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HomeMy WebLinkAboutPublic Water Supply - 1990 :,tUDV hlF:ASH?4!:-5' 6UhV/).'/t.(~ . ,. PLANNING BOARD MEMBERS Bennett Orlowski, k, Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards -, "C-;' .c.~ '::'lI,~ "-~_ :,,' C'....\)( \ L...,( ?....., ~." ~~.'0 ~~.'i..].'..)"V""'.~ ,~ ::;'l'~f'" - L ~ ':.,~; ~~',:'~i;;' ~ '" ',,"'" ,'';' #-. ~ , ',",-'(P,,'''';'' .,,~"' --- ./",,1. . --...-o~ ~..,.....'I}I";;7"'." J ..~.~" , - ".." _, . r' -.": . SCOTT L. HARRIS Supervisor Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 1, 1991 Mrs. Bernard Rafferty 36 Mountain Spring Road Farmington, Ct. 06032 RE: Inventory Map Dear Mrs. Rafferty: I was reviewing my correspondence file, when I noticed that I have not received a reply from you to my last letter of May 9, 1990, a copy of which is enclosed for your convenience. This source information may be useful to the Planning Board in its review of subdivision applications as well as to the. Suffolk County Department of Health Services, when they begin the Fishers Island Water Study. I would be most grateful if you would send the needed information for our reference file. ~ tr~lY yours, ~S~ Town Plan~~iltz ~ ~.~UfU'd...~~/",'-'1 ~~.>) r~~~M.,( ~~c:.-~~- ~~~~./'O~~- ~j'~~~~--~~' ff~ ~~. J' 4 May 9, 1990 Mrs. Bernard Rafferty 36 Mountain Spring Road Farmington, Ct. 06032 RE: Inventory Map Dear Mrs. Rafferty: I received a copy of the wildlife habitat inventory map today. It will be a welcome addition to our map files. In order to catalogue the map properly, though, I will need additional information. I would be grateful if you could provide the following: 1. "Author" of map (name of person who collected data and name of person who put it on the map.) 2. Date map was made. (If field research for this map took place over several years, please indicate the years. For example, this map is based on field observations that were conducted by members of the Nature Conservancy between January 1988 and December 1989. ) 3. Which breeding sites are freshwater wetlands, and which are brackish or salt water wetlands? 4. If any other source materials were used to prepare this map, please indicate them. This information will help us use this map more effectively. When I hear from you, I will notify the Trustees Board, the Conversation Advisory Committee and the Local Waterfront Advisory Committee that this map and supporting material, is available for their use. J ,. Page 2 Inventory Map I look forward to hearing from you soon. Very truly yours, Valerie Scopaz Town Planner , , SCOTI L. HARRIS Supervisor PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 October 24, 1990 Allan Binder, Chairman Health and Human Services Committee 1789 East Jericho Turnpike Huntington, New York 11743 Re: IR-#1909-90 Fishers Island Water Resources Study Dear Mr. Binder: This is to confirm my telephone conversation yesterday with your Legislative Aide, Teresa White. Supervisor Harris has directed me to act in his behalf to address your Committee's questions quickly and fully. Accordingly, I have assembled documentation in support of the resolution. Ms. White has tentatively scheduled discussion of the Fishers Island Water Resources Study for the November 7th meeting of the Health and Human Services Committee. I am prepared, however, to appear before the Committee at its October 26th meeting, if this could be arranged. In closing, I want to thank you for your consideration. I look forward to speaking with you at the next Committee meeting. ~y T~ul Valerie Scop Town Planner cc: Scott L. Harris, Supervisor Thomas H. Wickam, Councilman MEMORANDUM TO: Scott Harris, Supervisor Thomas Wickham, Councilman (~. FROM: Valerie Scopaz, Town Planner RE: Fishers Island Water Study DATE: November 7, 1990 Bill Ridgway, President of the Fishers Island Development Company (FIDCO), would like to be kept informed of the Town's progress with regard to obtaining funding. His telephone number is 788-7813. ,.. MEMORANDUM TO: Matt Kiernan &- FROM: Valerie Scopaz RE: Fishers Island Water Study DATE: November 8, 1990 I tried to contact you earlier today, but you were in a meeting. Since I will not be in until Tuesday, I am writing this note. Enclosed please find a copy of the contract between the County and the Conservancy's consultant for the last water study. Also, I spoke with Arthur Kunz. He suggested that you speak with Jim Bagg, Director of the Council on Environmental Quality, about the legal issues involved if the Town does the GElS. The question is whether the Town has to adopt a moratorium if it does the GElS. I say not. But, the County officials I spoke with were not sure. In any case, Jim's number is 360-5204. Upon reflection, I urge you not to wait until the next Health Services Committee meeting in two weeks to clarify the Town's eligibility to use the quarter cent sales tax money for this purpose. If you can't get through to Paul Sabatino, then call Kevin Law, Deputy County Executive, who is in charge of administering the quarter cent sales tax program. His number is 360-4014. I would also find out whether this item can be taken before the full Legislature sooner. Finally, I will be available to speak with the Town Board about this on Tuesday in the event they have any questions. cc: Tom wickham '-' MEMORANDUM FROM: Scott L. Harris, Supervisor Members of the Town Board Valerie Scopaz, Town Planner IS,- Fishers Island Water Study TO: RE: DATE: November 8, 1990 In my last memorandum on this topic, I noted that I would try to obtain a copy of the contract for the last Fishers Island Water Study. Enclosed please find the contract between the Suffolk County Department of Health Services and Ground Water, Inc., the consulting firm that conducted the study during 1988, 1989 and early 1990. Attachments I and II of this contract spell out the purpose of the study and the breakdown in costs to the County ($20,000.) and the Conservancy ($45,000.). --- i! . . ?I-/' I!/J.hv" . I ,..! I rLl rn m ~ 0 W ~ Inl ' UJ JAN I 0 1994 ~ $~ FISHERS ISLAND CONSERVANCY, INC. TOWN OF SOUTH OLD BOX 553 FISHERS ISLAND, NEW YORK 06390 January 5, 1994 Mr. Albert J. Krupski, Jr. - Chairman Southold Town Board of Trustees Town Hall, Main Road, Southold, N.Y. 11971 Dear AI: Just a note at the beginning of the new year to draw your attention and the attention of your Bpard to the ro,morandum that outgoing Trustee Chairman Jay Bredemeyer wrote to lOwn officials in/re the Conservancy sponsored Fishers Island Water Supply and Watershed Study - Ecological Component. Jay's major point was that this Ecological Component contained extremely sensitive information on the locations, etc. of many of the over 40 rare and endangered plant and animal species present on and in the Fishers Island reservoir watersheds. The Conservancy's executive board feels that Jay's feeeling that such sensitive information not be released publicly to property owners or the public without adequate safeguards against misuse of the information is right on the mark. Too many times, when such information is released indiscriminately, it has been taken advantage of by unscrupulous property owners and/or agents that use' the information to locate and destroy whai; should be protected and preserved. The Conservancy applauds the sense of Mr. Bredemeyers memo, and joins him in urging that all regulatory agencies tllvolved take extra care and responsibility in releasing such sensitive information only to those who are required to have it under existing law. With Best Wishes for the New Year, I r~1ain Sincerely, ~&e Gohrt'H~~hatch&~;j~ - President AI -., C~Q J cr ('t1 Q,(J N< C ~"'eLJ- !fQ~. T?~c~_ '--'<Me) G, C ("r~ -tv ~~J:EI,j J . 09' Uz."--C, ") " l~____ ~~"'- " The purpose of the Fishers Island Water Study is to evaluate the existing and potential impacts of development on the public water supply. The end product of this study would be a set of guidelines that could be used to direct land use decisions within the area surrounding the three major surface reservoirs on the Island. ~ .';Ifol'-'-- rr'~~ - ~~r' /Jt.~ r~~+.~' MEMORANDUM TO: John M. Bredemeyer, III, President Board of Trustees FROM: Valerie Scopaz, Town Planner RE: Fishers Island Public Water Supply Watershed: Study of. DATE: November 19, 1990 I read your November 7, 1990 letter to John Thatcher regarding the GElS for Fishers Island. You may find the enclosed memo dated November 2, 1990, that I sent to the Town Board, of interest, beginning on page three (highlighted]. The gist of it is that the term "GElS" has been used incorrectly. No one is doing a GElS. The Town Board refused to be lead agency, therefore there will be no GElS. The Town asked the County to do a GElS, which they have refused to do. The County is willing to do an environmental planning study, but, this has some drawbacks, which I explained to the Town Board in the attached memo. I have been told that the Town Board has not addressed the matter yet. Scott Harris and Matt Kiernan are still working on obtaining funding from the County. But, the GElS vs Planning Study approach has not been discussed or resolved. If I can be of further assistance, please let me know. TRUSTEES ~13 J/S John M. Bredemeyer. !II. Presidenl Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. TUlhill Telephone (516) 765-1892 SCOTT L. HARRIS Supervisor BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 7, 1990 John Thatcher P.O. Box 553 Fishers Island, NY 06390 RE: G.E.I.S. of Fishers Island Dear Mr. Thatcher: Unfortunately the Trustees did not receive copies of your September 4, 1990 letter to Councilman Wickham or your September 6, 1990 letter to Supervisor Harris until October and were unable to discuss them until our October 25, 1990 meeting. Although the Trustees are not in an effective position to be lead agency in any GElS of the area, we will nonetheless actively support the study by providing "in-kind" services of our environmental consultant Bruce Anderson. We are all agreed that his participation will increase our ability to abide by most (if not all) of the recommendations the GElS might likely generate. We look forward to sitting down with the Lead Agency as soon as they are designated. Sincerely, ~ ~ljl"'.ok. .::c:. - - '- ,;--- . John M. Bredemeyer, III President, Board of Trustees enc. cc: Supervisor Harris Town Board Planning Board Vito Minei, SCDHS Arthur Kunz, Suff. Co. Planning Steven Sandfo~ NYSDEC Bruce Anderson .-::_~~~~:$",'..:.i.:.,~'::~..' J.:..~""',,.,....:.,;,. _:,..-.".~,.,.\~..'..,... .."",........ ..-".....,....-.'. ."'......--.-:...'i..:_~ ~"",,,,:,'.',,,,,,"'....' .. . '-.:~:.,......'., MEMORANDUM TO: Scott L. Harris, Supervisor Members of the Town Board FROM: valerie Scopaz, Town Planner DATE: Fishers Island Water Study November 8, 1990 RE: In my last memorandum on this topic, I no~ed that I would try to obtain a copy of the contract for the last Fishers Island Water Study. Enclosed please find the contract between the Suffolk County Department of Health Services and Ground Water, Inc., the consulting firm that conducted the study during 1988, 1989 and early 1990. Attachments I and II of this contract spell out the purpose of the study and the breakdown in costs to the County ($20,000.) and the Conservancy ($45,000.). I ,..JilJ~.:j,f~_._."...__ .."'.L__..____~ .V' AGREEMENT TO PROVIDE PRO.n:CT SERVICES FOR FISHERS ISLAlilD WATER RESOURCES STUDY 8-1 / THIS AGREEMENT is between the COUNTY OF SUFFOLK (hereinafter also called the "COUNTY") a municipal corporation of the State having its office and principal place of business at Suffolk County Center, Riverhead, New York, acting through its duly constituted SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES (hereinafter called the "DEPARTMENT") and GROUND WATER, INC. (hereinafter called the "CONSULTANT"), organized under the Laws of the State of Connecticut, having its principal office at 145 South Main Street, Middletown, CT 06457. KHEREAS, the COUNTY requires hydrogeologic services to assess Fishers Island water resources and use, and WHBRBAS, the CONSULTANT affirms that it has the qualifications, experience and facilities to provide the hydrologic services described hereinabove and more complete~y specified hereafter, and WHBRBAS, the COUNTY, pursuant to Resolution No. 994 of 1988 of the County Legislature, acting through the DEPARTMENT, has the authority and desires to contract with the CONSULTANT, and the CONSULTANT has agreed to ~ender and provide such services to the extent herein, and as hereinafter set forth and under terms and conditions hereinafter provided. TERM OF AGREEMENT: Shall be May 1, 1988 to October 31, 1989 un- less extended by written mutual agreement of both parties. CONTRACT AMOUNT: $20,000 TERMS AND CONDITIONS: Shall be set forth in EXHIBIT "A" attached. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date above written. GROUND WATER, INC. COUNTY OF SUFFOLK TITLE DEPUTY SUFFOLK COUNTY.. EXECUTIVE DATE: DATE: APPROVED AS TO FORM, NOT REVIEWED AS TO EXECUTION: B. THOMAS BOYLB COUNTY ATTORNBY APPROVED: _-1 BY: i I DEPUTY COMMISSIONER OF HEALTH SERVICES DATE: 'DATE: 1 of 10 . ,. EXHIBIT w,Aw 1. SERVICES The County agreea to and hereby does contract. with the CONSULTANT, and the CONSULTANT agreea to per:form auch aervicea hereinafter apeci:fied upon the :following generally deacribed study (hereinafter called the wSTUDYW). The CONSULTANT agreea to per:form the :functiona delineated in Attachment I, Scope o:f Servicea, annexed hereto and made a part hereof. The CONSULTANT ahall per:form auch aervicea in a competent, akill- :ful, profeaaional manner, to the beat o:f the CONSULTANT' a ability. 2 _ STANDARD PRACTICES AND REOUIREMENTS The CONSULTANT will aacertain the atandard practicea o:f the DBPAR'1'MBN'1' prior to beginning any o:f the work on thia PROJECT. All work required under thia Aqre_ent ahall be performed in accordance with t:.heae atandard practicea. 3. DOCUMENTS FORMING THE CONTRACT The contract document a ahall be de_ed to include thia Aqre_ent, with accompanying Attachmenta I, II, III, IV, V, and VI all of which are annexed hereto and made a part hereof. .. . PAYMENTS AND CONTRACT AMOUNT The COUNTY agreea to pay the CONSULTANT :for aervicea provided and coata incurred purauant to this .a.gre~t upon receipt of claims in such form as prescribed by the COON'l'Y and after audit and approval by the COUN'l'Y. It is agreed that all claims :for payment are to be sub- mitted by the CONSULTANT no later than twenty (20) days after the end o:f each lIonth unleaa otherwise apeci:fied. All paymenta to the CONSULTANT ahall be made within thirty (30) days a:fter receipt, sub- ject to any proper adjuatment that an audit by authorized peraonnel of the COON'l'Y or the DBPARTMDr.l' _y indi::ate ia required. ~ The COON'l'Y agreea to compensate the CONSULTANT and aub-contractor as aet forth in the annexed Attat'O),"'1mta I, II, and III not to exceed a total cost to the COUNTY of Twenty Thousand Dollars ($20,000). The CONSULTANT agrees that ita expenditures shall conform to applicable proviaions o:f the State and Local Finance Laws, and cuatomary prevail- ing governmental practices and atandards. Billa may be sul:lmitted monthly and will be baaed aolely on percent o:f completion. It ia understood and agreed by the parties hereto that the amount to be paid by the COUNTY, as aet :forth hereinabove, ahall constitute the :full obligation of the COUNTY in connection with thia Agre_ent, as further limited in the annexed Attachments I, II, and III. 5. l'!RlI.N~S m PLAN. SERVYCE. REPORT - ABANDONMENT OF PROJECT Due to the 'general atudy nature o:f the PROJECT, it ia underatood by the partiea hereto that unforeaeeable factora may influence or aodify preconceptiona aa aet :forth herein concerning the amount of 2 of 10 '-C_-"_"'-~~=~__'_-=~~'._--.:_~___.. _ ! . ; time and direction of activity required to achieve the type of final report that will be most effective for the goals and purposes in- tended. In order to maximize the possibiliti~s that the study and such final report as required by the DEPARTMENT tinder this Agreement shall be completed at a total cost not in excess of $20,000, the CONSULTANT shall submit with each monthly claim a progress report, on a form approved or provided by the COUNTY, that will make clear the estimated percentage of PROJECT completion versus the amounts charged to date as a percentage of total contract amount, together with its recommendations for future time and activity to be devoted to remain- ing tasks. The COUNTY shall have the right to redirect the CONSULTANT'S time and activities on the PROJECT at any time during the term of this Agreement in order to accomplish said goals and purposes as conceived by the COUNTY at any time during the period of this Agreement. The COUNTY shall have the absolute right to amend or aban- don the PROJECT or to change its general basis at any time, and such action on its part shall in no event be deemed a breach of contract. The COUNTY and the CONSULTANT recognize that the costs in Attachment II may require modification; therefore, funds may be real- located among tasks to accomplish the goals of the PROJECT upon the written request of the CONSULTANT and with the written approval of the Commissioner of Health Services at his sole discretion. In the event the COUNTY makes available additional funds to com- plete the PROJECT, after all efforts have failed to complete it within the original scope of services in Attachment l: to the satisfaction of the COUNTY within the stipulated total amount of the Agreement, the CONSULTANT agrees to provide the required additional services under an amendment of this Agreement or a new Agreement with the COUNTY on the same reimbursement basis as set forth in Article 4, excepting that the CONSULTANT shall not charge an additional fee (profit) or administra- tive charge on any actual costs under such additional funding up to a maximum of Twenty-Five Thousand Dollars ($25,000). 6. lI>t:R1P.1P.MENT SUBJECT TO APPROPRIATION OF FUNDS It is understood by and between the parties hereto that this Agreement is made subject to the amount of funds or monies ap- propriated and any subsequent modifications thereof for the period of this Agreement by the governing bodies of the COUNTY and no liability on account thereof shall be incurred by the COUNTY beyond the amount of funds or monies duly appfopriated for the PROJECT covered by this Agreement. . 7. PAYMENTS SUBJECT TO POST-AUDl:T ADJUSTMENT All payments made hereunder are subject to audit and revision by the Comptroller of the COUNTY pursuant to Article V of the Suffolk County Charter, authorized personnel of the COUNTY and by the State or Federal Government. The CONSULTANT shall permit on-site inspection by representatives of the Federal Government, State of New York and the COUNTY, as may be reasonably requested. 3 of 10 , < . e. 8. ACCOUNTING PROCEDURES The CONSULTANT shall comply, for the services funded under this Agreement, with the "Comptroller's Rules and Regulat;ions for Consultant's Agreement," as promulgated by the Department of Audit and Control of Suffolk County, and any amendments thereto during the term of this Agreement. The COUNTY shall provide the CONSULTANT with a copy of said Rules and Regulations and copies of any amendments during the tera of this Agreement. 9. TAXES. ROYALTIES AND EXPENSES The CONSULTANT shall pay all taxes, royalties and expenses in- curred in connection with the services under this Agreement. 10. INStJRANCE AND 'HOLD RIl.RMT.F.SS' The CONSULTANT shall submit certificates of insurance for all of the insurance coverages described herein at the time the CONSULTANT si<p1s this Agreement and certificates or certified copies of any amendments or renewals thereafter to the COUNTY, addressed as specified in the paragraph hereinafter, entitled "ADDRESSES FOR NOTICES. CLAIMS. REPORTS, and such certificates of insurance shall stipulate that no less than thirty (30) days prior to the cancella- tion, modification or non-renewal of any insurance coverage, notice thereof will be sent by certified mail, return receipt requested, to the Commissioner of Health Services at the address referred to above. The CONSULTANT shall not commence work under this CONTRACT until the CONSULTANT has obtained all the insurance required hereunder and such insurance. has been approved by the COUNTY; nor shall the CONSULTANT allow any sub-contractor to commence work on any applicable sub-contract until all similar insurance has been so obtained an ap- proved. Approval of the insurance by the COUNTY shall not relieve or decrease the liability of the CONSULTANT hereunder. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY, prior to commencement of the work. All certificates issued in support of these requirements must carry positive statements that the specific coverages required are provided. All insurance shall be obtained from companies licensed to do business in the State of New York. Insurance policies as described below shall be obtail\ed and maintained during the life of this Agreement. (a) The Statutory Worker's Compensation and Employers Liability Insurance shall be maintained for all of the CONSULTANT's employees to be engaged in work on the PRO.:JECT under the Agreement. In case any such work is sublet, the CONSULTANT shall require the sub-contractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the sub-contractor's employees to be engaged in such work. This Agreement shall be void and of no effect unless the CONSULTANT shall secure compensation insurance for the benefit of, and keep insured for the life of this Agreement, the CONSULTANT's employees, in compliance with the provisions of the Worker's Compensation Law of the State of New York. (b) Comprehensive General tractors, broad form property operations (for a minimum of Liability, including independent con- damage, contractual and completed two (2) years after completion of the 4 of 10 - . - -, ":'." .: .... S,~,;":_- ~-'. ' . ~~ j' . . , "'J~~~.~~;_~f~~?:~2(:~~~~~c .- . - .'::;/.(;>:'.... -: .~,~, . ; .:.~.~-_ij_{..;~..'-'.~*!~~;>~.;~~: ~~~'~-:'~~'~:'>~'t.;y. . Agreement), with not less than a combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The County of Suffolk must be named as additional insured. (c) The CONSULTANT agrees to indemnify an save harmless the County of Suffolk and the COUNTY'S employees, or any other person against loss or expense including attorneys' fees, by reason of the liability imposed by law upon the COUNTY, except in cases of the COUNTY's negligence, for damage because of bodily injuries including death at any time resulting therefrom, sustained by any person or per- SODS, or on account of dlpllage to property arising out of or in consequence of the performance of this Agreement, caused by negligent acts or omissions of the CONSULTANT and the CONSULTANT's employees or agency. The above Indemnification Agreement or Hold Harmless Clause, insured by contractual liability, shall be identified and its language typed on the reverse side of the comprehensive public liability cer- tificate. (d) Errors and Omissions Insurance (Professional Liability) issued in the name of the CONSULTANT and covering any damages arising out 'of the CONSULTANT's performance of professional services caused by an error, omission, or negligent acts; in an amount not less than Five Hundred Thousand Dollars ($500,000) per claim. II.'.fERMINATION OF AGREEMENT (a) The COUNTY may terminate this Agreement by giving thirty (30) days' prior notice of such termination to the CONSULTANT. (b) If, through any cause, the CONSULTANT fails to comply with legal, prOfessional, County, State or Federal requirements for the services rendered under this Agreement, or with the provisions of this Agreement, or if the CONSULTANT becomes bankrupt or insolvent or fal- sifies its records or reports; or misuses its funda from whatever source, the COUNTY may terminate this Agreement effective immediately or, at their option, effective at a later date, after sending notice of such termination to the CONSULTANT. (c) The COUNTY shall be released from any and ~ll respon- sibilities and obligations arising from the services covered by this Agreement, effective as of the date of termination, but the COUNTY shall be responsible for payment of all claims for services provided and costs incurred by the CONSULTANT prior to termination of this Agreement that are pursuant to, and after CONSULTANT'S compliance with, the terms and conditions herein. Such claims shall include pro- rata amounts for the time of the CONSULTANT's personnel directly devoted to the PROJECT covered by this Agreement, plus the specified percentage of overhead and profit, plus the amount of any expenses ac- tually and reasonably incurred in performing work up to the time of temination. (d) Notice of termination must be in writing, signed by an authorized official, and sent to the other party by certified mail, or by _ssenger, and receipt shall be requested. Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party by messenger. 5 of 10 ,"~' ',-;-. ""," . ",_,f. -, ~..- ,.-~ . ":, ::.~~~;-:)(>.q~S~~,:, ... ." ., /7: .."~:i~~{:'::~-' :._':,~: ., . , ,{- - . ->"-'.:'!-.:'.~..'..,,~ " -.:. .'-;.~;-.t'-;:L:."":-'~~'r.,:' '. 'F". " .... --'''''' ~'-.' ... .' ',"~'.~-'f'_";1~," "..,,,,,...r,..:.~,.. .. ~"~"",.,,,="-"'" ,~~"" "~",..--r..",..,,,~.,,,,,,,_,.~~. .. r. f,"' -.~~"- . T~ "'"", .........~.....,. "". .,..,. ,~.~ ,..~ ~1..,.,. '. . '~"'1"~ ~I""l"" """'IIIf t . 12. PROJECT DATA AND RECORDS In case o~ bankruptcy, ~ailure or termination of the existence of the CONSULTANT, all data and records pertaining to the PROJECT shall be delivered within sixty (60) days to the Suff'olk County Commissioner of Health Services (also called the "COMMISSIONER"). In case o~ the ~ailure of the CONSULTANT, its successors or personal representative to malte such delivery on demand, then and in that event the CONSULTANT shall be liable to the COUNTY for any damages the COUNTY may sustain by reason thereof. Upon the delivery o~ all such data to the COUNTY, the COUNTY wi11 pay the CONSULTANT a11 amounts due the CONSULTANT, in- cluding any retained percentages that may be due. 13. INTERCHANGE OJ!' DATA All technical data in regard to the PROJECT, whether existing in the office(s) of the DEPARTMENT or in the office of the CONSULTANT, shall be made available to the other party of this Agreement without expense to such other party, as the case may be. .; 14. DISPOSITION OJ!' PLANS. ESTI~TES AND OTHER DATA At the time of completion of the work, the CONSULTANT shall, if requested, deliver to the COMMISSIONER all survey notes, computations, a&ps, tracings and all other documents and data pertaining to the work or to the PROJECT, which material at all times shall be the property o~ the COUNTY. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the CONSULTANT sha11 deliver to the COMMISSIONER a1l the data and material described hereinabove. Al1 origina1 tracings of maps and other data ~ished to the COMMISSIONER by the CONSULTANT shall bear thereon the certification and signature of the CONSULTANT. 15. DELAYS No charges or claims for damages sha1l be made by the CONSULTANT ~or any delays or hindrances for a reasonable period o~ time from any cause whatsoever during the progress o~ any portion of the services specified in this Agreement. Such delays or hindrances, i~ any, sha1l be COIIIp8Jl8ated ~or by an extension o~ time by written mutua1 agreement to this Agreement, subject to continued extension of time by written llUtual agreement to this ~reement, subject to continued appropria- tions of funds and 1egis1ati ve and other legal authorizations .-powering the COUNTY to execute such extension o~ time. 16. ADDRESSES l!'OR NOTICES. CLAIMS. REPORTS Any communication, notice, claim ~or payment, report or other sub- aission necessary, or required to be made by the CONSULTANT or their designated representative, shall be needed to have been duly made upon receipt by the COUNTY or their designated representative at the fol- 10wing address or another address that may be specified in writing by the COUNTY or their designated representative: County of Su~~olk Department o~ Health Services-Administration 225 Rabro Drive Bast Bauppauge, New York 11788 Attention: Jose.phJ3l'l.te~ 6 of 10 Communications or notices to the CONSULTANT shall be deemed delivered when mailed to the CONSULTANT at the address designated in this Agreement or such other address as the CONSULTANT shall furnish to the COUNTY by written notice delivered to the COUNTY. 17. ARREARS AND DEFAULT The CONSULTANT warrants that it is not in arrears to the COUNTY upon debt or contract and is not a defaulter as surety, contractor or otherwise on any obligation to the COUNTY. 18. ASSIGNMENT The CONSULTANT shall not assign, transfer, convey, sublet or otherwise dispose of this CONTRACT, or the CONSULTANT'S right, title and interest therein, or the CONSULTANT'S power to execute such con- tract, or assign all or any portion of the monies that may be due or become due to the CONSULTANT under the terms of this CONTRACT, except as indicated herein to its subcontractor, Malcolm Pirnie, Inc. 19. INDEPENDENT CONTRACTOR The relationship of the CONSULTANT to the COUNTY shall be that of an independent contractor. Neither the CONSULTANT nor any persons hired by the CONSULTANT shall be considered employees of the COUNTY for any purpose. 20. ACKNOWLEDGMENTS It is further agreed that any book, article, announcement, report, or other publication issued or authorized by the CONSULTANT which describes or reports on the PROJECT must acknowledge the COUNTY'S role in funding the PROJECT, and must contain the following information in clear, legible print: "This publication relates to a program funded by Suffolk County--Patrick Halpin, County Executive." In addition, before issuing any publication, the CONSULTANT shall obtain the con- sent of the COUNTY. 21. PATENTS AND COPYRIGHTS If the CONSULTANT makes any discovery or invention or produces any original books, manuals, films or other materials in the course of or a8 a result of the work performed under the Agreement, the CONSULTANT promptly shall give written notice thereof to the COUNTY. The COUNTY, or any other governmental, agency, including a New York State or Federal agency designated by the COUNTY, shall determine whether or not patent or copyright protection shall be sought, how any rights therein, including patent rights, will be disposed of and ad- aiDistered, and whether any other action is necessary in order to protect the public interest. Notwithstanding the above, the COUNTY reserves for itself and its designees without restriction, and the CONSULTANT hereby gives to the COUNTY a royalty-free, non-exclusive license to produce, reproduce, publish, translate, broadcast or other- wise use any items so discovered, produced, patented or copyrighted. , 7 of :;1,0 " .' ~'~,'''''. _l..... . -'. ~t'...~.~ (~~ ,- _.~./:: .'_~"'J.~.'~---'_t" ../.~ ,~~;Y:~~~c.:.:',.~:: _: . .: - .:.,-i....:.1t?~.:(lif.'~!~ ~ ~{7;~dt"f;o' r ;,~f_:~7~t~~~~;,_., -'.,," 22. NON-DISCRIMINATION IN EMPLOYMENT PRACTICES Durinq the performance of this Aqreement, the CONSULTANT aqrees that: (a) It will not discriminate aqainst employees or applicants employment because of race,~creed, color, national oriqin, sex, disability or marital status. , (b) If directed to do so by the State Commissioner of Human Riqhts (hereinafter called "Human Riqhts"), the CONSULTANT will send to each labor union or representative of workers with which it has or is bound by a collective barqaininq or other aqreement or understand- inq, a notice, to be provided by Human Riqhts, advisinq such labor union or representative of the CONSULTANT's aqreemerit under clauses (a) throuqh (q) (hereinafter called "Non-Discrimination Clauses"). If the consultant was directed to do so by the COUNTY or State aqency as part of the bid or neqotiation of this CONTRACT, the CONSULTANT shall request such labor union or representative to furnish a written state- ment that such labor union or representative will not discriminate because of race, creed, color, national oriqin, sex, aqe, disability or marital status, and that such labor union or representative will cooperate, within the limits of its leqal and contractual authority , in the implementation of the policy and provision of these Non- Discrimination Clauses and that it consents and aqrees that recruitment, employment and the terms and conditions of employment un- der this CONTRACT shall be in accordance with the purposes and provisions of these Non-Discrimination Clauses. If such labor union or representative fails or refuses to comply with such a request that it furni,sh such a statement, the CONSULTANT shall promptly notify Human Riqhts of such failure or refusal. for aqe, (c) If directed to do so by Human Riqhts, the CONSULTANT will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by Human Riqhts set- tinq forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws aqainst discrimination as Human Riqhts ahall determine. (d) ~e CONSULTANT will state in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national oriqin, sex, aqe, disability or marital status. (e) The CONSULTANT will comply with the provisions of Sections 290-299 of the Executive Law and with the Civil Riqhts Law, will fur- nish all information and reports deemed necessary by Human Riqhts under these Non-Discrimination Clauses and such section of the Executive Law and will permit access to the CONSULTANT'S books, records and accounts by Human Riqhts, under these Non-Discrimination Clauses and such sections of the Executive Law, and will permit access to the CONSULTANT'S books, records and accounts by Human Riqhts, the State Attorney General and the State Industrial Commissioner for the purposes of investiqation to ascertain compliance with these Non- Discrimination Clauses and such sections of the Executive Law and Civil Riqhts Law. ...",-.~-'" .~-~~----''''' . .-.-.---.--....,--- 8 of 10" _._-----_.,,~~~~.~--_._. . _._~.__.-"-'+,'-~'---- " ." . .-i..~ . \,"...-,.,'~~.' ". ,~:;;.~::~0~1~~r~tf;~:,,'~~;~~f.~i.:. " . . ..i . (~) '!'his contract may be ~orthwith cancelled, texminated or sWlpended, in whole or in part, by the COtJN'1'Y upon the basis o~ a ~inding ..de by Bum.an Rights that the CONSULTANT has not complied with t:hese Non-Discrimination Clauses, and the CONSULTANT may be declared ineligible ~or ~uture contracts may be or on behal~ o~ the State or a public authority or agency o~ the State,. until the CONSULTANT satis~ied Bum.an Rights that it has established and is carrying out a program in con~oxmity with the provisions o~ these Non-Discrimination Clauses. Such finding shall be made by Bum.an Rights a~ter concilia- tion ef~ort by Bum.an Rights have failed to achieve compliance with t:hese Non-Discrimination Clauses and after a verified complaint has been filed with Bum.an Rights, notice thereof has been given to the calSULTAN'l' and an opportunity has been af~orded the CONSULTANT to be heard publicly in accordance with the Executive Law. Such sanctions _, be bIposed and remedies invoked independently o~ or in addition to sanctions and remedies otherwise provided by law. . (g) The CONSULTANT will include the provisions of clauses (a) through (f) in every sub-contract or purchase order in such a manner that such provisions will be binding upon each sub-contractor or ven- dor as to operations to be per~ormed with the State o~ New York. The COJlSULTAN'l' will take such action in enforcing such provisions of such sub-contract or purchase order as Bum.an Rights or the contracting agency may direct, including sanctions or remedies for non-compliance. l:f the CONSULTANT becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by Buman Rights or the contracting agency, the CONSULTANT shall promptly so notify the Attorney General requesting the Attorney General to inter- vene and protect the interests of the State of New York. 23. COOPERATI:ON ON CLAI:MS . '!'he CONSULTANT agrees to render diligently to the COtJN'1'Y any and all cooperation, without additional compensation, that may be required to defend the COUNTY, its employees and de.ignated representatives against any claim, demand or action caused by a negligent act or omis- aion by the CONSULTANT that may be brought against the COUNTY, its .-ployees or designated representatives in connection with this Agreement. f 24. I:J!' ANY PART I:NVALI:D. ~NDBR OJ!' .~1l!"RMRN'P VAL:J:D I~ an)' term or provision of this Agreement or the application thereof to any perso~ or circumstances shall to any extent be held in- valid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to whiCh it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent pe%1Iitted by law. 25. DI:SCLOSURE '!'he CONSULTANT agrees to comply in full with Local Law No. 14- 1976, as amended by Local Law No. 6-1979, and any subsequent _-ents thereof, enacted by the County Legislature of the County of SUffolk, as set forth in Attachment IV attached hereto and made a part thereof. 9 of 10 ~~~,-,,;...;.;c'+'--'"==-""'"'~""""'-_.~ -~--'" ,.~-" ~"-;" _..~ "-,.. -. , .,.,. '" -=.~ ~'" ....1.. ~ .~... "" ... ........ ._, ,. ~l , . .. ~ ,. ~ 26. GRA'fUITIES . The CONSULTANT represents and warrants that the CONSULTANT has not offered or given any gratuity to any official, employee or ag.ent of Suffolk County, New York State, or of any po~itical party, with the purpose or intent of securing an agre_ent or securing favorable treatment with respect to the awarding or amending of an agre_ent, or the malting of any determinations with respect to the performance of an agreement, and that the CONSULTANT'S sig'Datory respect to the perfor- mance of IUl agre_ent, and that the CONSULTANT'S sig'Datory to this Agreement has read and is familiar with the provision of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code) . 27. FEDBltAL MlUmATORY CLAUSES The annexed Attachment VI, representing Federal mandatory require- ments is ..de a part of this Agre_ent as if set forth herein in length. 28. THIS INSTRUMENT REPRESENTS ENTIRE AGREEMENT It is understood that this instrument represents the entire agree- ment of the parties hereto; that all previous understandings are _rged herein; and that no modifications hereof shall be valid unless written evidence thereof shall be executed by the party to be charged. 29. EXHIBITS The following Attachments I, II, III, IV, V and VI are parts of this Agre..nt. ---END OF TBXT--- i'J.0 of 10 ---~-------_. - - - --- ~ - --- -- ", .... "."~.~"".,,, .~ _, JIliAi" ",'-'; ~.~ J~' I.. '''.' ,,,, " .. _. ,"''',,, ,. . ,~.. ' ,.., ATTACHMENT I FISHERS ISLAND HYDROGEOLOGIC STUDY (REvISED 4/88) SCOPB OJ' lmJlVICBS , 1. Obtain, organize and assimilate all existing published and un- published information regarding water supply wells, hydrogeology and water ... across the island; delineate surface watershed areas for Barlow, Middle Farm, Treasure and Brickyard Ponds; identify major springe and surface water courses; collect and evaluate existing island-wide ,water quality data and identify potential pollution sources; plan and co-ordinate drilling and field activities; 2. Conduct field reconnaissance and geophysical surveys across the Island to verify and identify the extent and thickness of impor- tant hydrogeologic features and parameters such as the thickness, grain size and continuity of glacial deposits, water table configura- tion and location of salt/fresh water interfaces; obtain and evaluate seasonal ground water level data; 3. Install test borings and monitor wells in critical areas to define hydrogeology, water table and quality conditions for the development of an island wide hydrogeologic map; collect water quality samples from monitor wells (during drilling at salt/fresh water inter- face wells) and selected existing wells to document water quality conditions; at least three (3) deep test boring/wells (up to 100 feet) will be drilled east-west 'across the island and at least three (3) . test boring/wellS be installed to identify the location. of the salt/fresh water interface. Drilling and test wells and sampling specifications are detailed in Attachment II. Drilling will be super- vised bJ an on-site geologist. Boring logs and well construction reports will be completed for each boring and soil drilling samples rill be collected .s needed. Field hydraulic conductivity testing may be condUcted at selected boring/test wells (of selected aquifer sectional. Collect water samples from monitor wells, surface water bodies and selected private wells for analysis by th.. State of H_ York for the following parameters: chlorinated and non-chlorinated hydrocubons, pesticides, herbicides, nutrients (H, ,P), salinity, toxic .tals and routine chemical/physical parameters. 