HomeMy WebLinkAboutPublic Water Supply - 1990
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PLANNING BOARD MEMBERS
Bennett Orlowski, k, Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
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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.
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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.
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Page 2
Inventory Map
I look forward to hearing from you soon.
Very truly yours,
Valerie Scopaz
Town Planner
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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
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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.
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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
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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.).
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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,
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Gohrt'H~~hatch&~;j~ - President
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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.
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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
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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,
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John M. Bredemeyer, III
President, Board of Trustees
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cc: Supervisor Harris
Town Board
Planning Board
Vito Minei, SCDHS
Arthur Kunz, Suff. Co. Planning
Steven Sandfo~ NYSDEC
Bruce Anderson
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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.).
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AGREEMENT TO PROVIDE PRO.n:CT SERVICES
FOR
FISHERS ISLAlilD WATER RESOURCES STUDY
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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:
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DEPUTY COMMISSIONER OF HEALTH SERVICES
DATE:
'DATE:
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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.
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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
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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.
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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
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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.
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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
"
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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.
...",-.~-'"
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8 of 10"
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(~) '!'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
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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
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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
---.- ----.----- -------- -- -
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----- ......--.-- ---.--~--
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
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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.
- -- -------- -- -----.------- -...
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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
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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.~------ _ .
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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)
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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:
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~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
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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
., ...., "'\......
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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.
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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.
, ,
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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
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From:
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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.
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Southold Town CI~r...u
August 9, 1990
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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
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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:
..
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,
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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
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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
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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
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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.
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COUNTY OF SUFFOLK
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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
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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.
" ,
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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
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. 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)
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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
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From:
Arthur Kunz,
Director of Planning
Vito Minei, P.E. pAt
Supervisor, Office of Ecology
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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
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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
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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
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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.
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FISHERS ISlAND
1987
Prepared for the
Fishers Island Civic Association
and the
Fishers Island Development Corporation
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June 1987
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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
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32
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36
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45
46
46
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51
54
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57
61
61
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68
Conservancy 6S
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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.
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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
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72
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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
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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.
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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
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FISHERS ISLAND
surrOIK COUNTY, N, Y.
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LEGEND
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Or> "Hllry: furl 'Ar ;r;'lt S('pt ic Syst(':!l Area
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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.
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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.
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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
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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
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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.
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LAND USE PLAN
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SUFFOLK COUNTY
TOWII OF SOUTHOLD PLANNING BOARD
r.AYI.1Qrlf). ~V.f'Il~H, pUlE 8. WEINER, INC. -P\...AtltlING AND COMMUNITY DEVELOPMENT CONSULTANTS
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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
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Marine Recreation
Morine Business
Lighl Industrial/Office Pork
Light Industrial
T ronsportotion/Utilities
Recreation
Open Space
Public/Sern- Public
Proposed Rood
Proposed Rood Improvement
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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.
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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).
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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.
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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
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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
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*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.
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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.
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Watchman, compiled by a local realtor.
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! Table 4
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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**
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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
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i West 1 0 81/S95 86/S235 S95/$235 N/A
, West 1 ~--;~~j~ 0 81/$53 86/S180 S53/S180 N/A
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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.
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~ C. ZONING
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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.
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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.
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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".
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C
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BUILDING ZONE
MAP - 1970
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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.
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TOWN OF SOUTHOLD, PROPOSED ZONING MAP - MARCH 1987
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} 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).
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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.
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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.
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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.)
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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
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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.
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WEST END I
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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
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*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" \
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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
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ISLAND
END 1
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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
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FISHERS
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IS LAND
END 2
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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.
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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.
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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.
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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
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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::--~
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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.
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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.
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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.
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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.
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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
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Total Wastes Deoosited
- (tons)
135
338
135
192
800 tons
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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.
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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).
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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
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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
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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.
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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.
--~~
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*Excerpt from the Maste~ Plan Update, Backqround Studies, Town of Southold,
1984.
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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.
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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) .
~-~~-
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NATURAL RESOURCES
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(2;] POND/WETLAND
. l......t.. "'I_latt..., thot "'SOte
ill BeACH IOUNE
m STEEP StOPE
c:J HIGH GROUNOWATER
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WILDLlFE HABITAT
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FISHERS ISLAND I
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Figure 9
NATURAL RESOURCES
!'ISH!I"
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. lftCl.u'....9vlotl...brl...n5DEC
,.".....
".,
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m SIGNIFICANT
WILDLIFE HABITAT
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FISHERS
EAST
ISLAND
END 1
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SOVIlD
NATURAL RESOURCES
(!:)
POND/WETLAND
. '..tIc.... ..~"1at'O" b, tho HT'SC!C
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o BEACH f DUNE
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o !'IGtl GROUNDWATER
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Figure 10
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ISLAND
END 2
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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.
--~
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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.
