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HomeMy WebLinkAboutManzi Homes Oregon LandingTOWN: CLERK COP¥ ELIZABETI-I A. NEVILLE TOV~N CLERK REGISTIk~ OF VITAL STATISTICS MAI~RIAGE OFFICEI~ RECORDS 1ViANAGEMENT OFFICEI~ FREEDOM OF INFORM&TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631 765:6145 Telephone (631) 765-1800 so~holdtown.northfork.net OFFICE OF THE TO~VN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz f~ From: Town Clerk Elizabeth Neville ~,~ Re: Request for waiver on Moratorium Date: August 28, 2002 Transmitted, please find request of Steven E. Losquadro, Esq. on behalf of Manzi Homes, Inc. for a waiver/variance to the moratorium on minor subdivision "Old Orchard" located at Cutehogue: SCTM No. 1000-100-6-9.1. © S~EVEN E. LOSQUADRO 701D ROUTE '~SA RO01~Y POINT. EW YORK 1~77~ (631) 7~-9070 FAX (631)' 7~9~ R~ECEIVED August 27, 2002 Town Board Members Town of Southold 53095 Main Road Southold~ New York 11971 Old Orchard at Cutchogue Minor Subdivision SCTM No. 1000 - 100 - 6 - 9.1 Gentlemen: I represent Manzi Homes, Inc., the applicant in the above-referenced matter. Please accept this correspondence as a request for a waiver and/or variance of the provisions of the Town's recently enacted local law adopted on Angt~ 13, 2002 [hereinafter '°the Moratorium"] on the aforementioned property located in Cutchogue, New York. We respectfully submit, for the reasons set forth herein, that such a waiver and/or variance should be granted in order to alleviate the extraordinary hardship affecting the parcel in question and the applicant herein~ Initially; kindly allow me to note that I submitted correspondence to this Board dated July 28, 2002 which set forth the enormous hardship that the Moratorium would eanse my client. A copy of that correspondence is attached hereto. Manzi Homes has expended a considerable mount of time, money and resources in the Old Orchard at Cutehogue trfinor subdivision. My client has incurred substantial canying costs for the property in question, and almost four (4) months ago received sketck plan approval of maps for the minor subdivision from the Planning Board. Moreover, I submit that the variance and/or waiver we seek will not adversely' affect the purpose of the local law. The Moratorium law explains, in pertinent part, ltmt among the factors leading to the law's enactment is the growth of residential subdivisions which place "severe pressure" on the Town's "water supply, agricultural lands," "rural character, natural resources and transportation infrastmcturef' The minor subdivision in question is located in a hamlet area, and thus would not adversely affect the rural . ~haracter of the Town, and would not adversely impact any agricultural lands. Also, Town Board Town of Somhold August 27:2002 public water exists at Cases Lane, the site of the application, and thus there would be no adverse impact on the water supply. In addition, as the minor subdivision will be situated in aa existing hamlet axea - which allows for residents to walk to shopping and amenities - the m/nor subdiv/sion xm2l not adversely impact the Town's natural msonmes and rraasportat~on infrastructure. Manzi Homes proceeded with the minor subdivision at issue for a sitgrificaat period of time - and to a signifieant degree of approval - prior to the enactment of the Mormoriam_ ~urther~ we respectfully snbmit that a waiver or variance will not adversely impact ~ose items ~ifie0 in the }aw itseI£ Accordingly, we respectfully request that a variance or waiver be issued for Old Orchard at Catchogue. Sincerity, Steven Losquadro attachment ST~EV~E~ E, LOSQI~ADRO July 28, 2002 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Old Orchard at Cutchogue Minor Subd~vlsion Gentlemen: Kindly consider this correspondence as an application to exclude the above- entitled minor subdiwision applied for by my client Manzi Homes from