4. Evaluate the reversibility of salt water intrusion, at the locatiOllS where it has occurred; estimate the magnitude and variability of annual ground water recharge in till and outwash deposits; 5. Evaluate the potential for damage to the Middle Farms Area surface and ground water supplies posed by severe storms and hur- ricanes. ~ 6. Bvaluate existing water quality conditions, trends, and threats to each existing and potential public water supply course identified; specifically, water quality impacts and threats posed by fertilizers, herbicides, pesticides, septic syst_s and waste disposal areas will be assessed. 1 of 2 ---.- ----.----- -------- -- - .- -~_..._.__.~-~-~~--~..-~ ~,... u_._~_ ..__.._ ----- ......--.-- ---.--~-- 7. Prepare hydrogeologic maps and cross-sections which depict the following information across Fishers Xsland: a.) contours of the water table; b.) major geologic units and their vertical and horizontal extent; c.) areas with the greatest water yielding potential; d.) areas with minimal water yielding potential; e.) locations or areas w~th degraded or potentially degraded water quality; f.) locations or areas of salt water intrusion; g.) generalized relationship and locations of salt/fresh water interface around and across the island. 8.' Final Report and Meeting with Suffolk County Depart.ment of Health and the Fishers Xsland Conservancy to fully explain findings, conclusions, recOlllDlendations and limitations of the report. The final report will describe the hydrogeology of the island via text, mapping at 1- - 500' and with at least three (3) representatives cross- sections; the nature of recharge and run-off; the quantity and location of existing and potential surface and ground water supplies; s"lIlIIlll..ize water quality conditions across the island (based upon samples collected from private wells and monitor wells); identify pol- lution problems and make recolDlllendations to r_dy such problems; and, to recOlllDlend appropriate methoda of preventing future water quality and quantity problems for both surface and ground waters. Twenty-four (24) copies; of the final report (with maps) will be provided. 9. Attendance at five (5) meetings with the Suffolk County Department of Health and therFishers Xsland Conservancy, Xnc., in ac- cordance with the following schedule: A. Xnitial orientation meeting to outline the findings of geophysical testing and test boring results obtained to that time: .JUne, 1988. B. Mid-point meeting after receipt and interpretation of test borings, geophysical studies and water quality data to up-date COnservancy and Suffolk County on current progress and prognosis: August, 1988. C. Meeting (optional) to discuss the preliminary findings based upon review and evaluation of all data gathered to date: November, 1988. D. Meeting to review the draft report and to seek input from COnservancy and Suffolk County with regard to recOlDlll8ndations for fur- ther study: February, 1989. B. Final _eting Fishers Xsland; to tions and limitations to present the Report at a public fully explain findings, conclusions, of the report: May, 1989. _eting on recolDIIIeDda- 2 of 2 __.~__'_U_' u__ . --- ._-~ ----.- ,._"'q~.~,,"'"~ ....,;;" . ,,_ ,".. " lit:,;; -' , _ ,.h___.. .._~,.."::-: ,-,',,!, " ~ - '.... f ATTACRMIm'r 1: MON:ITOR WELL DES:IGN AND CONSTR~CT:ION :In drilling the test borings, the Air Rotary, Drive and Wash or Bollow St_ Auger method will be used. :In constructing the monitor wells, threaded ~lush-joint polyvinyl chloride (PVC) piping or 2 1/2/" steel will be used for the casing and the screens. Screens will be pre-slotted PVC (2") OR STEEL (1 1/4"). The General Monitoring Well Cross Section is shown.in the attached diagr_. Ottawa sand may be used to construct the filter pack around the screening. This filter pack will not go more than 2 feet above the screening. Sodium bentonite pellets may be used to construct a seal in the annular space above the filter pack, in the saturated zone to prevent cross contamination between strata. Depending on the depth of the- well, either a tamping'device (for shallow wells) will be used or a' small amount o~ formation water will be poured down the casing (~or deeper wells) to prevent gaps between the sodium betonite seal and the Ottawa sand layer. Lastly, a concrete cap may be poured. :Installation of a suitable threaded or flanged cap will be placed and locked in properly to prevent tampering with the well and the entrance of foreign materials. upon completing the monitor well, the well will be developed to restore the natural hydraulic conductivity of the. ~ormation and to r_ove all foreign sediment. In developing the _11, reversals' or surges will be used to avoid bridging by particles. Co.-plete documentation will be made o~ the _11 design and con- struction, including: Date and time o~ construction Drilling method and drilling ~luid used Well location (+/- 0.5 ~t.) Bore hole diameter and _11 casing diameter. Well depth (+/- 0.1 ft.) . Drilling and lithologic logs Casing material. . . Screen material. and design Ca.ing and .creen joint type Screen slot size and length Filter pack material and .ize, grain analysis Filter pack pla~t _thod Sealant materials (percent bentonite) Sealant vol~ (lb./gal o~ c_ent) Sealant plac_ent _thod Sur~ace seal de.ign an construction "ell develo~nt procedure Type o~ protective _11 cap Ground surface elevation Depth of well Water level (depth to water) Detailed drawing o~ well, including ~n.ions "'SAMPLING''ANI)' ANlILYS:IS .-.--~~--- , - The first step in the .ample collection. procedure is to determine the ground water table elevation and the depth o~ the bottoa o~ the monitor well... Both the.e level."wi11.be taken .to the.O.OJ.~oot,..J.evel .. _ -=',~:':"or aCC::Uracy~::.'Bitlier ast_i....Urveyor. tape or ,- an~ eleOtrontc-c.~"ater u level reader will be used to determine the.e level.. ... Be~ore the _11 i. sampled, three time. the vol_ o~ .tanding water will be r_oved .0 a. not to .ample .tagnant water. I~ the _11 is pullp8d dry and recovers .lowly(longer than 2 hour.), the _11 will again be pumped dry be~ore the fir.t .ample. is taken (after .ub.equent recovery) . Sample. will be ~ield tested for pB, temperature, salinity and specific 'conductivity. S.-nle Collection 1 of 2 'fhe pump to be used to purge the well is a small gas po_red pump which has a static lift of approximately 20 feet. If the water table is below 20 feet, either a stainless steel bailer, a pvc bailer, or a P9 hand pump will be used to evacuate the well. All sampling containers and analyses will conform to BPA and New York state guidelines. SAMPLE PRESERVATION sample preservation is relatively limited and is generally in- tended to: 1) retard biological action, 2) retard hydrolysis, and 3) reduce sorption effects. All samples will be refrigerated from time of withdrawal to delivery to the laboratory. The samples for the fol- lowing analyses will be field acidified to pH less than 2 with BNO: iron, aanganese, sodium, total metals, and dissolved metals. ~ Any organic samples taken will be handled without filtering and will be transferred from the sampling apparatus to the appropriate vials _ to eliminate headapace over the sample. The samples taken for metal analyses will be split into two portions: 1) the sample for dissolved _tals will be filtered through a 0.45 micron filter, and 2) the sample not filtered will be analyzed for total metals (if required) . t"RII.TH OJ!' CUSTODY A thorough and complete change of custody record will be kept to insure the quality and integrity of the samples from the time of withdrawal to the time of analysis. The samples will be sealed with sample labels that will provide the following information: sample identification number, name o~ collector, date and t~ of collection, place of collection, and the parameters for which the sample is to be tested. A field logbook will be maintained that will document all field activities including: identification of the _11; total depth of each _11; static water level depth and measurement technique; _11 yield - high or low; purged vol~ and pumping rate; tho time the _11 is purged; _11 evacuation procedures; sample withdrawal procedure; date and time of collection; well sampling sequence; types of sample con- tainers and sample identification numbers; preservatives used; parameters requested; field analysis data aneS methods; sample dis- tribution and transporter; fieleS observations: a) unusual well recharge rates, b) equipment malfunctions, c) possible sample con- t.m4nation, d) sampling rate; fieleS team members; climatic conditions aneS air t8111p8rature. A chain of custody record will be includeeS with each sample aneS it will cSocument the following: sample number; signature of collector; date ancS time of collection; sample type; identification of well; num- ber of containers; parameters requested; signature of persons involved in the chain of possession; inclusive dates of possession. The laboratory will then keep a sample analysis request sheet along with a complete and thorough laboratory log book. Representative examples of chain of custody documents and field log recorda are attached. To--.nsure the integrity of the samples and the sample analysis,' a QA/QC program will be impl_ented. All field activities will be thoroughly documented including any and all ci8viations from approved procedures. Also documented will be the collection of trip blanks, equipment blanks, aneS duplicates. - -- -------- -- -----.------- -... -00-----..-- -~ -----.---_._- _.'----- --- c~==-:...-~~~.......................=-.'--- - -- --------. - "- .,...---,.,.,-- 2 of 2 f ATTACHMBN'l' II COST. AND TIME.. ESTIMaTBS (see Scope o1! Study 1!or deta"ils) Task 1 - Data Gathering and Planning Bstimated Cost: Task 2- Field Surveys and MaDDin9 a., Field Hydrogeology Recon Estimated Cost: b. Geophysical Surveys Estimated Cost: c. Topographic Mapping of the Island (1- - 500) Estimated Cost: Task 3 - Test Wells. Water SAtqpliD9' J.ng Surv.Y- . a. Test boring and monitor well installations (10 to 15 wells, 30 to 60 1!eet deep) and 2 to 3 ve11s, 80 to 100 1!eet deep) and 1!ield It and water quality teats and hydrogeologic supervision Bstimated Cost: b. Water sample .collection and _thly water level readings (all aonitor .we11s and up to 20 samples 1!rom uisting _l1s/ ponds/springs).. Estimated Cost: c. SUrveying o1! Monitor Wells Estimated Cost: Tasks 4 and 5 - Evaluations of Salt Water I:ntrusion. RAt"!hJlr98 and Potential Severe Storm. Da..ages Bstimated Cost: Task 6 - Water Quality Evaluations Bstimated Cost: 1 of 2 Fisher's Island Conservancy rne. $25,000 $34,000 $4,000 $2,000 Su1!folk County $2,000 $3,000 $500 $2,500 $2,000 Task 1 - Rvdrooeologic ~ing and :rntm::pretations B81:Uated Cost: Task 8 - Final RADOrt BstiDated Cost: Task 9 - Meetinos Estimated Cost: $2,500 Total Estimated Project Cost 865.000 $45,000 $6,000 $3,000 $1,000 $20,000 * cost estimates include all travel time and associated travel costs such as mileage and ferries ** Field measurements of temperature, salinity, pH, conductivity and iron Est4.,.t&d C01l\Pletion Time: Proceed Approximately 1 year from Notice to Est4.,.t-.&d Schedule from Januax:}' 1988 Start bH Completion Date . 1. Data Collection 2a. Field Recon 2b. Topographic Map 3. Test Borings 3a. Geophysical Survey 3b. Water Sample Collection 3b. Water Level Monitoring 3c. Surveying 4-5 Bvaluations 6. Water Quality Interpretations 7. B}drogeologic Mapping 8a. Draft Report lb. Final Report . We would bill this project on pravided, at the following rates: Cbief Hydrogeologist: Principal Bydrogeologist Senior Hydrogeologist Project Engineer Bavironmental Scientist Bavironmental Geologist Senior Field Technician Field ~ecbnician Drartsperson Typist/Word Processor ----,'- ------.---.-'.. Aprii May May June 3uly June/Aug June-Nov 3uly September October Sept. -Oct February May 1988 1988 1988 1988 1988 1988 1988 1988 19BB 1988 1988 1988 1989 an hourly basis, for services : $80.00 . $65.00 . . $55.00 . : $45.00 . $45.00 . . $40.00 . . $30.00 . . $25.00 . : $25.00 . $25.00 . ;.' Out-of-pocket costs for outside services such as laboratory analJses, drilling, mapping, surveying, geophysical survey and so forth, would be billed at cost plus 1_5~~rc::e11:~~ar!Y!.llg _~~r9.~------ _ . ....- --- --- - . - .. ~.. . . - r ----------,.- ---- --_.~-_. ... . -.-.--------.-.- ---- -. ..,..,-------..,.-..-- - 2 of 2 -----~:.;..~...:.:::.-.~....:.:.-._.. --. .. . ..... . . . . .f IIT1/~Cfll(C'ISTJr ..; , CDM'Y tZ s.m:u <IltIDM:D'SI\'DlIXJI.'S P\atc DJ~<mlE It\mI2Ir 'CC .. .....t to Wfolk ColIIty ~ ~ lb. lH976 (pnpIft in tripUcata) / U a.a.ttOl"I/VIndor'. RIIIt .... ~J~ _~ 2. a.u~~~" r . _____ . Clty IllS State _ Qade 3. ~ 'I_H,..t1~ ~ Soc1al SIoIdI7 lb. . 4. '!)pI dI 1llaiJaa: 0 Corporad.oD 0 ParawrIh1p 0 Sla1e fropdatanb1p c:r~ lie. ]a JNI' fila ~: into ClC' Iu JOIIl' f1Dll entend 1I\m. to.... tilth IIffoUt 0:uIt7 ill _ of ~ flGoO:.-!"! 0 leal 0 Ib . . 5b. .. Jt'E'Af1lll enteni SIIto dine << mre CDl1tnetl, 1rw"".M. de ... f&1r: tIdcb ,au .. _ aDpletq dI1t '-0 td.th !lffo1lt lfNlty, C1)' thne cl1oh1ch, \tlI!\ --, aceed $lo.cmr 0."'0 Ib If JllU 8IlS\C8d yeli t~ e1tbt.r part 2.<< 5b, ,au _t """"",- pra 6 tbnacb 9. 111 my eI8It JllU _t . IlK JUU 10 1IX11l. . 6. Ta1l1e)f Clpnizat1.m.. List rmes ... 8Iidresses cl .u. ptt-.P"'i dIIt is, aU ind19Sdu111 -mzw CIl de bid of Jllrecton <<rCOllp8r8h1e bWt'.; NIIlII!S am addres8es <<111 .-t.-" _ __ _ dleues f4 III ....l'C>rate aff1c:era,. Ccnsp1cucusly tiIent1fy my perllOQ ill dI1t table f4 ~ -t1'7l 10hl is at.o III off1cer << III '""', ~.. cl !!lffo1lt Cbmq. (Attach..mt1cxlal llbeet Jf ..... '.7,) 7. Uat aU _.1lIS eddressu f4 t!xa ind1v1dual sba.re)on1~ "",M. mre tIa f1w JIeIl*IC (5%) iDterest ill eta f1D. Qlnr,~ly ''''''I'i~ C1)' ~ Wo is 11m III off1cer << 111 ....'~ << WfoUt Quq, (atACh IIi51t1oa&llheet if ....---.>:7.) . , , a. !tIes:!Ollf f1zm cler-.JIIe ~ or - d! its total _ fraD )QIr CIllIIalII:tuIl or WIIdor pl__11 td.th 1If~ Oculty! 0 Yes 0 1b ' t. .If 1E~, ~ aBt ~.Jb1t, td.~ this -'- statment, a "'""l',..... fIDandalltatellllllt ~. aU assets .... ,_l.Wt1es as lI!ll as a profit llIS.losa atatment. 1Jae ,hP .1. lUSt lie c:ut:1f1C 1!r . 0trt1f1e! M1Jc~-",p. (Strlle this cut U aot -WH...l.,.,) 10. 'DIe.Utden1pld ahiil ,...1.w. this Qatnctor',/Vealor', Nllk 1lI'ge'_ Statellllllt td.th tbt -t ., Or .-f\:a pmal rature of tbt (,- ,,-.t) .... ....aU We the ~temeIIt td.th da Office of the &!ffoUt Cbl.aty~. i 1 i. v.a<'hl\Xl'B& 'Jh1s. rect1a11USt be CgnId \rf CI off1cer << pdDc1.-!' cl 'the CCllltraCtllr ClC' wam autboriall .. . ~ of tte___IJ for de PJrp:l8e of ~ -~,. 1m ~ affu. dIIt the . fI,...o1II ~t8D!IItS:1le true, uaIer tbt penalties cl per~. Ilated: SpId: O Olrpotate 'Cr1f1iat1al Ir1Dted Naae: 1ltle: . . '. . .. ," .... . iss:' . , '" ", . ~ 6I1y lNlrII, iIq::se. 1IIIl.,.; ~ II de,' ; depCllll!llt has read tie f~ Q:a:ractor'./VarSor',lubl1c Ilbcl_ ~.. -''It Cld ~ tIa 'W'P_P. tt.nr:if; tbl __ Sa true CD depO.~ot'5 - knDw1ecIae. ! , , the of , corporat1Cll; c1eJllftlC tas IUd tbt fcnaofzc Olnrractor'a/Vel1:lilr's Public Discl_ !tatezlt IlVS 1cncws tIa ClIlteDts thereof; am t~ _ is 1::'2 to deponent's CN1 a-'~. 1h1s vvUtcat1c:ll is ade by ,aponent _s.... is. c:oqwat1a1 and 4epcl/ent Sa m ' 'Officer tWeof. , '.' S'fA1E' CE NEi'" a:oaY a . " ',- tJ ~~sh1P ... . .. Ver1fk-t4oa. ~m CD befott . ttI 19 S1~: l"rtnted NIae: 't . ~. . ~1ES. ~ failure to fll~ I wri!1~ Jllbl1c c1isc.l09.lle statcnent IS t'e~nrd l.I1der this 10C1l law shall constitute I IlBtenal 1In:1:.'1 ..! contra:t. SJ!!olI< CAlnt)' :IllI)' resort, use or fl9loy a.'lY reled.tes cor.~""": L'\ Al't:cle a o! :."c. L':"':'!o~, C".cr.r.II!r::a..:. ~ :Ii tI'e State of ~~ York. t'l .:1t1oo to &l:. legal r~es, ~fo1k Co.::Cl' s~.al: lie er:tit:ec!. V;al' decer:llinatlOll that. btuch has oec:lllTed, te da::laces ec;u.:al to Uftee!l perce:~t (:~:) 01 Lh:! ~ of :II! CllIltrlCt. PRojec., AGllEEKElIT TO PROVIDE COIllRUllIl SEllVlCES ~l ,i _\II 11 HSIal or tuI)Dml'l !'AGILITY ..IP R....^'"' .\Gll1GYL'!lJlW;. eHIllleALS FlI.Cl! OlOONDIlAtEll .: F1Sf4~f!.S t.s'-....loJ~ WA'"(l;'fr- ~~Se>'''''I\C&$ Stu \::>'( m~~fi~ :c Local Law 10. 14-1'76, AS AMBIlDBD BY LOCAL LAW WO. 6-"", LOCAL LAW PllOYIDDlG rea PUBLIC DISCLOSUU BY CBRTADI CClIIPUIBS DOlIIG BUSIOSS WITH SUPI'OI& COOJl'rt. Section 1. !bb law .ball be known a. the contracton '/vendon' public 4iacloaura law of SUffolk County. Section 2. DefiDi Uon.. '!'h. tera u.e4 in 1:h1. loc:a1 law eball be 4efined panuant to thia ..otion& a. -contraotor or ven40r- .hall mean any propri.tonhip, partnerehip or clo.ely-he14 oorPoration which baa a contract with SUffolk County in .1lC... of "0,000 or ba. three or acre contracts with Suffolk CollDty, any thre. of which when COIIbine4 exoee4 "0,000, .llcept (a) tho.. 40in9 bwline.. .1lclua1v.l~ with the Departaent of Social Service., (b) hospitals, (c) ecSucational, .e4ical or goverDllentel entities, end (d) not-for-profit corporations. b. .contract- shall mean any written agreement between Suffolk County and a contractor or vendor to do or parfon any kind of labor, eervice, purcba.e, construction or public work, except written agreemeJlte funded in whole or in part ander any stete or federal program, unless such federally or .tet. aided program 18 required to be bid pursuant to General Municipal Law, .ecUon 103. c. -full di8cloaur. clau..- .ball mean a provioo to be inclade4 a. a mater~l part of a contract' iqx)a1ng upon the contractor or 'f8IU!or a ..terial, contractual or etatutory cSuty to file a verified public d18cloaure etatement. d. -verified public dbolo.ur. .tetement- .ball mean a deClaration, the contents of which are acknowledged before a notary public, conteining information required aiuter th1e local law. Section 3. A full dbolo.ure olaus. 18 to be incladed in all future contracte between Suffolk County and a contractor or vendor. SUch full diaclosura clause .hall con.titute a material part of the contract. Section 4. Rotice of the full disclosure clause shall be included and made a part of the specifications, if any, whlch.are submitted to interested potential bidden. Section S. Bach contractor or vendor shall file a verified public disclosure .teteaent with the Comptroller of SUffolk County as .oon as practicabl. prior to being awarded the contract. lID updated diaclosura .tatement .hall be filed by the contractor or vendor with the comptroller by the 31.t day of January, 1n each year of the contract'. duration. It .hall be the duty of the comptroller to ,accept and file such .tete.ente. SectiOD 6. No contract .hall be a",arded to any contractor or vendor .. defined in thb loc:al law unle.. prior to such award a verified public, disclo.un .tete..nt 18 filed with the comptroller a. provide~ in thb local law. lIDy verified public dbclosure .tatement containing, fraudulent information sball constitute, for all purposes, a failure to file .uch statement in the fint instance. . -;.i Section 7. 'lbe verified public disclosure statelll8nt required by thi,. law shall include. a. a compleu list of the names .",j addresses of those individual share~old.rs holdln9 ~or. than five (5': ?rcent interest in the firm. , nf "". b. tlae table of or,.nb.tlon for tb. COIlp.nJ .b.U inclueS. t.b. n.... .neS .eScSr..... of .11 lndividual. ..rvln, on t.b. bo.rd of dlr.ct.or. or OOIFAr.bl. bo4y, tII. .... .neS .Ure.... of .11 partner., ~nd n_. .nd .eScSr..... of .U corpor.t. officer.. 'lb. cont.ractor or v.neSor .b.ll con.ptcuOlaa1J 14anUfy .ny .lIeb penOl 111 t.bls table of or,anb.Uon wbo ls .n offic.r or .11 ....101.. of" Iaffo11t ColllltJ. . . .' c. . ccmpl.t.e fin.nci.l at.t.elllent. llst.ln, .11 ....t.. .neS 11.bl11U.. .. vell .. . proflt. .n4 10.. .t..t....nt., c.rt.ifi.d by . cert.lfle4 public .ccountant. sucb .tat."ellt .b.ll be tbe IIIO.t currant available aneS in no ev.nt .ball b.ve been prepareeS IIIOI'e t.han six (6) aonth. prior to t.h. 4ate of t.h. Ulln, of tile bld. 110 Un.ncial .t..t.elllent. or proUt and 10.. .Ut.e_t .haU b. require' frolll any contr.Ctor or vendor h.vln, fUty 150\) perc'lIt or .01" of thelr p.' revenue. frOlll .ource. other t.han t.he Count.)' of hffo11t. Sect.ioll 8. A .epar.te folio for each cOlllpany .ha11 be lIIaint.alneeS a1phabet.lcally for pUb11c In.pect.lon ~ t.he comptroller. SecUOI 9. JIeIIle41e.. '!'be faUure t.o 'file a verified public 41.c10sure .tat.uent. .. requlred uneSer thls local 1av .hall con.tit.ut., a ..t.,rlal br.ach of contract. hffolk Count.y ..y re.ort., u.e or emplo)' any rue41e. contalneeS 1n Article Jl of t.he VnUol'III C:O....erel.1 Code of t.he State of "v York. In .441t.ion to all le,al r....e41e., hffo11t 9Ount.y .h.ll be enUtled, upon a c1et.era1naUon, t.hat. a breacb ba. occurred to d&lllage. equal to fifteen (15\) percent. of the &JIlount of the eontract.. SecUOI 10. Onder DO cire-sUnce sba1l the Count.y be preclude' frOlll invoking allY rellledy eonUineeS in t.he preceding section by rea.oll of its fal1ure to invoke prompt.ly 1 t.s r....edie.. SecUOI 11. '!'bi. lav sball take effect. immediately. Dat.eds Much 27, 1979 Approv.' 1I1s I ",OM V. .. J:lein Count.y Exeeutive of Sllffollt Count.y Date of approv.ls 4-9-79 . . . ., - . . .' .' " e' , SUFfOLK COUNTY ) COUNTY LEGISLATURE) IUVEkHEAO. NEW YOR.K) THIS IS TO CER.TIFY THAT I. thc undmi~ncd. Clerk of thc Count)' LeGisbture of the Coullly 'of Suffolk. ha\'c compa.cd thc fo,cGoinS cuny of reooludon ,,'ith the o.i~inal .eoolution no", on file in tM. office and wbich was duly adopted by the County LClji.blure of said CounlY 011 !-larch 27, 19/5 & signed by county Exec. after oublic hearing ~pril 9, 19:: , anil diat die sanle " a I'UC and corrcct "".r:sc,ipt or said ,esolutlon and of the ' whole thucof. ' '-- IN WITNESS WHEREOF I have hcrellnlO set my hand and the ofncial seat of the COUllt) legislature of the County of Suffolk 011 ' June 22, li\'~ ' ~ /J . ,J ~1.r _, Q ~"'. .y.;", i.f, LJ.;j.~,t,~.. derk of thc County LCGisblurc . d..., r. JoU4 ., ...., "'\...... .. . 4 ,~. .' _..:....~ ", J..o:...~;j"+-??"''c':f~ff-'f;C:''...''''~'''.. .. '.,. "-'C.'::.:::;:";.',': -" --.- ____'' _u ~ .....,"". ., " .. .. oJ,'" ". . . . 1>~~CI AGIIEHIRT TO nOVIDE CIiIlISVIiIIJIO saVICES F01 / . I'WI 11 BESICJH Of !'HIaMBMl '''tn-In we NMQVI Amli~'I''' <:BIIMK.\U J'Idf' (JIIotr.mlfA~ Fl h.\E~ 1$&.-'1oJ wfllE1l-1?E~CES. STu Y . :dla&1-j1JF~ ;rzr CoDtTactl with CommeTcla1 CoDtTactoTI OT OtheT Proflt-OrleDted Sub-recipientl . Jaaulre"Dts fOT Audlt .lev1ev . a. PTlor to authorizizal fizaal payment to the COt.'TJtACT01, the DeputlDent shall pufoTll a thoroup nviw of tbe (voTk) (semce) performed by the COt.'TlACTOl Wldu tM. contnet. aneS shall formally cutUy. iza vdtizal. that tbe CO~-rttAcrOl'. (vork) (semee) bas bea .atisfactorily cozpleteeS iza full co=pllance with tbe terma and 'b. }~ matedal lizadizag of uonc01lOpllance resultizag frolD the COlli- plisnce nviev described above shall be referred to the CoWlty Co1:lptroller wbo shall ritbhcld approval of fiDal paymeut. pending 'consultation rith die Department, and a determizaatlon of ueed for furthu audit action. and correction of Contract deficiencies. . . .. ! 't . ---- ---~€..:- , 'I' MEMORANDUM TO: Scott Harris, Supervisor Thomas Wickham, Councilman (~. FROM: Valerie Scopaz, Town Planner RE: Fishers Island Water Study DATE: November 7, 1990 Bill Ridgway, President of the Fishers Island Development Company (FIDCO), would like to be kept informed of the Town's progress with regard to obtaining funding. His telephone number is 788-7813. FISHERS ISLAND CONSERVANCY, INC. BOX 553 FISHERS ISLAND. N.Y. 06390 :'EXI' of 'jo s81ution nas sed by the Pi shers Island Conserv 811CY, Tnc. at its Board meetinR of September 3, 1990. "RESOLVED that tle ~"ishers Island Conservancy, Inc. commit $30,000 tOI'lards the completion of a Generic nnviromnental Impact Statement (G~IS) tllat Hould cover tele watersheds of tile Island's three major surface reservoirs (;:iddle I"arms Pond, Treasure Pond, and Barlo,.[ 20nd). Our cownittment to aid in completion of this study is contingent on both tOHn and county auti'lOy'ities ::>rovidin!_,: enoufh lcdlE tional acirninistrati 'Ie, legisla ti 'Ie, and financial resources to seo the study through to completion. It is our very strons l:ish that tmm and county implementation of this study be initiated as soon as possible so t:,at these areas (l1hich are :my ')arts of tho Island-l,.;ide 8ri tical LnviroD.!~lental i~rea de sir.'na tion) be Y:1ore rrdequo.tely :')rotected from tJ-:reatenod development. Ii by c;;rL~ ?2,~ V-T' PN.-u'~r <-J MEMORANDUM TO: Scott Louis Harris, Supervisor Members of the Town Board Valerie Scopaz, Town Planner /S FROM: RE: County Funding of the Fishers Island Public Water Supply Study DATE: November 2, 1990 On November 1, 1990, I met with Arthur Kunz, Director of the Suffolk County Planning Department; Aldo Andreoli, Director of the Environmental Health Division of the Suffolk County Department of Health Services (SCDHS); Vito Minei, Director of the Office of Ecology of the SCDHS and Steven Cary, Chief of the Groundwater Resources and Reclamation Bureau of the SCDHS. The purpose of the meeting was to discuss the past role that the Health Department has played in the Fishers Island Water Study. For background information on why this meeting was called, please refer to my previous memo of October 22, 1990, which is attached and highlighted for your convenience. I wish to emphasize at this point that some of the information presented here from other sources has not been confirmed. If you have information to the contrary of what is presented here, that may well be the case. At this meeting, I was informed that the SCDHS had been approached by John Thatcher in 1986 about doing a study of the Fisher's Island water supply. It seems that Fishers Island had not been included in the Comprehensive Water Study of Suffolk County which was published in January of 1987. In response to Thatcher's request and in recognition of its own oversight, the SCDHS agreed to commit $20,000 in funds toward a jointly funded study by the County and the Fishers Island Nature Conservancy. (Evidently there was a contract; between whom it was not clear. I have asked for a copy to be sent to the Town.) Mr. Cary, of the Groundwater Research Bureau, estimated that the SCDHS had spent approximately $30,000 in funds and staff time on this study, which will hereinafter be referred to as the REPORT. (The HYDROGEOLOGIC REPORT was published in April of 1990 by Ground Water Inc. of Connecticut for the Fishers Island Conservancy.) This $30,000 figure is the figure that was brought up at the Health and Human Services Committee meeting on October 19th, as evidence that the County had already spent $30,000 on a study for which it was being asked to spend another $30,000. I must point out that no documentation was submitted to support the SCDHS claim that they had expended $30,000 towards the REPORT. Nor did the SCDHS present any details such as how the study was administered, whether the Town was involved, how much money the Conservancy contributed to the study, and who was responsible for what. Further, and this is an aside, the SCDHS did not know that the REPORT had been completed until two months afterwards. In any case, at the October 19th Health and Human Services Committee meeting, Aldo Andreoli of the SCDHS stated that his office had financed part of the HYDROGEOLOGIC REPORT to the tune of $30,000. Some members of the Health and Human Services Committee concluded that the County had already paid $30,000 towards the water resources study for Fisher's Island - and was being asked to pay another $30,000 for the same study, with no help from the Town government; a conclusion that mayor may not be warranted by the facts. First of all, if the REPORT was funded to correct an oversight of a County wide report, then it should not be confused with the proposed study, which is a specific study of a public supply watershed. The Town could argue that since the REPORT was an attempt to correct an oversight on the part of the Health Department when it did the Comprehensive Water Resources Management Plan in 1987, the Legislature should dismiss the SCDHS's argument that the County has already paid $30,000 towards the proposed Fishers Island Study. In other words, the proposed study should not be considered as part of the REPORT study. I am not sure why the prior study and the proposed study are being linked by the Health Department and the Committee. The Town Board may wish to examine this further. Also, it seems that the Health Department's contribution to the REPORT was paid out of another budget year's funds. Every time I have asked in what year the SCDHS paid the $30,000 for the REPORT, the question has been neatly sidestepped. It is a valid question, because if the money was paid out of the 1987, 1988 or 1989 budget, that should have no bearing on the expenditure of 1990 monies. As I have said before, my reading of the situation, which is based on statements by Messeurs Binder and Andreoli, is that the County is willing to contribute some money towards the Fishers Island Water Supply Study, but not $30,000. The Chairman of the Committee said he would like to see a Town government contribution in this somewhere, although he did not volunteer an amount that he would consider sufficient. The private contributions from the Fishers Island Development Company and the Conservancy, which now total $40,000, ($30,000 from the Conservancy and $10,000 from FIDCO) are going to be viewed as private monies being contributed to a public cause. The Town can argue that the money was given to the Town, and that the Town is contributing it towards the study, but this probably is going to be viewed as an attempt by the Town to avoid contributing tax revenues. The Committee Chairman was quite clear in his request that the Town indicate what its pecuniary contribution will be outside of the private contributions. The other issue that was raised at yesterday's meeting had to do with what we are calling the study. The Health department officials were concerned that there was a continual reference to the study as a Generic Environmental Impact Statement (GEIS). First, they were adamant that the study NOT be referred to as a generic environmental impact statment. Despite statements to that effect, and the Town Board's resolution of August 8, 1990, on Fishers Island, the County is NOT doing a GEIS. The August 8th resolution should be reworded. And, how to reword it raises an important issue. We seem to have two options. One is to call the study a GEIS, but for the Town to be the lead agency. The other is to call the study an environmental planning analysis, and to ask the County to do it. Each of these options will have a slightly different outcome. As I understand it, if the Town (or as we originally thought, the County) were to do a programmatic GEIS, then the final product would be a set of watershed rules and regulations. My understanding of the GEIS review process is that no permits can be issued until the findings of the GEIS were adopted. The County officials were not sure of this legal point, and advised consultation with the Town Attorney. The County officials felt that the Town might have to make a formal motion to adopt a moratorium. But, if we ask the County to do an environmental planning analysis, the recommended rules and regUlations will be advisory in nature only. In other words, the recommendations would carry no weight unless the rules and regulations were formally adopted by the Town and the County. In this case, the only way the Town could prevent the issuance of any building or sanitary system permits within the study area would be to declare a two-year moratorium on the issuance of such permits until the study was completed, and the recommendations were adopted. In past discussions, the Town Board had decided that it did not want to institute a moratorium. You should be aware that regardless of how the Town proceeds, the meeting participants feel that the study should be undertaken. They emphasized that the recommended watershed rules and regulations may include density restrictions, setback requirements, clearing restrictions, easements, transfer of development rights ---all of which are land use and zoning issues. Please refer to Mr. Minei's July 20th memo which itemizes the nature the recommendations are expected to take. At yesterday's meeting, the officials named felt that the Town would be in a better position if it did the GElS, because then the recommendations would have the force of SEQRA behind it, and the control would be in local hands. However, I am not sure if County funding would be forthcoming for a GElS. I do not have any recommendations at this point because I do not know how the Town Board and the Island residents feel about this. But, it is clear that the manner in which the Town proceeds (GElS or analysis), may affect the implementation of the watershed rules and regulations as well as the issuance of permits to build. And, the advice of the Town Attorney should be solicited with regard to the need for a moratorium. Therefore, I am recommending that the Board invite Vito Minei to speak with yourselves, the Town Attorney and the Fishers Island representatives at a work session, so that the pros and cons can be discussed with all pertinent parties in the same room. ~l .. _. f) MEMORANDUM FROM: Scott Louis Harris, Supervisor Members of the Town Board Valerie Scopaz, Town Planner J So , TO: DATE: County Funding of the Fishers Island Public Water Supply study October 22, 1990 RE: On October 17, 1990, I appeared before the Health and Human Services Committee of the Suffolk County Legislature on the Supervisor's behalf. The purpose of the meeting was to discuss a resolution before the Legislature to fund a portion of the total cost of the Fishers Island Public Water Study. The projected total cost is $60,000. Half of this sum has been pledged by the Fishers Island Conservancy and the Fishers Island Development Company. The resolution calls for the Suffolk County Legislature to match these private pledges with county monies. At the meeting, Allan Binder, Committee Chairman, wanted to know what amount of money the Town would be contributing outside of in-kind services of program accounting services. I told him I did not know the answer to that question. But, I pointed out that the residents of Fishers Island were paying for half of the cost of the study through private contributions. In response, he indicated that he did not think the County could justify paying for a portion of the study if the Town's government was not willing to contribute a portion of the financing itself. I asked for an opportunity for the Town to respond at a future meeting of the Committee. Mr. Binder agreed to discuss the matter further, and possibly to place the question on the agenda of either the October 24th or October 31st meeting of the Committee for further review. . . Direction from the Town Board is requested. Does the Town Board wish to pursue partial funding by the County of the \ Fishers Island Water Study? If the answer is "No", Mr. Binder should be notified that the Town does not wish to pursue the matter further. If the answer is "Yes", the Town should move quickly to ensure being placed on Committee's October 24th agenda. Also, it would be helpful to the Town's case if it could present written confirmation of the verbal pledges made by representatives of the Fishers Island Conservancy and the Development Company. One comment. Timing is of essence. The County money is being made available from the remaining funds in the 1990 bUdget. As you can well imagine, the competition for those funds is intense. My sense of the situation is that the Committee would be willing to contribute some monies (under the mantle of revenue sharing) for a portion of the $30,000.00 that the Town would otherwise be obligated to spend on its own. Also, if the Town decides to pursue the funding, Aldo Andreoli, the Director of the Environmental Services Division of the Suffolk County Department of Health Services, has agreed to a tentatively scheduled meeting between representatives of the Town and his department. The purpose of the meeting would be to clarify the Health Department's past and projected role in the study. Evidently, the April 1990 Hydrogeologic Report of Fishers Island was conducted with the knowledge and cooperation of some members of the County Health Department. At the Committee hearing, a statement was made to the effect that the Health Department had already expended $30,000 towards studying Fishers Island through this April 1990 report. When I asked for clarification, Mr. Andreoli agreed to attend a meeting to clear the confusion. , , .' w, COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOL.K COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.. M.D.. M.P.H. COMMIS!fONER To: Arthur Kunz, Director of Planning Vito Minei, P.E. PAt Supervisor, Office of Ecology <- ,::;. .- r' C-J' From: ? o .' <-0 -oJ Date: July 20,1990 Subject: Fishers Island Water Supply Watershed Study Valerie Scopaz, Town Planner for Southold called me yesterday as follow-up to the letter she sent you and me on June 21 in which she requested additional information on the projected scope, costs and time schedule for a possible study of the Fishers Island water supply watershed. At the meeting of June 13 with representatives of the Town, FIDCO, FI Water Works and the FI Conservancy, there was tentative agreement that preparation of a GElS pursuant to SEQRA represents the best means of evaluating the existing and potential impacts on the water supply. Enclosed for your consideration is a suggested GElS outline which follows closely the outline provided in the NYSDEC SEQRA Hanpbook, for an EIS. In her letter, however, Ms. Scopaz indicated that the Town is opposed to assuming lead agency. Jim Bagg and I discussed the options and study needs at a meeting in my office on July 13 and in a subsequent brief phone conversation. If the Town maintains its position regarding lead agency, but still requests a study, an alternative means of satisfying the request would be to conduct an investigation similar to the one your staff undertook for the Accabonac Harbor Area Study. I have, therefore, enclosed a reconunended outline which uses the Accabonac report outline as the model. COUNTY CENTER RIVERHEAD. N.Y'. 11to1 Memo to Arthur Kunz July 20, 1990 Page 2 perform the identified work activities (e.g. well drilling, sample collection, etc.). The study should also be considered as an opportunity to gain additional insight on natural resources preservation needs directly related to the watershed. Louise Harrison has prepared the enclosed outline of natural resources work and cost estimate for a consultant, possibly a summer intern. We remain available to provide assistance for the study in a strictly oversight and guidance role. Assuming that the suggested work is carried out, our original estimate of two years to conduct the study and prepare the report still seems valid. Our understanding is that you will be responding to Ms. Scopaz with a formal cost estimate for your office to undertake the study if asked by the Town. Please include the enclosed information as appropriate with your response. VM/ta Enclosure cc: Aldo Andreoli, P.E. Joseph Baier, P.E. Steven Cary, P.E. Louise Harrison Jim Bagg , ' . . July 19, 1990 Fishers Island Water Supply System Watershed Planning Analysis - Preliminary Outline i" . Tnt: Tnn\H'~t: inn f . Issues and Concerns * Existing Plans * General Study Area Boundary . Part I - Tnvp.ntnrv and Analvsis * Hater Supply - surface water and groundwater quality and quantity, based on: existing infor.mation regarding geology, water quality and quantity, treatment/ distribution systems, etc. stormwater runoff basin characterization (paved area, number of houses, etc.) including field investigations of overland and underdrain/subsurface tributary area additional boring and well drilling, sampling, and monitoring as needed to define hydrogeologic regime additional sampling data as needed to characterize groundwater and surface water quality * Land use, zoning, population, and other pertinent planning factors . Natural resources (terrestrial and aquatic wildlife and habitats, including wetlands, endangered species, etc.) . Part TI - Finrlino~ . Part IT! - Plannina Recommendations * density restrictions . setback requirements · clearing restrictions * easements . sto~water management plan * septic system management plan * fertilizer controls * water supply monitoring * potential transfer of development rights * potential acquisition * other measures (e.g., swimming pool and fuel storage regulations) (Watershed Rules and Regulations) JUDITH T. TERRY TOWN CLERK REGISTRAR Ot' VITALSTA.TISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD AT FISHERS ISLAND ON AUGUST 8, 1990: RESOLVED that the Town Board of the Town of Southold hereby formally requests the Suffolk County Department of Planning and the Suffolk County Department of Health Services to prepare a Generic Environmental Impact Statement on the three reservoir watersheds on Fishers Island: Barlow Pond, Middle Farms Pond, and Treasure Island Pond. , , .J" ...