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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