the moratorium under consideration in the Town of Southold. For the reasons which we shall set forth herein, we respectfully submit that the failure to exclude this m/nor subdivision for which sketch plan approval has already been granted would cause great fiaanciai hardship m my client. Manzi Homes is a small, family owned and operated company which constructs single family residences. For some time, Manzi Homes has en. ioyed an exceptional reputation in the Town of Soathold as a builder of quality homes that deals fairly and honorably with both the public and the Town government. Mar~ has invested a significant amount of time, money and resources to the Old Orchard at Catchogue subdi~isior~ Irdtialty, Marmi submitted an application fee of $3000.00, environmental assessment forms, and sketch plans to the Town, and shortly thereafter submitted maps, a $800.00 fee and an application to the Suffolk County Department of Health Services [hereina~er "SCDHS"]. Manzi has expended a considerable amount ofmoney for engineering costs, and over the course of the last year bas attended numerous meetings with the SCDHS and the Planning Board in furtherance of this applicatiom On May 13, 2002 the Planning Board adopted a resolution granting sketch plan approval of the maps for the minor subdiw'sion~ and since that time Mauzi has responded to further requests made by the Planning Board, including a request for a $750.00 en'&onmental fee. In light of the substantial time and expense dedicated to this minor subdivision, a failure to have Old Orchard at Cutchogue excluded tSom a momtorinm would work Town Board Members Town of Southold July 28, 2002 an enormous hardship on a family enterprise such as Manzi Homes. Accordingly,.we respectfully request that Old Orchard at Cntclxogue be excluded from any moratormm enacted by the Town of Southold. Sincerely, Steven Losquadro ~ 0~/22/2003 15:28 63~7440032 M~?qZ~O~$I~ P~E 0~ cOUNTY OF SUFFOLK Rober~ J. G~'lTm!=y PO Box oo~3 Slo-o~-ooo~ - Ivinnzi Hom~, Or.on Road- t/o Southold Dear Mr. A~lerson: We a~ yo~ ~en~ ~ ~ ~k~. P]~ a~se me i~ a~ any ~e, ~e appl~nt ~h~ t~ W~ Da~, J~,, PE, JD W~/k~ Board of Re'dew Douglas Feldman, PE - SCDH$ August 13, 2003 RECEIVED AUG Sonthold Town Members Of the Town Board Town of Southold Southotd Town Hall 53095 Main Road Southold, New York 11971 Re~ Moratorium exclusion request of Manzi Homes, Inc. Oregon Lane, SCTM 1000 - 83 - 2 - 9.1 Ladies and Gentlemen: I write in furtherance of Manzi Homes' application for exclusion of a four (4) lot subdivision from the local moratorium. Kindly be advised that while approximately 83% of the farmland on the subject parcel will be preserved (15.97 acres), when the right-of- way is included (100,958 square feet), the mount of farmland preserved then exceeds 90%, and increases to approximately 18.5 acres. Moreover, please note that the amoum of land on the bluffwhich must remain undisturbed and on which no building may take place is an additional 108,747 square feet. We respectfully submit that these further facts compel approval of Manzi's application as submitted. Thank you for your continued courtesy and consideration. Respectfully, Steven Losquadro Authorization o~ SUFFOLK COUNTY WAT~AU'I~iJORITY CONSTRUCTION CONTRACT THIS AGREEMENT between MANZI HOMES, INC.: a domestic corporation having its prindpal office ~t 701 Rea 25A, Rocky Point, New YOrk 11788, party or pa~es ortho first Part hereinafter known as "Developer", and the S~lk County Water Authority. a public benefit =orporatian having its principal office at Sunrise Highway, comer of Pond Road, Oakdale, New York. party of the second part hereinafter knownes ~SCWA". WHEREAS, the. Developer desires to secure water and water service at the promises situate at Cutchogue, Suffolk County, New York, and desires an extension of the maine as follows: Inatall approximately two thousand one hundred twelve (2112) feet of main on Cox Lane, and one thousand eight hundred twenty three (1823) feat of main'on Oregon Road' (North Road). 