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Town Board hashes out right-of-ways and private roads

AMBROSE CLANCY PHOTO | The Town Board at Tuesday's work session. From left, Town Attorney Laury Dowd, Councilwoman Chris Lewis, Councilman Paul Shepherd, Supervisor Jim Dougherty and Councilman Peter Reich. Not shown, Councilman Ed Brown.
AMBROSE CLANCY PHOTO | The Town Board at Tuesday’s work session. From left, Town Attorney Laury Dowd, Councilwoman Chris Lewis, Councilman Paul Shepherd, Supervisor Jim Dougherty and Councilman Peter Reich. Not shown, Councilman Ed Brown.

The Town Board discussed a question that parsed language and took a look back into history at its Tuesday work session.

The issue was defining differences between a private road and a right-of-way. Building Permits Coordinator Mary Wilson described it as being “in the realm of nothing is simple.”

Trying to come to conclusions on the differences has to do with deciding buildings’ setbacks from the road or right-of-way. The board considered how a private road owned by an individual or an association would differ.

Councilman Paul Shepherd compared the discussion to the United States Supreme Court declaring that a corporation is a person.

Ms. Wilson said that “historically” right-of-ways and private roads have not been treated differently. She noted that history didn’t go too deep when it came to the issue, with the town beginning to issue building permits only in 1957 and zoning laws coming soon after.

On the issue of an individual or an association owning a road, Ms. Wilson said she wasn’t “sure exactly what the answer is because apparently for over 60 years there’s been confusion over it.”

The board decided to ask the Planning Board to investigate the matter.

In other business:
• A subcommittee of Mr. Shepherd, Councilmen Peter Reich and Town Attorney Laury Dowd, tasked with looking into changes in the Irrigation Law, have drafted a brochure for the public explaining the new regulations.

Mr. Reich also suggested forming a permanent committee of a Town Board member, a Building Department employee, a member of the public and a seasonal employee dealing with enforcing irrigation regulations. The committee would act as a clearinghouse for questions and complaints.

• Supervisor Jim Dougherty said he’s in ongoing talks with PSEG officials and Southold Supervisor Scott Russell about an electrical cable project from the North Fork to the Island.

• Mr. Dougherty announced that Suffolk county had sent a check for $112, 661, Shelter Island’s portion of the county’s sale tax dedicate to public safety.

• Ms. Lewis asked if a portable toilet could be installed at Crescent Beach for handicapped residents and visitors. Mr. Shepherd said he was stunned that he had brought up the same idea last year and Ms. Lewis had opposed it.