structure, which has a 21 ft. long span and is made of reinforced concrete, has deteriorated to a point that it cannot be effectively repaired. The Depart- ment has concluded that the bridge should be replaced as soon as possible. PROPOSED WORK The proposed work consists of the demolition of the existing bridge and the con- struction of a new structure at the same location. The waterway under the new structure will remain unchanged. During the demolition and construction periods of the project, Route 25 traffic will be detoured to a newly constructed tem- porary roadway located immediately to the south side of the existing highway. COMPARISON FEATURES Description Existing Proposed Average Daily Traffic Design Speed - M.P.H. West Approach East Approach Stopping Sight Distance - Ft. Approaoh Roadway Width - Ft. Bridge Roadway Width - Ft. Numbers of Lanes Shoulder Width - Ft. Sidewalk Width - Ft. Design Load - Tons 4,300 40(b) 50(b) 525 20 20 2 3 5 5,200(a) 60 40(b) 50(b) 525 20 24 2 10 5 36(HS20-~4) Estimated Construction Cost Estimated Construction Time Construction Easements Acquisition $730,000 1 Year Yes No (a) Traffic volume reflects year 2015 forecast. (b) Posted speed. 51981 1~,'..~. ~mrl( S~t~OId NOTICE OF CANCELLATION OF DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law, the following described highway: Located on Route 25 at Mill Creek which is 2.3 ~ miles west of Greenport, Suffolk County, and on Route 25 beginning at the bridge at Dam Pond and extending east 0.53 miles in the Town of Southold, Suffolk County. which was reconstructed under Contract No. D96410 was designated a Restricted Highway by the Commissioner of Transportation on April 21,_1980 and movement of vehicles, persons and animals was restricted and regulated thereon pursuant to Section 1625 of the vehicle and Traffic Law. Such highway project having now been completed, it is hereby determined that the designation of said state highway as a Restricted Highway is hereby cancelled, Dated: February 25, 1981 Deputy Chief Engineer County Clerk, Arthur J. Felice, Suffolk / Town Clerk, Judith T. Terry, Southold v V~Ii-=~ C-k. Ak, State Police, Albany, NY Contractor, ...... hyon. ~ KeDOI% Regional Construction EngIneer, H. Parks Regional Traffic Engineer, T. Hoffman Engineer-in-Charge, P. Belcher effective immediately. COMMI S S IONE~ -O ~ I~ANSPO RTAT~ ON By: Regional Director J. Sternbach, Construction Div. Room 424, Rld~. 5 C231f (2/78) NYS DOT C DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Located on Route 25 at M111 Creek which ts 2.3+ wiles west of Greenpo~t, Suffolk County, and on Route 2S beginning at rite brtdge at Dam Pond and extending east 0.53 etles In the Tam of SOUthOlde Suffolk County.' which is being reconstructed under Contract No. designated as a Rsstricted Highway. O96410 RECEIVED APR g.5 1980 Tow~ Clerk South'old i~ hereby Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and/or by directions by an authorized representative of the Commissioner of Transportation Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Dated: Apr11 21, 1980 Deputy Chief Engineer(2) County Clerk Suff01 k ,-'" Town Clerk ...... ,'~ xfli~x~k 3outnol¢~ ',," State Pobce, Albany, N.Y. Contractor L¥011 & I~h 14 Regional Const~Fu~'tlon E~F.0'' Pavtng Contrs. Regional Traffic Engr. Engineer-in-Charge Po Belcher Ftle 22.2 By: ~clLLI~! C. HENNESSY_. ommlssloner OT I ransporla~lon Pursuant to Section 1625 of the Vehicle and Traffic Law, the Commissioner of Transportation added the following Rules and Regulations to Title 17 of the Officia~ Compilation of Codes, Rules and Regulations of the State of New York which were filed and effective on June 26, 1973. Part 41 Traffic Regulations on Restricted Highways (Statutory authority: Vehicle end Traffic Law, Section 1625.) Section 41.1 Definition. The term restricted highway when used in this part shall mean any highv~ay or portion thereof under construction or reconstruction under the supervision of the Commissioner of Transportation and which is designated by him as a restricted highway pursuant to Section 104a of the Highway {-aw. 41.2 Traffic ~ontrol devices. Unless otherwise posted traffic control devices used on restricted highways shall conform to the requirements of the Vehicle and Traffic Law. ~ ~ .~r.~:~Fl~iten. Operators of vehicles on restricted h~ghways shell follow the directions of any flagman with respect to movement of such vehicles. .~ 41.4 Control of per~ons and equipment. Construction personnel and equipment engaged in work on such restricted highway sbeg be e~forded the widest latitude in operating within the restricted highway consistent with the ~afety of the traveling public. This shall include, but not be limited to, the crossing of the highway and the mall; the shutting-off of lanes of travel consisten~ ~ith thq contract and the orders of the Commissioner of Transportation or his duly authorized agent; the loading, unloading and manipulation of material; the movement and direction of vehicles and equipment; and, other similar operations necessary to the reasonable and practical performance of the contract. 41.5 Other requirements. The other provisions of the Vehicle and Traffic Law relating to motor vehicles shall not apply to special purpose construction equipment, such as described in section 401, subdivision 7, paragraph (f) of the Vehicle and Traffic Law, while engaged in work on a restricted highway, except that all such vehicles and equipment shall be kept in safe, nlechanical operating condition at all times and reasonable caution shall be used to protect the traveling public. However, such other provisions shall apply to those vehicles that normally operate on public highways to transport persons and/or material and are ordinarily considered commercial vehicles. 