~ '-':,~ ~? "" \'" " ',' J .-...., " '. ,.-' ;.:~;\ ~~): . .; ~ ," .~\\\ ;..\}: \ 3 '-'. ~~ ~dith T. Ter~ Southold Town CI~r...u August 9, 1990 't_...-..:'. I \...,."'-..-.'., MEMORANDUM TO: Scott L. Harris, Supervisor Thomas H. Wickham, Councilman FROM: Valerie Scopaz, Town Planner RE: County Funding of Fishers Island Water Study DATE: October 26, 1990 I have received confirmation from Allan Binder, Chairman of the Health and Human Services Committee of the Suffolk County Legislature, that the Fishers Island Water Study will be discussed at that committee's November 7th meeting in Hauppauge. In order to put the Town in the strongest possible bargaining position, I beleive I will need the following documentation for that meeting: 1. A resolution by the Town Board or other evidence that the Town is putting up $30,000 towards the cost of the study. The County is viewing the Fishers Island contributions as private contributions. But, the Town Board wants to show those contributions as the Town government's contribution. In order to do this, I would think that you would have to obtain the cooperation of the Conservancy to agree to donate the money to the Town. I would not assume that you have the Conservancy's cooperation without first checking with John Thatcher. The Conservancy's September 3, 1990, resolution states that the Conservancy's committment of the money is "contingent on both town and county authorities providing enough additional administrative, legislative, and financial resources to see the study throuqh to completion." (Emphasis added.) (A copy of the resolution is attached also. ) The key word in this resolution is "contingent". As I read . it, the Conservancy will not follow through on its committment unless it has guarantees that the study will be adequately financed, etc. Also, keep in mind that I may have to argue that the resolution is incorrect, and, therefore, misleading. Contrary to what is stated in the resolution, the Fishers Island Water Works Company and the Fishers Island Development Company have not made any contributions. (This situation may change. Ray Edwards mentioned on October 24th that he heard that FIDCO was going to contribute some money, but that he did not know the amount. If FIDCO will be contributing additional monies, then every effort should be made to obtain written confirmation of their intent and the amount before the November 7th meeting.) 2. Statutory authority or similar evidence that the Town is acting within its legal rights to accept private contributions and disburse them as public funds. I would like to have this information with me in case the Committee's legal counsel challenges the Town's argument that it is putting up half of the funding for the study, albeit by using private contributions. The wording of the resolution before the Legislature is going to have to be changed by legal counsel. I am hereby requesting assistance in obtaining the above-referenced information, since I do not have access to that type of documentation. On another note, you may want to consider calling individual members of the Committee whom you may know to ascertain their position on the resolution. The more information we have about their concerns and doubts, the better prepared I can be to address them at the meeting. The Committee members are: Allan Binder, Legislator, 15th District (Hempstead) Herb Davis, Legislator, 2nd District ( Shirley) Mike D'Andre, Legislator, 7th District (Smithtown) Fred Thiele, Legislator, 16th District (the Hamptons) John Foley, Legislator, 3rd District (Patchogue) Maxine Postal, Legislator, 14th District (Amityville) Sondra Bachety, Legislator, 12th District (Babylon) 499-5886 399-0500 724-5705 725-4915 475-5800 691-4488 661-3425 If there is anything else that you feel I should do to prepare for this meeting, please let me know. cc: Bennett Orlowski, Jr., Chairman ,. , , MEMORANDUM FROM: Scott L. Harris, Supervisor Thomas H. Wickham, Councilman Valerie Scopaz, Town Planner ~ County Funding of Fishers Island Water Study TO: RE: DATE: October 25, 1990 I have received confirmation from Allan Binder, Chairman of the Health and Human Services Committee of the Suffolk County Legislature, that the Fishers Island Water Study will be discussed at that committee's November 7th meeting in Hauppauge. In order to put the Town in the strongest possible bargaining position, I beleive I will need the following documentation for that meeting: 1. A resolution by the Town Board or other evidence that it is putting up $30,000 towards the cost of the study. The County is viewing the Fishers Island contributions as private contributions. But, the Town Board wants to show those contributions as the Town government's contribution. In order to do this, I would think that you would have to obtain the cooperation of the Conservancy to agree to donate the money to the Town. I would not assume that you have the Conservancy's cooperation without first checking with John Thatcher. The Conservancy's September 3, 1990, resolution states that the Conservancy's committment of the money is "contingent on both town and county authorities providing enouqh additional administrative, leqislative, and financial resources to see the study throuqh to completion." (Emphasis added.) (A copy of the resolution is attached also. ) The key word in this resolution is "contingent". As I read it, the Conservancy will not follow through on its committment unless it has guarantees that the study will be adequately financed, etc. Also, keep in mind that I may have to argue that the resolution is incorrect, and, therefore, misleading. Contrary to what is stated in the resolution, the Fishers Island Water Works Company and the Fishers Island Development Company have not made any contributions. (This situation may change. Ray Edwards mentioned on October 24th that he heard that FIDCO was going to contribute some money, but that he did not know the amount. If FIDCO will be contributing additional monies, then every effort should be made to obtain written confirmation of their intent and the amount before the November 7th meeting.) 2. Statutory authority or similar evidence that the Town is acting within its legal rights to accept private contributions and disburse them as public funds. I would like to have this information with me in case the Committee's legal counsel challenges the Town's argument that it is putting up half of the funding for the study, albeit by using private contributions. Remember, the wording of the resolution before the Legislature is going to have to be changed by legal counsel. I am hereby requesting assistance in obtaining all of the above-referenced information, since I do not have access to that type of documentation. On another note, you may want to consider calling individual members of the Committee whom you may know to ascertain their position on the resolution. The more information we have about their concerns and doubts, the better prepared I can be to address them at the meeting. The Committee members are: Allan Binder, Legislator, 15th District (Hempstead) Herb Davis, Legislator, 2nd District ( Shirley) Mike D'Andre, Legislator, 7th District (Smithtownl Fred Thiele, Legislator, 16th District (the Hamptons) John Foley, Legislator, 3rd District (Patchogue) Maxine postal, Legislator, 14th District (Amityville) Sondra Bachety, Legislator, 12th District (Babylon) 499-5886 399-0500 724-5705 725-4915 475-5800 691-4488 661-3425 If there is anything else that you feel I should do to prepare for this meeting, please let me know. cc: Bennett Orlowski, Jr., Chairman FISHERS ISLAND CONSERVANCY, INC. BOX 553 FISHERS ISLAND. N.Y. 06390 -;:'EX'~ o.f 11csolution )assed by the Pishers Island Gons8Pv:mcy, Inc. at its 80ard meetin~ of September 3, 1990. "HESOL"JIm that tle Fishers Island Conservancy, Inc. cor.1Iait ~30,OOO touards the completion of a Generic Environmental Impact Statement (G.2;IS) tl'lat ;.JQuld cover t'le Hatersheds of tele Island's three major surface reservoirs C=iddle I?arms Pona,i.'reo.sure fo;~"d, 8.nd DarIo'.,! Pond). Ou.r cor:mi ttment to aid in conpletLon of t;hL, study is continc:ent on both tOHn and county auti"J.ol'it".es "r07idin'c; enouGh adclitional administrative, legislative, and financial resources to see the study' tc'lrour:h to completion. It is our very strong Hish that tmm and county implementation of thi s study be ini tia ted as soon as possible so t:'lat these areas (uhic;l are ;coy ')arts of the Island-odde Gri tical GnvirOllJllental Area de sic:na tion) ])e ~lOre adequately protected from tJlreatened develepment." by ~~~ ~0P~ \~r P H_u!~ 'J--J1- ~ Intro. Res. No. 1909-90 Introduced by Legislator caracciolo Laid on Table RESOLUTION NO. - 1990, AMENDING THE 1990 CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FONDS IN CONNECTION WITH WATER STUDY AT FISHER'S ISLAND (CAPITAL PROJECT NO. 8232) WHEREAS, the water supply on Fisher's Island appears by on-going development; and WIlEREAS, resources study upon it; and the County Health Department is Willing to undertake a water to determine the condition of said water supply and 1mpac~s WIlEREAS, Fisher's Island Development Company; works; and Fisher's Island Conservancy are willing to tor such a study; and WIlEREAS, the County Legislature, by resolution of even date herewith, has authorized the issuance of $30,000 in Capital Notes for this purpose; now, therefore, be it FiSher's Island Water- donate matching funds RESOLVED, that the 1990 Capital Budget and Program are hereby amended as tollows: PROJECT NO. PROJECT NAME: 8232 Fisher's Island Water Resources Study 3. Planning, Design and Supervision 6. Total current Revised 1990 1990 Total Capital Capital Est'd. Budget & Budget & ~ Proaram Proaram $60,000 $ -0- $30,000 60,000 -0- 30,000 " ,. PROJECT NO. 3205 PROJECT NAME: Purchase and and Training 5. Furniture and Equipment "', , Installation of Equipment for \ " Current .~. 1990 Total '", Capital Est'd." Budget & ~ ~roaram $4,765,728 $ 216,0000 '. l,959,000B $4,765,728 $;;175,000 \ ~S/ALS \ \ "Revised 1990 Capital BUdget & Proaram 6. " , Total "" be it further "" \ $ 216,0000 l,929,000B $2,145,000 , and RBSOL?20, that the proceeds of $30,000 of Capital Notes are hereby ap- propriated as follows: Uill. /!s!. proiect ~ Fisher's Island Water Resources Study Amount 8232 and be it further $30,000 RESOLVED, that the County Department of Health Services thorized, empowered and directed to enter into an appropriate implement Fisher'S Island Water Resources Study upon receipt of contribution from Fisher's Island Development Company; Fisher's Works; and Fisher's Island Conservancy; and be it further is hereby au- agreement to the matChing Island Water- Inuo. .~CS. No. 1')09-,;<r) .. . RESOLVED, that the expenditure of the above-described ;~~~..~. hereby conditioned upon the receipt of $30,000 in a matching con~r~~_~~:n the ,Fisher's Island Development Company; Fisher'S Island Wat.er-..:::-o:2.; Fisher'S Island Conservancy. DATED: APPROVED B'l: 255 County Executive of SUffolk County Date of Approval: .. Ir_ ."" -. " , I , . FISHERS ISLAND CONSERVANCY, INC. BOX 553 FISHERS ISLAND, N.Y. 06390 ~EX~ of ~esolution passed by the Fishers Island Conservancy, Inc. at its Board meeting of September 3, 1990. "RESOL'IED that the Fishers Island Conservancy, Inc. commit $30,000 towards the completion of a Generic Environmental Impact Statement (GElS) that would cover the watersheds of the Island's three major surface reservoirs (i.liddle Farms Pond, I'reasure Pond, and BarloH Pond). Our cOL~Qittment to aid in completion of this study is contingent on both to,m and county authorities providing enough additional aQministrative, legislative, and financial resources to see the study through to completion. It is our very strong wish that tOem and county implementation of this study be initiated as soon as po ssible so tom t these areas (Ilhich are key parts of the Island-Idde Critical Environmental Area designation) be more adequately protected from threatened development." by ifL~ ~~ cr P N..A) cP u::ff 0s II rfte tC IS WI C/0IAM COUNTY OF SUFFOLK COUNTY LEGISLATURE ALLAN BINDER LEGISLATOR, 1 15TH DISTRICT 1789 E. JERICHO TURNPIKE HUNTINGTON, NEW YORK 11743 1151 6) 499.15888 CHAIRMAN: HEALTH AND HUMAN SERVICES COMMITTEE MEMBER: LEGISLATIVE. PERSONNEL AND GOVERNMENT PARKS. RECREATION AND CONSERVATION ENERGY AND ENVIRONMENT October 23, 1990 Valerie Scopaz, Town Planner Town of South old 53095 Main Road Southold, New York 11971 Dear Ms. SCOpe, z: This will confirm your conversation with my office on October 23, 1990. The Health and Human Services Committee will meet on November 7, 9:30 a.m. in the Legislative Auditorium, Hauppauge to discuss regular business. Our October 26th meeting is discussion on the 1991 proposed Operating Budget and will not include regular business. You will be put on the agenda to discuss the matching funds for the Fisher Island Watershed study. Thank you for calling. on the 7th. I look forward to seeing you Sincerely, ~ Chairman AB/vw 0,,-- '1 6 Ir.. (,. ( ,,,-.T .,~c' 1~.:25 P.2 COUNTY OF SUFFOLK e COUNTY LEGISLATURE ALLAN BINDER L.jj;QI~L..ATCA. '15TIoI OI!ilTRICT 17.g l.. ..It:AICHO TUMNPIKE HUHTINGrON. NEW YORK 1 1'146:1 '1".411.ee.e CHAIRfVlAN. HCALTH ANO HWM.a.N SI'RVlceS COMMITTIlt" filIlEMl!II:M; L~Gj5L",;;...r Pl!R80NNfii:t. AND GOVli:.IitNMe...'T PAR...~. H!;':;~f;iAT.ON ANO CON8ERVATION Ii.l'iEi:H":'Y ".:-co EN"IMO~Me:r~T October 23, 1990 Valerie Scopav. Town planner Town of Southold 53095 Main Road Southold, New York 11971 Dear Ms. Scopav; This will confirm your conversation with my office on October 23, 1990. The Health and Human Services Committee will meet on November 7. 9;30 a.m. in the Legislative Auditorium, Hauppauge to discuss regular business. Our October 26th meeting is discussion on the 1991 proposed operating Budget and will not include regular business. You will be put on the agenda to discuss the matching funds for the Fisher Island Watershed study. Thank you for calling. I look forward to seeing you on the 7th. Sincerely, ~ Chairman AB/vw OCT 2. 5 \Gn,i II ,},.1...., " --:':f'-'~,.1i')'''?~"'~',~;..-...;;,._x",},~'~'~'':~:~~'~'<'~"ff~'!~!,,"~~:;;::'-:~':';:-""~7 '~'~'f'~~:~'"':"'----;~--;:>;~~~-'!!""'W;::~-"f..-'li':-' -~" :""":':::':-_.':""""""--'::<"~~':~~l:'T~ l?:kK'?~~ . rY'~~~~~~ '<(.0:.., ~-,v,' ~~/ /.s-~~ ~J..-,' ~-Vvt-~ &~Jh"S) ~-4(~ 0d~ ;W~~ ~A~ cr~L~ \ ~. ado r ~ .' tIf'~ W~ ~~,' h~~ /iI;t:-=#c ~9C;-S086 Ii 'I t(1'J-s-zl?f/ .' MEMORANDUM FROM: Scott Louis Harris, Supervisor Members of the Town Board Valerie Scopaz, Town Planner Js , TO: RE: County Funding of the Fishers Island Public Water Supply Study DATE: October 22, 1990 On October 17, 1990, I appeared before the Health and Human Services Committee of the Suffolk County Legislature on the Supervisor's behalf. The purpose of the meeting was to discuss a resolution before the Legislature to fund a portion of the total cost of the Fishers Island Public Water Study. The projected total cost is $60,000. Half of this sum has been pledged by the Fishers Island Conservancy and the Fishers Island Development Company. The resolution calls for the Suffolk County Legislature to match these private pledges with county monies. At the meeting, Allan Binder, Committee Chairman, wanted to know what amount of money the Town would be contributing outside of in-kind services of program accounting services. I told him I did not know the answer to that question. But, I pointed out that the residents of Fishers Island were paying for half of the cost of the study through private contributions. In response, he indicated that he did not think the County could justify paying for a portion of the study if the Town's government was not willing to contribute a portion of the financing itself. I asked for an opportunity for the Town to respond at a future meeting of the Committee. Mr. Binder agreed to discuss the matter further, and possibly to place the question on the agenda of either the October 24th or October 31st meeting of the Committee for further review. , ~ Direction from the Town Board is requested. Does the Town Board wish to pursue partial funding by the County of the Fishers Island Water Study? If the answer is "No", Mr. Binder should be notified that the Town does not wish to pursue the matter further. If the answer is "Yes", the Town should move quickly to ensure being placed on Committee's October 24th agenda. Also, it would be helpful to the Town's case if it could present written confirmation of the verbal pledges made by representatives of the Fishers Island Conservancy and the Development Company. One comment. Timing is of essence. The County money is being made available from the remaining funds in the 1990 bUdget. As you can well imagine, the competition for those funds is intense. My sense of the situation is that the Committee would be willing to contribute some monies (under the mantle of revenue sharing) for a portion of the $30,000.00 that the Town would otherwise be obligated to spend on its own. Also, if the Town decides to pursue the funding, Aldo Andreoli, the Director of the Environmental Services Division of the Suffolk County Department of Health Services, has agreed to a tentatively scheduled meeting between representatives of the Town and his department. The purpose of the meeting would be to clarify the Health Department's past and projected role in the study. Evidently, the April 1990 Hydrogeologic Report of Fishers Island was conducted with the knowledge and cooperation of some members of the County Health Department. At the Committee hearing, a statement was made to the effect that the Health Department had already expended $30,000 towards studying Fishers Island through this April 1990 report. When I asked for clarification, Mr. Andreoli agreed to attend a meeting to clear the confusion. " " '. .'. .':"t.__<...-.r\... f "4'.,./ ,:' ( J:'.~<~_C." C.... ,- COUNTY OF SUFFOLK (~l W ':_~--I:..-~/.,j( -','"_ .-.-< t , 'I;' . ,,' L 1,.__;>"1...' ,.- -( cA'Lt...... .- '-' I. . COUNTY LEGISLATURE ALLAN BINDER LEGISLATOR. 15TH DISTRICT 1789 E. JERICHO TURNPIKE HUNTINGTON, NEW YORK' 1743 (S 16) 499-5886 CHAIRMAN: HEALTH AND HUMAN SERVICES COMMITTEE MEMBER; LEGISLATIVE. PERSONNEL AND GOVERNMENT PARKS. RECREATION AND CONSERVATION ENERGY AND ENVIRONMENT _~-1 :V:Ii, " :~~~. "'...." -:- .'t'. '.\ ,.;_\:+.it . --- .......,.. October 11, 1990 Scott L. Harris, Supervisor Southold Town Hall 53095 Main Road Southold, New York 11971 Dear St~pr~~nctLris: Presently before the Health and Human Services Committee of the Legislature is IR #1909-90, a resolution appropriating funds for a water study at Fishers Island, sponsored by Legislator Caracciolo. The resolution discusses matching funds from the Fishers Island Development Company, Fishers Island Waterworks and Fishers Island Conservancy. Before approving this resolution the Health and Human Services Committee would like more information with regard to the matching funds and the exact intent of these bodies to provide the funds. I would very much appreciate it if you could appear and provide information to the Committee at its next meeting on Wednesday, October 17th at 9:30 a.m. in the Legislative ~\uditorium, IIauppauge. If you would like to discuss this matter, please feel free to contact me. Sincerely, lIIJ/vw cC: Legislator Caracciolo enc. , ~t, I~ t</~ - 'p~<~"",/S8tM', '. Intro. Res. No. 1909-90 Introduced by Legislator Caracciolo Laid on Table 9/25/90 RESOLUTION NO. - 1990, AMENDING THE 1990 CAPITAL S~DOET AND PROGRAM AND APPROPRIATING F~S IN CONNECTION WITH WATER STODY AT FISHER'S ISLAND (CAPITAL PROJECT NO. 8232) WHEREAS, the water supply on Fisher's Island appears to be threatened by on-going development; and 254 WHEREAS, resources study upon it; and WHEREAS, Fisher's Island Development Company; works; and Fisher's Island Conservancy are willing to for such a study; and the County Health Department is willing to undertake a water to determine the condition of said water supply and impacts Fisher'S ISland Water- donate matching funds WHEREAS, the County Legislature, by resolution of eVen date herewith, has authorized the issuance of $30,000 in Capital Notes for this purpose; now, therefore, be it RESOLVED, that the 1990 Capital Budget and Program are hereby amended as follows: PROJECT NO. PROJECT NAME: 8232 Fisher's Island Water Resources Study current 1990 Capital Budget & Proaram Revised 1990 Capital Budget & Proaram Total Est'd. ~ 3. Planning, Design and Supervision 6. Total $60,000 $ -0- $30,000 60,000 -0- 30,000 '\ ", PROJECT NO. PROJECT NAME: Equipment for ~/ALS \ 'Revised 1990 Capital Budget & Pro'cram $ 2\6,0000 1,929,,000B "'" $2,145,000 ", 3205 Purchase and. and Training "- Install~.Of Total Est'd. ~ Current 1990 Capital Budget & Proaram 5. Furni ture, ,and Equipment " " Total '" be it further '" $2, 75,000 $4,765,728 $ 216,0000 1,959,000B $4,765,72S 6. and RBSOLVED, that the proceeds of $30,000 of Capital Notes are hereby ap- propriated as follows: ~. Hsl. Proiect ~ Amount 8232 Fisher's Island Water Resources Study $30,000 and be it further RESOLVED, that the County Department of Health Services thorized, empowered and directed to enter into an appropriate implement Fisher's Island Water Resources Study upon receipt of contribution from Fisher's Island Development Company; Fisher's works; and Fisher's Island Conserv~ncy; and be it further is hereby au- agreement to the matching Island Water- - Intra. Res. No. 1909-90 ~ .. . ~ .~ RESOLVED, that the expenditure of the above-described r~~~..:. hereby conditioned upon the receipt of $30,000 in a matching cont~~~~t~Cft the .Fisber's Island Development Company; Fisher's Island Wat.rwo~~.: Fisher's Island Conservancy. .. Iroe .~ DATED: APPROVED BY: 25~ County Executive of Suffolk County Date of Approval: MEMORANDUM TO: Scott Louis Harris, Supervisor FROM: Valerie Scopaz, Town Planner RE: Fishers Island Public Water Supply Study DATE: September 18, 1990 As per your request, I have attached a complete packet of information documenting the need for the Fishers Island Public Water Supply Study. If additional technical information or documentation should be required by the County Legislature, they should be directed to contact either Arthur Kunz of the Suffolk County Planning Department or Vito Minei of the Suffolk County Department of Health Services. It would be appreciated if the Hydogeologic Report could be returned to the Town after the Legislature has reviewed it. If I can be of further assistance, please let me know. -- ------., ~ \'7 r\. ., !r'l ',. . FISHERS ISLAND CONSERVANCY, INC. . ;"-"t r:l 8 p. ~ I ., li~ :'":, I c_, ~ . ': : ,....;.-~.,,' - - '" ' N'T .., 0),), _ 1.."'1 BOX 553 FISHERS ISLAND, N.Y. 0,6390 '. ~ or. :10''';' ".-, T(f,.;':... > ,;;- ',',:. ..<. ',.$ , .... -_.....-.~,.~.........~"..,~-- September 6, 1990 '~ Scott Harris - Supervisor foun of Southold Town Hall, Main Road Southold, lJ. Y. 11971 Dear Scott: Regarding the Town's action infre the approval it gave in reauesting a county-sponsored study of the three Fishers Island surface-water reservoirs, I thought a oopy of the enclosed resolution would be of interest to both you and the entire Town Board. I have sent a copy to Tom ~ickham and also to Ray Edwards. Needless to say, any help the to\fn can give us, either financial or administrative, would be a great boon to us. If the Town could find;;10,OOO in its budget to speed the study along, it would be rlarvelous. I'rustee help lIould also be most beneficial. Thanks for your consideraGion and that of the Town Board. ~~Th~::~~:ident encls: c c: 'Eon ','Ii c!:harn Raymond EdHards NOTE - Scott, it is my understanding that the GElS study mentioned in the enclosed docUrlentation Hill be undertaken at the instigation and under tne auspices of, Suffolk County aumorities. The Conservancy is thus not asking for funds. It is simply stating its willingness~ to participate to a very substantial degree in an environmentally oriented Fishers Island project sponsored by Suffolk County authoritie JRTjr. PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 NEMORANDUM: TO: Members of the Town Board / valerie Scopaz, Town Planner v/ FRON: Ellen Latson, Councilwoman RE: Fishers Islands Water Supply Study Date: August 27, 1990 On August 14, 1990 the Southold Town Board passed a formal resolution authorizing the Suffolk County Planning Board and Suffolk County Water Authority to undertake an in-depth study of the Fishers Island water supply, specifically Barlow, Middle Farms, and Treasure ponds for the purpose of determining the sphere of influence around the watershed and of suggesting proper protective measures to ensure the water supply. The total anticipated cost of the project is $56,000 with administrative and technical services to be provided by in-house staff services by the Suffolk County Planning Department and the Suffolk County Department of Health Services. The Town of southold must put the project out to bid. The specs for the RFP (request for proposal) will be prepared by the Suffolk County Health Department and published by Judith Terry's office. John Cushman has indicated his office can handle billing. It is recommended that Bob Wall of the water district be appointed as the local project coordinator to verify completion of work etc. The Fishers Island Conservancy has indicated they can provide $10,000 in funds in 1990 and another $10,000 in 1991. The Sanger Fund can also commit $10,000 toward the study. None of this has been put in writing to date. An additional $26,000 must be appropriated over a two year period leaving $13,000 to be found in 1991 and 1992. Page 2 FI Water Supply Study Arthur Kunz of the Suffolk County Planning Commission is placing the request for study on the October agenda. The Town Board may want to formally contact the Conservancy, FIDCO and the Sanger Fund to confirm their financial commitment and appraise them of our progress to date. Encl. ,viEMORANDUM FROM: Tom Wickham, Chairman Planning And Zoning Committee Valerie Scopaz J~ Town Planner TO: RE: Fishers Island Public Water Supply: Proposed Watershed Analysis and Management Program DATE: August 2, 1990 Enclosed please find a copy of a letter that I received today from Arthur Kunz, Director of the Suffolk County Planning Department. The letter is a response to my letter of June 21st, in which I expressed the Town Board's interest in cooperating in an analysis of Fishers Island's public water supply watershed. The projected cost of the study is fifty thousand dollars ($50,000), of which Mr. Kunz is willing to contribute services that would amount to approximately seven thousand dollars ($7,000). He is also willing to provide administriative responsibility for conducting the study and preparing the final publication. I spoke with Arthur this to Fishers Island August 8th. response to his letter then. afternoon. He will be on the boat He indicated that he wanted a If you are in agreement, I am willing to arrange a meeting on Fishers Island on August 8th with Ken Edwards, of the Planning Board, Tom Dougherty of the Utility Company, John Thatcher, a representative of FIDCO, Judge Edwards, Arthur Kunz, Vito Minei, and yourself to discuss the particulars of this study before the Town Board's public meeting on the island. A meeting of this sort would serve two purposes. First, and most importantly, it would take advantage of the presence of all the key people in one place to discuss the issue. Second, it would be a highly relevant topic of discussion for the Town Board meeting given that it will be on the Island at the time. COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING July 27, 1990 Ms. Valerie Scopaz Town Planner Town of Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Dear Valerie: The enclosed information was received from the Department of Health Services and reviewed by Jim Bagg and myself. It is our opinion that the key to the study would be the test boring and monitoring well installations. If the funds for that can be raised, it would be possible to conduct such a study. The topographic mapping and drainage basin survey could be done by this office, along with the hydrogeologic mapping and publication of results. That could save some of the funds that are in the Health Department estimate. If this office is to conduct the study and to be responsible for the final publication, we would need approximately $5,000 to cover travel, expenses, preparation of base maps, copy material and the printing of the final report. If this overall approach appears reasonable, let me know and I will present it to the Planning Commission for authorization to do the study. .. Arthur H. Director AHK:pd Encl. (memo 7/20/90) . 'i "!', I\\lG - 2 \990 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L1., NEW YORK 1 I 788 (516) 3SQ-e I 92 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS., M.D.. M.P,H. CQMMIS.tQNIER From: Arthur Kunz, Director of Planning Vito Minei, P.E. ~ Ai, Supervisor, Office of Ecology (_....... c:~-:::. \ ,- ~-,' <.J'\ To: ..:;) -~ c;? .. (...,1,) --' Date: July 20,1990 Subject: Fishers Island Water Supply Watershed Study Valerie Scopaz, Town Planner for Southold called me yesterday as follow-up to the letter she sent you and me on June 21 in which she requested additional information on the projected scope, costs and time schedule for a possible study of the Fishers Island water supply watershed. At the meeting of June 13 with representatives of the Town, PIDCO, PI Water Works and the PI Conservancy, there was tentative agreement that preparation of a GEIS pursuant to SEQRA represents the best means of evaluating the existing and potential impacts on the water supply. Enclosed for your consideration is a suggested GEIS outline which follows closely the outline provided in the NYSDEC SEQRA Handbook for an EIS. In her letter, however, Ms. Scopaz indicated that the Town is opposed to assuming lead agency. Jim Bagg and I discussed the options and study needs at a meeting in my office on July 13 and in a subsequent brief phone conversation. If the Town maintains its position regarding lead agency, but still requests a study, an alternative means of satisfying the request would be to conduct an investigation similar to the one your staff undertook for the Accabonac Harbor Area Study. I have, therefore, enclosed a recommended outline which uses the Accabonac report outline as the model. In either approach, the report product would be a set of recommended watershed rules and regulations. After reviewing the available hydrogeological report for the island, the SCDHS position is that additional information should be gathered ~~~citficto the water supply watershed. Steven Cary has put together the enclosed cost\t~Jy&e.'foiaprivate consultant to 1. " ", ~ ~ ~ n',:' 2- 'I""" ,aile t'JU~ ftUO - COUNTY CENTER RIVERHEAD. N.Y. 11801 Memo to Arthur Kunz July 20,1990 Page 2 perform the identified work activities (e.g. well drilling, sample collection, etc.). The study should also be considered as an opportunity to gain additional insight on natural resources preservation needs directly related to the watershed. Louise Harrison has prepared the enclosed outline of natural resources work and cost estimate for a consultant, possibly a summer intern. We remain available to provide assistance for the study in a strictly oversight and guidance role. Assuming that the suggested work is carried out, our original estimate of two years to conduct the study and prepare the report still seems valid. Our understanding is that you will be responding to Ms. Scopaz with a formal cost estimate for your office to undertake the study if asked by the Town. Please include the enclosed information as appropriate with your response. VM/ta Enclosure cc: Aldo Andreoli, P.E. Joseph Baier, P.E. Steven Cary, P.E. Louise Harrison Jim Bagg July 19, 1990 '. Fishers Island Water Supply System Watershed Preliminary GElS Outline _Cover Sheet. Table of Contents and Summarv .Dp-9~riDtion of Action * Purpose, Objective, Need * Location . History/Background . Timing/Schedule . Relationship to applicable regulations and policies * Permits, approvals, hearings, etc. _Environmental Settina........ <'96111-'1 * Water Supply - surface water and groundwater quality and quantity, based on: _ existing information regarding geology, water quality and quantity, treatment/ distribution systems, etc. _ storrnwater runoff basin characterization (paved area, number of houses, etc.) including field investigations of overland and underdrain/subsurface tributary area _ additional boring and well drilling, sampling, and monitoring as needed to define hydrogeologic regime _ additional sampling data as needed to characterize groundwater and surface water quality * Land use, zoning, population, and other pertinent planning factors * Natural resources (terrestrial and aquatic wildlife and habitats, including wetlands, endangered species, etc.) _Sianificant Environmental Imoacts (based on existing and projected land use patterns) . Water quality - sto~water runoff (paved surfaces, vegetative clearing, fertilizers, etc.) - groundwater underflow (sanitary system effluent, fertilizer, etc.) - septic system failure (overflow) - swimming pool operations (filter backwash disposal, chemical storage) - heating oil storage - increased water demand - other potential impacts * Natural Resources (loss of habitat, fragmentation, etc.) * Other impacts (services, community character, etc.) _Unavoidable Adverse Imoacts -Irreversible and Irretrievable Commitments or Resources -Growth-Inducina Aspects -Use and Conservation of Enerav Resources _Mitiaation Measu~~ (Watershed Rules and Regulations) * density restrictions * setback requirements * clearing restrictions .. easements .. stormwater management plan * septic system management plan .. fertilizer controls * water supply monitoring * potential transfer of development rights . potential acquisition . other measures (e.g., swimming pool and fuel storage regulations) * designation of conditions which would trigger future site-specific EIS's _Alternative Scenarios (costs, benefits, risks) * Different regulations * No regulations _Appendices '. .July 19, 1990 Fishers Island Water Supply System Watershed Planning Analysis - Preliminary Outline . Introduction * Issues and Concerns * Existing Plans * General Study Area Boundary . Part I - Inventory and Analvsis * Water Supply - surface water and groundwater quality and quantity, based on: - existing information regarding geology, water quality and quantity, treatmentl distribution systems, etc. - sto~water runoff basin characterization (paved area, number of houses, etc.) including field investigations of overland and underdrain/subsurface tributary area - additional boring and well drilling, sampling, and monitoring as needed to define hydrogeologic regime - additional sampling data as needed to characterize groundwater and surface water quality * Land use, zoning, population, and other pertinent planning factors . Natural resources (terrestrial and aquatic wildlife and habitats, including wetlands, endangered species, etc.) . Part II - Findinas . Part III - Plannina R@commendations (Watershed Rules and Regulations) * density restrictions * setback requirements * clearing restrictions * easements · sto~water management plan * septic system management plan * fertilizer controls * water supply monitoring · potential transfer of development rights · potential acquisition · other measures (e.g., swimming pool and fuel storage regulations) ". COST ESTIMATE FOR FISHER'S ISLAND WATER SUPPLY/WATERSHED STUDY JULY 16, 1990 1. Test boring and monitor well installations (10 to 12 wells 20 to 60 feet deep, and 2 to 3 wells 80 to 100 feet deep) to include well development and hydrogeologic supervision. Estimated Cost: $30,000 2. Water sample collection (two rounds at 10 sites) and analysis. Estimated Cost: $6,000 3. Surveying of Monitoring Wells Estimated Cost: $1,000 4. Water level surveys and reservoir level response testing Estimated Cost: $3,000 / 5. Topographic mapping and drainage basin survey Estimated Cost: $2,000 6. Search for underdrain and subsurface tributary area to reservoir Estimated Cost: $3,000 7. Hydrogeologic mapping, analysis / and publication of results $5,000 Total Cost: $50,000 ~ COST ESTIMATE FOR FISHER'S ISLAND WATER SUPPLY/WATERSHEDSTUDY Natural Resources Component July 20,1990 A. Tasks 1. COl11pihllion of existing illfoll11ation relevwltto requircl1Iellls of <; NYCRR Purl 617 2. Pn:shwuler wetlands a. Conduct wetlund-hy-wetlmllJ inventory, using IIl'duled NYSDEC lIluJ>s i. wetland I'hllll sJ>ccies/plwll COllllllllllil ies ii. wetlwld benefits--willUifc, stOll11WalCr conlrol, recreation, fisheries, ueslhelics, elc. iii. 1110squito control prognu1\. iv. protection needs 3. Examination of Ihe following issues us they relate to designation of watershed protection areas: a. wildlife populations b. New York Natural Heritage Program elements (plants, animals, rare communities) c. Habitat fragmentation d. eu trophication and fisheries e. Introduction of alien species 4. Identification of areas of compounded natural significance (example: groundwater recharge areas that provide wildlife habitat, historic, recreational and scenic values) B. Requirements 1. Conduct field work during June, July, August 2. Live-trap small mammals, conduct bird censuses and interviews with local naturalists, inventory and sample wetland sites 3. Recommend a system of ecological reserves with landscape continuity that is representative of the ecosystems present on the island and that can be self-sustaining. Attention to the theory of island biogeography will be particularly important in evaluating the long-term viability of any proposed reserve areas. C. Costs - Estimate: $6,000.00 1. Salary/Stipend 2. Travel 3. Housing - . IvlEMORANDUM TO: Tom Wickham, Chairman, Planning & Zoning Committee Ellen Latson, Councilwoman FROM: Valerie Scopaz, Town Planner Vs Fishers Island Public Water Supply: Results of August 8, 1990, Meeting on Fishers Island. RE: DATE: August 9, 1990 At yesterday's public meeting on Fishers Island, the Town Board passed a resolution asking the County Health and Planning agencies for their assistance in preparing a generic study of the watersheds that contribute to Fishers Island's public water supply system. This step makes clear the Town's intent to go forward with this study; the purpose of which is to develop watershed rules and regulations to protect the water supply. However, there are two issues that remain by the Town Board at its August 14th meeting. involve financing and administration. to be addressed These issues Financing: Facts. First, neither the County Health Department nor the County Planning Department is able to undertake this study due to budget constraints. However, each department is offering to contribute technical, in-house staff services which would "reduce" the out-of-pocket expenses of the project to approximately $56,000. Arthur Kunz is willing to commit staff resources to do some of the technical work that would otherwise be done by the consultant provided his department can be reimbursed for the supplies. Second, while John Thatcher and Cherry Rafferty, each of the Fishers Island Conservancy, indicated that the Conservancy would contribute private funding to help finance this study, they did not make a firm committment about the amount or the timing of such a contribution. Third, while the County Health and Planning departments are ready to proceed, they cannot do so until the Town puts the funding into place. Action Needed: The Town Board has to decide how to finance this study over its projected two year completion framework (Fall 1990 through Fall 1992). The two year schedule includes putting the project out to bid and public review and comment on the final report. The Town Board should respond to the Conservancy's offer to contribute private funds. It might consider whether it wants to ask the Conservancy for a committment for a set amount of funding by a specified date. Further, the Board might consider creative ways in which the Conservancy could facilitate the study. For instance, the Natural Resources Inventory has been designed so that it could be conducted by a student intern for a minimal cost of $6,000. Perhaps the Conservancy could finance the internship and help arrange for inexpensive lodging for that intern for the duration of the inventory? Administration: There are two parts to this issue: financial administration and interdepartmental coordination. Financial Administration. First, the Town is being asked to handle the financial end of this study. In other words, would the Town take care of paying the bills and keeping the financial records in order? This would require the services and cooperation of John Cushman's office. Interdepartmental Coordination. In order to avoid confusion, duplication and oversights, it was agreed that the authority and responsibilities of each agency should be clearly defined. The Health Department has agreed to supervise the work of the consultants. Arthur Kunz, Director of the Suffolk County Planning Department, has agreed to assume responsibility for the overall administration of the study and the preparation of the final report. It seems that the County departments would like the Town to handle the bookkeeping. A suggestion was made that the Town Board authorize someone to be responsible for overseeing the study on the local level. That person would be responsible for facilitating communications between the Town (e.g. the Town Board, the Accounting Office (if Town agrees to handle financial details), the Fishers Island constituency), and the various interested parties, (e.g. the County agencies and the consultants). Summary of Decisions to be Made by Town Board: 1. What method will the Town use to finance the $56,000 cost of the study? 