08/13/20B3 18:48 6317~0032 MANZIHO~ESINC ~U~-13-200~ NE~ 11:~0 ~ $0~('''~ F~X HO, 631[~0 PAGE ~3 WHEREAS, SG'WA is willing to make such, exte~ upon the terms and ~onditions hereinafter set forth; NOW, THEREFORE, in consideration of the p~p~,ses and the mutual covenant~ herein ~=ontained, the:pa~es hereto agree to a~i'ld,Wifhlaee.~ other as fellows,: 1. The Developer hereby applies to SGWA for the above extension of its mains. 2. The Developer shal pay to SCWA the sum of One Hundred g!xty Nine 'liheu~, and~o Hundred* Ftve,~ Doliam ($16~,205.00) in a~rdarlce W~h the ~llowino s):;h.e~.ule. No money shall be required t~'l~e pa~ upon ~xec~i~ of ~is co-~C~. The sun~ ~siXteen~ T,heusend Nine Hund~! TWenty O.e bollars ($;1S,9~!.00) ~ha I be/L~id upon ffr~al approval of the subdivision that iS te take aewk:e fi'Om the pipeline installed I~rsunder, and ~he'remaining sum of One Hundred Fifty Two Thousand Two Hundred [~i~h~y Four Dollars ($152.284,00) ~S due and shall be paid with t~e subrrdsslon of e,v~o, per"s'~ite preporstion sheet tO SCWA, Amounts paid ii,rounder st~;!ll:,not be st~bje(ct to any interest charge and shall ~ applied and disposed'of as~,r~virled:harein' 2A. ~e contract sum stated in Pamg,raph 2 includes repaying of;the suvaco of the roads whe~the ,pipeline ~,is instalied~ but' ~oee not include, nor ~li the SCWA be respenaibier:~r, r~avine or,the r°ads wJ~ere,~e balance of the pipe ine is COnstructed in the develop~nt. 2lB. If applicable, SCWA will backfill the trench within the subdivision to the grade of the exlsti~gsurface, Compaction of the backfill, ~f required by the local municipality, shall be the ~espons~ility of the Developer. 3. The SCWA will proceed with due'diligence to make the said extension. If otter completion, the length of the exten~iofl along the developed street (s) is less than 95% of the lerlgth d~escribed above, then the Developer is entiOed to a refund equivalent to 95% of the extension distance les~ the actual footage of main installed, times the average cost per foot with restoration. There will be no refund for installations within the development. 4.. I?, S FURTHER MUTUALLY UNDERSTOOD AND AGREED,. that mains laid or to be lald ~n ~aid stm~ts sha I beand remain the property of the SCWA. ~ts successors and assigns, and!,~at the SCWA retains and shal have the right to extend any main installed by it Fursuent to the terms of thrs agreement in or to other lands, streets, or avenues. However, if within five years from from the date of contract execution, a n~wiy constructed building tak.?.~service from, ,the water main'installed under this cor~tract, them shall be a refund avail~b~Je from the ~nstallation fees paid from that building. The refund shall be determined ~¥ reviewing the projects and calculating the water main extension cost for each preject'fl~ they were done In ge0graphi~ order up to a maximum of lift ercent (50~) of thet'~ri, gin, al confrac,t.. The refund amout will be the cost calculated for the new project, Th~,r~fund will' be spt eq?.ally among the customers of record for servi~s that are covered ,~ this contract: If additional Projects shal~ look for a conllectior~ ~(o the same main within tl~e ~ve-year penn .d, the previous Projects and this one looking for service shall RUG-13-2003 NED 11:31 AM HANZIHOHESINC F~X NO, ~I[~0 PAGE 04 be subject to the same refund pracedure. The Developershall not be entitled to any other refe~nd-or repayment o- . 5.._ IT IS FURTHER M. UTUALLY UNDE~ ANDAGREED mm this contract r a,ny imerest the?n, er oF any morley due 0r'~ ~me 'due by reason.of the terms tn 6. IT IS SP~iFiCALLY AGREED that the penSrmance .ruder this agreement by. · SC:WA Mall .ra3~ t be required' or commenced u~fll and unless permanent easement er [ac~f~erlt_~!