41.6 Emergency or unusual conditions. The Commissioner of Transportation may by the erection of signs, signals or other traffic control devices alter or modify the provisions of this Part to adequately protect the public at locations where emergency or unusual conditions occur or exist as a result of the construction or reconstruction on a restricted highway. These alterations or rnodifications shall have the same force and effect as though they were specifically set forth in this Part and shall remain in force until the condition is considered by the Commissioner to be safe and the erected signs, signals or other traffic control devices have b~en officially removed. 41.7 Effective date. The provisions of this Part shall be effective with respect to a specific restricted highway from the date the highway is designated a restricted highway by an official designation of the Commissioner of Transportation until the restriction is removed by a notice of cancellation of such designation issued by the Commissioner of Transportation. The provisions of this Part shall also be effective with respect to all restricted highways which have heretofore been designated as restricted highways by the Commissioner of Transportation and on which the restriction has not been removed by a notice of cancellation issued by the Commissioner of Transportetion, C 230f (7/73) DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: ~.TTITUCK-GREENP0~ - PTS. 1 & 3, ~H NO. 8229, 3~. 3P~ - Sra. R~ati~ O~ ~e o~ ~ ~ lo~t~ on Rte. 2~ south of Po~ ~ is a~te~ 2.3 ~lee west of Gre~ ~ ~ Co~ty. which is being reconstructed under Contract No..O~.~'/q~ designated as a Restricted Highway. is hereby Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of~'_ransportation as evidenced by posted signs, signals or barriers placed along said highway and/or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway-by pedestria~s,'e~i-ues~rians, and animals. 4. Parking, standing, stopping and backing of vehicles.' 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Dated: Oetober 6, 1976 County Clerk , Rm. 401, Bldg. Town Clerk Sttffolk ~ City Clerk ~o%tthol([ ~/ S~'aYgFo"lTcl~ 7~ Iba n y, N.Y. Contractor Regional ConstT~ L~.ustz':[es · [ne. Regional Traffic Engr. [[' PSX~cS Engineer-in-Charge T. HOf f~all By: RAYMOND T. SCHULER Commissioner of Transportation C 230f (7/73) Reverse pursuant to Section 1625 of the Vehicle and Traffic Law, the Commissioner of Transportation added the following Rules and Regulations to Title 17 of the Official Compilation of Codes, Rules and Regulations of the State of New Yore which were filed and effective on June 26, 1973. Part 41 Traffic Regulations on Restricted Highways (Statutory authority: Vehicle and Traffic Law, Section 1625.) ~ectlon 41.1 Definition. The term restdctedhighwa¥ when used in this part shall mean any highway or portion thereof under construction or reconstruction under the supervision of the Commissioner of Transportation and which is designated by him as a restricted highway pursuant to Section 104a of the Highway Law. 41.2 Traffic control devlee~. Unless otherwise posted traffic control devices used on restricted highways shall conform to the requirements of the Vehicle and Traffic Law. 41.3 Flagman. Operators of vehicles on restricted highways shall follow the directions of any flagman with respect to movement of such vehicles. 41.4 Control of persons and equipment. Construction personnel and equipment engaged in work on such restricted highway shall be afforded the widest latitude in operating within the restricted highway consistent with the safety of the travellng public. This shall include, but not be )imited to, the crossing of the highway and the mall; the shutting-off of lanes of travel consistent with th~ contract and the orders of the Commissioner of Transportation or his duly authorized agent; the toading, unloedlng and manipulation of material; the movement and direction of vehicles and equipment; and, other similar operations necessary to the reasonable and practical performance of the contract. 41.5 Other requirements. The other provisions of the Vehicle and Traffic I. aw relating to motor vehicles shell not apply to special purpose construction equipment, such as described in section 401, subdivision 7, paragraph (f) of the Vehicle and Traffic Law, while engaged in work on a restricted highway, except that all such vehicles and equipment shal~ be kept in safe, mechanical operating condition at all times and reasonable c~ufiqn shall be used to protect the traveling public. However, such other provisions shall apply to those vehicles that normally operate on public highways to transport persons and/or material and are ordinarily considered COTTers:iai vehicles. 41.6 Emergency or unusual conditions. The Commissioner of Transportation may by the erection of signs, signals or other traffic control devices alter or modify the I~rovisions of this Pa ' to adequately protect the public at tocations where emergency or unusuat conditions occur or exist as a result of the construction or reconstruction on a restricted highway. These alterations or modifications shall have the same force and effect as though they were specifically set forth in this Part end shall remain in force un~ the condition is considered by the Commissioner to be safe and the erected signs, signals or other traffic control devices have been officially removed. 41.7 Effective date. The provisions of this Part shall be effective with respect to a specific restricted highway from the date the highway is designated a restricted highway by an official designation of the Commissioner of Transportation until the restriction is removed by a notice of cancellation of such designation i~sued by the Commissioner of Transportation. The provisions of this Part shall also be effective with respect to all restricted highways which have heretofore been designated as restricted highways by the Commissioner of Transportation and on which the restriction has not been removed by a notice of cancellation issued by the Commissioner of Transportation.