2. How does the Town wish to respond to Conservancy's offer of private funding? 3. Will Town handle the bookkeeping for the project? 4. Who should be designated as the local project coordinator? I have attached a copy of the meeting attendance list for your information. If I can be of further assistance to the Town Board, please let me know. " , ~,f!/)9fO,.,,j~~ ~lUakslu..l~ 'm___n~ ~~ _ ~ ~l~. .,_SLDthS tJff'f-f.c9jn~;;; /df~)~~,..., _,_~_&~---(c/ hJ~~_n___n,..._-r:~"~.~_..,:,,,~_,. It #;w ,e"l1z-'nm____n ~ c __fI9~~_ ~ I ) I R lei ((,v'C, i i r _ ( CJ ~M J~H;e1!J~~~,~==~__n~-~:b_t;oL~o/~l]. t-^^ > i ~"6~----~~~cJ~CLc.y- < . ;fIWu...e._____1k~_n_~_fi_.~/L/) Jf-I/;<I/f/'N 6- ;g"'f'/i!t> Irc~/'?je 7.( L. ,EJ"u"!"-.l; ___un " ,.u__"n_, " <{'/I.- y~ f~~~_,__ ___un_un I 11~cr_'-Jj3 S-V~-:30'O /'h"'-:' / J? r:J' / 1 (,S -I '7'~E" JCo -5/.9/ 510 - 7%'-781'3, S/~- 7i;'- 7ZS1 :J! {, - /~ - '"1 if 2, ~:~ Jf;~ 7 '" 9 - 7/~.~' 7(..J--(fjy JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD AT FISHERS ISLAND ON AUGUST 8, 1990: RESOLVED that the Town Board of the Town of Southold hereby formally requests the Suffolk County Department of Planning and the Suffolk County Department of Health Services to prepare a Generic Environmental Impact Statement on the three reservoir watersheds on Fishers Island: Barlow Pond, Middle Farms Pond, and Treasure Island Pond. .\ f>ljG \ '3 \99D ~'~~ ..? ~......::!,.f.!jJ . udith T. Ter y Southold Town Cler August 9, 1990 ~. iYiEMORANDUM TO: Tom Wickham, Chairman Planning And Zoning Committee FROM: Valerie Scopaz J~ Town Planner RE: Fishers Island Public Water Supply: Proposed Watershed Analysis and Management Program DATE: August 2, 1990 Enclosed please find a copy of a letter that I received tOday from Arthur Kunz, Director of the Suffolk County Planning Department. The letter is a response to my letter of June 21st, in which I expressed the Town Board's interest in cooperating in an analysis of Fishers Island's public water supply watershed. The projected cost of the study is fifty thousand dollars ($50,000), of which Mr. Kunz is willing to contribute services that would amount to approximately seven thousand dollars ($7,000). He is also willing to provide administriative responsibility for conducting the study and preparing the final publication. I spoke with Arthur this to Fishers Island August 8th. response to his letter then. afternoon. He will be on the boat He indicated that he wanted a If you are in agreement, I am willing to arrange a meeting on Fishers Island on August 8th with Ken Edwards, of the Planning Board, Tom Dougherty of the Utility Company, John Thatcher, a representative of FIDCO, JUdge Edwards, Arthur Kunz, Vito Minei, and yourself to discuss the particulars of this study before the Town Board's public meeting on the island. A meeting of this sort would serve two purposes. First, and most importantly, it would take advantage of the presence of all the key people in one place to discuss the issue. Second, it would be a highly relevant topic of discussion for the Town Board meeting given that it will be on the Island at the time. ,-......<..;.:" .,,#o-...-<~ __""'''''~: ...:: ''-" COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING July 27, 1990 Ms. Valerie Scopaz Town Planner Town of Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Dear Valerie: The enclosed information was received from the Department of Health Services and reviewed by Jim Bagg and myself. It is our opinion that the key to the study would be the test boring and monitoring well installations. If the funds for that can be raised, it would be possible to conduct such a study. The topographic mapping and drainage basin survey could be done by this office, along with the hydrogeologic mapping and publication of results. That could save some of the funds that are in the Health Department estimate. If this office is to conduct the study and to be responsible for the final publication, we would need approximately $5,000 to cover travel, expenses, preparation of base maps, copy material and the printing of the final report. If this overall approach appears reasonable, let me know and I will present it to the Planning Commission for authorization to do the study. r truly, Arthur H. unz ~ Director AHK:pd Encl. (memo 7/20/90) .-"..~,-~~'""-:":. -"-,.,. ., , '-l \ l.!.:~ -' ~'!I ~_i 3 -:~~..,,~,.. --.-.".... --, ,I -:.: \ . \:~ -j:;', I' \U;}i " L ~l VETERANS MEMORIAL HIGHWAY HAUPPAUGE. Lt. NEW YORK I 1788 (1516) 360-l5' 92 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.. M.D.. M.P.H. COMMI5!tQNER c.- From: Arthur Kunz, Director of Planning Vito Minei, P.E. pAt Supervisor, Office of Ecology c";::' r~"~ r-? u' To: ';) o .' c...,...) --' Date: July 20,1990 Subject: Fishers Island Water Supply Watershed Study Valerie Scopaz, Town Planner for Southold called me yesterday as follow-up to the lener she sent you and me on June 21 in which she requested additional information on the projected scope, costs and time schedule for a possible study of the Fishers Island water supply watershed. At the meeting of June 13 with representatives of the Town, FIDCO, FI Water Works and the FI Conservancy, there was tentative agreement that preparation of a GEIS pursuant to SEQRA represents the best means of evaluating the existing and potential impacts on the water supply. Enclosed for your consideration is a suggested GEIS outline which follows closely the outline provided in the NYSDEC SEQRA Handbook for an EIS. In her lener, however, Ms. Scopaz indicated that the Town is opposed to assuming lead agency. Jim Bagg and I discussed the options and study needs at a meeting in my office on July 13 and in a subsequent brief phone conversation. If the Town maintains its position regarding lead agency, but still requests a study, an alternative means of satisfying the request would be to conduct an investigation similar to the one your staff undertook for the Accabonac Harbor Area Study. I have, therefore, enclosed a recommended outline which uses the Accabonac report outline as the model. In either approach, the report product would be a set of recommended watershed rules and regulations. After reviewing the available hydrogeological repon for the island, the SCDHS position is that additional information should be gathered t?ar~:s~ciryc.to the water supply watershed. Steven Cary has put together the enclosed cost'1~tlm 'ate,. for a private consultant to , "11 ~ r ') . ( \ Ii '\:'~ - ' IUlJ.: ;'.,\. . i L-~, I ' I , COUNTY CENTER RIVERHEAD. N.Y. "tK)1 . ,~"''''''''''''-'-' . Memo to Arthur Kunz July 20, 1990 Page 2 perform the identified work activities (e.g. well drilling, sample collection, etc.). The study should also be considered as an opportUnity to gain additional insight on natural resources preservation needs directly related to the watershed. Louise Harrison has prepared the enclosed outline of natural resources work and cost estimate for a consultant, possibly a summer intern. We remain available to provide assistance for the study in a strictly oversight and guidance role. Assuming that the suggested worl<: is carried out, our original estimate of two years to conduct the study and prepare the report still seems valid. Our understanding is that you will be responding to Ms. Scopaz with a formal cost estimate for your office to undertake the study if asked by the Town. Please include the enclosed information as appropriate with your response. VMjta Enclosure cc: Aldo Andreoli, P.E. Joseph Baier, P.E. Steven Cary, P.E. Louise Harrison Jim Bagg .July 19, 1990 Fishers Island Water Supply System Watershed Planning Analysis - Preliminary Outline . Intrndu~tinn * Issues and Concerns * Existing Plans * General Study Area Boundary . Part I - Invp.ntorv and Analvsis * Water Supply - surface water and groundwater quality and quantity, based on: - existing info~ation regarding geology, water quality and quantity, treatment/ distribution systems, etc. - stormwater runoff basin characterization (paved area, number of houses, etc.) including field investigations of overland and underdrain/subsurface tributary area - additional boring and well drilling, sampling, and monitoring as needed to define hydrogeologic regime - additional sampling data as needed to characterize groundwater and surface water quality * Land use, zoning, population, and other pertinent planning factors * Natural resources' (terrestrial and aquatic wildlife and habitats, including wetlands, endangered species, etc.) . Part II - Findinas . Part III - Plannina Recommendations (Watershed Rules and Regulations) . density restrictions . setback requirements · clearing restrictions . easements . sto~water management plan · septic system management plan · fertilizer controls * water supply monitoring · potential transfer of development rights . potential acquisition * other measures (e.g., swimming pool and fuel storage regulations) July 19, 1990 Fishers Island Water Supply System Watershed Preliminary GElS Outline _Cover Sheet. Table of Con~ents and Summarv -Description of Action * Purpose, Objective, Need * Location . History/Background . Timing/Schedule * Relationship to applicable regulations and policies * Permits, approvals, hearings, etc. _Environmental Settina........-. <9ul.,'1 * Water Supply - surface water and groundwater quality and quantity, based on: - existing information regarding geology, water quality and quantity, treatment/ distribution systems, etc. _ stormwater runoff basin characterization (paved area, number of houses, etc.) including field investigations of overland and underdrain/subsurface tributary area _ additional boring and well drilling, sampling, and monitoring as needed to define hydrogeologic regime - additional sampling data as needed to characterize groundwater and surface water quality * Land use, zoning, population, and other pertinent planning factors * Natural resources (terrestrial and aquatic wildlife and habitats, including wetlands, endangered species, etc.) eSianificant Environmental Imoacts (based on existing and projected land use patterns) * Water quality - stor.mwater runoff (paved surfaces, vegetative clearing, fertilizers, etc.) - groundwater underflow (sanitary system effluent, fertilizer, etc.) - septic system failure (overflow) - swimming pool operations (filter backwash disposal, chemical storage) - heating oil storage - increased water demand - other potential impacts * Natural Resources (loss of habitat, fragmentation, etc.) * Other impacts (services, community character, etc.) -Unavoidable Adverse Imoacts _Irreversible and Irretrievable Commitments or Resources -Growth-Inducina Asoects -Use and Conservation of Enerav Resources eMitiaation Measur~ (Watershed Rules and Regulations) * density restrictions * setback requirements * clearing restrictions * easements * stor.mwater management plan * septic system management plan * fertilizer controls * water supply monitoring * potential transfer of development rights * potential acquisition * other measures (e.g., swimming pool and fuel storage regulations) * designation of conditions which would trigger future site-specific EIS's -Alternative Scenarios (costs, benefits, risks) * Different regulations * No regulations -Aooendic@s COST ESTIMATE FOR FISHER'S ISLAND WATER SUPPLY/WATERSHED STUDY JULY 16, 1990 1. Test boring and monitor well installations (10 to 12 wells 20 to 60 feet deep, and 2 to 3 wells 80 to 100 feet deep) to include well development and hydrogeologic supervision. Estimated Cost: $30,000 2. Water sample collection (two rounds at 10 sites) and analysis. Estimated Cost: $6,000 3. Surveying of Monitoring Wells Estimated Cost: $1,000 4. Water level surveys and reservoir level response testing Estimated Cost: $3,000 ,/ 5. Topographic mapping basin survey Estimated Cost: and drainage " $2,000 6. Search for underdrain and subsurface tributary area to reservoir Estimated Cost: $3,000 7. Hydrogeologic mapping, analysis and publication of results $5,000 / Total Cost: $50,000 {q I717D I ~ $""(,/ ~ - '7 I rTIl7J s;:/ I cnro COST ESTIMATE FOR FISHER'S ISLAND WATER SUPPLY/WATERSHED STUDY Natural Resources Component July 20,1990 A. Tusks I. Compihllion of exist ing illrollllation relevant to requu"clIlcnts of G NYCRR rurt GI 7 2. I'nlshwuler wel1unlls a. Conduct wrlland-by-welland inventory, using updated NYSUEC nHlps i. wetland I'lmll spccies/plwlI COlll1llllllilies ii. weLland l>encfits--willUife, stolll1Waler conlflll, recreation, fisheries, aesthetics, etc. Hi. mosquito control prognun. iv. protection needs 3. Examinalion of the followUlg issues as they rehlle to designation of watershed protection areas: a. wildlife populations b. New York Natural Heritage Program elements (plants, aniJnals, rare communities) c. Habitat fragmentation d. eutrophication and fisheries e. Introduction of alien species 4. Identification of areas of compounded natural significance (example: groundwater recharge areas that provide wildlife habitat, historic, recreational and scenic values) B. Requirements 1. Conduct field work during June, July, August 2. Live-trap small mar11Cllals, conduct bird censuses and interviews with local naturalists, inventory and sample wetland sites 3. Recommend a system of ecological reserves with landscape continuity that is representative of the ecosystems present on the island and that can be self-sustaming. Attention to the theory of island biogeography will be particularly iJnportant in evaluatmg the long-term viability of any proposed reserve areas. C. Costs - EstiJnate: $6,000.00 1. Salary/Stipend 2. Travel 3. Housmg --- VALERIE seop AZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 TELEPHONE (516) 765-1938 June 21, 1990 Vito Minei, P.E., Supervisor Office of Ecology County Center Riverhead, New York 11901 Re: Fishers Island: Public Water Supply Study Dear Mr. Minei, On June 19, 1990, the Town Board discussed your request for Town assistance as set forth in your letter of May 18th and as expressed at your meeting of June 13th. The Town Board remains opposed to the suggestion that it should assume the position of lead agency. However, it agreed to provide to the County Planning and Health departments all available technical and planning information on Fishers Island. This morning, John H. Thatcher, Jr. of the Fishers Island Conservancy informed me that he has sent you, under separate cover, a copy of the "Hydrogeologic Report" of April 1990" by Ground Water, Inc. He also sent a copy of this report to Arthur Kunz. Enclosed please find a copy of The Trust for Public Land's 1987 Report on Fishers Island. This report is the most comprehensive compendium of planning-type information about Fishers Island that is available at this time. The report includes reduced copies of the original maps that accompanied this report. The original maps could not be included because the Town does not own them. They are the property of the Fishers Island Civic Association and the Fishers Island Development Corporation. If you feel that these maps would be necessary for your study, it may be possible to arrange \ for copies to be made. Other resources that are available from the Planning Board office are black and white aerial photographs of Fishers Island from February 1988 at the one inch equals two hundred inch scale. Since the negatives for these prints were shot at the one inch equals one hundred inch scale, prints can be obtained at that scale or larger. We also have tax map mylars of Fishers Island at the one inch equals two hundred inch scale. And, finally, Bob Villa suggested that Joe Baier of your agency's Division of Environmental Health may be able to be of assistance. After reviewing the Hydrogeologic Report and the Trust for Public Land report, please send a written list of additional information needs. and a revised estimate of study costs. Indicate in your letter the probable time frame for completion and the projected scope of the report. This correspondence should be sent directly to the Town Board in the care of Supervisor Harris. If there are further questions or concerns, please do not hesitate to call me. ~ Yours, Valerie SC~ Town Planner VS/vs Ene. cc: Southold Town Board Southold Town Planning Board Victor Lessard, Principal Building Thomas F. Doherty, Jr., President, William Ridgeway, Jr., John H. Thatcher, Jr., Arthur Kunz, Director, Fishers Fishers Suffolk Inspector Fishers Island Utility Co. Island Development Co. Island Conservancy County Planning Dept. , - . . ,r*' ~ [ r [ r [ r. r [ l [ L l l l [ [ . L r L. _' r :;. -, FISHERS ISLAND ;1.","1: . .......\,. ;"," ':. ,', '. 1987',.'."" . . -..' ~~--=-~ - = .. THE TRUST FOR PUBLIC LAND 1 I f f ~ . 1 f I I 1 i i ~ I i L I . "-. ] '- I J t I 1 I I L / .... FISHERS ISlAND 1987 Prepared for the Fishers Island Civic Association and the Fishers Island Development Corporation ._,"'W! 1. ......... 111l' _.r. .,.., !Q .. .. In'..qr ,,:i ,~~~t( . j, it ~-~~i } ~ ...--.-..,................,,--,.... ' ~fo~,',.,: C,,;," :"l',? ", ." -. ;~. ';: ~!\ ,--,._....~_.~~_.... "",'...."...-....,...- " by The Trust for Public Land June 1987 I c . .I f r 1 ~ f i r ! 1 t . i ! } i 'i_. j , L L TABLE OF CONTENTS I. II. I II. IV. V. INTRODUCTION CONTEXT THE TOWN OF SOUTH OLD MASTER PLAN EXISTING CONDITIDNS A. POPULATION B. HOUSING C. ZONING L Current Zon i ng 2. Proposed Zoning D. DEVELOPMENT E. FUTURE GROWTH PROJECTIONS F.INFRASTRUCTURE 1. Transportation a. Ferry b. Airport 2. Water Supply 3. Wastewater Facilities 4. Solid Waste 5. Electric System 6. Telephone System 7. School District 8. Fire District G. NATURAL ENVIRONMENT 1. Geology/Soi 1s 2. Landscape Features a. Beaches, Dunes and Bluffs b. Tidal Wetlands c. Freshwater Wetlands d. Upland Vegetation 3. Wildlife 4. Environmental Regulations a. Tidal Wetlands b. Freshwater Wetlands c. Flood Hazard Areas d. Coastal Erosion Hazard Areas 5. Open Space Preservation a. Environmental Regulations b. Private Initiatives CONCLUSION AND RECOMMENDATIONS A. Population B. Housing and Future Development C. Infrastructure D. Environment . E. Recommendations 1. Fishers Island Growth Committee 2. Not-for-Profit Housing Corporation 3. Fishers Island Conservation Committee 4. Site Development Guidelines 5. Private Land Preservation Initiatives a. Fishers Island Museu~ Land Trust b. FIOCO c. Civic Association,and 6. Infrastructure Studies .~. , 1 2 4 8 8 10 14 14 14 18 25 26 26 26 28 29 32 33 36 36 39 39 41 45 46 46 46 48 49 51 54 54 54 55 57 61 61 61 64 64 64 65 65 66 66 66 66 67 67 67 68 Conservancy 6S -----63 r ~ , , . s f f r f f J I I I 1 l L This report was compiled and written by Elizabeth Byers and edited by Rose Harvey of The Trust for Public Land, Bradford Burnham of the Fishers Island Civic Association and William Ridgeway, Jr. of FIDCO."- The maps were prepared by Elizabeth Byers. The Trust for Public Land (TPL) is a national nonprofit land conservation organization that works with public agencies and nonprofits to acquire and preserve open space. Since its founding in 1973, TPL has protected 346,000 acres of scenic, recreational, urban, rural and wilderness land in 29 states and Canada. TPL's Land Trust Program works with community groups and land trusts to preserve open space resources in their communities. To date, over 80 local land trusts have been assisted by TPL, which now protect more than 20,000 acres. TPL's Northeast Regional Office is located in New York City at 666 Broadway, 10012, (212) 677-7171. I L ,. I . . I f r ) f I f t. 1 i j I I , , 1 , L j - t l L L L L I !. LIST OF TABLES 1. Population and Housing, 1960-1986 9 2. New Owelling Units, 1960-1986 11 3. Housing and land Sales, 1977-1987 12 4. land Value Appreciation, 1977-1987 13 5. Number of Existing lots by land Use and Ownership, 1986 20 6. Subdivision Potential. 21 7. Ferry District Annual Volumes, 1974-1986 27 8. Annual Average Daily Rate of Water Use, 1960-1986 31 9. Electric System--KwH Consumption, 1978-1986 37 10. Telephone System--lines in Service, 1975-1987 38 11. Fishers Island School District Enrollment, 1972-1987 40 12. Wildlife Habitats 52 13. General Soil Characteristics- 69 LIST OF FIGURES 1. Fishers Island Area Boundaries 2. Fishers Island land Use Plan 3. Building Zone Map--West End 4. Proposed Zoning Map--West End 5. land Use/Ownership/Subdivision Potential--West End 6. Land Use/Ownership--East End (1) 7. land Use/Ownership--East End (2) 8. Natural Resources--West End 9. Natural Resources--East End-rr) 10. Natural Resources--East End (2) 11. Coastal Plant Community Cross Section 12. Regulated Coastal Zones--West End 13. Regulated Coastal Zones--East End-rt) 14. Regulated Coastal Zones--East End (2) 15. Soil Series Map--West End 16. Soil Series Map--East End 3 7 16 17 22 23 24 42 43 44 50 58 59 60 71 72 ,,--,...;:~:., - ., i . i f f J f I f f j 1_ 1 ; L l j . C I L l_ . VI. APPENDICES 69 A. Soil Characteristics, Limitations and Maps 69 B. Tidal Wetlands Permit Requirements 74 C. NYSDEC Freshwater Wetlands Definition 76 D. Environmental Regulations Enforcement Information 78 VII. REFERENCES ----79 A. Reference Publications 79 B. Reference Maps 80 C. Resource Persons ,81 ~~ , , .1 I r r r f r I r 1. I , I L I '.. I ~ I. INTRODUCTION In response to residents' concern with future development on Fishers Island, the Fishers Island Civic Association contracted with the Trust for Public Land in 1984 to compile the original information in this report. This 1987 study serves as an update and re-examines the current state of development, past rates of change and the potential for new development based on the proposed zoning, as well as the Island's present infrastructure and its capacity to accommodate future development. Natural resource information is also incorporated'into the study since residents are particularly concerned that the Island maintain its unique natural character. This original study was prompted in part by the formation of the Town of Southold Master Plan. Fishers Island is a hamlet in the Town of Southold, but its geographic separation has created its own set of needs. The Town adopted the new Master Plan in December 1985, but as of June 1987, the new zoning ordinance, which would serve to implement the Master Plan, had not been adopted. This study extracts and compiles all relevant sections of the Master Plan Background Study prepared in 1984, but also provides additional background information. This report includes a series of maps depicting land use, ownership, and natural resources information. These maps have also been prepared at a larger scale of I" = 400' and are available for review at the Civic Association. In 1984, the Civic Association requested mapping for only the West End. The Fishers Island Development Corporation (FIDCO) is jointly sponsoring this update and has requested that the maps include the whole Island since the West End and East End are recognized to be interdependent. *-----~-:~. ~ .- j I i ! . I . ,. ! . r , 1 1 . . t ! ! , . ~ j ; f 1 , . l . II. CONTEXT Fishers Island extends approximately 7 miles southwest to northeast and averages three quarters of a mile in width, for a total of about 5 square miles (3,200 acres; see Figure 1). The Island lies about 12 miles off Long Island and 4 miles south of Connecticut, and is accessible only by plane or boat. Native Ameri~ans initially inhabited Fishers Island. Arriving in the 17th century, English settlers used the Island primarily for agriculture and grazing. Due to its strategic location in the Long Island Sound, the U.S. government purchased 261 acres on the southwest end of the Island in 1898 to establish a defense fortification. In 1902, this area became Fort Wright, established to protect New London's submarine production. During the first and second World Wars, Fort Wright drew a large number of residents to the Island, raising its population to over 2,000. In the 1950's, however, much of the Fort was abandoned and sold. At present, the 67 acre Naval Facility is the only remaining federal government landholding. The original Fort Wright area is now owned by the Town of Southold, the Union Free School District, the Ferry District and private individuals. Today, Fishers Island is primarily a summer resort community; of the current 464 residential units (89% are single family dwellings), an estimated 73% are used seasonally. The current year-round population is approximately 285, but between the months of May and October, the summer resident population is estimated to reach almost 2,000 (see Population section for an explanation of population figures). Houseguests, extended family and additional visitors increase this summer population significantly; some residents estimate that these additional people almost double the summer population. The Island is unique in resort communities in that there is virtually no tourism. It is a residential community in which the vast majority of residents own property. Commercial uses on the Island are limited to the West End and are clustered in only a few locations (see Figure 5). The Pequot Inn is the only facility for visitors, accommodating 24 people in 12 units. Fishers Island provides abundant recreational opportunities, especially swimming, fishing, boating, tennis and golfing; the latter two at private clubs. The Island has two private clubs and one yacht club. Fishers Island is governed by the Southold Town Council and by law, one representative on the Council must live on Fishers Island. A Fishers Island representative also serves on the Zoning Board and Planning Board. The elected commissioners of the School District and Ferry District must be Fis~ers Island resident? FIDCO, formed in the thirties, controls and manages all non-privately held land east of the Gate House (referred to as the East End; approximately two- thirds of the Island). Subdivision and residential development on this part of the Island was originally planned by the Olmstead Brothers Company in 1926. FIDCO maintains the park-like quality of the Olmstead design by site and design review of each proposed residence, and restrictions on further subdivision. FIDCO owns approximately 240 undeveloped acres on the East End, as well as all of the land used by the Fishers Island Country Club. FIDCO maintains the roads on the East End,'where access is restricted. On the West End of the Island, the Town of Southold owns and maintains the pUblic roads. 2 ,--- ,............ ('....-. ,.....-... ,"........,"" _'''''''i -...... .-- ,.11........., .....'~ .,..-..., ............><1 .-........1 ,. {.. I s 11 E II s I s I- A N /J s o u N D wrCOl"(SSEl I co " ^, "OIlT'. OUU"tINC '--.1 Ill'''' "OUH, .. , 11'\ I~;'"'tj~ 0- / .P~". \ t~'" ,: .j , \ "Nt IS. 0 o O~~~II,~C r:> *Qrl.U HAul,lOCIl ()WIUCIlI. ,,> N(',,~ I/.J/ ~.," \-~ ('~~~ ~ ::-:, \j J..,:;.. . ::Jj, \~'"'' n~ j, (";:'~iJ : '?',',: ;\ \~\S ;V!}1'f)"" """ ", ; '~ / 7 ,:.:,:, c;"'?'~,;:;"" > '\0, fj :,.~".""""""" // "". ~y-=- / lVoI,I.."...r, ------ , ,.------- ,~ 5 o lJ tl v "TI lO c: ., '" ~ t' \1 f\ \, s \ - Lioun,JMY: 1oI1",t b'j ~ [.lst End ',r_H. u~rt "r~..';.'ni=" '" ~':a..:"c-,' \"'<.,0::- """";UNNf.CTICUT I RIIUI)E}j~ . I I5UNI> .~/7f" '" ....1J.. , ftJ.J",Y.-L \.: ". A....p.,. ~~~" ~ fl.. ..............:' O';,,,',l........I..,,-. ~ ~ . .... ~......\~~l<h.MI ...... " ~ ....." .... III_I ",.,,,, C!.a,oc;.., ..t"'~. /&<n...... ,....." \ . I.. y.,.:.:....., .::,......Ol..(..~' ~::.:'~;:. [3;. v ~ ..._...,.. " r' fi:JVl......r/./ ./ 'o""/'~''''o ,I Tf.A,\rI" fll'f.".I.V d_f j\',\,. t FISHERS ISLAND surrOIK COUNTY, N, Y. G o LEGEND ..!', II I. A': "Ufh~. 'n~d~ O"I'oJl" Or> "Hllry: furl 'Ar ;r;'lt S('pt ic Syst(':!l Area .- i ~ . ! T I f f . r f J { t I f L j I f L l r -I '- L L I III. THE TOWN OF SOUTHOLD MASTER PLAN The Town of Southold adopted its new Master Plan in December 1985 after extensive public review. Although the Master Plan represents Southold's plan for future development, the Town is not obligated to enforce the Plan's policies unless it adopts ordinances which are in conformance with the Plan. Adoption of the zoning ordinance is still pending. The Master Plan Update Summary, published in April 1985, outlines the goals and land use'proposals of the Master Plan. The Plan addresses residential and economic development, the natural environment, community services and facilities, and transportation systems. The following policies, excerpted from the Master Plan Update, summarize the Plan's objectives for preserving and enhancing the Town's natural and built environments. Housinq: Preserve the existing housing stock and provide the opportunity for the development of a variety of housing types. Economic Development: Strengthen and diversify the Town's economic base...and year-round and seasonal employment opportunities. Waterfront: Protect environmentally sensitive coastal areas, maximize pUblic access to the waterfront and achieve economic benefits from water-enhanced and water-dependent activities. Aqricultural Preservation: Preserve Southold's prime farmland and encourage the continuation and diversification of agriculture. Environment: Preserve and enhance the Town's...waterways, wetlands, tidal marshes, woodlands, bluffs, dunes and beaches. Maintain and protect Southold's pastoral and open qualities. Ensure an adequate quantity of high quality ground water... and maintain and improve surface water quality. Promote a development pattern that is responsive to sensitive areas exhibiting prime agricultural soils, poor drainage, high water tahle, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and woodlands. --~-_=:~~ . Ma~M{ain and protect finfishing and shellfishing habitats. Cultural Environment: Preserve the Town's historic, cultural, architectural and archaeological resources. Preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town. " Community FaCilities/Utilities: Ensure the provision of an adequate range of comlnunity facilities and services. Maintain and improve existing utility systems and determine where it is appropriate to expand water~supply, sanitary 4 , , .j i r I . I I f J r ~ f ~ , ! I { ! I , ; f. l L sewer, storm drainage and solid waste disposal systems in order to support the desired level of development and to maintain and protect a healthful living environment, a viable economic base and the natural environment. Provide an open space and recreation system adequate in size and location to accommodate a range of facilities to serve the total (seasonal and year-round) population. Transportation: Insure efficient movement of people and goods within, as well as into and out of Town, in a manner that maximizes safety and maintains the scale and integrity of residential and agricultural areas. - As part of the Master Plan, the Town adopted a Land Use Map (see Figure 2) which recommends land uses for all land areas within the Town. The proposed zoning conforms to these land use recommendations. The land uses recommended are based on "the characteristics and scale of existing development, characteristics of the land, quantity and quality of the land, past and anticipated trends, quantity and quality of subsurface water, and capacity of existing service and their potential for expansion". The following is an explanation of the Master Plan land use categories (only those applicable to Fishers Island are described). Low Density Residential: This one unit per two acre or one unit per three acre designation is recommended in coastal environmentally sensitive areas. Parts of the West End of Fishers Island are designated for a one unit per two acre zone, and all of the East End has a one unit per three acre designation. Development should only be permitted on non- environmentally sensitive lands. Hamlet Commercial: In these central areas, retail uses predominate but some office, public, semi-public and residential uses are permitted. General Commercial: This category includes those commercial activities not appropriate in the center business area such as auto oriented business, wholesale and distribution business, contractor yards and other heavy commercial activity. Marine Commercial: This includes areas for commercial marine activity includin~ marinas and boat yards with boat building, mooring facilitles for recreational and/or commercial boats, mariculture operations, fish processing facilities or ferry terminals. These uses are encouraged on sites which front on the bays and which will not negatively impact residential neighborhoods and valuable natural environments. Recreation: This category consists of: a) publicly owned parks and beaches b) privately owned recreation facilities such as beaches, golf clubs and yacht clubs 5 j . ; f . j f I f f ! f 1 i . I f . ~. j L 1 ! L i I L c) proposed park facility sites; the Plan encourages the development of active and passive recreational areas which provide access to the waterfront. Open Space: Areas with this designation are existing preserves, and sensitive environmental features such as dunes, bluffs, beaches and wetlands that should remain as open space. Public/Semi-Public Facilities: On Fishers Island, the school, landfill, library, museum, governmental buildings and churches have been placed in this category. Transportation/Utilities: On Fishers Island, a Utility Company property, the Water Works properties on Barlow Pond and Chocomont Hill, and the airport have been placed in this category. '-0';--=5; _ -~- " 6 /.----- , ."-~.- 4_.. ,............. ""........-.,. .....-... - -~, - _. I -, , / 8100 Island S"IJnd -..J LAND USE PLAN ~ (Q) llJJ lr rriJ ([:j) [1, ITJ) NEW YORK 'II'(! Ii \V/IV/ li,n (g)[;: SUFFOLK COUNTY TOWII OF SOUTHOLD PLANNING BOARD r.AYI.1Qrlf). ~V.f'Il~H, pUlE 8. WEINER, INC. -P\...AtltlING AND COMMUNITY DEVELOPMENT CONSULTANTS TAl'flYlrJ'.Ntl. tH~w 'tORK c:::::J [::'::\.':\:\1 CD IT:] IT] ClJ mti'd ~':~~'ltK~ ~ iIliiii Agricullual Conservation Residential Low Density Residenlial Low Density B Residential Low Density C Residential Low Density D Resort/Residential A Resort/Residential B Residential/Office Hamlet Busines.s General Business o _')l1lO 4100 ._ ~' l~ 'rlf " I!!IIII BB WllllJ ~ f!f/r:<{@ffii.i = ~ ~."" Li:iiJ I'~%'fl ... ,'..- ~.,~ . . . -- .., ~. \Q C ., III N Marine Recreation Morine Business Lighl Industrial/Office Pork Light Industrial T ronsportotion/Utilities Recreation Open Space Public/Sern- Public Proposed Rood Proposed Rood Improvement f i f f f f f r i i , f 1 . L l J L J j l I L IV. EXISTING CONDITIONS A. POPULATION Based on 1980 census figures and the increase in houses built over the past six years, the current estimated 1987 year-round population of Fishers Island is 285. Although seasonal resident population has been increasing through the years, the year-round population has been steadily decreasing; 10% since 1980, 38% since 1970 and 44% since 1960 (see Table 1). The past and current seasonal population is very difficult to estimate due to the lack of accurate records documenting the number of people who visit the Island during the summer. To estimate the num~~r of seasonal residents, the number of seasonal homes was multiplied by a factor of 5 (Table 1)*. Using this multiplier, the total number of summer residents was estimated at 1,960. This figure includes only summer homeowners/renters and their immediate family, which does not reflect the total number of Island users, including houseguests, relatives, day trippers, and domestic help. Considering the large size of most houses on the East End, houseguests and extended family alone significantly increase the number of people on the Island. Although some residents approximate that total seasonal use of the Island has created a population of as many as 4,000 people, to date there is no actual documentation of the number of people using the Island during the summer. The closest approximation is the Ferry District's figures on the number of passengers and automobiles travelling to and from the Island (Table 7). This table, however, is not an accurate representation of the number of people on the Island at any given time, since it is not possible to estimate each passenger's length of stay. Table 7 does, however, give an accurate representation of the percentage increase in the total number of people using the Island. The table shows an estimated 79% increase in passenger ferry use and a 122% increase in automobile ferry use from 1974 to 1986. This percentage increase in ferry use is much higher than the actual increase in seasonal resident population, which has grown 42% since 1970 and 77% since 1960. A comparison of ferry use and seasonal residential population growth rates indicates that use of the Island by houseguests, visitors and commuters has increased at a greater rate than seasonal residential population in the last ten years. *The long Island Regional Planning Board uses a factor of 5 as a standard mult}plier to estimate seasonal residents, since there are generally more people than average per household during summer months. (The average year- round household size on Fishers Island is 2.3.) The 1984 estimated seasonal residential population was doublechecked by a local realtor estimate, who using the phone book, approximated the number of residents in each house. 8 , . ' . . .. i 1 f . r J I f j , ~ i I I : , i j ; I i ! . i L 1 ! Table 1 Population and Housing 1960-1986* Resident Population** Year-Round Population 1960 508 1986 285 1,700 1,958 1970 462 1980 318 1,430 1,748 Seasonal Resident Population Total Resident Population 960 1,195 1,468 1,657 Housinq Year-Round Housing Units Seasonal Housing Units 150 150 192 239 140 124 340 464 286 426 Tot,l Hc"o i nQ Units 342 389 *Source: Year-round population and year-round housing figures for 1960, 1970 and 1980 are from the Long Island Regional Planning Board (LIRPB) interpretation of U.S. Census Data. The total number of housing units is based on the 1980 U.S. Census figure of 426. All other years were calculated by using the Town~f~~Southold Building Permit File (see Table 2). The number of seasonal housing ~<<its is based on the difference between total housing units and year-roun~ housing units. For 1986, the number of year-round housing units was calculated through the Assessment Roll of residential units owned by year-round residents, as well as a tally of year-round occupied rental units, Sco:~~al population is approximated by multiplying the number of seasonal housing units by 5 and 1986 year-round population is approximated by using a multiplier of 2.3. These are standard multipliers which the LIRPB uses to calculate seasonal population. **This chart represents the total number of residents, defined as homeowners/renters and their immediate family. It does not include the total num~er of people using th9 Island such as houseguests, domestic help, visitors and extended family (see Population section). 