HomeMy WebLinkAboutLetters to SCWA MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin~fin!~egan@town.southold, ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lorLhulse@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
April 22, 2010
SCOTT A. RUSSELL
Supervisor
Town HallAnnex, 54375Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone(631) 765-1939
acmmzle (631) 765-6639
RECEIVED
APR 2 7 20]0
Mr. Stephen M. Jones, Chief Executive Officer
S~ffolk County Water Authority
4060 Sunrise Highway
Oakdale, NY 11769-0901
$outhold Town Clerk
RE: Board of Trustees/Administrative Permit for Directional Drilling
Beneath Dam Pond
Dear Mr. Jones:
As I trust you are aware, the Town Board declined to adopt the proposed local
law amending the Town's Water Supply Map pending the adoption of the Town's
updated Comprehensive Plan and the submission by the Suffolk County Water Authority
(SCWA) of proof of the demand for public water by the residents of Orient. As such, the
Town of Southold maintains that the installation of any portion of the water main is
prohibited at this time in accordance with the long standing and well established
agreement by the SCWA to defer to the Town's authorization of any water main
extensions.
With respect to other required approvals, although the Board of Trustees issued
the SCWA an administrative permit in July 2009 for the Authority to undertake directional
drilling under Dam Pond, it has come to the attention of the Board of Trustees through
public disclosures made in connection with the Town Board's consideration of an
amendment to the Town's Water Map that additional approvals may be required from the
Board of Trustees. It is clear that certain sections of the proposed water transmission
main extension between Dam Pond and Browns Hills are within the jurisdiction of the
Board of Trustees and, since the administrative permit was granted for the limited scope
of work entailing the directional drilling under Dam Pond, any installation contemplated
beyond the Dam Pond area will require a Wetlands Permit pursuant to Chapter 275 of
the Southold Town Code. We are also advised that the permits previously issued by the
NYS Department of Environmental Conservation and the Army Corps of Engineers are
likewise limited to the directional drilling under Dam Pond.
As I am sure you would agree, it is inappropriate and contrary to the mandates of
the Environmental Conservation Law and related regulations to obtain permits for a
proposed action in a piecemeal fashion. We would respectfully request that the SCWA
Mr. Stephen M. Jones
April 22, 2010
Page 2
review the existing permits, to the extent they are valid, and amend your application to
the Board of Trustees so that the requisite review of the entire action can proceed.
Please be advised that no further action should be taken with respect to the proposed
water main extension until all required approvals are obtained and the Water Supply
Map is formally amended by the adoption of a local law by the Town Board.
Please feel free to contact me with any questions you may have.
MDF/Ik
cc: Timothy J. Hopkins, Esq.
Members of the Town Board
Members of the Board of Trustees
Mr. Damon Rallis, Zoning Inspector
Ms. Elizabeth A. Neville, Town Clerk
SCOTT A. RUSSELL
SUPERVISOR
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
February 3, 2010
Mr. Stephen M. Jones, Chief Executive Officer
Suffolk County Water Authority
4060 Sunrise Highway
Oakdale, NY 11769-0901
RE: SCWA/Orient Water Main Extension
Southo!d Town Clerk
Dear Mr. Jones:
in response to your letter dated January 13, 2010, the Town has determined that
it will no longer consider amendments to the Town Water Map after a main has been
installed. The Town, in response to residents' demands, has previously determined that
all requests and/or petitions to amend the Water Map must be adopted by local law, after
a public hearing and SEQRA review. While your letter indicates that the SCWA "is
supportive of the Town holding a public hearing to consider amending the town water
map," at present, the Suffolk County Water Authority ("SCWA") has failed to formally
request an amendment to the Water Map. It was our understanding that SCWA was
willing to make such a request in an effort to continue the cooperative effort of balancing
the need for public water with the Town's concern of providing water to identified priority
areas within the Town.
Further, with respect to SCWA's intention to draft an Orient water supply plan
and an environmental impact statement, the Town requests that it be given the
opportunity to comment on the Plan prior to its adoption and that the SCWA coordinate
SEQRA review on the plan, with the Town designated an involved agency.
We look forward to SCWA's continued cooperation with the Town.
s~ll~____~__~°urs'
Supervisor
SAR/Ik
cc: Members of the Town Board
Martin D. Finnegan, Town Attorney ~
Ms. Elizabeth A. Neville, Town Clerk