~ w~.ti ,ng, i~ proper form for rececding a,d acceptable to Counsel for'the ~'¥¥,~, g~li'lgr the ~ght to conStrL~ct and mainta n Water mains in a private street ar streets a~f~ci by th,~ undertalflng~ sha l have been exec, e,~4 ~,,, 7. IT IS FURTHER SPECIFICALLY AGREED that performance under this agreement ~the GCWA shall riot be required or r. ontinued when circumstances beyond !ts ~ontrei ~,ve~i prohibit, or interfere With such performance_ SUeh circumstances include, bu~shall not be' limited'to delays in delivery of materials., ~veather .~co, nditlons, strikes or other la,bar diff~Ulties, causes ¢~mmonly mfelTsd to as ActS of God. acts or omissions'e~ut~ble to ~e Developer and other ~ncl'~ons net reaaonably foreseeable. a ....... '~.~ ._ ._ ny_ o.~ the p]pe~me.s a~l. appurtenances installed pursuant to this haveU' ::,-~.~.been in°~ ~sa~amne~ the°t coange~ m grade or mcatt~n of the street irt whlch' said ialpelines ..... , : n and in ~hat~,event the Developer shall pay to the SCWA the east o_.t su.cn re{o..~ on~ Icwerirlg or other .cha~ge upon certlflcatiorl of the.cost thereof to the D_evempe~.H /e~ar, the aforesaid Provisions cf this Paragraph 8 shall be of no force and e?~=t, if p~'io~~ apy such change in grade or location of said streeL all of the folJowin c~rcumstan~ obtain; · - g DeVela..~...,~ .~j ._. 1) ,~? releas?, of,~the perform.anco bond. if any filed by the ~-~.,-~ ~,,,~ awn or attar mun,cipa~ity having Junsdlction to require same; and 2 discharge of~ ~b ~ations from t~e Dove opette said t~wn or other municipal under sai~ bond or otb{ isa:and 3 t ed I - munid.al~ ,,,..L .... ?.th.~ ~ cati0n?o.?.nd d.u..e acceptance by, sa~d town or other ,~ ,.~ ,,~,~[~,uuee~ mia en,~ aa pal~ et ~s public highway System: and ~4 that such change m gr~ ;~et' location oceuned~ through no cause a~lbutab~e tO  9. IT IS FU.RTHER M,?.'~ALLY UNDERSTOOD AND AGREED that if the 8CWA required !~[~lo~te any of i~, ~cilities, including but not limrm~ to e,~P,.~,p,e,~,o~ti,bn of _other ~tility faculties within 10 feet, then th; . ~ne t this relocation. Water service w~ll not be provided until these costs are 10. IT'IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost of constructic~as set forth in Paragraph 2 of this Agreement is based upon the prices in 08/~3/2003 ~0~ 63~?~400~ MANZTHON1E$INC PP~GE NO, 831~0 ?, 04 effect ~ursuant to public bid between SCWA and ils various contmctom for the Calender year ~2002. In thle~vent ~hat (I) the project site is not maie ready for main installation as ~pe~fled by SCWA or (2) in The judgment of $(:7~A the water main construction cannot be cornpl,?d.by DeCember 1 et, or (3) the Developer d0e~ not ~omPlete payment during the SpeCified year, the. $CWA shall have ate right to revise {fie above estimate in a~rdance withthek prevailing contract prices for me year in which the oansttuction is to take place, or upon written request of the Developer file contract depose shall be refunded less design and canstm~on drawing expense of SCi/VA and the contract Cancelled. IN WITNESS WHEREOF, the parties ha~e interchangeabty set their hands and seals (or ~s~l ~ .e.~e pmsenls to be signed by ~heir,~Percorporate officers and caused. thelr2o.~_ptoper corporate seals'to be hereto affixed) this ~ day of /~ ~/4~, 85 SUFFOL (~GOUN1 ~ATER AUTHORITY 12/2903 10:48 E,317448032 FP~ N0, 631~8~0 ?, 0~ STATE OF NEW YORK COUNTY OF SUFFOLK } P~bi~b~ In ~nd for ,_~,5~,,~, ~emm me, ~ undemig~, · atb i ~ _ . Y h ~ s~na~m on ~e ns - . ~ ~pa=~, nd ~i .... · ~n~ the md~ldU~, or ~e == ~ . ~ ~e ~Vld~l a~, STATE OF NEW YORK ) )ss.; COUNTY OF SUFFOLK } No/aW Public ETEVEN E. LOSQUADRO No~ry Pu~,Bt&tm ~ NawYg~ Reg. No.~0~O$076843 (~=mmi~Slon ExP~o~ AP~41 P.