9 ~ ) r 1 B. HOUSING f , r f f r J i . i . . ~ ; 1 '- i t t I I '- j L L , , \ - There are an estimated total of 464 residential housing units on Fishers Island. In the past 26 years, housing has increased at an average annual rate of 4.5 units per year; a total of 122 new dwellings have been constructed since 1960 (Table 2). 76 of these new houses (63%) were constructed on the West End and 46 (37%) constructed on the East End. 27 of these houses (22%) were built by year-round residents. Since 1982, an average of 6 units have been built each year. On the East End, all of the existing houses are single-family detached units (93% of which are owned by seasonal residents). On the West End, 52 of the existing housing units (11%) are within two to,s-ix-unit family dwellings and the remaining units are single-family detatched houses. Year-round residents occupy approximately 124 (27%) of the total number of housing units on the Island and 60% of the multi-family rental units. As Table 3 indicates, an estimated 108 houses and 92 lots transferred ownership since 1977. The number of sales has fluctuated through the years, with a peak in 19B1 (41 house and lot sales, mostly attributed to FIDCO land sales) and a low in 1980 (4 house and lot sales). Over the past five years, there has been an average of 17 house and lot sales per year. Seasonal residents accounted for 90% of the total house and lot purchases; 10% (19) were properties owned by year-round residents and sold to seasonal. Furthermore, though purchases by year-round residents represents 10% of the total (21 transactions), of these, 81% (17 out of the 21 sales) were sales or transfers between year-round residents. Residents and two local realtors have indicated a shortage of affordable housing for year-round residents due to the limited housing supply and the inflated value of real estate resulting from the high demand by more affluent summer residents. The rapidly inflating land and housing values are best documented by appreciation of unimproved lot values. Table 4 provides some examples of price appreciation for properties that have been sold twice within the last ten years. This is by no means a complete accounting of all transactions nor can any patterns be assumed, however the examples in this table show a 425% appreciation in unimproved land, and 375% appreciation in improved land since 1977. L 10 , r . , j f t f f I . . I f f j I 1 !. J , 1 f L 1 L . I \- f L Table 2 NEW DWELLING UNITS 1960 - 1986* 1960 2 (2W) 1970 5 (3W,2E) 1980 3 (2W,IE) 1961 4 (2W,2E) 1971 4 (3W,IE) 1981 5 (3W,2E) 1962 2 (2W) 1972 8 (6W,2E) 1982 6 (3W,3E) 1963 4 (2W,2E) 1973 2 (IW,IE) 1983 4 (IW,3E) 1964 5 (3W,2E) 1974 5 (4W,IE) 1984 7 (3W,4E) 1965 7 (3W,4E) 1975 4 (4W) 1985 5 (2W,3E) 1966 7 (6W,IE) 1976 1 (IE) 1986 ~ (4W,4E) 1967 3 (3W) 1977 1 (IW) 1968 -5 (5W) 1978 3 (2W,IE) 1969 8 (5W,3E) 1979 4 (IW,3E) Total 47 (33W,14E) 37 (25W,12E) 38 (18W,20E) Total New Dwellin9 Units 1960-1986: 122, 36% increase, 76W (62%), 46E (38%). Annual Average, New Dwellin9 Units ...... -', '.."......- ,- ".--: 1960-1964 3.4 1965-1969 6.0 1970-1974 4.8 1975-1979 2.6 1980-1984 5.0 1985-1986 6.5 1960-1986 4.5 *----"':==-~ --- - ~ *Source: Town of Southold Building Permit File. The year indicates the date on which the building permit was issued. As of March 31, 1987, no building permits had been issued in 1987. Wand E indicate a new dwelling on either the West or East End. 11 I . " 1 ,. I . . r i , f > i I f i , . j . . j ~ . , l . 1 ; . L Table 3 HOUSING AND LAND SALE ESTIMATES 1977 -1987* Houses Unimproved Lots Total 1977 10 6 16 1978 4 4 8 1979 20 8 28 1980 2 2 4 1981 18 23" 41 1982 11 16 27 1983 2 4 6 1984 9 4 13 1985 11 8 19 1986 15 13 28 1987 6 4 10 Total 108 92 200 Of the 200 houses and unimproved lots sold since 1977, 179 (90%) have been purchased by seasonal residents. Of the 108 houses sold since 1977, 12 of these were owned by year-round residents and sold to seasonal residents and seven unimproved lots were transferred from year-round to summer residents. Since 1977, 21 houses and unimproved lots were bought by year-round residents but 17 of these transactions were sales from year-round to year-round residents. I I L *1987 fi gures are through Apr i 1. Source: Ta lly from Lonq Is 1 and Trave 1 er Watchman, compiled by a local realtor. 12 ! Table 4 . . , r LAND VALUE APPRECIATIDN* j 1977-1987 , Unimproved Land . , Location Size Bldg 1st Sale 2nd Sale Comparison Comparison (acres) sites Year/ Year/ Price per Price per f Price (in Price (in Acre (in Buildable 1000's) 1000's) 1000's) Lot (in 1st Sale/ 1000's) ~ 2nd Sale 1st Sale/ t 2nd Sale West 1 1 80/$25 86/$120 $25/$120 $25/$120 r East I I B2/$78 86/$200 $78/$200 $78/$200 r East 2 I 84/$30 86/$265 $15/$135 $30/$265 ! East 4 1 80/$38 86/$200 $10/$50 $38/$200 f East 4 1 81/$29 87/$160 $7/$40 $29/$160 1 East 4 1 81/$28 85/$90 $7/$23 $28/$90 . ! East 2 2 84/$31 86/$138 $16/$69 $16/$69 , East 3 2 82/$38 86/$210 SI3/$70 S19/S105 i West 6 2 77/$20 86/S200 S3/$33 $10/S100 ! Imoroved Land** , , , East 9 0 77/$250 87/$2,500 S28/$280 N/A l West .3 0 79/$90 85/S250 $270/$750 N/A I West .25 0 80/$70 86/S250 S280/$1000 N/A ; i West 1 0 81/S95 86/S235 S95/$235 N/A , West 1 ~--;~~j~ 0 81/$53 86/S180 S53/S180 N/A } , , - East NA 0 79/$160 85/S350 N/A N/A L Price oer Acre Price per Buildable Lot (in 1.000's) (in 1.000's) Unimproved Improved Unimproved Average. 1977 -84 19.3 145 30.3 Post-1984 Sale 82 545 145.4 Average Increase in Value 425% 375% 480% Figures are compiled from Lona Island Traveler Watchman tallies. ** These increases in values may not account for home improvements. 13 * ~ ! ) f" ~ C. ZONING f f T j f f ". i , t . J ! ~ I l_ f '- l . , j '- L Although the Town of Southold has developed a new zoning ordinance and map which conforms to the adopted Master Plan, the ordinance has not been adopted. The Town expects adoption of the ordinance in the Fall of 1987, after an environmental impact statement has been prepared and a final public hearing is held. Until this time, any new development must conform to the current zoning ordinance and map (Figure 3). 1. CURRENT ZONING Current zoning for most of Fishers Island requires a mlnlmum 2 acre (80,000 square foot) parcel and a 2 1/2 story maximum.building height for any single- familyresidence. Single family dwellings can be constructed on lots less than 40,000 sq. ft. where subdivision approval was granted prior to November 23, 1971 and on lots less than 80,000 sq.ft. where subdivision was approved prior to May 20, 1983. Other uses permitted under this 2-acre zoning category (A-BO, Residential and Agricultural District) include commercial agricultural operations and buildings used, owned, or operated by the Town of Southold. Several other uses, including two-family dwellings, churches, schools, camps and other public buildings are permitted by special exception of the Board of Appeals. Fishers Island has a few areas on the West End zoned as M (Light Multiple Residence; 6.5 acres), B-1 (General Business; 220 acres, most of which is the Town's property), C (Light Industrial; 2.5 acres), and C-l (General Industrial; 4.5 acres). (See Figure 3) Old army houses along Whistler Avenue and one parcel on Montauk road have an "M" district designation. Lots under this zoning can be a minimum of one acre, and multiple family dwellings cannot be occupied by more than four families. The Town of Southold's 178-acre parcel on the southwest end of the Island (former Fort Wright land), the school and ferry district as well as warehouses on the western end, commercial uses near the post office, the intersection of Crescent and Fox Avenue, and a strip along Montauk Avenue are zoned for general business uses. Heavier commercial uses are grouped under industrial designations (C and C-l); these uses include marinas, contractor yards, public utility structures and warehousing. 2. PROPOSED ZONING The -Town of Southold's newly developed zoning ordinance and map, last revised in September 1986, has an anticipated adoption date of Fall 1987. This Zonlng map (Figure 4) basically reflects the land use map adopted by the Town in December 1985. The proposed zoning maintains, for the most part, the existing 2-acre zoning on the West End but would reduce the unit density for any new subdivisions on the East End to a 3-acre minimum. I C The following is a description of each zoning district proposed for Fishers Island. Figure 4 shows the land areas where these zoning districts have been proposed. 14 .- . ~ , . 1 , r , . i f i f , , f . ,,- I I . . , ; t . ~ j , f L I i L I '- I L 1'.-". A ricultural-Conservation District/Low Densit Residential R-80 2 acre R-120 3-acre R-40D 10 acre: Within this district, the unnecessary loss of sensitive environmental features will be controlled. The entire East End of the Island and the Hay Harbor Golf Course are zoned R-120, most of the West End is zoned R-BO, and the Town's 17B-acre parcel and the Naval Facility are zoned R-400. Low Density Residential R-40 (1 acre): This district provides areas for residential developments where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling unit per acre and where open space and agricultural preservation are not predominate objectives. Hamlet Density Residential (HD): This district permits a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. One-family detached dwellings or multiple dwellings/townhouses require a .5 acre minimum lot size; with both community water and sewer, minimum lot size is .25 acres. The row of houses along Whistler Avenue is zoned HD. Limited Business (LB): This district provides an opportunity to accommodate limited business activity in areas outside the hamlet central business areas that is consistent with the rural and historic character of surrounding areas and uses. Both nonresidential uses and one-family detached dwellings in this zone require a 2-acre minimum lot size. Hamlet Business (HB): This district provides opportunities for "business development in the hamlet central business areas, including retail office and service uses, public and semi-public uses, as well as hotel and motel and multi-family residential development that will support and enhance the retail development and provide a focus for the hamlet area". Nonresidential uses require a .5 acre minimum lot size and residential uses must conform to the Hamlet Density Residential District standards. General Business (B): This district provides areas for "retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas." Nonresidential uses require a .75 acre minimum lot size. Marine II (MIl): This district provides "waterfront locations for a range of water-dependent ar~~ter-related uses, which are those uses which require or benefit from direct-de'cess to, or location in marine or tidal waters and which in general are located on major waterways, open bayfronts or The Long Island Sound". '. 15 M B B-1 C C-1 ^ !-- r- r- ,- r---- l i h - Li \ t Multiple R " G 9 t Business (e5sldence (1 l enera 1 Bus i . acre) acre) G19ht Indust~essl (.75 acre) enera1 I la (1 (All oth ndustrial (;cre) (2 er) Re"d acre) acre) Sl ential/A " gn cu ltura 1 The ent- R _ lre East eSldentia1/A .End is with' gncultural (A;n a zone. m ,. (F- .~..___~c7y f, .--- p-I -----.~-~. :,.' -------------..-' ,..-....... ,....... ........, ..............1 --- """"""I r'-- ......... -""'1 -~ ~~, ." .0' e ., (1) w &3- , ){: .:; ~ <:.~: ~. ( -, .... ...... ./----- TOWN 0 F SOUTHOlD . BUILDING ZONE MAP - 1970 r-" r-" ,............. , -- R-40 Low Density Residential (1 acre) R-BO Low Density Residential (2 acre) R-120 Low Density Residential (3 acre) R-400 Low Density Residential (10 acre) liD Hamlet Density Residential (.5/.25 acre) In Limited Business (2 acre) 118 IIamlet Business (.5/.25 acre) 8 General Business (.75 acre) Mil Marine (2/.5 acre) The entire East End is withinpif-120 zone. h)J ...., ~ "._'~'" .~.,....~.. ....,....- ;~,.....- .......- ....~ -~ ........, .._~ -......, -";'.~'I ." ~. "" C "1 (1) ~ R-120 TOWN OF SOUTHOLD, PROPOSED ZONING MAP - MARCH 1987 f r } D. DEVELOPMENT At present, the total land mass of Fishers Island is divided into 931 existing lots. 431 of these lots (46%) are occupied by residential units and 75 lots (8%) are under public, institutional or commercial use. 45% of the total existing lots are vacant (Table 5 and Figures 5, 6 and 7). f r T I f T j . f , I t 1 I l t J L , J ~ I ~ Although the number of existing lots has increased by 17 since the 1984 report, this is mostly due to the fact that these parcels were not previously listed in the. Assessor's Role. On the West End, however, 2 lots were subdivided into 3 parcels, 1 lot was subdivided into 2 parcels and 2 lots were consolidated into one, which amounts to an additional four lots through subdivision. .. Under current zoning (permitting mostly 2-acre minimum lot sizes), 156 additional parcels could be created on the West End, since many parcels consist of four or more acres*. Further subdivision, however, is restricted on all East End existing lots due to 20 year restrictive convenants imposed by FIDCO since the original Olmstead Plan. In 1985, FlDCO renewed these 20 year covenants, based on an affirmative vote of property owners holding a majority of the East End acreage. Unless FlDCO has a change of policy in 20 years, the current number of East End lots will remain the same. Under proposed zoning, the two large vacant publicly owned lots (the Airport site and Naval Facility) have a minimum lot size of 10 acres. This change of zoning from a .75 and 2 acre to a 10 acre minimum significantly reduces the potential number of additional parcels, if subdivision was to occur*. The total number of additional parcels which could be created under proposed zoning is 77 (or 68, excluding the Airport and Naval Base site), less than half of the number of lots which could be created under current zoning. Table 6 illustrates the number of parcels possible on both the West End and the whole Island, if subdivided from existing vacant lots, improved lots or public properties which have the possibility of being subdivided at some point in time. Based on proposed zonin9 for the West End, 30 additional parcels could be created from existing privately-owned vacant lots and 25 additional parcels could be created from lots with existing residential units. If the Utility Company property and the Town's property near the ferry were sold and subdivided, 8 additional lots could be created and 9 additional lots could be created if the Naval Facility and the Town's parcel (excluding the Airport) were ever sold and subdivided. Given the subdivision potential on the West End for an additional 77 parcels, the total possible 10t~ on the Island could incr~ase to 1,008. 1 * In November 1985, the Town of Southold proposed an amendment to provisions L of the Fishers Island Ferry District Enabling Act. This amendment, passed by the New York State Legislature and awaiting the Governor's signature, prohibits the Town from selling its property on Fishers Island without approval of a majority of the Ferry District Commissioners and a majority of voters and property owners on Fishers Island. This amendment" would make a sale and subsequent subdivision of any Town property very difficult. Also, sale of the Naval Sase property is unlikely due to its active use as an accoustical sounding test site. 18 r 'j r f r r r f f . t J i 1 t I ~ I t. l L L L There are currently 425 privately owned vacant lots on the Island which could accommodate new houses (61 of these lots are still held by FIDCO but might eventually be sold). If these 425 lots were built on, and 77 new lots created and built on, the number of existing homes on the Island would double. There may be, however, restrictions on development of all vacant lots due to natural constraints (steep slopes, floodplains, poor soils, or the presence of tidal or freshwater wetlands). Taking these features into account, the total number of developable parcels might be reduced. (See Figures 8-10 for locations of ' natural development constraints.) "-- ~-=-.-~ -:~ -~. '. 19 - j . 1 r I . J r . j 1 i J r I J I , ; . I i ~, I 1 ! j t J . . I L . I L Table 5 NUMBER OF EXISTING LOTS BY LAND USE AND OWNERSHIP* WEST END Land Use Ownership Residential 303 Seasonal 304 Commercial 26 Year-round 132 Institutional 35 Public/Semi Pub lic 36 Vacant 113 FI DCO 5 .~'i..- Total: 477 EAST END Land Use Ownership Residential 128 Seasonal 369 Public** 14 Year-round 10 Vacant-FIDCO*** 61 Pub 1 i c/Semi Public 6 Vacant-Private 251 FIDCO 69 Total: 454 TOTAL Land Use Ownership Residential 431 Seasonal ~ 709 Commercial 26 Year-round 142 Publ i c 49 Public 42 Vacant 425 FI DCO 74 Tota 1: 931 *Source: Town of Southold Assessment Roll and Levy Module, June 1, 1986. Since FIDCO's subdivisions are not reflected on the Suffolk County Assessors Maps, East End parcel numbers are calculated from the May 27, 1983 FIDCO parcel map. The source for ownership information is the Assessment Roll's listing of owner's address. Those owners with a Fishers Island address are ass~med to be year-round residents, and all others seasonal. **Public land is defined as the golf course, country club and Waterworks' parcels, as well as those parcels with permanent development restrictions (Museum Land Trust and Nature Conservancy holdings). ***FIDCO's vacant land is defined as the subdivided lots which are not currently on the market. 20 " " .' LAND USE/OWNERSHIP/ SUBDIVISION PonENTIAL* PRIVATE o SINGLE FAMILY RESIOr:~TlAL Cl MULTI FAMilY AESIDE~ ,AL Ei~ HAMLET COMMERCIAL ~:.J GENERAL COMMERCIAL ;:~'J INSTITUTIONAL "'" RECREATION ~ OPEN SPACE ~ lZ FIOCO D VACANT PUBLIC ~ INSTITUTIONAL c:J TRANSPORTATION/UTILITIES D VACANT ._r(.l'""'cal....Md"'...I.,at.tt..Wh<dod. .' , .' i;" .:;: .~,':" :'.:. .',;: _ .... ".'_t." ," ~ ~" ,\ - .::;.~: _ . ......:::.: ~:;",:,';'_./:.~'.~:,! ;'.' ~. ",,' "~' ~;'.' ',;.~._":'"...:"'..\...\"'~.,'.- \.:~~,.l" . , , 5. " ,'. ~~.. r': - ,tOC" Figure 5 Ifil t I,i 'r- ", " ,;\" ,.' " " ." . "~.'"-'. ...-.".-.",..- .0<._...."....."..._ 'FISHERS ISLAND l WEST END I ____n ,,___J ri-ri j' ." ,., 22 j 1 . j f ! f i r f , i i I I t I I l I I L I '- f L Table 6 SUBDIVISION POTENTIAL* (Total Lots Capable of Being Created Based on Proposed Zoning) West End Current land Use Additional Parcels if Subd i vis i on Occurs Total Parcels if Subdivision Occurs Existing Parcels Vacant (Privately Owned) 113 Dwelling Unit 303 Commercial & Institutional 57 Vacant (Publicly Owned) 4 30 25 5 17 77 143 328 62 21 554 Total: 477 East End Current land Use Additional Parcels Total Parcels Existing if Subdivision if Subdivision Parcels Occurs Occurs 312 0 312 128 0 128 14 0 14 454 0 454 Vacant Dwelling Unit Other (Public)** Tota 1: West End and East End Additional Parcels Total Parcels Current land Use Existing if Subdivision if Subdivision Parcels Occurs Occurs Vacant (Privately Owned) 425 30 455 Dwe 11 i ng Un it 431 25 456 Commercial & Public 71 5 76 Vacant (Publicly Owned) 4 17 21 Tota 1: *~:"'--:--~ 931 77 1,008 -::~ ~ *Subdivision potential is based on propos.ed zoning. The existing parcels category indicates the number of parcels currently vacant, with a dwelling unit, under commercial or institutional and those which are un improver public land with long-range subdivision potential. The other categories tally the number of additional lots possible if subdivision occurred and the total number of parcels possible under subdivision. The publicly owned, vacant land category represents part of the the Town's 178-acre parcel (which is not used as the Airport), the Town's 4.7 acre parcel near the ferry dock, the Naval Facility and a Utility Company property. Development potential of the Naval Facility and the Airport parcel is explained in the text. . **ThiS includes FIDCJ's undevelopable land (the golf cou(se, country club and Water~orks parcels) and p3rcels with permanent development restrictions (-..~"~,,... ,- 1 :l.,...J T..,..,,_+- :l..,.4 "'::."~e C~nse~"a"""'\I h'l,..Hn" \ \' '....>c.... __""" ".....,)... ....01... II.......... ....", ~ .I....J '.... .... I. ;:,_ j. 21 LAND USE/OWNERSHIP JOIlIl' FISH(IfS IS ~.. fI/{J PRIVATE D S'NGle.FAM'Lr RESIDENTIAL m MUl.TI FAMilY F1ESIDEN!lAL e2J "AMLET COMMERCIAL o GENEFlAL COMMERCIAL i:-:3 INSTITUTIONAL m RECREATION G OPEN SPACE o FIOCO o VACANT PUBLIC ~ INSTITUTIONAL L::J TRANSPORTATION/UTILITIES a VACANT ......... ".. . " " . " ,,' " " ", .' , ", .' ....,..~.~ ~--.. ...._.."..........",0< FISHERS EAST ISLAND END 1 ......'......."... ....................... fi.F.4":J 23 figure 6 '. 50Ul<0 LAND USE/OWNERSHIP PRIVATE o SINGLE-FAMILY RESIDENTIAL &::J MULTI,FAMILY RESIDENTIAL OJ HAMLET COMMERCIAL IS.SI GENERAL COMMERCIAL t:.::J !NSTlTUTIONAl ii:d RECREATION IIL3 OPEN SPACE EZJ FIOCO o VACANT PUBLIC ~ INSTITUTIONAL CJ TRANSPORTATION/UTILITIES o VACANT ." ", ,0' f \S~ '0 ,.' ", I " ,- .' t --~- -'- I ! I I ! ,.r f:----.'-': ~ ~ \iY'.-'" I, I, ) ." .' .' .' , ~......._- ,,_.,...'''' ~.,.. .00._............"...,.. .M.'.....'... ",...c...o ([.[4 :I FISHERS EAST I I I ______-L-- ____-----------, IS LAND END 2 I I 24 'J' r -' , .r r r f r I I I I l L t l L l L L I L E. FUTURE GROWTH PROJECTIONS The number of houses built each year in the last 26 years has fluctuated between 1 and 8, following economic trends. There has been a 36% increase in the number of houses on the Island since 1960 (an average of 4.5/year); almost 40% of the houses built since 1950 were constructed during the 1960's. Few houses were built in the late seventies (an average of 2.6/year), but building activity has increased in the last five years to an average of 6 new dwellings per year. Future growth projections for seasonal population and housing on the Island are difficult to make due to the fluctuations over the past 26 years. Growth projections have been based on the average numb~~ of houses built over the past five years, however, given the current high demand for seasonal homes, the number of houses built over the next few years may actually be greater than this five year average. The assumption has been made that there will be a constant increase in the number of houses built over the next 23 years. The projections have been calculated based on an annual percentage increase; .013% for the average 1982-1986 growth rate. Assuming a constant increase in the number of houses built over the next 23 years, Fishers Island could expect up to 621 total housing units (a 34% increase) by 2010 and a total resident population of 2,608 (assuming that most of the new households are seasonal; an average household size of 4.2 is used, the current average). Total Number of Housing Units Total Resident Population 1987 454 1,958 2010 621 2,608 1990 482 2,024 1995 514 2,158 2000 548 2,302 2005 582 2,444 . These projections are based on the assumption that only single-family homes will be built. If a condominium complex was built on the Island, however (which would require a zoning variance), this would increase the projected growth rate. As discussed in the Population section, this residential population does not include houseguests, day visitors, live-in help and relatives. The number of additional people who use the Island will most likely increase with the seasonal residential population and additional housing units. However; day visitors (such as yachters) are not necessarily tied to housing units, and additional commercial facilities (such as restaurants and motels) could result in a disproportionate increase in Island use compared to residential growth. The Ferry District's 1974-1986 annual use figures document a 122% increase in automobile use, indicating a growth rate in total Island use that is much higher than residential population growth. As evtdent from Table 1, ~ear-round population has been steadily declining through the years. Based on a 10% ~~:'ine in year-round population from 1980- 1987, if declining at the same rate in the future, year-round population could drop to as low as 198 by 2010, with total year-round housing units decreasing to 85. 25 r r r r r I I I I i 1 t t l l l L L L I F. INFRASTRUCTURE 1. TRANSPORTATION a. Ferry The Fishers Island Ferry District transports most of the population and freight and all of the motor vehicles to and from the Island. The Ferry District operates two ferries between Fishers Island and New London, MUNNATAWKET and RACE POINT. The ferries currently average 128 cars per day in the summer months (June-September) and approximately 61 cars per day during the remainder of the year. An estimated 51% of the cars and passengers carried throughout the year travel during the summer months. To accommodate these numbers, the Ferry District runs about 32 trips per week during the summer season (including May and October), with a maximum of 37 trips per week during the late June through Labor Day period. The number of trips drops to approximately 26 per week during April, November and December and 24 per week during January, February and March. Passenger use of the ferry increased 79% from 1974 to 1986, while automobile use increased 122% during this time (See Table 6). The Ferry District has no accurate documentation on the number of commuters using the ferry. The Ferry District has estimated, however, that currently 80 people commute to the Island and 4 people commute to the mainland on the ferry. In addition, approximately 30 people commute to the Island by other boats and 15-20 people commute to the Island by plane. MUNNATAWKET, in service since 1978, has a capacity of 210 passengers and 25 automobiles, although if carrying one tractor trailer with a legal size load it can only accommodate 21-22 cars. Because this ferry has only about 30' of open deck space, it is difficult to accommodate large trucks. RACE POINT, placed in service on June 24, 1985, has a capacity of 246 passengers and approximately 32-35 automobiles. RACE POINT has approximately 75' of open deck and accommodates larger trucks than MUNNATAWKET. "'-~~~.-~~ ~:, '0 26 f r r r r J I I I I t t L l L L L I '-- I L b. Ai rport Elizabeth Field, Fishers Island's small utility airport, is operated by the Fishers Island Ferry District. It is located on the Town's 178-acre parcel, originally part of Fort Wright. The airport has a 2,500-foot paved runway and averages ten aircraft operations (either landings or take-offs) per day in the winter months and up to 40 operations per day during the summer months. In 1986, the number of take-offs and landings (tallied by the airport staff) on Elizabeth Field totalled 11,036, a 22% increase from 1981. Airport traffic dropped in 1983, primarily due to bad weather conditions. The use of the airport over the past six years has been as follows (figures represent the total number of operations): 1981 9,042 1982 10,320 1983 8,624 1984 9,270 1985 10,974 1986 1l,036 Air taxis account for approximately 50% of the aircraft volume. Three air taxis service the Island: Action Air, Coastal Air, and Yankee Airways. Action Air, a charter flight service, flies mostly in and out of Groton, Connecticut but occassionally provides service from other airports. Action Air uses six aircraft to service Fishers Island: two twin engine and four single engine planes. Coastal Air has been servicing the Island since 1955 from Groton and uses three planes for Fishers Island runs. Yankee Airways, based out of Waterford, Connecticut, has provided a charter flight service to the Island since 1975, but is presently only operating two single engine planes. The Sanger Foundation recently made a $10,000 grant to provide seed capital for major airport improvements and a consultant will be hired to study the specific airport needs. It is anticipated that improvements will consist of: a VASI system (a visual assistance system for pilots), relighting the runway and improving the runway's condition. Total costs have been estimated at $200,000, of which 95% would be provided by state and federal grants. *---.~.~;:::.:.J -<; _.-r - ~ '. 28 . r . i r ) f j I 2 f J I , 1 I < i ~ I ! 1 [ , ? l ! L i , , l I L . i ! 2. WATER SUPPLY The water supply, treatment, distribution, and storage facilities for Fishers Island are owned and operated by the Fishers Island Water Works, a subsidiary of FIDCO. Due to the Island's hilly terrain, most precipitation flows to freshwater ponds or to the shoreline. Barlow Pond, which is centrally located and has a 40-acre watershed, is the primary source of the Island's water supply, holding about 10-15 million gallons. The New York State Department of Health has classified Barlow Pond as a Class A (top quality) drinking water supply body. A gravity pipeline carries water from Barlow Pond to a suction well. At this point, it is pumped to the filtration treatment plant adjacent to the pond. The water treatment plant has a capacity to process 1 million gallons a day. After filtration, water is fed directly to the water mains or pumped to the storage reservoir on Chocomont Hill, which has a capacity of about 500,000 gallons. Middle Farms Pond is used as a secondary water source, if needed, during peak summer usage. This water is transferred to Barlow Pond by a portable pump. Following the 1965-66 drought, Fishers Island Water Works dug two back up wells near Middle Farms Pond. Since water supply has been adequate from the ponds, the use of well water has been minimal. Aside from these wells, there are about 20 individual wells in use on the Island. Although never used, Treasure Pond is another source of surface water supply. Since Fishers Island has relatively few wells due to abundant surface waters, groundwater depletion and saltwater intrusion have not been a problem to date, although some saltwater was detected when the Country Club drilled for wells. Due to the irreversible nature of saltwater intrusion, future groundwater use should be carefully monitored. The Fishers Island Conservancy is currently exploring the feasibility of conducting an acquifer study for the Island. The watersheds of Barlow, Middle Farms and Treasure Ponds should also be kept relatively undeveloped to protect the quality of the water supply. Fishers Island Water Works is currently investigating the temporary use (up to two months) of the two wells at Middle Farms Pond, due to the need to repair the settlement tank, mixing basin and clearwell at the treatment plant. If use of the wells proves feasible, the Water Works will need to purchase two pumps and two chlorinators for the wells, construct adjacent buildings, and connect this water source to the distribution system. The cost of this new well equipment and work has not been estimated, nor has the cost of the treatment plant repairs been estimated. Average daily water use has changed little in the past 20 years, according to a 1970 Metcalf & Eddy study and recent Fishers Island Utility Company figures. Between 1960 and 1969, the average daily water use was .177 million gallons a day (mgd) or 64.6 mg/year (see Table 8). However, as Table 8 illustrates, water use did not steadily increase through the years, but randomly fluctuated. For the ten-year period between 1977 and 1986, average daily use increased to only .185 mgd or 67.5 mg/year, a 4% increase from the 1960-1967 average. In the past five years, however, average daily use has only been .16 mgd. This is due in part to the fact that prior to 1982, the Fishers Island Country Club used about 5% of , the Water Work'S water supply. Due to water pressure proble~s for residents in the-vicinity, since 1982, the Country Club 29 1 f f f r I , I i ~ . f 1 t l I L L l L I 1- has been supplying 70% of its own water from ponds and wells to alleviate this problem. Also, in the last few years, there has been a higher than average rainfall; since an estimated 60% of the Island's water is used for landscaping, a high rainfall year will significantly decrease the water usage. For example, since July of 1987 was particularly dry, water use for that month was 28% greater than July of 1986. Major leaks may also cause fluctuations in water use. In the past thirteen years, the maximum water usage in one day has been .66 million gallons, or 66% of the water treatment plant's total capacity. Approximately 60% of the year's total water usage occurs from June through September. -Although there is an adequate water supply and treatment plant capacity, low water pressure is a significant constraint of the water supply system, especially for residents on the far western and eastern ends of the Island. The distribution mains, installed in 1902 and 1926, have been roughened by corrosion, causing friction within the pipes, which significantly reduces water pressure. Cleaning the distribution mains and looping the mains together could alleviate this pressure problem, however, this would be very expensive and there are no current plans to undertake this work. ......._-~_o::--~ - -:-:,-- ~ -, 30 r 1 f r f T , I . 1 J J 1 , 1 \. . i t t l I l L L I Table 8 ANNUAL AVERAGE DAILY RATE OF WATER USE* Calendar Year Average Dai ly Use, MGD 1960 .17 1961 .15 1962 .14 1963 .18 1964 .18 1965. "".19 1966 .18 1967 .17 1968 .22 1969 .19 1977 .21 1978 .21 1979 .24 1980 .21 1981 .18 1982 .16 1983 .17 1984 .15 1985 .15 1986 .17 1960-1967 average rate .177 1977 -1986 average rate .185 *Source: 1960-1969, Metcalf & Eddy, Report to FIDCO on Water Supply and Distribution Facilities, 1970. 1977-1986, Fishers Island Utility Company. These water usage figures are not representative of end water use since volumes are measures of the amount of water pumped through the filtration plant. There can be up to a 40% water loss in the distribution system before treated water reaches final use, making it difficult to measure actual per capita water use from average daily use figures. . . ",rough 1982, these fi gures i nc 1 ude water use by the Fishers Is 1 and Country Club, which used about 5% of the water supply. 31 , j ~ f 3. WASTEWATER FACILITIES The Fort Wright area (see boundaries on Figure 1) has the only sewage collection system on the Island, which services about 40 buildings. In addition to this main disposal system, within the Ft. Wright area, the school has its own system and there are about 7 individual septic systems. The school's system is in good condition and should be capable of handling waste through the year 2005. f" ! r i i ! In 1986, a new community subsurface disposal system was installed in the Fort Wright area to eliminate all discharge to surface waters, with a total cost of approximately $500,000. This system has two main subsurface disposal areas and 5 individual on-site disposal systems, yielding a total 20,000 gallon septic-tank capacity. This tank could also accommodate the ferry's 1,000 gallon sewage tank, which is currently deposited on the mainland and pumped weekly during summer and monthly during the rest of the year. Given an estimated 100 gallons per capita per day of sewage flow, this new septic system can accommodate a maximum population of 200 in the Fort Wright area, a 30% growth increase from this area's current population. The remainder of the Island uses individual on-site subsurface sewage disposal systems. In response to a questionnaire distributed for the 1981 A. R. Lombardi Associates wastewater facilities study (40% responding), 57% of Island residents indicated that they have a septic tank/leaching pool system and 37% have a cess pool/leaching pool system. Since 1972, Suffolk County Department of Health Services regulations have required septic tank/leach pool systems for all new residences. Minimum standards require that a residential system consist of one 900 gallon septic tank and 300 square feet of leaching area located on the homeowners property. The depth to groundwater determines how many leaching pools are needed since the bottoms of the pools must be kept at least 2 feet above the maximum groundwater level. Due to Fishers Island's well-drained soils, low density, and seasonal use, residents have experienced few problems with individual septic systems, although a few septic tanks or cesspools have been pumped out. Septage from existing tanks and cesspools is disposed of at the sanitary landfill, but there are no records of the quantity of sludge disposed here. The A.R. Lombardi report estimates that the total annual average septage needing disposal is 40,000 gallons. r f I I f t I I I -~ L , . l I I '-- Wastewater syste~~1l1 not be a constraint for future development in the Fort Wright area or the_:~st of the Island as long as the location for development has permeable soil~-and meets the Department of Health's minimum acreage and groundwater requirements. l I \ 1 , L " 32 f f f f J J I 1 J i J 1 t l { I l I L L L I '- 4. SOLI 0 WASTE In 1983, a solid waste management study was completed for Fishers Island. Researched by Lockwood, Kessler and Bartlett, Inc. (LKB), the study analyzed existing disposal conditions and evaluated long-range alternatives. The followin9 indented sections are excerpted directly from the report. Present"Waste Disposal Practices -- Solid wastes are presently disposed of at three separate areas on Fishers Island. Household garbage is deposited at the existing landfill, and other burnable debris including brush, clippings, cardboard boxes and construction debris is deposited at the gun pits. The existing landfill and gun pits are operated by the Fishers Island Garbage and Refuse District (FIGRD}~ Metal wastes such as motors, old refrigerators, and other "white goods" are placed in an abandoned pit operated by the Town of Southold. The existing landfill is a 13-acre site leased by the FIGRD from a private owner. (The five year lease was renewed January I, 1986.) Disposal at the landfill is carried out by a single-contractor who is responsible for collection of all household garbage on the Island. The Town of Southold also uses the landfill to dispose of garbage collected from the Town boat docks during the summer season. Private disposal at the existing landfill is not permitted. The gun pit area receives burnable debris from individuals and private contractors. The 9-acre area is located on the western end of the Island and it contains a series of abandoned concrete gun pits formerly used to house coastal artillery. The pits, which were constructed prior to World War I, are 20 to 25 feet deep and interconnected by underground tunnels and storage rooms. The concrete used to construct the pits is structurally massive, but has undergone considerable cracking and deterioration because of age and weathering. Two of the four main gun pits at the site are used for waste disposal, and the accumulated debris is burned at irregular intervals. Since waste disposal at the site is by individuals and private contractors, the present cost of operating the area is minimal.... The FIGRD has personnel on-site at the gun pit area (3 days a week) to direct the disposal of debris. Metal wastes deposited in the "white goods" area are periodically hauled from the site and barged to Connecticut...This area is operated by the Town of Southold and is not under the jurisdiction of the FIGRD. Waste Quantities -- For 1982-83 and 1986-87, quantities of waste being brought to the existing landfill have been calculated based on daily and weekly truck counts repcrted by the collection contractor. The weight of the garbage was calculated by assuming an on-truck density of 500 pounds per cubic yard, which is typical for the type of waste and equipment involved. The estimated amount of waste brought to the landfill for each time period in both years is shown below: Time Period, 1932-1983 May 15 to July 1 July 1 to Aug. 31 Sept. 1 to Oct. 15 Oct. 15 to May 15 Year ly tota i Wee~lY Waste Load tons/week) 23 38 23 6 Total Wastes Deoosited - (tons) 135 338 135 192 800 tons 33 i ;. , j f f f f 1 i i 1 J I i ~ . i l j i ! I I '- 1 L . I L Time Period, 1986-87 May 15 to July 1 July 1 to Aug. 31 Sept. 1 to Oct. 31 Nov. 1 to May 1 Yearly total Wee~lY Waste Load tons/weekr- 24 40 24 10 Total Wastes Deposited (tons) 192 360 192 250 994 tons Based on both.1982-83 and 1986-87 weekly waste load figures, about 75% of the annual waste deposited at Fishers Island's landfill is generated during the summer months (May 15 - October 15). Over the past four years, waste quantities have increased from 800 to 994 tons per year (a 24% increase). ~~,. The amount of wastes placed in the gun pits yearly is estimated to be one third of that deposited at the landfill, or about 270 tons per year. This estimate is based on measurements made by LKB during site visits, and on conversations with members of the FIGRD. Disposal at the gun pits is apparently highly variable, occurring frequently during the spring through fall and relatively infrequently during winter. Remaininq Capacity of the Existinq Landfill -- A trench approximately 160 feet by 28 feet deep is presently used for waste disposal at the existing landfill.... Because much of the existing landfill area has already been utilized, a limited area remains for construction of additional trenches. The trench-and-fill method of landfilling can probably only be utilized for another few years. The remaining capacity of the existing landfill cannot be more precisely determined because there are no records of where previous trenches were placed. Test holes would have to be drilled to determine if and where an additional trench can be placed without unearthing previously buried wastes. The solid waste management study reviewed several long-term waste disposal alternatives, many of which were eliminated from serious consideration due to various constraints. Those alternatives reviewed in more detail considered "technological feasibility, short-and-long-term costs, potential environmental impacts, and their ability to meet the regulatory requirements and constraints of the Island setting." Based on these variables, the study recommended the purchase of a modular incinerator for combustible solid wastes to be installed at the existing landfill site or at the gun pit area. The plan also recommended purchase of a wood chipper to process wood debris in place of open burning. Based on this recommendation, the FIGRD has decided to buy two incinerators which each have a capacity of 15 tons of waste per day. Installation of the incinerators in the gun pit area has been approved by the NYSDEC but approval by the Federal Aviation Administration is pending. FIGRD is now in the process of: surveying the area, conducting an environmental impact study which includes testing for the presence of fresh groundwater due to the potential for contamination, and researching financing alternatives. The FIGRD also plans to separate wastes, recycle, and install a wood chipper. Installation of this new equipment is expected for 1989, thus, landfilling activity at the landfill site will not continue longer than the term of the lease. The FIGRJ is seeking a grant to help pay for the costs of closing the landfill. 