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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.
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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.
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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.
~.:....,::::~
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*Excerpt from AR Lombardi Associates, Wastewater Facilities Plan, 1981.
(Scientific names have been deleted.)
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Figure 11
COASTAL PLANT COMMUNITY CROSS SECTION
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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.
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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
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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
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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
.
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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.
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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.
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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.
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Figure 12
REGULATED
COASTAL ZONES
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COASTAL EROSION AREA
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.
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
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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.
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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.
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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
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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
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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.
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,
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
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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
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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.
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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
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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
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~-
-
-
-
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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
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Figure 15
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25~OOOFEET'
SOIL SERIES MAP - FISHERS ISLAND. WEST END
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,.;vr;:.,*~~:rm~,~", .
.
Figure 16
SOIL SERIES MAP
~
FISHERS ISLANO, EAST END
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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...
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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]
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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." $u:JS[.."tJ"; (,;,v'r..t."n, r~',:,-,"~ C rll": t, un, muU.lu'..tl"n or cxp.~Il~ ion oi e" l!o t ~ I'll( tunct IOn- J
., n:;'Lt!l'ror,.1l Cr"Cturer. ..I"..:h .11-,' ,lnol 101' I L cont'nILC <0 b, lCC.HL(' 75 feet PC nr.rC' (or
j() r::,c , ..',-,. " (. ,r ~ (. : ~" , I r~'~, t!" ',,]', ~ L,'''';",,":!.r'l l'<-!.... o' a"" t(<lJl \Jl.'ltJ.C\,'. ~!A N,\ ~1':1
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[35, Cl.ILttV.Hlng .1.nd h.uvestlng naturally occurring agricuLtur_l and l.:1rtlcuLtUl'al productl,
other t'n'" .1ct.Vlt_C~ cr:>~"'rcd bv Itc",! )6 and ,7 bclr>.....
36. ~1.1nu.;&l ','" v. ~ t I ",' .., [ ~..L L t h.IY.
37. Il.H'\'~~C:' ,'I ,..de h.1v bv "'cchJ.nlc.:ll r.Q\llP"1C'llt.
38. Subst.1n: ...11 II\0d It H .Jelon oJ! .:Igr lculcur.11 .h tClle:; l.:n.ltul.ly eXUC1: S on the effectlve
dolce ....j t'll~ P~rt.
J<). \;,-", ol_t'l..ulc.rJl .HtI.VltICS not covered bv lerro'!> J5-3d.
[400 Conllectl..1" .H el.:ccrlc.g.:u. 5e..,er, water, t.:lcpnone or acheX' utl.te1.e, frOlll an exiscing
dlstribu:ion utIli:v f.lI;:ditv to an e:<i~.tin~ SCl'ucturc.
41. 1n,;t.11at101\ oi unlo!rgr;)unc1 electri.c. sewer, w3tet or othar uti.l.ti.c. "'here .uch install..
ation will involve restoration of exisung lil1'ounc1 elevation, oth!t th3" activities covered
bv it~m .:.0. CCD
42. Instdlbtlon of ebctric. gas, sewer, water or other utllities, lthotr thAn activitie.
covered bv ltem ~O or ~l.
IoJ. Irut.1l1.!,:\01"l or a J'fV yell. retention b3<;t1"l, fi.lter, open "iuaIe 'I' .,ond.
[44, New disc!l.ng<.! at any pollutant requi.rlng a SPOES pcrmit pursuant to the environmental
conservaticn l:l.v 3.,d complvi1"l2 "..lith the r,eQUlremenu iot' the :.ss ..anc~ "f such a ~erfl1it.
4S. InstallaClon of .a Jewa~e dispes.al septlC [,I.nk, cesspooL, leAch a:: .elc1, or .eepage plt and
dhch.arl!;e of any ~ollutant into such faCllities not requiring a :'PDts permit punu.ant to
article 17 of t~e !nvtr"nr.1ental conler/atien h\#'. PIo
[46, Con$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.
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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.);
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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""~
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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 ) ;
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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);
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(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
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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
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I A. REFERENCE PUBLICATIONS
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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
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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
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Ii C. RESOURCE PERSONS
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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
'*---~-=~
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VALERIE SCOPAZ
TOWN PLANNER
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Town Hall, 53095 Main Road
P,O. Box I I 79
Southold, New York 11971
TELEPHONE
(516) 765-1938
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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.
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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
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,
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
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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
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COUNTY CENTER
RIYERHEAD. N.Y. 11901
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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
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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
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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
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COUNTY CENTER
RIVERHEAD, N.Y. 11901
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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
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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
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COUNTY CENTER
RIVERHEAD. N.Y. 11901
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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
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\;,1 i MAY 221990
I'A'L ...._
L:-f~l~.i{:~~Y.-
VALERIE SCOP AZ
TOWN PLANNER
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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