34 . i ! f .- I , . f I r ) I J . J 1 1 I '. J L . j L l l I L I L The new incinerators, with an estimated purchase and installation cost of $1 . million, will have a combined capacity of 30 tons per day or 210 tons per week which far exceeds the current peak summer waste load of about 6 tons per day (and 10 tons per week in winter). <--~~.. ~ " 35 4 ~ f r , J . ~ 1 r f I J 1 J J I . 1 i t j I I I. I L I ~ 1- I I . 5. ELECTRIC SYSTEM* Fishers Island obtains its electric power by an underwater cable from Connecticut. Prior to 1967, the Fishers Island power plant served the Island but is now used only as an emergency back-up system with a 1,100 KW capacity. This back-up system would be adequate for most of the year, since between October and May of 1986, average peak demand was about 845 KW. However, during July, August and September of 1986, KW peak usage reached 1,580, requiring a source of additional power.- Throughout the years, August has always experienced the highest electric demand. The current capacity of the electric system, defined as the peak load which can be accommodated through the submarine cable, is estimated to be 2,500 KW. Fishers Island reached a 1,668 KW peak load in 1985 (in 1986, however, peak load was 1,580 KW), only 67% of capacity (Table 9). This 1985 peak load represents a 23% increase from the 1978 peak load of 1,360 KW. If this seven year growth rate continues, the current electric system should be sufficient for another 14 years. Before the electric system reaches capacity, the Utility Company will research bringing another cable to the Island. The cost of purchasing and installing a new cable could be about $1 million. 6. TELEPHONE SYSTEM* The Fishers Island Telephone Corporation's central office holds a present capacity of 950 lines (telephone numbers), expanded from 760 lines in June 1985. As of June 1987, 832 lines were in use. Between January 1975 and June 1987, 351 lines have been installed, representing a 73% increase (Table 10). 59% of this twelve year increase has occurred in the past five years. The Telephone Corporation attributes a significant percentage of this growth to requests for multiple lines in residential units. Based on the past five year growth rate (excluding 1987) of an average 39.6 additional lines each year, the present telephone capacity could be reached in 1990-91. The Telephone Corporation will decide in the next two years whether to expand its present system or to switch over to a digital system which is more expensive (approximately $500,000) but would have a much greater capacity. . *Source: Fishers Island Utility Compa~y 36 j I . r . 1 f J ,- i f f . 1 J I I J ; ( t l l L L L I L Table 9 ELECTRIC SYSTEM* KWH CONSUMPTION, 1978-1986 TOTAL KWH (in millions) Peak KW Demand (Auqust) 1978 3.52 1,360 1979 3.52 1,424 1980 NA NA 1981 3.88 1,522 1982 3.99 1,480 1983 4.13 1,532 1984 4.13 1,488 1985 4.31 1,668 1986 4.51 1,580 ~--~~~ *Source: Fishers IShand Utility Company " 37 i ; . r . j 'I f 1 f i f ! ; . i t , . i : i j ~ j L l L Table 10 TELEPHONE SYSTEI~ LINES IN SERVICE* Total 1974 481 1975 512 1976 534 1977 537 1978 555 1979 565 1980 586 1981 625 1982 666 1983 701 1984 722 1985 771 1936 823 1987 832 Total Additional Lines Each Year 31 22 .,.~C 3 18 10 21 39 41 35 21 49 52 9 351 Total new telephone lines from January 1975-June 1987: 351, 73% increase. The 1975-1937 increase represents an average of 28.5 additional lines each year. 58% of this twelve-year increase has occurred in the past five years. ! L *A line is defined as a telephone number. Source: Fishers Island Utility Company. 38 r f r f f r J I . 1 I . , f I . . 1 t l L l I L I L 7. FISHERS ISLAND SCHDDL DISTRICT The Fishers Island School, constructed in 1972, is designed for an enrollment of up to 135 students. Since 1972, enrollment has dropped 32%. 47 students will be enrolled in preschool through twelfth grade next year (see Table 11) and the faculty is comprised of twelve full-time and two part-time teachers. It is estimated that the current staffing could support at least double the current enrollment, but there is no expectation that the school population on Fishers Island will increase significantly since enrollment has remained fairly constant for the past nine years. The school hopes to expand its enrollment, however, by encouraging students to attend from Southeastern Connecticut. The School 'District's 6.4-acre site includes outdoor facilities (tennis courts and a basketball court) and a four lane bowling alley leased by the Island Peoples Project (IPP). The School District also has a 3.8-acre site for faculty housing, and a 2.1-acre site which is used for ecological study. 8. FIRE DISTRICT* The Fishers Island Fire District, located in a one-story stucco/block building constructed in 1965, houses five vehicles and contains a meeting room. The Department currently has two pumper tankers, both with a 750 gallon capacity and 1,000 gpm pumps; one converted army truck with a strong pump, a fast attack truck, an ambulance and a fully equipped ambulance boat. (The Fire District's equipment capacity is adequate for Fishers Island's current needs.) For fire and rescue purposes residents dial Groton, Connecticut which activates the base unit and contacts fire department members through two-way radios. The Fishers Island Fire District utilizes the hydrants of the Fishers Island Waterworks system, but does not depend exclusively on them because of inadequate pressure. The Fire District brings tanker/pumpers and the army pump truck to fires and pumps from available bodies of water as needed. The problem of inadequate pressure has recently been improved by the installment of an automatic control system which triggers a pump at the treatment plant's clearwell, reserved for fire use. --~~ ~ *Excerpt from the Maste~ Plan Update, Backqround Studies, Town of Southold, 1984. " 39 i f f f r f .t J I J I i l l L L I '- ! L Table 11 FISHERS ISLAND SCHOOL DISTRICT ENROLLMENT* Enrollment 1972-73 111 1973-74 101 1975-75 99 1975-76 95 1976-77 77 ... 1977~78 75 1978-79 69 1979-80 47 1980-81 42 1981-82 47 1982-83 49 1983-84 47 1985-85 42 1985-86 47 1986-87 47 1987-88 47 Percent Change, 1972-1987: -32 *Source: Fishers Island Union School. Beginning in 1982-83, these figures include a new pre-kindergarten program. 40 I I . r 1 } > f f 1 r f r . i i 1 . I . j t . i ! J '-- t 1 I I G. NATURAL ENVIRONMENT The natural environment is an important element of Fishers Island's unique character. Any future development on the Island should be evaluated in context with its impact on, and the constraints of, natural features. The following section provides an overview of the geology, soils, landscape features and wildlife of Fishers Island. The soils are discussed in terms of their suitability for development, and the sections on landscape features and wildlife discuss the importance of their ecological roles. A final section reviews existing environmental regulations relevant to Fishers Island; these include wetland, floodplain and coastal erosion zone regulations. Special permits are required before any development can occur in these regulated areas since certain types of development are prohibited. The natural resources maps prepared for this study (Figures 8, 9 and 10) delineate areas with development constraints and significant natural features. Specifically, these maps show ponds, wetlands, dunes, beaches, steep slopes (over 15%), high groundwater, impermeable soil (unsuitable for septic), areas with rapid soil percolation (where septic systems sited near wetlands can create a pollution hazard) and significant wildlife habitats. Wetlands regulated by the New York State Department of Environmental Conservation (NYSDEC) are highlighted on the natural resources maps, and floodplains and coastal erosion zones are delineated on a separate set of maps (Figures 12- 14) . ~-~~- ~ ., 41 " " ", t-lgure ij NATURAL RESOURCES " .' (2;] POND/WETLAND . l......t.. "'I_latt..., thot "'SOte ill BeACH IOUNE m STEEP StOPE c:J HIGH GROUNOWATER c::J IMPERMEABLE SOIL ";".., o RAPID SOIL PERCOLATION co SIGNIFICANT WILDLlFE HABITAT _C......."...IU1hbl.1Zl""l'O..t. .' .' .!"~. ).'. ,..J 'j .<:~':/ ," J~.':~:' tr.~ .' \.)",.' "> l " r--------~_._------ -~--~--_.- FISHERS ISLAND I __~EST E~~j " ." , .--,..,_., u',''''_'''O"' ,0<._....,......"''',0< '.,'.""......."..,... r'lrLJ L IS~"ItD ,tOct( 42 Figure 9 NATURAL RESOURCES !'ISH!I" "(JlND SOUND lI2] POND/WETLAND . lftCl.u'....9vlotl...brl...n5DEC ,."..... "., o BEACH / DUNE ~STEEPSLOPE D HIGH GROUNDWATER D IMPERMEABLE SOIL o RAPID SOIL PERCOLATtON m SIGNIFICANT WILDLIFE HABITAT _.c"'"......~.tohbl.ll1.._.'. " " , " " .' " " " \~~~ ", .' [i..[4 J' FISHERS EAST ISLAND END 1 43 I SOVIlD NATURAL RESOURCES (!:) POND/WETLAND . '..tIc.... ..~"1at'O" b, tho HT'SC!C .' IS'- o BEACH f DUNE IY3 STEEP SLOPE o !'IGtl GROUNDWATER .' .' ." D IMPERMEABLE SOIL o RAPID SOIL PERCOLATION OJ SIGNIFICANT WILDLTFE HABITAT _..co.....r>o..ht.l.bl.ll'.........t. --~---i-----._-- -~-~-~- -- I ,-.......'.. I ;,;' I " "0'" "",.- '0 ", ,.' f,- t"-" L: <.- ~ . ~o~ ~ r---- I j, i ,,_. ,..~," ~.c ". .<'<.-.."'''....."..,.,.. FISHERS EAST ["i..[4 j' Figure 10 .' ~O.) ISLAND END 2 44 r ..1 1 r r i- f I I I I I I 1_ L L L L L L L 1. GEOLOGY/SOILS The surficial geology of Fishers Island consists of glacial deposits formed by Southern New England's last Pleistocene ice sheet. The Island's uneven landforms are typical of morainic (glacial) deposits which range from sandy, gravelly and bouldery fill, to stratified sand, silt and clay deposits. There is no evidence of bedrock outcrops on the Island and bedrock is generally assumed to be at_a depth of greater than 200 feet. The major soil group of Fishers Island is the Carver-Plymouth-Riverhead association which consists of deep, rolling, well-drained, coarse textured soils on moraines. The sandy texture and steep slopes makes most of this association poorly suited to farming, and slope is the limiting factor to using the soils as building sites. Native vegetation on these soils consists of white oak, black oak, pitch pine and scrub oak. Minor soils of the island include Haven and Montauk soils, which are also well drained and found on upland flats. Other land areas have been classified by the Soil Conservation Survey as beaches, cut and fill land, escarpments, gravel pits, tidal marshes and a soil of the Bridgehampton group (see Figures 15 and 16 in Appendix A). Table 13 in Appendix A lists each soil series on Fishers Island and the soil's characteristic depth to seasonal high water table, permeability, septic field limitation and limitations for homesites. Following Table 13 is an explanation of its categories and ratings, and Figures 15 and 15 show the boundaries of each soil series. According to Table 13, beaches, muck, tidal marshes, sandy fill land with high groundwater and steep slopes (15-35%) all have severe limitations for use as septic fields or home sites. Due to slow permeability, Montauk sandy loam soils have limitations for sewage disposal fields. Those soils with rapid permeability, however, such as Carver, Haven, Plymouth and Riverhead, pose a pollution hazard if located near a well, pond or stream. The natural resources map delineates all beaches, dunes, freshwater and tidal marshes as well as areas with high groundwater, steep slopes, slow and rapid permeability, all of which pose certain constraints for development. --~ . , 45 f f r f r f I I I I t l l L L L I L L I '- 2. LANDSCAPE FEATURES Fishers Island has significant coastal landscape features including beaches, dunes, bluffs and tidal wetlands, as well as inland environments of freshwater wetlands, a transition shrub community and upland forests. a. Beaches, Dunes and Bluffs Beaches are sandy, gravelly or cobb ley areas between water at mean sea level and dunes or escarpments. Vegetation in the beach environment is very limited. Fishers Island has several beaches, especially along the southern coastline. .H- Dunes are wind deposited mounds of sand located landward of beaches, usually supporting a stabilizing growth of beach grass. Other common plants in the dunes are beach plum, beach pea, poision ivy and sea rocket. The southwestern shoreline of Fishers Island has a long stretch of dunes. Beaches and dunes should remain undeveloped to provide protection from storms and high tides. Bluffs are a common coastal feature along the Fishers Island shoreline. Bluffs with a slope exceeding 35% are labelled as escarpments by the Soil Conservation Service. They are steeply sloped landforms composed of glacial till, devoid of vegetation, and subject to erosion by wave action. Due to steep slopes and high erosion rates, bluffs are not suitable for development. b. Tidal Wetlands* Tidal wetlands, or salt marshes, are grassy coastal floodplains which contain, or are periodically inundated by, salt or brackish water. Tidal wetlands...are an important coastal resource which perform the following functions: - Marine Food Production. Tidal wetlands are one of the most productive ecosystems in the world; they have a very high concentration of nutrients. Two-thirds of all commercially harvested fish and shellfish depend on the marsh-estuarine system at some time in their life cycle. - Wildlife Habitat. Tidal wetlands are important as breeding, nesting, and feeding grounds. - Flood and Storm Control. Tidal wetlands serve as a natural buffer, protecting upland and developed areas from storm tides and absorbing wave damage. . Recreation. Tiuctl wetlands provide many opportunities for hunting, fishing, birdwatching, etc. Pollution Control. Tidal wetlands serve as an important basin in which some organic pollutants are chemically and biologically converted into useful nutrients. *Excerpts fro~ the Master Plan Uodate, Background Studies, Town of Southold, 1984, by Ray~ond, Parish, Pine & Weiner', Inc., except where noted in parantheses. 46 r l r f r 1 r I I j I t I t , i t I L I L L I Sedimentation. Tidal wetlands absorb silt and organic matter, which otherwise would obstruct channels and harbors. Tidal wetlands have been defined in the New York Environmental Conservation Law...as "those areas which border on or lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters..." Specific zones within tidal wetlands are further defined by the types of vegetation they support. The vegetation in a tidal wetland is determined by elevation and the frequency with which tidal flooding occurs. The lowest portion of a tidal wetland, which is below mean high tide and is flooded daily, is dominated by salt marsh cordgrass (Spartina alterniflora). The upper slope, which may be flooded ten days out of the month, is dominated by salt marsh hay (Spartina patens) and spike grass (Distichlis spicata). The highest elevation within the tidal wetland, which is flooded only during storm tides, is dominated by black grass (Juncus gerardi). Other common plants in the high marsh area include cattails (Typha latifolia and T. angustiofolia), groundsel bush (Baccharis halmifolia) and the reed, Phragmites communis. Phragmites, a common reed which is often associated with disturbed or altered wetlands, is usually abundant in areas which have been built up above the mean high tide level, or in areas with limited sources of salt water. NYSDEC has inventoried all of New York's tidal wetlands and classified them according to the type of vegetation they support. (Development within each type of tidal wetland inventoried by the NYSDEC is subject to regulation under the Environmental Conservation Law (see Regulation section and Appendix B)). These wetland classifications are as follows: Intertidal Marsh (1M) - this is the area generally lying between the daily tides. It is dominated by low marsh cordgrass and produces the most primary nutrients. Coastal Fresh ~ - these areas are uncommon in New York, and are found primarily where freshwater run-off is backed up by daily tides. They are usually bordered by rushes, cattails, and brackish water cordgrass, as well as by pickerel weed and marsh roses. This type of wetland is highly productive and has extremely high value for wi ldl ife. ~~---::---~ Hiqh Marsh ~[Salt Meadow (HM) - this wetland zone is generally above the daily tidal flow, and is regularly flooded about ten days out of the month, and during storm tides. The high marsh is dominated by (salt meadow grass and spike grass). It is moderately productive, has some value for wildlife, and forms an important buffer bet~cen uplands and estuarine waters. Coastal Shoals, Bars and Mudflats (S~ - these include areas that are exposed at low tide and are not covered with rooted vegetation. However, this zone may merge with normally flooded, shallow waters , which support widgeon grass and/or eel grass. 47 r f f f f I I I 1 J t t l l l L '- I Inshore Waters (Littoral Zone - LZ) - consists of shallow bay bottoms, less than twelve feet in depth at mean low water. These areas support eel and widgeon grasses and are highly productive and of great value to waterfowl. Inshore fisheries are largely dependent on the littoral zone. and it provides the finest shellfishing. Formerly Connected Tidal Wetlands (FC) - are wetlands which have been partially shut off from normal tidal flows or are in the process of being shut off. The original marine plant community still dominates. although the zone may be lightly infilitrated with the common reed. These- areas remain a part of the marine food web. ...On Fishers Island. the primary marsh areas are located near Hay Harbor and West Harbor. particularly in the peninsula are~s where both intertidal and high marsh or salt meadow areas can be found. The harbor areas themselves are classified as littoral zones...Some intertidal marsh is also located along Barleyfield Cove. Chocomont Cove. East Harbor and Beach Pond. There are also two sections of formerly connected tidal wetlands on Fishers Island. the larger one north of Barlow Pond and the smaller one near East Harbor. Coastal shoals. bars and mudflats are found in the coastal waters surrounding most portions of the Island. The largest exception to this is the area on both sides of the Ferry dock on the western portion of Fishers Island. The natural resources map deliniates tidal wetlands identified by the NYSDEC. c. Freshwater Wetlands* Freshwater wetlands...perform a variety of ecological roles; (they) are a major factor in flood control. acting as a storage basin and reducing flood crests and erosive capacities....are vital to the hydrologic cycle in that they help to recharge groundwater. and also act as natural pollution control systems by filtering out many potentially harmful materials. Freshwater wetlands are also an important component of food webs, and they support a diversity of plants and animals. Freshwater wetlands which encompass at least 12.4 acres are state-designated wetlands, and are currently subject to regulation by the NYSDEC (see Regulation section). The State definition of a freshwater wetland is based on vegetation, with various species of trees. shrubs. emergent vegetation. floating vegetation. etc. considered wetland indicators. (Appendix C includes the NYSDEC definition of freshwater wetlands (Article 24). which specifies the varieties of plants that may be found.) (The NYSDEC has identified the freshwater wetlands greater than 12.4 acres on Fishers Island as:) three interconnected areas south of Peninsula Road and west of Isabella Beach (Wilderness Point); areas within and in proximity to Barlow Pond, Middle Farms Pond and Treasure Pond; an area on the eastern end of the Island near southern portions of the golf course. *Excerpts from the Master Plan Update. Backqround Studies, Town of Southold. 1934, by Raymond. Parisn, Pine & Weiner, Inc.. except where noted in parentheses. 48 r f r r J I I I I I I I I L L I d. Upland Veqetation* Fishers Island is covered primarily with young deciduous forest, grassy meadows and substantial areas of cultivated grass lawn. The Island was nearly clear-cut for grazing in the late 19th century, but in recent decades many areas have been allowed to undergo reforestation. The prominent tree and shrub species are Norway Maple, Red Maple, Black Locust, Yellow Birch, Black Oak, Sour Gum, Black Cherry, Sumac, Sassafras, Bayberry, Autumn Olive, Sycamore Maple, American Beech and White Oak. In some areas, vines, primarily Bittersweet, have grown up through the forested areas.... The Island supports comparatively few coniferous species, of which very few or none appear to be native to the Island. The conifers...include severa 1 imported ornamenta 1 s, hemlocks, severa 1 Norway Spruce, red cedars and pitch pines . Throughout the forested areas and fields are...many types of herbaceous vegetation, including numerous ferns, Burdock, Coltsfoot, Jewel Weed, Queen Anne's Lace, Black-eyed Susan, Rabbit's Foot Clover, and Wild Rose. There are several meadows containing primarily species such as Bluestem, Little Bluestem, Switchgrass, Timothy, Red Top, Orchard Grass Indian Grass and Cord Grass. (Refer to Hammer, Plants of Fishers Island (1940) and St. John, Additions to the Flora of Fishers ISland (1941) for more detailed listings.)) Cultivated lawns comprise a significant portion of the Island, including two golf courses, a golf driving range and many public and private lawns. ~.:....,::::~ --+: ~ , *Excerpt from AR Lombardi Associates, Wastewater Facilities Plan, 1981. (Scientific names have been deleted.) " 49 1- i- / ,..'- UPLAND ( r .....; " ','f _ . ' (( -" ) , ( ,(f~O,I.AWOS', '\) {'f ,r { , II j ( ."\' , ~"~"f,~','-(l ;;j[r~I'.'~1~1{~~;i . 1 ',.o:u..,. ...,......, \1 ;-: j~ .~~k;; -- \'/J'~_~llr~1 en o GLACI." ~lrT -. THOff (-.. - , ,-- '~'-'" , ",~- .......- - ~ ~'-'" --....~ "'-"1 SAl.T MARSH UPLAND 1lO~(R Hlc,li IolARSH _. -, - INTERTIDAL ZONE BARRIER IIUot ""'" IHT[A- ,,,,"- ZONE lONG ISLAND SOOND .."" - f , S,lL1W&Ol!W (.OOl)GllAU \~,.."" y'" CU"O(;AI.S5 l.....h . I~,[JII' fl>llM1 \ \ '." ""'1\ ,,,:"'. "-":~'1"'I":'I\ '1"I~"(lI;. 1'1' Y", .,') 'l '1' ". . ~A""f <ow MARSH WlJDfl...AT """'. Source: Connecticut Derartment of Environmental Protection, Lonq Island Sound: An Atlas of Natural Resources. 1'1',1,1 SoAll_TU (~(JU," \ ..... - \ ... ..... -- ~\."\ \ I" I : , -'.. - \OW Tltl( IoII.o\RII<l[ SEOI"'ENts 1 Figure 11 COASTAL PLANT COMMUNITY CROSS SECTION f I f r f t r f j 1 l 1 , f ; l J J L .l 1 L , --- 3. WILDLIFE The different natural environments on Fishers Island support a variety of wildlife. The most common mammals on the Island are the eastern cottontail and the raccoon, both of which are found in a variety of habitats, including woods, wetlands and dunes. Gray squirrels are common and found mostly in woodland areas. Other mammals include white-footed mice, bats and muskrat. The most common freshwater fish in the Island's ponds are bullheads, perch and bass. The numerous saltwater fish and shellfish species include flounder, blackfish, butterfish, lobsters, clams and crabs. The rich variety of bird1ife on Fishers Island includes nesting and migrating species of shorebirds, wading birds, raptors, waterfowl and perching birds (Table 12 lists locations which support bird1ife). Late spring and summer breeding birds include yellow-crowned and black-crowned night herons, great and snowy egrets, osprey, virginia rails, gulls, common terns and piping plovers. A great number and diversity of birds inhabit Fishers Island during the winter months: loons, grebes, comorants, swans, mallards, black ducks, scoters, margansers, hawks, gulls and owls. A 1975 publication entitled Fishers Island Birds lists all species sited between 1970-75, as well as their distribution and frequency of occurance. The NYSDEC has compiled a list of wildlife in New York State that is endangered, threatened or of special concern. "Endangered" species are defined as those in danger of extirpation or extinction. The least tern, found on Fishers Island near Money Pond, is listed as an endangered species. The NYSDEC defines those species which are likely to become endangered within the forseeable future in New York as "threatened." Threatened species on Fishers island include the osprey, northern harrier, piping plover and common tern. The piping and least tern inhabit undisturbed rocky beaches on the eastern part of the Island; since there are few undisturbed beaches, only a few locations are suitable for their habitat. Only one piping plover was sited in 1984, and none have been seen since. The ospreys have eight active nests on the Island: the Navy Station, Oyster Pond, North Hill, Chocomont Hill and four locations on Middle Farms Pond. The osprey are considered threatened since their population ~~~ujn the United States declined significantly in the 1950's, due to toxi~~hemica1s ingested from agricultural runoff and municipal wastes. - The NYSDEC's category of."specia1 concern" species include those which are not yet endangered or threat2ned but documented concern exists. S~e~,~s of special concern on Fishers Island are the spotted salamander, the migratory short-eared owl and common night hawk. The NYSDEC considers the nesting colonies of the common tern, herring gull, least tern and great black backed gull as significant wildlife habitats. Table 12 indicates specific locations of these nesting colonies on Fishers Island. 51 r r r f f I j 1. I I J t_ t I L L l L I ~ I I I L Table 12 WILDLIFE HABITATS 1. RACE POINT POND - migrating shore birds, nesting birds in nearby thickets, migrating hawks (fall), ducks, striped bass and bluefish fishing spot 2. SOUTH BEACH - nesting oyster catchers, migrating shore birds, water ducks (golden eye, merganser, wigeon), spotted salamanders 3. THEATER. POND - egrets, nesting mallards, nesting Virginia rails 4. SOUTH BEACH POND - ducks, rails, swans, herons 5. STONEY BEACH - nesting common terns, oyster catcher nests, herring gull nests, black backed gulls 6. EQUESTRIAN AVENUE MARSH - herons, barred owls, ducks 7. MUSEUM POND - green herons, black-crowned night herons, migrating warblers 8. HAY HARBOR PONDS - ducks, herons, rails g. WESTERN CRESCENT AVENUE WETLAND - herons, winter ducks, osprey nest 10. NORTH HILL PONDS - green winged teals, mallards, black ducks, swans, gadwalls, egrets, migrating shorebirds 11. CRESCENT AVENUE PONDS - ducks, herons, geese, swans 12. VALENTINE POND - goldfish, black-crowned night herons, nesting green herons, mallard breeding area, migrating warblers 13. NAVY POND - rails, migrating ducks, osprey nest 14. WILDERNESS POINT (maple swamp) - rails, ducks, herons, striped bass and bluefish fishing spot --,~,~ 15. PENINSULA MARS~" seaside astors, fiddler crabs, ribbed mussels, herons, winter ducks in Darby's Cove, swan nesting site on Goose Island Ie. BRICKYARD WOODS - migrating warblers, tanagers, nesting wood thrushes, veeries, red-tailed hawks, spotted salamanders 17. TIDAL MARSH NEAR BRICKYARD WOODS - shallow pools used by herons and egrets 18. BA~LOW POND MARSH - heron rookery 52 r . i J . r , 1 J r t f I . i j . ~ l i 1 i 1 I ! '-- I L I L 19. ISLAND POND - goose nesting area, popular winter birding spot, osprey nest 20. BEACH POND AREA - nesting oyster catchers, nesting least terns and piping plovers, migrating shorebirds and hawks 21. MIDDLE FARMS POND AREA - nesting and feeding ospreys 22. MAPLE SWAMP - migrating warblers, redstarts nest 23. CHOCOMOUNT MARSH - nesting barred owls 24. NATURE CONSERVANCY PARCEL - green-winged ~gals, black ducks, mallards, -egrets, loons 25. HUNGRY POINT ISLANDS - nesting double-crested cormorants, harbor seals (during winter) 26. BARLEYFIELD COVE AREA - black ducks, swans, geese, herons, green-winged teals, blue-winged teals, gadwalls, wigeons, buffleheads (winter), hooded mergansers, migrating shorebirds, migrating warblers, red- tailed hawk nest, popular fishing area 27. GOLF COURSE NEAR WRECK ISLAND - ducks, swans, geese 28. ICE POND, MUD POND AND MONEY POND AREA - nesting osprey, nesting oyster catchers, migrating shorebirds, migrating warblers, green-winged teals, blue-winged teals, black ducks, nesting willow flycatchers, least terns, nesting geese and swans, killdeer 53 r i j f f f J f f f l , I I. l f. l l l. i L , I ! L 4. ENVIRONMENTAL REGULATIONS a. Tidal Wetlands Use of tidal wetlands is regulated by the New York Environmental Conservation Law (NYCRR Part 661). The purpose of the law is to: allow only those uses of tidal wetlands and areas adjacent thereto that are compatible wit~ the preservation, protection and enhancement of the present and potential values of tidal wetlands, that will protect the public health and welfare and that will be consistent with the reasonable economic and social development of the state. (Section 661.1) Appendix B (Section 661.5 of the Law) specifies which uses require permits within each tidal wetland classification. The following summarizes the types of development restrictions within and adjacent to tidal wetlands. (Adjacent areas are within 300 feet landward of the wetland or mean high water line, or: up to a 10 foot elevation, to the top of the adjacent bluff or cliff, or up to the nearest parallel road or bulkhead.): - Minimum setback of 75 feet from the landward edge of a wetland for all buildings and structures in excess of 100 square feet and impervious surfaces (roads) in excess of 500 square feet; - Minimum setback of 100 feet for anyon-site sewage disposal and minimum of 2 feet between the bottom of such pool, tank, field or pit and the seasonal high groundwater level; Not more than 20% of an area adjacent to a wetland can be covered by impervious surfaces. A public hearing may take place to review the permit application. The NYSOEC will issue a permit for a proposed regulated activity only if it is determined that it is compatible with the policy of the Act to preserve and protect tidal wetlands. The Tidal Wetlands Act allows a reduction in property tax valuation if a land use is restricted due to a tidal wetland designation. b. Freshwater Wetlands Under freshwater ~t-19nds regulations (Article 24 of the Environmental Conservation Law), ~1ffollowing activities are subject to regulation if within 100 feet of a State designated wetland (at least 12.4 acres in size): drainage, dredging, excavation or removal of material any form of dumping, filling or depositing - erecting any structures, roads, the drilling of pilings, or placing any other obstructions any form of pollution The NYSO~C presented their preliminary freshwater wetlands maps to the Town of . 54 f f f f r I J f I '. f I I I I I Southold and public at a hearing in the summer of 1984. The NYSDEC encouraged localities to identify those freshwater wetlands under 12.4 acres which have unusual local importance, and to present a petition to the State to include these on the wetlands maps. A petition has been presented to the NYSDEC to include a few small wetlands on Fishers Island. The natural resources map prepared for this study identifies many small wetlands in addition to those regulated by the state. Since these smaller wetlands provide significant ecol09ical benefits to the Island, they receive the same protection accorded to larger wetl?nds under the Environmental Conservation Law. Due to limited staff, the NYSDEC has been unable to fieldcheck all those wetlands recommended for inclusion on the NYSDEC map, however, the NYSDEC anticipates that the maps will be finalized in Pall 1987. Before these final maps are adopted, the NYSDEC can still regulate the proposed wetlands desi9nations. The final maps will formally classify all of Fishers Island's designated freshwater wetlands (Classes I-IV); the classifications will determine the standards which must be met for permit issuance. The Town of Southold adopted a wetlands protection ordinance in 1978 (Chapter 97, Code of Town of Southold) in accordance with NYSDEC's freshwater and tidal wetlands laws. Although not as specific as the State laws, this ordinance requires a permit for activities on any tidal wetland or State identified freshwater wetland. In granting, denying or limiting any permit, the Southold Town Board considers the proposed activity in reference to: - minimizing damage from erosion, turbidity or siltation saltwater intrusion loss of aquatic wildlife and vegetation - minimizing flood, hurricane and storm dangers - the protection of wetlands for conservation, economic, aesthetic, recreational and other public uses and values. The natural resources maps show those wetlands currently regulated by the NYSDEC and the Town. c. Flood Hazard Areas The National Flood Insurance Program (NFIP) publishes Flood Insurance Rate Maps (FIRM) which indicate flood elevations and flood hazard zones for insurance rating and floodplain management purposes. The FIRM maps for Fishers Island were revised on October 1, 1983 to incorporate the boundaries of coastal barriers as mandated under the Coastal Barrier Resources Act of 1982." . The Town of Southold has a floodplain management ordinance which meets the minimum standards set forth by the Federal Emergency Management Agency (Chapter 46, Code of Town of Southold, 1980). As a member of the NFl?, Southold also requires permits to be obtained for all proposed construction within the 100-year floodplain, to minimize flood damage. In return for providin, a floodplain management program, the federal government makes flood insurance available. 55 f i r r f j f f J J 1 f ! 1 t t '- l L l I '- Southold's floodplain ordinance does not prohibit construction within the floodplain, although specific standards for construction are required to obtain a development permit from the Building Department. The Zoning Board of Appeals decides on applications for variances from these requirements. The regulated coastal zones maps for Fishers Island (Figures 12, 13, and 14) delineate the 100-year floodplain boundary, which extends to an elevation of 10 feet. A 14-acre area landward of South Beach and the land between Island Pond and Beach Pond is designated by the NFIP as an undeveloped coastal barrier where"flood insurance is not available after October 1, 1983 for newly built or improved structures. Coastal barrier resource areas are determined to be hazardous areas where the risk associated with new private development should be borne by the private sector. The floodplain boundary on Fishers Island's West End is often within 50 feet of the shoreline. There are several locations, however, where the 10 foot elevation extends much further inland. These areas are: The Fort Wright area, including Elizabeth Airport, South Beach, and Theatre Pond, extending inland up to 1,400 feet. The built up area west of Silver Eel Pond Harbor, including the buildings owned by the Ferry District and the multiple use storage buildings. - Stoney beach, which forms the northwest border of Hay Harbor. - The tidal wetland areas south, north and northwest of North Hill. - The marsh area north of Madeline Avenue. The Yacht Club. - The elbow, neck and northeast portion of the Peninsula (several existing houses are in the area). The large wetland area at Wilderness Point. Island Pond and Beach Pond vicinity - Pond anJ'~asta 1 area east of West Harbor Ponds near Cocomount Beach Golf course between East Harbor and South Beach ". Barleyfield Cove Pond Ice, Mud and Money Pond vicinity - Pond east of East Harbor and wetland east of Club House With the exception of the area near Silver Eel Pond Harbor, the Yacht Club and the Peninsula, there are not many structures within the floodplain, however, many houses are bordering the floodplain boundary. 56 f r f f r f j 1 , t . J I { l I t L I l_ d. Coastal Erosion Hazard Areas The Coastal Erosion Hazard Areas Act, Article 34 of the Environmental Conservation Law, was enacted in 1981 as part of a comprehensive coastal management legislative package. As mandated by this Act, the NYSOEC has identified and mapped coastal erosion hazard areas (on 1" = 200' aerial photos), and regulations for development in these areas have been adopted (March 1983, NYCRR Part 505). The NYSOEC has made amendments to these preliminary maps and regulations, which are expected to be adopted in the summer of 1987. After the maps and regulations have been finalized, each town will have the opportunity to adopt a local erosion management ordinance to implement the policies. If the local government or county decides against regulating erosion hazard areas, the NYSOEC wi~~ take this responsibility. Coastal erosion areas, as mapped by the State, are reflected on the regulated coastal zones maps (Figures 12, 13, and 14). Erosion hazard areas are defined as shorelands having "an average annual recession rate of 1 foot or more per year" (structural hazard areas) and natural protective features such as beaches, bluffs, dunes, or wetlands. Erosion area permits are needed for regulated activities specified in the Act. These regulated activities are the "construction or placement of a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumpin9, mining, dredging, filling, or other distrubance of soil." Regulations vary for structural hazard areas and each type of natural protective feature. The coastal erosion area boundary typically extends about 50 feet inland, similar to the floodplain boundary, however, the coastal erosion boundary is closer to the shoreline in many areas, thus encompassing less land than the floodplain. There are only a few existing structures within this boundary. I L_ I L ; 57 , " .' " Figure 12 REGULATED COASTAL ZONES l ,,' IT'] FLOOD HAZARD AREA ~ COASTAL BARRIER 53 COASTAL EROSION AREA ~ fLOOD HAZARD AND COASTAL EROSION AREA .,.." " .' '. .' .. " ." . -""'~'" ~"."'~"'^" '.....00....".......,,"..0( -- - ~----- FISHERS -isLAND I WEST END r-u--i J' ~- ." ,., 'LOCK 58 =-7 nn !; I ~ --.- -. rn [J EJ 0 ()J) . om '. n' 8 n . )>G) o~ 0 0 C/le ,a , ~ .0 ~ 0 --<r "0 ~ 0 , ~ x )>)> ~x m , r--< . m' . ~ " Nm ." , a' 0 . . ~El . . 0 00 6 ;;; , ~~ z . . Z , m m 'a . , C/l ---- . . m ~~- m , , :g: ~ ~ "'T1 - (j) I mm )>JJ (j)(j) -I m(J) .z j;: Oz .....J..O -, "'. .., .... <: .. lD - ... I _1 J $ou/lO REGULATED COASTAL ZO NES o FLOOD HAZARD AREA t:;'J COAST:AL BARRIER E3 COASTAL EAOS ION AREA LW FLOOD H COASTAL ~ZAAO AND ROSION AREA 'Sl.~O ! 1 1 I ___---------L... <.' f l'i~ I I ! I I ',."., i ! , I u-,,1- ,- ....., 'o~' '-,,:} '0 . Sl~~O .1 , f .~ " .. L':: ~ ~ _"I,..v, V'iil . I ) ~lDG" !I ~~":~~::~<~.:'::~:'., ru-i 4' _ NI FISHERS . EAST I ISLAND END 2 I I-~ i -r' ~--+-- " " , 60 figure 14 \ r r r r r r J I I I t L l l L L L . 5. OPEN SPACE PRESERVATION Due to the continual growth that Fishers Island has experienced over the past twenty-five years, residents should identify and protect those elements of the natural environment that contribute to the Island's quality of life. Many of the Island's natural attributes--the waterfront, wildlife habitats, ponds, wetlands, watershed lands and scenic areas--are important components of the Island's ecological significance and unique character. As part of tHis study, many of the Island's natural resources have been identified and mapped. In addition, those areas where development is restricted, due to environmental regulations, are also delineated on a set of maps. These natural resources and regulated c1iastal zones maps, combined with the land use and ownership maps, have been used to analyze preservation opportunities. Based on this analysis, a final set of maps, not included in the report (but on file with the Civic Association) deliniate lands recommended for further protection. The preservation strategy maps show areas which are presently protected through conservation ownership or deed restrictions and areas where outright acquisition or use of easements by the local land trust could serve as a protection mechanism. The following sections give an overview of the alternative methods which can be used for preserving land. a. Environmental Requlations As discussed in the Environmental Regulation section, New York State has laws which restrict building activities near tidal and freshwater wetlands and in areas identified as coastal erosion zones. Permits must be obtained for any development activities in these areas. Development in floOdplains is not prohibited but must conform to specific building standards to lessen the impact of any potential flood. Areas within a floodplain's coastal barrier zone designation, however, as shown on the map, are not eligible for flood insurance, so any construction is unlikely in this zone. Privately owned property within a regulated area is not assured protection from development unless the land is periodically monitored and any violations are reported to the New York State Department of Conservation and the Town of Southold (see Appendix D). The Fishers Island Museum Land Trust or Conservancy may want to take on the role of monitoring these lands subject to regulation. In some cases, the Land Trust may want to provide additional protection to these regulations through acquisitions; i.e. the State's required setbacks may not provide adequate protection for some of the Island's important watershed lands and pristine wetlands. Also, in some instances, the regulations are not comprehensive enough, or do not include all resource lands which should be protected. b. Private Initiatives The Fishers Island Museum Land Trust can initiate an active land preservation program by using a myriad of tools available to 501(c)(3) charitable organizations. Conservation Easements--In many cases, where protection of a natural feature on only a portion of a property is n~cessary (particularly when a property is 61 r I f f r r f I 1 I I t L l L l L I . '- L i . '- already built on) or protection of a scenic view is of primary importance, a private property owner can use a conservation easement as a preservation technique. A conservation easement is a contract between a landowner and a nonprofit (such as the Museum Land Trust) or a pUblic entity, whereby the owner agrees to place permanent restrictions on some or all of the subject property. The nature of the restrictions vary to suit the unique characteristics of the land and the purposes of the land trust and landowner. Some easements preclude all development and others allow limited development; the terms of the easement are worked out between the landowner and land trust. The easement is a legal deed restriction which runs with the land and can stay in force in perpetuity, binding all future owners of the land. The recipient of the easement has the responsibility of ensuring that the land remains in the condition prescribed by the easement. In the event of a violation, the terms of the easement ' agreement give the donee an absolute right to enforce the easement and require the landowner to restore the property to its original condition. Conservation easements can be more enforceable, comprehensive and effective than covenants. With an easement, there is third party organization (i.e. the Land Trust) whose sole purpose and responsibility is to enforce the restrictions. The courts also recognize conservation easements and will support a conservation organization's absolute right to enforcement. Finally, most easements are permanent and once granted cannot be abrogated without cause. Covenants can be lifted at any time by consent of the original owner. When a landowner donates an easement to a qualified organization, the IRS will consider this donation a charitable gift, provided that the easement is perpetual and donated "exclusively for conservation purposes". The landowner is entitled to federal and state income tax deductions equivalent to the appraised value of the forfeited development rights. Furthermore~ the landowner may be entitled to estate and property tax deductions. However, if an easement is donated on property with no further development rights then such a donation would not derive tax benefits. Easements are a useful preservation mechanism for lands with natural and scenic significance as well as lands with development constraints such as high groundwater, impermeable soils, and steep slopes which are subject to erosion. FIDCa can also use conservation easements on its properties which are important for open space preservation purposes; on those properties which FIDCa decides to.S~l}, it can use easements instead of the existing covenants to restrict house ~(es to a specific area, thereby protecting public views, wetlands, wildlife~abitats, etc. Also, landowners on the East End could convert their covenants to conservation easements to ensure permanent protection for their laad. Donations and Barqain Sales--In some instances, the land trust may need to pursue outright fee acqusitions where preservation of the entire parcel is necessary to ensure permanent protection of important natural environments, particularly for those lands which could provide passive recreational opportunities. In some instances an outright donation may be possible, but in other '-cases, a bargain sale might be the best technique. 62 r . r f r r ,~ J f I I L i. t L L l I L L , L A bargain sale is a less than fair market value transaction in which a landowner can deduct the difference between the appraised fair market value and the sale price to a 501(c)(3) organization as a charitable donation. For instance, if a 2-acre lot on the West End is appraised at $100,000 and the landowner sells to the land trust for $60,000, then the landowner receives $60,000 in cash and $40,000 as a charitable deduction, which should substantially shelter capital gains taxes and any other ordinary income. In many instances, the combination of cash and tax benefits from a bargain sale will net the landowner the same after tax cash flow as that from a fair market value sale. lf the two acres are important for open space, the Fishers Island Land Trust can set aside the land as a nature preserve. If only one acre is important, then the land trust can place a conservation easement on the area of concern and sell the remainder of the land (to recover its costs) for a housesite (restricted to a location which will'~rotect the resources of concern). Summary--The primary mechanism through which the Land Trust should acquire land and easements is donations. There will be, however, key properties which will need to be purchased, so acquisition funding must be identified. Fundraising from Island residents would provide the most likely source of funding. To provide a constant source of acquisition funding, however, the Island might want to institute a special assessment district or a real estate transfer tax, similar to Nantucket. These techniques are discussed in more detail in the Growth Plan Committee recommendations. In summary, the open space preservation map recommendations provide a guideline for the Land Trust and FIDCO to target preservation opportunities and direct development to the most appropriate areas. Landowners have the option of working with the Land Trust and participating in this conservation strategy. Not only are the maps valuable in identifying Land Trust acquisition opportunities, but they can be used as guidance for appropriate siting of new houses, particularly for FIDCO, which reviews all proposed developments. With careful attention to future development, Fishers Island can maintain its significant natural and scenic resources. 63 f f f r r r I J I I I I l . '. V. CONCLUSION ANO RECOMMENOATIONS A. POPULATION In the last 26 years, Fishers Island has witnessed continual growth due to the steadily increasing seasonal residential population (owners/renters and immediate family). The approximate seasonal population of 1,700, which comprises 87% of the total population, has increased by 77% since 1960. Assuming a constant increase in the rate of growth, Fishers Island could expect a 34% increase in the total resident population by 2010 (up to 2,608). There are currently no figures documenting the Island's total summer use, including houseguests, extended family, day visitors, and domestic help. Some residents estimate that on an August weekend, the population can double the estimated seasonal residential population. The Ferry Oistrict's figures show a 79% increase in passenger use and 122% increase in vehicle use from 1974 to 1986. These figures, disproportionately higher than the increase in seasonal residential population, indicate a substantial growth in visitor use of the Island. Concurrent with this increase in seasonal and visitor population has been a precipitous 44% decline in the year-round population since 1960 (from 508 to 285). The Fishers Island School enrollment has also fallen; from III students in 1972 to 47 in 1987, a 32% decline. The decline in year-round population is most likely due to factors such as limited year-round jOb opportunities, lack of available and affordable housing and limited recreational opportunities during non-summer months. Based on the year-round population's rate of decline over the past years, year-round population could drop to as low as 198 by 2010. decline and lack of labor force would have direct ramifications on seasonal population and the remaining year-round population. seven Such a both B. HOUSING ANO FUTURE OEVELOPMENT 122 new houses have been built since 1960, with a construction rate ranging from one to eight houses per year. In the past five years, an average of six houses have been built each year. New construction continues to be in the form of single-family residents. (Only 11% of the Island's housing units are within multi-family dwellings, and these are mostly duplexes.) ~---:=_= -~ The current housing~a~rket suggests that growth rates will increase. An indication of this ~rend is the dramatic 425% increase in unimproved land and 375% increase in improved land values between 1977 and 1987. These increases in value not only suggest increased demand but will also contribute to a severe shortage of affordable housing. Year-rourd residents may find it difficult to resist high purchase offers from seasonal residents and relocate on their sales proceeds, while new year-round residents may find it difficlt to enter the market, Although there is an increased demand for existing housing, there are a signiHcant number of privately owned vacant and legally buildable lots. In total, 46% of the Island's existing lots are vacant and potentially buildable (assuming there are no physical or regulatory building constraints). On the 64 r f I- f I i I t , I i East End, there are a total of 251 privately-owned vacant lots; FIDCO also owns 61 lots which might eventually be sold. On the West End, there are about 113 privately owned vacant lots. The availability of these vacant lots could change the type and pattern of growth that has occurred to date. One large parcel, if subdivided and developed, could easily encourage more growth due to the increased demand for commercial and other services. Based on the past five year growth rate (an average of six new houses per year) and assuming a constant increase in the number of houses built over the next 23 years, an additional 157 houses could be built by 2010. This additional housing would occupy 37% of the existing vacant lots. Eventually, if the 425 vacant lots were built on and 77 new lots created (based on maximum subdivision potential under proposed zoning) and built on, as many as 502 additional homes could be built. Continual increases in seasonal Island use will most likely accelerate future growth on the Island. Houseguests, day visitors, and extended families alone may heighten the future demand for new houses. Immediate family of current homeowners, many of whom have their own families, may also increase the market for new homes. Finally, additional day visitors may create a new demand for commercial and recreational facilities, although presently day visitors are not numerous due to the limited facilities currently available to them. I C. INFRASTRUCTURE ! J , 1 I ; 4 L l I L l I I L , i ~- The Island's infrastructure capacity has either absorbed the increasing growth or certain services have recently been or are in the process of being upgraded to accommodate current and projected population growth (the Fort Wright sewer system, the phone system, the ferry and the solid waste disposal system). Those infrastructure systems which have recently been or will be expanded should be able to accommodate future projected housing and population growth, however, the electric and telephone system will need expansion and the water supply system (treatment plant and distribution mains) will need improvements. D. ENVIRONMENT Although 122 new houses have been built within the last 26 years, Fishers Island's physical appearance has not substantially changed, and most of the existing wetlands and natural resources have remained intact. Although the Island has the physical capacity to absorb increased development, the current aesthetics and natural resources of the Island contribute to a quality of life that will be difficult, if not impossible, to maintain with a much denser population. FIDCO has taken a cautious approach to development by protection and enforcement of Olmstead's original land plan for the East End. FIDCO tries to ~aintain the integrity of the natural setting by regulating land sales, implementing deed restrictions and enforcing site and design review. The location, density, and type of future development on Fishers Island, particularly on the West End, is guided by the Town of Southold Master Plan and enforced by the zoning ordinance (which must be in conformance with the Master Plan). The proposed zoning ordinance's increase in minimum lot sizes, however, will not change the status of Fishers Island's existing 913 lots. Once subdivision approval has. been gra~ted, property owners have the legal rignt to build on their lots regardless of zoning changes. 65 f r f r I I I I I t . I I I t l l L l L , Many of Fishers Island's significant natural resources are protected through the regulatory process, since New York State has laws which restrict building activities near tidal and freshwater wetlands and in areas identified as coastal erosion zones. In most instances, however, these laws are not enforced and they also may not adequately protect sensitive natural environments. The absence of an educated and unified constituency on Fishers Island contributes to this lack of enforcement (partly due to the population's seasonal presence). Furthermore, the state agencies are not adequately staffed or funded to monitor regulated areas and enforce their restrictions. To assure permanent protection for lands subject to regulatory restrictions, as well as those without regulatory protection, the Fishers Island Museum Land Trust, the Fishers Island Conservancy and FIDCO should assume an active role in educating. landowners about land protection strategies, as well as implement their own preservation programs. E. RECOMMENDATIONS 1. FISHERS ISLAND GROWTH COMMITTEE Fishers Island needs to respond to the continuing decline in year-round resident population and the steady growth in seasonal population. As possible solutions to this problem are outside the scope of the Trust for Public Land's (TPL) services, (TPL specializes in land acquisition, open space preservation and environmentally sensitive development), we recommend that residents respond to and encourage implementation of The Fishers Island Growth Committee's recommendations. The Growth Committee, sponsored by the Fishers Island Civic Association and chaired by Frank Burr, is a committee of 31 which represents diverse Island interests. The committee's mandate is to study future growth in context with the Island's natural resources and quality of life, and particularly the social, economic and cultural needs of the local population. The Committee will then make recommendations to guide growth in a comprehensive and productive manner. 2. NOT-FOR-PROFIT HOUSING CORPORATION The astounding appreciation in improved and unimproved property points to the presence of an affordable housing problem. In response, TPL recommends the formation of a 501i~2{}) not-for-profit intermediary housing corporation to address this situatj~~,_ The corporation could buy land and build housing or purchase existing h~ites to then lease or sell to year-round residents at affordable rates. We recommended such a corporation in our 1984 report, and recent data only re-empha$izes the need for some response to the shortage of affordable housing. 3. FISHERS ISLAND CONSERVATION COMMITTEE Fishers Island, geographically and politically isolated from Southold and the State of New York, lacks adequate political representation and an organized Island constituency. To strengthen the Island's visibility and address specific Island concerns, an Island Conservation Committee should be established. This committee could be comprised of three to five members representing the Island's diverse interests (e.g. Conservancy, FIDCO, Civic 66 , r . f f f r J J I f I f l t l L L I L I L Association, and year-round population) and could lobby for better environmental protection (enforcement of regulations) and more thorough planning and zoning reviews, etc. Past relations with Southold demonstrate that the Town will respond positively to the Island's needs. For instance, by providing specific land use recommendations for the Southold Master Plan, the Civic Association was able to see its proposals adopted in the 1985 Master Plan. Furthermore, the Civic Association and the Fort Wright Preservation Committee were able to not only ensure 10-acre zoning for the Fort Wright and Naval property, but were also effective at having the Town make an amendment to its policies regarding the sale of Town land in Fishers Island. Under this amendment, the Town must secure approva 1 from res i dents, property owners.,.and Ferry Oi strict Commissioners before sale of its land. 4. SITE DEVELOPMENT GUIDELINES As recommended in the 1984 report, Fishers Island should work with the Town of Southold to institute siting and design guidelines for new buildings on the West End. FIDCO's guidelines for site and design review could be used as a prototype. Although controversial and difficult to implement, under New York Town law, town boards may authorize the planning board to review site plans according to regulations set forth relating to access, screening, signs, parking, landscaping, architectural features and location and dimension of buildings. Given the number of undeveloped and buildable lots (425) and the subdivision potential for an additional 77 lots on the Island, growth is inevitable and should be evaluated with an eye to its visua} and environmental impact. In 1978, Nantucket published and began to implement detailed guidelines for protecting its historic architecture and island landscape; these guidelines could serve as a model for Fishers Island. 5. PRIVATE LAND PRESERVATION INITIATIVES In addition to the need for Fishers Island to strengthen its political lobby and participation in the regulatory process, the Island should approach preservation through the private sector. Environmental regulations alone will not protect the present and future environment of Fishers Island. To supplement the regulatory process, the Island should institute private initiatives to direct and control future growth on the remaining 425 undeveloped lots. Growth will and must occur, but it should be guided in an environmentally sensitive and comprehensive fashion. The following outlines the different means by which preservation efforts can occur: . a. Fishers Island Museum Land Trust Using TPL's natural resources and land protection strategy maps, the Land Trust should launch a more active voluntary land preservation program. To do this, the Land Trust should meet with landowners to explore land preservation options which address the landowners' financial needs and conservation goals of the Island. . Using such tools as conservation easements, bargain sales, lot mergers and environmentally sound, developm~nt, the Land Trust can insure permanent preservation and meet the needs of each landowner. There are numerous 67 r i . f r I r r J t I I I t L L L L I " case studies of land trusts which have successfully.preserved important natural areas as large as an entire river valley. b. FIDCO After evaluating TPL's natural resources and land protection strategy maps, FIDCD should determine appropriate future land sales and withhold some parcels from the market or place conservation restrictions on those it does sell. FIDCO should also protect its own environmentally significant land which it does not intend to sell (the golf course and watershed parcels) through the use of conservation easements. FIDCO is taking steps toward this by having the Town and County formally adopt the Olmstead Plan. Private East End landowners should also use permanent conservation easements as opposed to 20-year covenants to protect their properties' important natural features. c. Civic Association and Conservancy The Civic Association and Conservancy should assist the Town of Southold in lobbying for a 2% transfer tax on all real estate transactions; the proceeds could be made available to a nonprofit, like the Museum Land Trust, to purchase significant open space. Southold has unsuccessfully introduced a transfer tax bill in the state legislature for the past four years. In Nantucket, Massachusetts, since 1983, the transfer tax has enabled private and pUblic organizations to purchase and protect over one third of the island's waterfront, dunes, wetland and other open spaces. This year, a portion of the transfer tax revenue will be used to purchase land for affordable housing. 6. INFRASTRUCTURE STUDIES The Civic Association should commission a cost-benefit analysis to determine the costs of specific infrastructure improvements versus the benefits of expansion. It should not be assumed that because the Island can physically accommodate hundreds of new homes that the infrastructure should automatically be expanded to meet this growth, regardless of cost. Many communities, after having conducted such an analysis, have decided that the costs of infrastructure improvements and expansions far outweigh the benefits and have instituted some type of growth control. Fishers Island should conduct such a study within the n.extjew years. ---~ .. ..... 68 ~ r-- - - I - r-- - - - - -"'I ""'""'I ....., -.., ......, Table 13 FISHERS ISLAND - GtNERAl SOIL CHARACTERISTICS (Source: Master Plan Update, Jackground Studies, derived from the 1975 Soil Survey of Suffolk County) SoIl Ki,p Legend 5011 Characteristics Fs F.!';carpments NA Fs FIll land, sandy hIgh r.p Gravel pits Variahle RapId lIaA Haven lo""m, 2-6\ slopes greater than Rapid 4 ft. Depth to Kap Seasonal HIgh Symbol Kapplng Unit Name Water Table , Be Beaches ~. \' ,Iili at Surface I:)J "- In Brldgehampton~s11t greater than JOlln:, graded 3 ft. CpA Carver and Plymouth greater than Sands, 0-3\ slopes 4 ft. CpC Carver and Plymouth greater than Sands, 3-15\ slopes 4 ft. 0"> '" CpE Carver and Plymouth greater than Sands, 15-35\ slopes 4 ft. CuB CU t and fill land, NA sloping gently CUC Cut and fll1 land, NA sloping Du f)une land it ft. Permeab1l1ly Septic FIeld Llraitat10ns NA Severe: high water Rapid Slight Rapid SlIght/pollution hazard Rapid SlIght to moderate. slopes/ pollution hazard RapId Severe: slopes/ pollutton hazard NA Slight NA Moderate: slopes Moderate: water tabl@ within 4 ft. of surface in places .Limitations for Uome SHes Severe: high water Slight Slight Slight to moderate: slopes ~ "t:l Severe: slope Cll ::l 0.. _. >c Sl1ght :> Moderate: slopes VarIable Variable Variable Severe: high vater table Variable Slight/pollution hazard Severe: high vater table VarIable , Slight/unsuitable. hloh ftnrlculturl'll ,- , r- - I So11 Hap Legend llap Symbol MfA MfC Itu PIA PIB '" o PIC RdA RlJA R~C Rhh ReA ReC RpE TlIt Happing UnIt N&IIe Montauk fine sandy loam, )-8\ slopes Montauk fIne sandy loam, 8-15\ slopes ,,",ck Ply~outh loamy sand, 0-3\ slopes Plymouth loamy sand, 3-8\ slopes Plymouth loamy sand, 8-15\ slopes Riverhead sandy loam, 0-3\ slopes Rlverhead sandy loam, 3-8\ slopes Rlverhead sandy loam, 8-15\ slopes Rlverhead , Haven solIs, gradpd, 0-8\ .Iopes Rlverhead very stony, sandy loam, 3-8\ slopes Rlverhead very stony, sandy loam, 8-15\ slopes RJverhead and Plymouth v~ry bouldery solIs, 15-35\ slopes Tidal marsh - r-- Depth to Seasonal HIgh Water Table greater than 2 fl. greater than 2 fl. at Surface greater than 4 ft. greater than 4 fl. greater than 4 fl. greater than 4 fl. greater than 4 ft. greater than 4 ft. greater than 4 ft. greater than 4 ft. greater than 4 ft. greater than 4 ft. at Surface -. ~- - - - - Soil Characteristics remeablllty Septic Field LimltaUons Slow-moderate Severe: lIloderately slow .pemeabll1ty Severe: moderately slov peraeabil1ty Slow-moderate Slow Severe Rapid Slight/pollution hazard Rapid Slight/pollution bazard Rapid Moderate: slope MOderate-rapid Slight-moderate/may be pollution hazard Moderate-rapid Slight-mOderate/may be pollution hazard Moderate-rapid Moderate: slope Rapid Slight Rapid Slight/may be pollution hazard Rapid Moderate: Slopes/may be pollution hazard Rapid Severe: slopes Severe: high valer --, -. ~ LimttaUons for HOlle SHes Slight/unsuitable: agricultural value Moderate: slopes Severe Slight Slight Hod';!rate: slope Slight/high agricultural value SlIght/high agricultural value Ploderate: Slope Slight Slight Moderate: Slopes Severe: Slopes Severe: high vater "-'-I ~.l . Figure 15 ", N t " i I r I I 25~OOOFEET' SOIL SERIES MAP - FISHERS ISLAND. WEST END 71 r · r f r I I I 1 I 1 t t t L L ,~{'\l(..~'..f{'7~;~'''i:!',' ,.;vr;:.,*~~:rm~,~", . . Figure 16 SOIL SERIES MAP ~ FISHERS ISLANO, EAST END . , g i i I IMjCWf'i z-..: .-- '1''''1 , , 1 7? r 1 f r f' I I 1 j J I I I I i j ~. l ,- , I L l I '-- I l_ . ; ~ . ., The following, excerpted from the Soil Conservation Survey, is an explanation of the categories and ratings in Table 13. Depth to seasonal hiqh water table - The shallowest depth is given at which the soil is saturated with water during frost-free periods. It is either a perched or other ground water table. Soil conditions immediately after heavy precipitation are not considered. Permeability - Permeability values are estimates of the range in rates that water moves through the major soil horizons. These values are expressed in inches per hour. They are estimates based on soil texture, soil structure, porosity, permeability and infiltration tests, and drainage observation of the hydraulic conductivity of the soils. 1" Sewaqe disposal fields - The ratings in Table 13 are for limitations of soils used as sites for adequately designed and installed onsite sewage effluent disposal systems...The possiblity of polluting nearby lakes, streams, or wells should be a major consideration in selecting a site. The most suitable soils are deep, well drained, nearly level or gently sloping, moderately to rapidly permeable, and almost free of stones...Soil charactistics considered in assigning these ratings are depth to seasonal high water table, permeability, slope, and surface stoniness. Homesites - These sites are for homes or for buildings of three stories or 1ess...The limitations assigned in Table 13 are for buildings that have basements at least 5 feet below the original surface of the soil. Such soil limitations as depth of the seasonal high water table and stoniness are not so restrictive for buildings without basements as they are for buildings with basements. Sewage disposal, water supply, and access roads or dirveways are not considered in the ratings. The most suitable soils are well drained and nearly level or gently sloping. The main soil characteristics considered in assigning limitations for use as homesites are depth to seasonal high water table, slope, and surface stoniness. A rating of slight in Table 13 indicates that the soil has few or no limitations for a particular use or that any limitations that are present can be overcome at little cost. A rating of moderate indicates the limitation is harder to correct or that it is not possible in some areas to correct entirely. A rating of severe indicates that use of the soil is severely limited by some soil characteristics that is difficult to overcome or that the costs of overcoming the limitation are excessive. It does not mean that a soil cannot be used for the specific use, but points out the limitations that are encountered. Also, where extensive cuts and fills have been made, the remaining soil material has been so altered in some areas that the ratings gi~en for the normal ar~as no longer apply. A single property of the soil does not affect all uses of the soils equally. An example of this is soil that has a seasonal high water table, which is sever1y limiting for sewage effluent disposal but which is only moderately limiting when the soil is used for lawns or golf fairways. The ratings...are for the dominant soil condition in a mapping unit; however, each mapping unit contains inclusions of unlike soils. 8ec~use of these inclusions, it 1S necessary to make .onsite investigations for final determinations concerning the use of any specific small tract of land... 73 J.' . . r r r r f J I I 1 I l { l t L L . Appendix B TIDAL WETLANDS PERMIT REQUIREMENTS 661.5 Area '::\t(','nrlC'lI AIlwt.E"'l"TlO~ Ule C:u:e~ot' Ie. ,~PH . USe" Nf,)[ Rcqulrtn,; :1 PerTlIl[ or NotHlc.tlon Leete-I' Appro".l cen - Cen..'tolly ":"'lIp...tlbl~ U:l~ - Notlilc,;I;thHl ~tter Required cep - Ccncr.&Jly (.)fI'T"'ClI.lc U::U! .. Pennie Rcquired PIp Pro.:.$UIIlpllv.:ly {1I":''lIIjJatLblo U.. - Pemit RcqllLrod I . :n.:"~p~tlbl: ~"Q P . Perllllt RC"lu.r.:oJ NA Not "tlpItClI.,!l,. F'H Co."t3l i'rC',11 ~lQr,.h IH . 10[...rti.l::l1 ~l_u:",h SU C..,., t.J 1 :::hua 1". &11" .and t 1.. t. L2 . Litt.'r.ll :':"11": HH High N-Ir",h or ::i.:llt ~lo.::1oJow AA . AdJ...cent Arc:! Uses Are. Ind Ose C.1CCllO~tc" n1. 1M 1111 S~I. l.Z ~ ~ I. The c"'ntinu':II\':~ .:If la\lfully (,:I':1.[1n1ll u... (lnclu.:llnlt but."!,)[ ILralhd to re.!dentlll, cCX!UIcrcl.1, inol;-Hrtal, .:Il1;rtcultural, recreation:!L. :'lnd pub\i.c uI"u) and tile continu_ an~c Ot all ~cti~itics normally ~n~ dircctly ~~loci~I~~ with rny such ~.I whore luch cont:nU:lnc.;- oJ".;-s not invt,LvC! ...)'''~r.>; ion I'lt' ..it:niftc,'nt ;,tl.tcr~tl"n Ot the e~l..r[nl' U!C 2. ACUV;.tl';-S 0'1' tho! dep..lrCl'tent of ilcaUh or oi \1.111:" of to.:,l! lj:.Herrun.:nt wi.th respecc co ~ut:llc l~"Jlth. w,en com111Clctl in conll)t'm:tnce \Ii th "..:ctlun 25-0,01 Ot the Act. J. Activ4t4e!l sU:Je:t to tho:' rev.l-'''' jIJrudlctton ot the p"bhc 'C:'V1CU c"",,,u:llon or the IUto! b.:Iilrd 01) eLectr;c Jl;enc.r,ation lit1ng and the enVlronmc:nt mdt!r article .even or article eie;!Lt ..,f the put-Hc !ervice: law. respectively. nUl .tu1dilrds and l'eltr1ctiotll of thil Part Ioill1 be: ..pplicd by saLd bodies 1n det(!~ining whe~her to iul.le a cerUt1- CIte c-f envlrc"~m~nral cOll'"attbilitv ."!ld ~ublic need uodf'r ,ueh ..rele1e" 4. E,tatlli,hing s":"!'Iic, hi.storlc, '..ildUh and sClentlfic prest!rv's, without any IMterlal ..lteriltion or :]n area involve~, 5. aOat:.ng. hik.\.f'.ll:. SWltlr.l.lns, C,il.'':P1n&. picnicking and ot.her I lJIlll Ir non-motorhed fonu of outdcoc-t' actlvl t\. 6. Oo!po.slting or rl':,QOvl;lg tne natural product! of iI tid.al Ioiethnd (or ..djacent area) in tne proceu of recrelrional or c=ercial Iishin;;, shellfisning. aluaculture, hunting or trat'?t~i:. incl~d [1'11: t~,e f'rect1on and lIlaintenanee of tel"loor.1'l"V 'ld::'! ot' blinds. 7. Conduct.n~ ecuc..t1~L\..Il .:u,d rcs.eai::cn actlvltlo!.S not lnvolvlng a:y Jlaterlal alterat10n of the area involv~!. E,ta~! l~h:,.~ "'~1 ;l.r:~ ::-3.~lS ".::1out l:late:-lal ~lt~ratlon of the .area Involved. fs ta~l ~s ~~"I':: [) La ,t 111C5 . E 3 ta c l ~ S.'I .0\:: re e -ea I: ~ CIJ J. !lIO or ~ :'_2 S . Operiltl.on of lllOI:'t' venlcles, ..!'Icludlng but not li::lited to ..it' 'OOlts 11'.:1 other aU-terraln veh~du, for eduCilt.ion.11 or scientific reseilrch purposes (prO"id-"d this item InaU not inc1uGe ooer.1ti:" of 31rc:'aft or ::Iecn..nicallv t1rC'Pellcd vessel. ('ther tha1'l air boats), Oper.r.cn ot :n:lI.Jr vehl.cles, l:lcludlng but not lunited to 51= ,oau ami other a';'l-terraU\ vehicles, for other rh.n educ,atlonal or scientific purposes (p,'ovided this item ltall not i:-:clurle th~ u!e c! aircra;t or l"Iechantc.al1v provelle.! veS!'I~ other than air bo.l1u). C:>cr.iltlcn ~, 3' -r.1h ~p ."ecna""'cal'v orol'elled v..sseis ochet: nan i1lr bOAts HPH HPH ~ NPN N'P!of S-PN N1'N N1'N NPN NPH HPH N1'N N1'N H"" NPH N1'N Nt>!of NP!'l' N1'N NPS cCn ~PN ~~ ;-..F~ cCn :;p~ NP': o. ,. [lO' ll. 12. I] ~P'. J 1 ~P;'; N?:< cCn cCn N1'N C'i> Ph ~PN NPN NP~ "" .. .. ... . ... - 1". Co".stt"ucting or J .'p~n ~de cat"~al " al1d, or dOCK no< gre.:t~r t:u, tou.r: feet 1n ....:.dt.... ior 1 .nv p:-i:lc~:::al ~l~ 1d in.:. cCn Ger- CCn I'. ConsnUCrlnj; cpe" pile cat".Jal;.;s .nd ciocks IDOr~ th.an tour fe~t ~11 ....lcith; " cons truc cing _u than on. op....n pile c.aew-alA. and/or dock no' greater enan I\Jut feet io width for any pr!..~.::lo,l bui.lc.;r'i!;. PIp CCO CCo 16, !nst;dlt:'~ . f ::~tt ~.:! cecitis} :o,=al11O'O: less tn"'n 100 'Jcuillre flet ,n area. cCn N?:-l N?S 17. Insta l: ::'1( . r l::a: ~:'\.:: ::oe>O:l ~ I :::>ta~Lnl!: 1!JG 3~ ...:;;It:e fee: " '!1C'r. '" ar'!a. PI' CCn C~ 10. I\eloc~tlon and/or re.r:angelten;:: oi fioilcing dOCK., open pde decks. .nd si..a.i.l.ar .tructures within i1n utilbli.s~ed mAr1na or boat bas1n ",here .~h accivities involve no d ~sturt-oi"Ce of , tteal '.retla:ld C'ther than remClVln;: .nd reloc.ti"lI; .nchors " ~il1nll:! . pt. SP:i NP':~ to. Ccr:str<.;..:::m: ~{' l i.d fi.ll c.oe)(;;. PIp l'!;l GC::> 20. Pet=i1nent " seasonal ~oor~nb _. .ny ve,sel or stt'uct'Jre ro b. ..LIed .. a ').ngLe fUlly ciwelling, lIlulti?le fa!:lily dwe1 ! ing. cottlllerc1al un building. indwtrial u', bu1ldina or Dublic " se..,i-oublic bui Idi.n~. PIo Gep r;C;l ~21. Ordinary lIla~ntenance and repillr (not lnvolv1ng expans Ion or sulut.ntial restoration, reconstruction " llIodJ.ficiltic-n) of exut1ng functional .structures, fac1lities or 1:Dproved. are's, including b", '" 11ll\lt~-.:I " bridg~s , roads, hishway.. railroad bed!, bulkheads, doc:iu. beilches, piers, wharves, pilings, dolphins, bui.lcUngs, landtc.ped " paved .rlUt, l.wns. and agricultural .nd mosquito control ditches. .- Including foe eXltllle, replac- ing broken boards in dO':,'<a. ~p.si:'ltlng struc.tures, redrlving pilir:j;ls. resurfac1ng p. ved Ireas. ~11~ t ill ~ :: :'.:;: '1:,<1 rc"'~ -R'<:> lalolful Structures on . .eil!,::nal bil"L.i. 'PH ."" NPN 22. In-kind .nd in-pl.ce rep~~*>1lIenr 0' exutU'lg lunctlon.L bul"-he.l.d.t ~d sJ..lll.il.r . true ~u:-es. N1'N ~"P'f H"" , ll. Routine oelcn r~\(rild Lr,;o .od c l...on ln~. bo~!": al'>ov~ .nd belo" I';'l"an ht;!h ",atet: marK. PIp ::p;; !'o'1'S l4. Substa:Hul r~s ~orat iIJn PC reCllnStructlon. of eX1Stln~ funcrlQnal so:rl,Ocrl,Ore:; PC factii- UfOS 01 .ny kin~, except for rl".os(:. c.overed by itellls 22 .nd ". (pro'lided, \Jhere rho tn- .ulhtion .f . now structut:e or facility t. listed ,n this .ubdivi.JI'" as cCn or SP~ for a pilrticul'lr type of areil, '0' .uost.antio11 restor~tton .r reconstruction of such . .true. ture ., fac di~y on that arc.::. .t!-l,:dl ... rre.ated '0 th. .-. _nn..t: .. .., instillll.rl0n 01 .~h . rt:'.. 5 tr'~c tur"! ., fJcll' CV), CCO GC=, cCn 25. ("piln"'Jn " su~' CJ'l t 1.11 mOfJl: l.::."\tlon of eA1:>tlng tunct40n;;lL fac1l1t4u .nd structure.s, eltCept fN tho~e ..Lctlons covero!d by ltl'ms ". J). J4 or 38 (provided where ,o. insull.a- ,,~ of . n," struclurt: M f.1.;dtty ls llHed tn thu subd lVlS Lon .. t'iP:i, cen PC CC" ... eX~;;In" Lon 0' :I ubs t~nt l.a 1 1'I,'Jlf l.cat Lon 0< :ouch . stru...ture " (Olcilicy shOll1 h. tr".lC':c! l!' c!,..' 'j"'(' ~,'''n. r '0 t', . ~ J r~':1 ). P!p ecl" cCn I 2." $u:JS[.."tJ"; (,;,v'r..t."n, r~',:,-,"~ C rll": t, un, muU.lu'..tl"n or cxp.~Il~ ion oi e" l!o t ~ I'll( tunct IOn- J ., n:;'Lt!l'ror,.1l Cr"Cturer. ..I"..:h .11-,' ,lnol 101' I L cont'nILC <0 b, lCC.HL(' 75 feet PC nr.rC' (or j() r::,c , ..',-,. " (. ,r ~ (. : ~" , I r~'~, t!" ',,]', ~ L,'''';",,":!.r'l l'<-!.... o' a"" t(<lJl \Jl.'ltJ.C\,'. ~!A N,\ ~1':1 ~l>'f [;; ~.~'.', . ., .. /1. r- .,~ I"" '\I"r ""nr"[II'" ,,~,-"dl'~t:"" -[r"ct"r('~, " , I' [t~::,,~:.:.:--~-,;~:~~,~.~~,~:~~,~.,.:::, "::,::::;'"",,, t!,"o.,,, ""1,,,.1 - .-:.!.....:.:..:..:"-'..!..'.~_::~_::,L_:.:_:.::_:,' . l'if'l (,Cn "'If' 1"1' i' ~ ., PI.. l .-(" c( " , ((" . I";> (:(" J - c, , " , , " :"" rei" J ", ..1" PIll 74 ; . I r ~ r r I f I I J 1 I . t I 1 J t t I I L I ,', " . , U)llC'.~ 661., Area Gnd Use C4ccll.or1c, f1ol. J:'i IlH S~L Ll ~ .PS 'PS ...] ~p~ ~A ',A. Ge" SA NA CCD cen :: ~:] ,to l~ ::~ ,(~] ::: .: 1 :: ~]- ?~:- r~ J - [35, Cl.ILttV.Hlng .1.nd h.uvestlng naturally occurring agricuLtur_l and l.:1rtlcuLtUl'al productl, other t'n'" .1ct.Vlt_C~ cr:>~"'rcd bv Itc",! )6 and ,7 bclr>..... 36. ~1.1nu.;&l ','" v. ~ t I ",' .., [ ~..L L t h.IY. 37. Il.H'\'~~C:' ,'I ,..de h.1v bv "'cchJ.nlc.:ll r.Q\llP"1C'llt. 38. Subst.1n: ...11 II\0d It H .Jelon oJ! .:Igr lculcur.11 .h tClle:; l.:n.ltul.ly eXUC1: S on the effectlve dolce ....j t'll~ P~rt. J<). \;,-", ol_t'l..ulc.rJl .HtI.VltICS not covered bv lerro'!> J5-3d. [400 Conllectl..1" .H el.:ccrlc.g.:u. 5e..,er, water, t.:lcpnone or acheX' utl.te1.e, frOlll an exiscing dlstribu:ion utIli:v f.lI;:ditv to an e:<i~.tin~ SCl'ucturc. 41. 1n,;t.11at101\ oi unlo!rgr;)unc1 electri.c. sewer, w3tet or othar uti.l.ti.c. "'here .uch install.. ation will involve restoration of exisung lil1'ounc1 elevation, oth!t th3" activities covered bv it~m .:.0. CCD 42. Instdlbtlon of ebctric. gas, sewer, water or other utllities, lthotr thAn activitie. covered bv ltem ~O or ~l. IoJ. Irut.1l1.!,:\01"l or a J'fV yell. retention b3<;t1"l, fi.lter, open "iuaIe 'I' .,ond. [44, New disc!l.ng<.! at any pollutant requi.rlng a SPOES pcrmit pursuant to the environmental conservaticn l:l.v 3.,d complvi1"l2 "..lith the r,eQUlremenu iot' the :.ss ..anc~ "f such a ~erfl1it. 4S. InstallaClon of .a Jewa~e dispes.al septlC [,I.nk, cesspooL, leAch a:: .elc1, or .eepage plt and dhch.arl!;e of any ~ollutant into such faCllities not requiring a :'PDts permit punu.ant to article 17 of t~e !nvtr"nr.1ental conler/atien h\#'. PIo [46, Con$tt'uc:~on of si~~le fa,:al-,- ,;,'~"cllin::$ d"O mult~ple fa':1i.lv d~.'el:H'!;:I, PIo 47. Constructi.on of cO'm:ercl.a! and industria! u.e f.cllities requiri'lg water access and public and sellliapublic bui.ldings requiring vaur accesSj .and undertakin: cOll1llerclal and LndWl" trial use Jc~iviti!s reauirin2 "~.""ter access. PI~ 48. eonstruCtlon oi C;CClIllC.rCia, l ana lndustrlal use facili.tle~ not req'arlng water access and Jlublic or sem.i-putlic buildings not requa'lng water access; and mdertaklng cor:mercial .nd industri3l us# actl\'lties not recruirll"!e vater access. PIp [451, eonstruct~on oi J,(cessory structures or f.1C1litas ior any use luted in itl!Qs 46 and 47, other th.an access..ry structures or facilities covered by itelll 50 or covered specifically in this ~i.,t. PI~ 50. Constructlo:-n 0:: "'",'cessory structures or facilities for !;)(ittin3, :esidenti.aJ. structures where slJch acceuory structures or facilities are .and vi.ll cor,c'_nue co be 10cat.!d 75 feet or ::Jote (:I:' ~v feet or lnore in the City of New York) fcom. t'\e 1Il0st landward edge of any t:ciallo'etla,c, ~ 51. C~nsttuc:~;;,n 0: oic,:esS.;l'fV str;.:ctut'es or facdit:.es fo:, an-.. <Jse 1 sted in 1tel"l 48. ?!':) 52. Disposal ot anv C:t',:!Ill:':U. oec:.:r:neoir:al. 0:' oC:ler tox~c ::acerud., lnCl.ud:1"2 .r'IV ?eSClr:lde. SJ. The use or .ppll.catlon of any c:,emical, pettocnel:lllcal, or other ;OX1C material, includ- tnll: any .,esCicide. lo'nere nor a;.::.'1oru.ed bv Lalo'. 54. The Icorage ot any cnel:ll.r:a.l. fetror:nellllcal, or orher tC;>eir: macer.al, including iU'ly peaticide, for \lholesale purpOJes or for put'llosu of distrlbuti.ln to persons other than t!1e ulci~.ate user c-f sur:;' ::later~als. SS. The us.! or dpp1l.catlon Ot any C;le1l11Cal, petrochc:nir:al, or ocher :OJO:lC ~aterial, lnclud- ing any pesticide, where otherwise authorized by law, or the storase of an)!. such material for purposes other than wholesaling or distribution to pe.rsens other than the ulUmate users of Sl;C~ ':'.1certals. 56. Disposal oi soli.d wastes as :Ieilned. in section 27-0501 of the enviro~ntal conserva. tion 1.a\l. '51. Any type of regulated actl.Vl.ty not speclfically luted in this chart and any suDdivia .10;" of land. cen PIo PIp p cep PIp "". p 75 1'10 ~,.s N'l'S PIt! p p . ~~ . . j r f r I I I J J t I I I 1 I , [ L Appendix C NYDEC FRESHWATER WETLANDS DEFINITION \Section c4-01J7) of Article (4, Title 1, Environmental Conservation Law) "Freshwater wetlands" means lands and waters of the State as shown on the freshwater wetlands map which contain any or all of the following: (al lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation of the following types: wetland trees, which depend upon sea- sonal or permanent flooding or suffi- ciently water-logged soils to give them a competitive advantage over other trees; including, among others, red maple (Acer rubrum) willows (Salix spp.), black spruce (Picea mariana): swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanical, black ash (Fraxinus nigra), silver maple (Acer 5accharin~~), American elm (Ulmus americana), and Larch (Larix laricina); wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently water-logged so~ls to give them a competitive advantage over other shrubs: including, among others, alder (Alnus spp.l, buttor~ush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), dogwoods (Cornus spp.), and leatherleaf (Chamaedaphne calyculatal; emergent vegetation, including, among others, cattails (Typha spp.J, pickerel- weed (Pontederia cordata), bulrushes (Scirpus spp. J, arrow arum (Pel tandra virginica) , arrowheads (Sagittaria spp.l, reed (Phragmites communis), ._-'~_ wildrice (Zizania aquatica), bur-reeds -~ (Sparganium spp.), purple loosestrife (Lythrum salicarial, swamp loosestrife (De condon verticillatusJ, and water plantain (Alisma plantago-aquaticaJ: '. rooted, floating-leaved vegetation: including, among others, water lily (Nymphaea odorata), water shield (Brasenia schreberi), and spatterdock (Nuphar spp.): free-floating vegetation: including, among others, duc~weed (Lemna spp.), big duckweed (Spirodela polyrhiza), and wate~eal (Wol:fia spp.); 76 f 1 " to .. .', . r r wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetation; including, among others, sedges (Carex spp.), rushes (Juncus spp.) '. cattails (Typha spp.) , rice-cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), and spike rush (Eleocharis spp.) I""~ r f I i bog mat vegetation; including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), and cranberries (Vaccinium macrocarpon and V. oxycocco s ) ; J I submergent vegetation; including, among others, pondweeds (potamogeton spp.) , naiads (Najas spp.), bladderworts (Otricularia spp.) , wild celery (Vallisneria americana), coontail CCeratophyllum demersum), watermilfoils (Myriophyllum spp.), musl<grass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.), and water smartweed (Polygonum amphibium); I I L (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such condi- tions can be expected to persist indefinite- ly, barring human intervention; (ci lands and waters substantially enclosed by aqua~ic or semi-aquatic vegetation as set forth in paragraph (al v. ~y dead vegetation as set forth in paragraph Cb), the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation: and Cd) the waters overlying the areas set forth in Ca) and (b) and the lands underlying (c). 77 , '. t . I r f r f f I t I l J 1 l '- t l L L L I I L I '- Appendix D Environmental Regulations Enforcement Information 1. Tidal and Freshwater Wetlands New York State Department of Environmental Conservation Permit Administrators Office Building"40, SUNY Stony Brook, NY 11794 (516) 751-7900 Southold Town Board of Trustees Town of Southold P.O. Box 728 Southold, NY 11971 (516) 765-1892 Under State law, any person who violates any provlslon of the tidal or freshwater wetlands act shall be liable for a penalty not to exceed $3,000 after a hearing and inspection, and may be ordered to restore the wetland to its original condition. 2. Coastal Erosion Zone New York State Department of Environmental Conservation Coastal Erosion Section 50 Wolf Road Albany, NY 12233 (518) 457-3158 There is no enforcement procedure in place yet. The government entity which ultimately administrates the regulations will decide on enforcement procedures. Any persons making violations will most likely be required to restore the land to its original condition. 3. Flood Hazard and Coastal Barrier Areas ~~~:=:....~ Southold Town ;"lllding Inspector P.O. Box #1179- Southold, NY 11971 (516) 765-1802 New York State Department of Environmental Conservation Flood Plain Management Section (518) 457-3158 Federal Emergency Management Agency National Flood Insurance Program 1-800-638-6620 78 \ ~ ~ 4. . 1 r- I A. REFERENCE PUBLICATIONS t r j r. J J I . 1 I j I L l I . I L l. I L Connecticut Department of Environmental Protection, Lonq Island Sound: An Atlas of Natural Resources, November 1977. County of Suffolk, Floodplain Manaqement, Chapter 46, Code of Town of Southold, 1983. County of Suffolk, Proposed Zoninq Amendments to Town of Southold Zoninq Code, September 1986. County of Suffolk, Town of Southold, Assessment Roll and Levy Module, Final Assessment Roll, June 1, 1986. County of Suffolk, Wetlands, Chapter 97, Code of Town of Southold, 1986. County of Suffolk, Zoninq, Chapter 100, Code of the Town of Southold, 1987. Federal Emergency Management Agency, Questions and Answers on the National Flood Insurance Proqram, February 1983. Lockwood, Kessler and Bartlett, Inc., Final Reoort, Solid Waste Manaqement Study, Fishers Island, New York, December 1983. A.R. Lombardi Associates, Inc., Wastewater Facilities Plan, Fishers Island, 1981. Long Island Regional Planning Board, Population 1980, Housinq Characteristics, December 19B2. Metcalf and Eddy, Report to Fishers Island Development Corporation on Water Supply and Distribution Facilities, August 10, 1970. Nassau-Suffolk Regional Planning Board, U.S. Census '70, Housinq Inventory, August 1972. New York State Department of Environmental Conservation, Coastal Erosion Manaqement Requlations, 6 NYCRR 505. New York State Article 24 Law. Department of Environmental Conservation, Freshwater Wetlands, and title 23 of Article 71 of the Environmental Conservation , .~ New York State Department of Environmental Conservation, Tidal Wetlands, Land Use Requlations, 6 N~CRR 611. Raymond, Parish, Pine & Weiner, Inc., Master Plan Update, Backqround Studies, Town of Southold, New York, March 1984. Raymond, Parish, Pine & Weiner, Inc., Master Plan Update, Summary, Town of Southold, New York, April, 1985. U.S. Depart~ent of A]riculture, The Sail Survev of Suffolk County, April 1975. 79 J r f f r f J I i i I , j , J t I L I L L I ,~ ... '/ " , ~ B. REFERENCE MAPS Chandler, Palmer, & King, Plan Made for Fishers Island Development Corporation Showinq East End Lots, May 27, 1983. Lockwood, Kessler & Bartlett, Topoqraphic Map, Five Eastern Towns, Suffolk County, New York, Prepared for the Suffolk County Department of Public Works, 1974. National Flood Insurance Program, Flood Insurance Rate Map, Town of Southo1d, New York, Suffolk County, April 17, 1985. New York State Department of Environmental Cons-ervation, Preliminary Coastal Erosion 'Hazard Area Map, August 1984. New York State Department of Environmental Conservation, Freshwater Wetlands Map, March 1987. New York State Department of Environmental Conservation, Tidal Wetlands Map, 1973. Raymond, Parish, Pine & Weiner, Inc. Land Use Plan Map, Town of Southo1d, December 1985. Real Property Tax Service Agency, County of Suffolk, Assessors Maps, Town of Sou tho 1 d, 1987. Town of Southold, Suffolk County, Bui1dinq Zone Map, November 18, 1970. Town of Southold, Suffolk County, Proposed Zoninq Map, March 1987. U.S. Department of Agriculture, The Soil Survey of Suffolk County, April 1975. 80 ~ ~.. t . i i Ii C. RESOURCE PERSONS f 1 r I f I ~ i I 1 I I j ! l , I t t I : L L L Gordon Ahman, Realtor John Baily, Action Air Richard Baker, Fishers Island Utility Company, Inc. Helen Best, Elizabeth Field IBradford Burnham, Fishers Island Civic Association fJohn Clavin, Fishers Island Telephone Corporation Clarence Dixon, Fishers Island Water Works Raymond Doyen, Fishers Island Garbage and Refuse District Ken Edwards, Fishers Island Water Works Roy Federlen, Long Island Regional Planning Board Charles-B. Ferguson, Henry L. Ferguson Museum Land Trust Harry Ferguson, Fishers Island Civic Association Richard Grebe, Elizabeth Field Dick Hale, Fishers Island Civic Association Jim Hancock, Fishers Island Utility District Edward Horning, Henry L. Ferguson Museum Daniel Kendall, New York State Department of Environmental Conservation JPhil Knauff, Fishers Island Ferry District Steve Malinowski, Fishers Island Growth Plan Committee G. Carey Mattheissen, Henry L. Ferguson Museum Land Trust Frank Murphy, Town Board Bagley Reid, Realtor William Ridgeway, Jr., FIDCO Gary Saunders, Coastal Air Diane Schultze, Southold Planning Board Marty Shea, New York State Department of Environmental Conservation JDavid Spohn, North Fork Aviation Association John Thatcher, Fishers Island Conservancy Donald Zacchea, New York State Department of Environmental Conservation '*---~-=~ _'c "\ \ " " 81 _.._f;X::,~~~__ VALERIE SCOPAZ TOWN PLANNER --', ".'" .,'."' . ~.'4~ ," '''-;''. ..,.'~~ /,:,:';' - r/e:(e;\ :i Ei:,~ ~;Hi~~:t;, ~ ~3 \,', <';"",1', "':""',' ;>& . ,~. .~1" "" ""i~," -!." ~"\. ..~:.:.?, ..,,). .,,/:;;.>"'. ""'...:- \\2-~'>~,. -:~':j.~::$l" I .,;;..<I,~ ,'"" ' ~~,",;{:' Town Hall, 53095 Main Road P,O. Box I I 79 Southold, New York 11971 TELEPHONE (516) 765-1938 /O/~ 70: ft; ~ #!.11f(: ~ ~ " a-!~~~ 7J~: hS/ /75'0 ~rc~y ~ ~~ -r~~~- ~~/~_V~~,~~ ~. ~~~~T7~~.-~ V~ ~ --Zt'$'l!!L ~ ~~ ~ ~~ /~~~~rr~~~ ~~ r:-A-~~?:..;f4- ~ ~ ~~~~-r~~~ ~~AW.--/#L. 4"'~1 /'fj"'7' ~ ~~~ . ~ ~/'-~~~~~ ~~. t:/'~~ k-~~~~~~~ ~~J6 -;:::::.- /1 J.; " " 6 ., scon L. HARRIS Supervisor TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Alhert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: John L. ''''j \' ," ~~::---:ii'-,~" l t;l ~~::..}.>-,.~:. ~I]~ . j - '~'I HnH ,., ~ - ddH, i-~. -".Jb.j \' L........ -'" -~-,.:'-..-. ,'. ' ,~' , . June 26, 1990 TO: Scott L. Ha!ris, Supervisor Members of th Town Board III, President Town Trustees RE: Planning De t memo of 6/18/90 / Barlow Pond Reservoir Dr~nking Water Protection The Southold Town Trustees, as permitting agent for the Town Board under the Town's Freshwater Wetlands Ordinance (Chapter 97), may not be the best candidate for lead agency of any proposed comprehensive study of Barlow Pond watershed for the following reasons: 1. We have only a derivative role of enforcing one code in the area of Freshwater Protection (Chapter 97 Code of Southold Town) . 2. Lack of funding capability. 3. Lesser area jurisdiction than similar jurisdiction of NYSDEC, and SCDHS. (75' permit zone town, 100' NYSDEC, 200' SCDHS) 4. Lesser ability to discover and analyze impacts than NYSDEC, SCDHS, and SCPD. 5. Individual members with less time available, professional standing than NYSDEC, Suffolk Planning and Health Departments. 6. Inability to impose a general moratorium on building permits. I " '\ '. ~ently, the Trustees have only two (2) projects in Jurisdiction within 75' of the pond or its vegetation. As most projects can be located outside our jurisdiction, we have a limited "patchwork" ability to induce a Generic Environmental Impact Statement under local wetland permitting. The Trustees were the first board to adopt a resolution in favor of a water study for Fishers Island acquifer in 1987 after the James Lamborn Pond nourishment project raised much concern. Although the Trustees have no current formal Board position on Barlow Pond, we are all,very concerned about the lack of watershed regulation there. One possible partial solution, in the interim, might be for an inter-agency best-management practice list to be developed for a large portion of the island encompassing the pon~. If this office can help in this or any other way, please do not hesitate to ask. cc: Valerie Scopaz, Town Planner Building Department Planning Board Trustees File I ,I 'I , V ALERJE SCOP AZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1938 MEMORANDUM FROM: Scott Louis Harris, Supervisor Members of the Town Board Valerie Scopaz, Town Planner J<; TO: RE: Fishers Island's Drinking Water Supply: Protection of the Barlow Pond Reservoir. DATE: June 18, 1990 On June 13, 1990, I was present at a meeting concerning Fishers Island's water supply. The meeting had been called by Vito Minei, Supervisor of the Office of Ecology of the Suffolk County Department of Health Services. The meeting was attended by Arthur Kunz, Executive Director of the Suffolk County Planning Department, several representatives of the Suffolk County Department of Health Services, and five representatives of Fishers Island. ?\ list of the meeting attendees is attached. The purpose of the meeting was outlined in Mr. Minei's letter of May 18, 1990, a copy of which had been distributed to the Town Board and the Town Trustees last month. For your convenience, a copy is attached hereto. At this meeting, it was made clear that several staff members of the County Health Department have serious reservations about continuing to issue permits around Barlow Pond. Their concern is based on the lack of information about the potential impacts of potential development on the water quality of the entire public water supply system on the island. They are in strong support of preparing a generic environmental impact statement for all of Fishers Island, with particular emphasis on the drinking water supply reservoirs, namely Barlow Pond, Middle Pond and Treasure Pond. At the time of the meeting, the Health Department was waiting for the applicants (Woolridge and Stripp) to supply Part III of their environmental assessment forms. Once these are received, the Health Department has to act on the applications within thirty (30) days. Since a representative for one or more of these applicants was present at this meeting, it is probable that the remaining environmental information will be submitted shortly. Basically, the Town and the Health Department have less than 30 days to act. Mr. Minei's letter indicates that the Town's cooperation is needed in order to provide some of the resources and money needed to complete the study. Evidently, neither department has the resources to complete the study on their own. However, they are willing to pool their resources in the Town's behalf, provided the Town agrees to put up a share of the cost. The County Planning Department is willing to oversee the actual preparation of the generic environmental impact statement for about $2,000.00. The Health Department is willing to oversee the work of a private contractor. During the meeting it was projected that the amount of money needed.-to hire a private contractor to complete the study could be between $40,000.00 and $60,000.00 assuming no information was available about Fishers Island. During the course of the meeting, it became evident that neither the County Planning nor the Health departments had any information or maps pertaining to Fishers Island. Given that the Town does have some of this information, it was agreed, that if the Town Board authorized me to do so, I would put together a package of all planning and hydrogeologic information pertinent to Fishers Island and transmit that information to the Planning and Health departments. They, in turn, would review the information, and determine if it was sufficient for their needs. The Planning and Health departments would then prepare a revised, and more accurate, cost estimate for preparation of the impact statement. RESPONSE: The Town Board must decide how it wishes to respond to the Health Department's request for Town assistance. To date, the Town Board's position has been that, while it does not object to the Health Department's determination to go ahead with an environmental review, it does not wish to be a lead agency. Also, it felt that it did not have juriSdiction to be lead agency. Given that this position was taken during the last administration, and under the guidance of another Town Attorney, this administration and its Town Attorney may wish to reexamine the issue and determine what position it wishes to take regarding this matter and request. The Health Department reiterated that they still feel that the Town, whether it be the Town Board or the Trustees, should be the lead agency in this action. The Health Department inquired as to the position of the Board of Trustees on this matter. Since there was no spokesperson present on their behalf at this meeting, that question remains to be answered. In summary, the Town Board must address the following questions: 1. What is its position regarding lead agency status on the review of Barlow Pond? 2. Does the Town want to fund part of the cost of preparing a generic environmental impact statement on the potential impact of future development on Fishers Island's water supply? 3. Is" the Town Planner authorized to pull together all the available information on Fishers Island and transmit same to the county's Planning and Health departments? As indicated by the Health Department, time is of the essence. If additional background information is needed, please let me know. Also, do not hesitate to contact Vito Minei, Supervisor, Office of Ecology at 548-3055 for clarification of the Health Department's position. cc: Planning Board Victor Lessard, Principal Building Inspector Board of Trustees ..I:!U:'i-~ - t:?_'~1~.UUIJ~~ "SQHs - t::QS ~tJe- C5 I l'1'm L ~.4-? 1o~ 7tAN~~ ':'~f57.~ 41~~ I -::rTSlJSI-J ~ . S~H . ! ~\.z" (2o~ ~l:l*S ~;:V-&~....J,..~~~~ ~ ~ \~~ IgAUI-~Xc:.......tv/t..o:). S~~o.rI ~ 'i,\;---;i"\A 1L'f_IN 11 Ii! Gkf111 d~ ;:),1'\1.0, COllS~ ~ .~.s /3~7 S c. tf%/.2a21:1 dP'~ ::'1--~~ Mk<- ~}ll J:;\d~~~~\!-.L Deo . /ift~~1)~/L J' C)) lir , ' V ~ILi/J '/ 1'--s-- ,938" 73'il - /7.3, 'I ~48 -~g93 S't'( -"111~ '7 iI~ - I ?6 ~ 3YR'-l.7,' I, &K3-0bP.J_ 3<6:0 -s...?.a3 .3~(L:::_.s.I:;J/_._. 71'1- 7c:7.r l 7ffff-71$J<;, St/J?- ]e?6l> StjJ>- JD675 e~"L~fJwM..L~ fA"''''''''''!) G\~wAtt-OS I I I . 11_..' Q-OU1.0 ~-t1f.JEnScrt) ,II Ii. 1'1 i\ II " I ii ! Ii !'I iil " 5.~d4..IL:!iJ...,~ f'h"'.'!.~I..&.A~~ ;Jtg- ') C"S ~ Frs~...,..-; I T.:1411<-e!c..wClL",..N ?"iI'?-7b4b GCJ:)H~~J1fL'c.!,4-&d'fftJ 2'!.(,'V,l1IUJ'1"d:.) ';-"18'- 0060 . 1'1 lil ii, .........._.__;.L......_..__._.__~__.______.___.. 1:: . : ~ ~~~j".. ~,;;~~ .t! Wi' ','1 !f~l ~.' .fa .. "....,'" ~~.. ~~....."'-V ~"!f'JJiw.;; WICblfM ()UV/'r SUb. ebkJM.t>";;;".pvt IOWN i~~ Yno COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOI..K COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER May 18, 1990 Ms. Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, Ne~ork 11971 RE: Fishers Island Drinking Water Supply, Barlow Pond Reservoir Protection Dear Ms. Scopaz: We are concerned with the development which is proposed in the Barlow Pond area. As you know, this pond represents an important surface water supply reservoir for Fishers Island. The potential impacts of groundwater contribution (septic effluent, fertilizer leachate, etc.) and stormwater runoff on Barlow Pond have not been documented. Currently, SCDHS has requested SEQRA lead agency status on the W ooiridge (SCTM # 1000-7- 3-3.15) and Stripp (SCTM #1000-7-2-9) projects. In addition, there are several other developable parcels in the immediate vicinity of the pond. Therefore, we believe that a comprehensive study of the area may be warranted. Such a study would include the installation of monitoring wells (groundwater sampling), the sampling of surface water, and the delineation and analysis of the stormwater runoff-contributing area. Natural resources such as wetlands also should receive full attention. Recommendations from such an intensive study could include a watershed management program, open space buffers, building setbacks, and alternative development scenarios. The above- mentioned program of study is not intended to serve as an exhaustive set of criteria and measures to be undertaken. Rather, it serves to illustrate the depth and complexity of the potential problems in the Barlow Pond area and the corresponding need for mitigation. Unfortunately, SCDHS currently does not have the resourcel>:;t~mpl~t~~-:i'n exhaustive technical study. An approach to addressing the need for generalmiha~.hi:ni'guidaiJ.ce in this area , ~ )J ; ~ would be the preparation of a Generic Environmental Impact Statement. In. the past, the Suffolk I\L1'l\\ :iAI L '- k."."",.;.'(~''':' r-:~'~'. , ~-- ~ COUNTY CENTER RIYERHEAD. N.Y. 11901 ~. ; '~.. '~'1 Lener to Valerie Scopaz May 18, 1990 Page 2 County Planning Department (SCPD), upon request from local municipalities, has prepared Generic Environmental Impact Statements for selected areas in the County. Based on a conversation with Anhur Kunz, Director of SCPD, we understand that under current county budget restraints, the SCPD is unable to conduct such studies free of charge. Therefore, we wish to request that your agency consider undertaking or contributing resources to this effort. We believe that your coordination and cooperation with SCDHS and SCPD are in the best interests of all agencies and parties involved and hope to expeditiously ensure the protection of the natural resources of Barlow Pond. For the purpose of discussing possible options for further action, a meeting has been scheduled for 10:00 a.m., June 13, at Town Hall, Southold. Please advise us as to your position regarding this maner. If you have any questions, please feel free to contact the Office of Ecology at 548-3055. Sincerely yours, ~~~. Vito Minei, P.E. Supervisor, Office of Ecology Original letter also sent to: Albert Krupski, Southold Town Trustees Bob Wall, Fishers Island Water Works Corporation Thomas Doherty, Fishers Island Development Corp. John Thatcher, Fishers Island Conservancy, Inc. cc: Aldo Andreoli, P.E. Louise Harrison Stephen Costa, P.E. Paul Ponturo, P.E. . Anhur Kunz, Director, SC Planning Steve Sanford, NYSDEC -'-.':~- .--T~ -~-~._':." " " ....-.... I' I, ..;:,[ ,._.L. I ~.~:-~; f"" .} ? - - .,. ---~., ::'j:_~; . Ii.. Y/{!0 FISHERS ISLAND WATER WORKS CORPORATION FISHERS ISLAND NEW YORK 06390 AREA CODE 516/788-7251 June 14, 1990 T own Board Town of Southold Southold,N.Y.11971 Dear Town Board, In view of the growing number of building applications for the properties surrounding Barlow Pond, The Fishers Island Water Works requests the Town Board to formally petition Suffolk County to undertake a Generic Environmental Impact Statement for the purposes of setting specific guidelines for the watershed areas of Fishers Island. Ms. Valerie Scopaz has generously offered to become an unofficial co- ordinator. With her help, and the various reports and information available on Fishers Island to Suffolk County, I feel that hopefully the cost of the project can be kept to a minimal amount. Cooperation from all the Island agencies is fully expected. Our water supply has historically been Barlow Pond with supplemental transfer in dry seasons from Middle Farms Pond and Treasure Pond. Between these ponds on Middle Farms Flats the Water Works has just installed a system of three wells which for the past three months has been supplying by themselves the needs of the Island. The controls needed on existing construction and the impact of future construction around these ponds and around these wells are of great importance to the integrity of the water supply. We request that pending building applications be thoroughly reviewed by those developing the Impact statement unti I such statement is completes and the guidelines are in place. Thanking you in advance for any assistance you may be in this most important matter. Sine ,~/ / ~,k 41t-tt_F7"l "Zkb1{)' , Thomas F. Doherty Jr. President .~. _'",_",'.'.O:~_"__'~:'~.,..., "T"'!I""-r,~;" ---.:-- - .. 1~.fft{""'II/~ ~/8/lfftl k~ .?V./SC(?h':S""~: ~~~ /1 I<},./I( ~ ~~4UJ ~~~r/l~ ~ flzL)~ ~~~r4'~1f;t ~ .sOlo Cs:-~, ~~. ~k-~.,,~,~~~ ~T~~K)~ax,$. x~~~~'r~~ ~l~ ~~ ~ ~~~~A~: -r-~~~~~~ >/.,~~~;;rC>"'<1 la~~_ If~~~-r~~~~ ~~ ~ -?iJ~,kY 7lJ~ FV~~ ~ez:, ~,c~!)a)~~.h~~ ~~~~~~~ ~~1 ~~, t1h d<Ar: f t?>t r/ u ~ 'f;u-T~ ~~~SCJJ115 ~' '~':::;:;,":"'''i--o...--.'I ' .a -<Ii ~ ~~~ ~~ .-dycldJ4kJ<l~' ;~~~~~~~~ - ~/~,t:, fj~ 7~ f] ~~~ r/~/~~7b..'Z?~T ~~~~. - ~~~T7~ ~~~~~~~4~~~ . 1-2-~~-7.~~A~ -~r~f~;' #to<~ n'eJ~q' n ~ ~~"' ~ ~~ --- f!~~~/~~p~ ~/1.U14t/~ ~~r ~/d 7l5~.k.&~/ ~~~ ISZi/rnt)-~~ ,{~, ~r- - 'flJ~ -~;yA)J(~~ /i:d-21T 4;~ /-o~. ~.;K.'",'t~,'f}~~r:t;7_"i ' . ~H~ ~ -i:5~w~~ ..sT. Mr~. "Sc:l) H S - 1c::>..S J~L- ~A--2..-- 1o.v~ ru'\1U~ 1(..'3>> 17'.38'" ~,~~ ~ ~ 72'if -773t! -~EUEi,1V 0't-ll-'1 sc~~s YfB - 2.S't3 ~~'-\ Co~ ~'\)*S So/{ -'111J-- ~ ; ~o-.:. L E:~ b ~ \~ ~""t '7 II ~ - I ?fJ J.., 7Au,- yo.....-rv/U) SCboti -.S 3Y8'- z..77" ~_ MA~,~ 11 /, Glen 1/ JZt~ :smO, COl\SLi 1-t[V\, &:s-]~ 0 bV ~e's 8~J Sc. ~/7I7/r;j'/ 360-.5~a3 4Y' ./-h~tI;' KuJ1z- ..rC I'lalt~' ( .3~ CJ - .5' /:JI ~ .---:: ,...---;J / , /(}I'JI /, f..Ia7 ~V:SJ-IC4 4d WI'ktL 7J:Jf-7';;s-/ f:,'ii KidJ'-<l4~l lP~\ /-1C'CO 7?7<-;'61-';, 00(/1(';, }):lJN1~~l- J(j) /0 sc/?- JtJ6D V,-/D ;t1,f,e,' lJeJI(j S'Irf- J1J6'6 }(e".f~-t1, E J....A.t.h Se-44.tJ 7cJ~'" ~M_,,,,,,.&ALJ ~ 78'g- ") (..,5 ~ ~A--I/"1"'v~ (;;')CvA"OS h.t.<-rt-'" T -~4TI~C-!c-'''''''''L'''~N -1"i<?~/b4b -.:..J t.l tJ e-- fs I t'i' 'I'D tou.-i0e" ffarnso-n Sf!>H ~ 6M'c.u{ &d DfftJ (":Pf"v hI, 11Nt~ ) YJf8'-OO60 $.te.P\Lt ./ (f\k.M\NU. c::.DP CJ ~ -re -p~ ',ACflS> R... COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER May 30,1990 Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, New York 11971 RE: Meeting - Fishers Island Drinking Water Supply, Barlow Pond Reservoir Protection Dear Ms. Scopaz: Please be advised that there has been a chanee regarding the above. While the meeting remains Wednesday, June 13 at Southold Town Hall, it will be held at 11:00 a.m. rather than 10:00 a.m. Sincerely yours, ~~ Vito Min~i, P.E.~ Supervisor, Office of Ecology Original letter also sent to: Albert Krupski, Southold Town Trustees Bob Wall, Fishers Island Water Works Corporation Thomas Doherty, Fishers Island Development Corp. John Thatcher, Fishers Island Conservancy, Inc. cc: Aldo Andreoli, P.E. Louise Harrison Stephen Costa, P.E. Paul Ponturo, P.E. Arthur Kunz, Director, SC Planning SreveSanforo,NYSDEC I rill l~ ~;~ ~.. [i 'Uui -~'- 1199) L_. c r COUNTY CENTER RIVERHEAD, N.Y. 11901 . ~.,. .~.~"_.";.,,. lit,Yfi'C:'~ lift:. ~.. ,,~! . ~ ' , .. ~:;;"'~~ WICbl~ OUVf>r Sub. et>w~T>~...flV~ "TOWN ~.(~ V~D COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER May 18, 1990 Ms. Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, Ne.,yOlk 11971 RE: Fishers Island Drinking Water Supply, Barlow Pond Reservoir Protection Dear Ms. Scopaz: We are concerned with the development which is proposed in the Barlow Pond area. As you know, this pond represents an important surface water supply reservoir for Fishers Island. The potential impacts of groundwater contribution (septic effluent, fertilizer leachate, etc.) and stormwater runoff on Barlow Pond have not been documented. Currently, SCDHS has requested SEQRA lead agency status on the Woolridge (SCTM # 1000-7- 3-3.15) and Stripp (SCTM #1000-7-2-9) projects. In addition, there are several other developable parcels in the immediate vicinity of the pond. Therefore, we believe that a comprehensive study of the area may be warranted. Such a study would include the installation of monitoring wells (groundwater sampling), the sampling of surface water, and the delineation and analysis of the stormwater runoff-contributing area. Natural resources such as wetlands also should receive full attention. Recommendations from such an intensive study could include a watershed management program, open space buffers, building setbacks, and alternative development scenarios. The above- mentioned program of study is not intended to serve as an exhaustive set of criteria and measures to be undertaken. Rather, it serves to illustrate the depth and complexity of the potential problems in the Barlow Pond area and the corresponding need for mitigation. ~nfortunately, SCDHS currently do~s not have the resource~.:tm~19~~ran .exh~ustive technIcal study. An approach to addressmg the need for general~agement gUIdance m thIS area , ~ \J , ~ would be the preparation of a Generic Environmental Impact Statement.. In. the past, the Suffolk. 'UU; :IAl /.. L. [j. ........,.... l--T~~i.:;',' ,-.-.- COUNTY CENTER RIVERHEAD. N.Y. '1901 .,.. Letter to Valerie Scopaz May 18, 1990 Page 2 County Planning Department (SCPD), upon request from local municipalities, has prepared Generic Environmental Impact Statements for selected areas in the County. Based on a conversation with Arthur Kunz, Director of SCPD, we understand that under current county budget restraints, the SCPD is unable to conduct such studies free of charge. Therefore, we wish to request that your agency consider undertaking or contributing resources to this effort. We believe that your coordination and cooperation with SCDHS and SCPD are in the best interests of all agencies and parties involved and hope to expeditiously ensure the protection of the natural resources of Barlow Pond. For the purpose of discussing possible options for further action, a meeting has been scheduled for 10:00 a.m., June 13, at Town Hall, Southold. Please advise us as to your position regarding this matter. If you have any questions, please feel free to contact the Office of Ecology at 548-3055. Sincerely yours, u~- Vito Minei, P.E. Supervisor, Office of Ecology Original letter also sent to: Albert Krupski, Southold Town Trustees Bob Wall, Fishers Island Water Works Corporation Thomas Doherty, Fishers Island Development Corp. John Thatcher, Fishers Island Conservancy, Inc. cc: Aldo Andreoli, P.E. Louise Harrison Stephen Costa, P.E. Paul Ponturo, P.E. Arthur Kunz, Director, SC Planning Steve Sanford, NYSDEC "._._.-...~-~.".,. " il ,"I .' " i . . ,! :2 2 .. ,._.L:_., l 1---.- :::~:~i :-;':;U.} ,. rl!;' .-- COUNTY OF SUFFOLK ~~~ f'~. \t~;)~~ . nr'fI - ....~ ~1t'(\)~'> r.cs Sub. \JS PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D.. M.P.H. COMMISSIONER May 18,1990 Glen Just, President JMO Consulting P.O. Box 447 Quogue. New York 11959 RE: Application of Strlpp SCTM # 1000-7-2-9 SCDHS Application # 90 S006 Dear Mr. Just: The NYSDEC has conducted a coordinated review of the subject proposal pursuant to the requirements of NYCRR, Part 617.6 of the NYCRR. The thirty day comment period has expired and there has been no objection raised regarding our agency's stated intent to assume lead agency status. As a result. please be advised that the SCDHS has assumed lead agency status for the subject proposal. As lead agency, the SCDHS has completed the EAF Part 2 as required by NYCRR,Part 617.5 (5)(b) in an effort to make a determination of significance (see attached). Based on the materials and information reviewed, our agency has determined that several of the potential impacts identified in the EAF Part 2 are large and may be significant. Also. as noted in the EAF Part 2, we are concerned about the community's comments regarding this and other proposals in the Barlow Pond vicinity. As a result, our agency requests that you provide additional details pertaining to these potential impacts and recommendations for appropriate mitigation measures to assure that potential impacts are mitigated to the greatest degree practicable. Additional information should be provided in an Environmental Assessment Form Part 3 and provided to SCDHS when it is complete. The principal areas we wish to see addressed in greater detail include the following: 1. All requirements of appropriate Articles of the NYSECL which may affect this proposal (Article 15 and 24) are most important to this discussion. COUNTY CENTER RIVERHEAD. N.Y. I tilOI -----" . Letter to Glen Just May 16,1990 Page 2 2. Adequate protection of surface and groundwater quality must be ensured with due attention provided to any construction or operation causing any contamination of a water supply system. Potential mitigation measures for the prevention of such contamination should be presented. 3. As provided for in Section 617.11 of NYCRR, an examination of the existing conditions of lands surrounding Barlow Pond as well as the potential for future development in the vicinity of the pond should be evaluated. The potential for cumulative impacts to this area is of great concern to our agency, and issues pertaining to comprehensive mitigation measures are important to our decision- making. 4. It is our understanding that there is some public controversy over this proposal. To the extent practicable, we would like to have this issue discussed in the EAF part 3. Specific concerns which we have identified are contained in previous correspondences from SCDHS to NYSDEC, dated March 23, 1990 and April 1 0, 1990, which are attached for your use in preparing a Long EAF Part III. As you are aware, we will await the requested information prior to rendering a determination of significance. Thank you for you attention to these concerns. Should you have any additional questions or concerns, please feel free to contact me directly (548-3312). Sincerely, ~ Roy Reynolds, P.E Sr. Public Health Engineer RR/WD/amf Attachment cc: Paul Ponturo, P.E. Vito Minei, P.E. AI Krupski, Southold Town Trustees Valarie Scopaz, Southold Planning Department J Robert Schneck, NYSDEC Steven Sanford, NYSDEC -' COUNTY OF SUFFOLK Svo, p,e,. vs , PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER May 18, 1990 Ms. Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, Ne.. 1[~ 11971 RE: Fishers Island Drinking Water Supply, Barlow Pond Reservoir Protection Dear Ms. Scopaz: We are concerned with the development which is proposed in the Barlow Pond area. As you know, this pond represents an important surface water supply reservoir for Fishers Island. The potential impacts of groundwater contribution (septic effluent, fertilizer leachate, etc.) and stormwater runoff on Barlow Pond have not been documented. Currently, SCDHS has requested SEQRA lead agency status on the Woolridge (SCTM # 1000-7- 3-3.15) and Stripp (SCTM #1000-7-2-9) projects. In addition, there are several other developable parcels in the immediate vicinity of the pond. Therefore, we believe that a comprehensive study of the area may be warranted. Such a study would include the installation of monitoring wells (groundwater sampling), the sampling of surface water, and the delineation and analysis of the stormwater runoff-contributing area. Natural resources such as wetlands also should receive full attention. Recommendations from such an intensive study could include a watershed management program, open space buffers, building setbacks, and alternative development scenarios. The above- mentioned program of study is not intended to serve as an exhaustive set of criteria and measures to be undertaken. Rather, it serves to illustrate the depth and complexity of the potential problems in the Barlow Pond area and the corresponding need for mitigation. Unfortunately, SCDHS currently does not have the resour technical study. An approach to addressing the need for general would be the preparation of a Generic Environmental Impact St "1';'" ~ exhaustive h'liiIice in this area ,\ ntt4Afibt f-m' the Suffolk W! k,,-,,,, f COUNTY CENTER RIVERHEAD. N.Y. 11901 \- , j " Letter to Valerie Scopaz May 18, 1990 Page 2 County Planning Department (SCPD), upon request from local municipalities, has prepared Generic Environmental Impact Statements for selected areas in the County. Based on a conversation with Arthur Kunz, Director of SCPD, we understand that under current county budget restraints, the SCPD is unable to conduct such studies free of charge. Therefore, we wish to request that your agency consider undertaking or contributing resources to this effort. We believe that your coordination and cooperation with SCDHS and SCPD are in the best interests of all agencies and parties involved and hope to expeditiously ensure the protection of the natural resources of Barlow Pond. For the purpose of discussing possible options for further action, a meeting has been scheduled for 10:00 a.m., June 13, at Town Hall, Southold. Please advise us as to your position regarding this matter. If you have any questions, please feel free to contact the Office of Ecology at 548-3055. Sincerely yours, ~~ Vito Minei, P.E. Supervisor, Office of Ecology Original letter also sent to: Albert Krupski, Southold Town Trustees Bob Wall, Fishers Island Water Works Corporation Thomas Doherty, Fishers Island Development Corp. John Thatcher, Fishers Island Conservancy, Inc. cc: Aldo Andreoli, P.E. Louise Harrison Stephen Costa, P.E. Paul Ponturo, P.E. Arthur Kunz, Director, SC Planning Steve Sanford, NYSDEC , ~ l " ,-~ q . l! \\ii ", 1 i ,( \;,1 i MAY 221990 I'A'L ...._ L:-f~l~.i{:~~Y.- VALERIE SCOP AZ TOWN PLANNER J.~>';;~i~~ .i 2 -'\ ,. ....... ___ -' .j.. .1",":,-_h~# T~~~~~. ' ' "_'~,'J:. ":::'",;~;: ~:;::--~-;:..~... Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765,1938 MEMORANDUM FROM: John Bredemeyer, III President, Board of Trustees Valerie Scopaz r~ Town Planner y. TO: RE: Coordination with Suffolk County Department of Health Services: Fishers Island DATE: April 3, 1990 As a result of a long running series of discussions dating back to the late 70's and early 80's regarding the subdivision map for FIDCO on Fisher's Island, Roy Reynolds of the Wastewater Division of the SCDHS will be requesting the Planning Board's coordination during its environmental reviews of all applications to build individual lots around the public reservoirs of Fisher's Island. If you wish to be a coordinating agency on future applications for permission to locate septic systems on lots adjoining public water supply sources on Fisher's Island you could ask Roy to put the Trustees on his coordination list. If you need background information as to how and why this procedure came into existence regarding the FIDCO map you should talk with Victor Lessard who coordinated the Town's efforts on behalf on the Town and Planning Boards in resolving this matter with the Health Department. cc: Bennett Orlowski, Jr., Chairman, Planning Board Tom Wickham, Chairman, Planning & Zoning Committee Victor Lessard, Principal Building Inspector