~, ~ OI1 the ffW"t dayof_~ in the year 2003, before me, the undemigned, e Is su~ to the ~In in~m~nt and a~nowl~g~ ~ ~ ~at (s~e ~ec~ ~e ~me in hi. er ~. and that by hi~er ~natum on ~e instant. ~e individual, or ~e ~n upon ~haE of ~i~ the i~ual a~ed. e~cuted the Instrument. i I I GREGORY F. YAKABOSKI TOWN ATTORNEY gre~yakaboski~town.southold, ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patdcia.finnegan~town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.monr~ fus ~c¢~town. southold.ny, us f~ JOSHUAy, ItORTON Supervisor Town Ha11,53095 Route25 P.O. Box 1179 Southold,.NewYorki1971.0959 Telephone (631) 765,'1939 Fac~mil,5. [63!) 76~18~ · OFFICE OF THE TOWN ATTORNEY TOVv-N OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Patricia A. Finnegan, Esq. Assistant Town Attorney August 12, 2003 Manzi Homes Attached please find information on the Manzi Homes - Oregon Landing subdivison for your review. Pat PAF/md attachment CC: Town Clerk Town Attorney Ruthanne Woodhull .Re: Manzi Homes--Oregon landing subdivision, SCTM #1000-83-2-9.1 Waiver Criteria, §6 of Moratorium · Extraordinary hardship affecting parcel · Said hardship will notaffect health, safety, welfare of Southold Town · Consider the impact of the waiver on [he · Water supply · Agricultural lands · Open and recreational space · Rural character · Nat!~ral res,o?rces · Tra~.sportatlonand infrastructure Location of Parcel · Dominant land use in area ~s agriculture mixed with Iow density residential. · Located on the north side of Oregon Road between Cox Lane and Bddge Lane in Cutchogue. Size of Parcel · 25.79 acres Number of Proposed Lots · The proposal involves creation of four residential lots in the R-80 zone (lot 1 and the creation of an 18,28 acre parcel suitable for farming. · The proposal includes a proposal to sell 15.97 acres of Lot 5 via a development dghf sale. · The proposal includes establishment of a 50 foot right of way incorporating 2.31 acres for access to the four building lots. Current Zoning · Split R-80 and A-C Amount of Proposed Open Space and/or Parkland Proposed sale of development rights of 15.97 acres. 17.11 acres of open space including right of way. Claimed Hardship · None. Applicant emphasizes preservation effort, and agreement to bring public water to area. RE: 08:44 ~31744~832 8:00 PM Public MANZI HOMES, INC. P. O. BOX 702 ROCKY POINT, NEW YORK 11778 631-744-1039 NANZTHOMESINC PAGE 02 2003: August 1i, 2003 ~ou~holO O~.~ Rd. issue Joseph G-Man~ Jr, Irrevocable The ~onorable Betty NeVille Town Clerk Town of Southold Town~Hall 68095 State Rd. 25 South01d, NewYork 11971 Re: Request of waiver from moratorium on Oregon Lane, SCTM# 1000-83-'2~9.1 Dear Ms. Neville: I am in receipt of the July 2, 2003 memo to you from Bennett Orlowski, Chairman of the Southold Town Planning Board regarding the matter referenced above. I greatly appreciate the planning board's recommendation to grant us the waiver from the moratorium and applaud the thorough process that they undertook in reaching that conclusion. The board went to great lengths to evaluate the proposa~ on it's entire merit and not strictly by a rigid formula. In particular, they took into account the nearly 1~ acres of open space that will be preserved and the benefit of the private extension of the water infrastructure. I do, however, wish to address several statements made in that memo regarding the number of lots yielded by the subdivision. The application, as made, requests four building lots. The memo recommends that the waiver be granted under the condition that "the design and lot yield be subject to change," as determined by the SEQR or Coordination with SCWA, SCDOH, and NYSDEC. While I enthusiastically await the completion of this process, ! feel it would be PAGE · dLsin~quous t~ let the board vote on this waiver under the expectation ~at~uld prO.ed with the proposed oreservat~o:n and wa~er Obligations i~'the subd~wsmn were for fewer than, four lots. I write today in hope that you receive this letter in the spirit of cooperation that I intended. As aiways,~ please feel free fo contact me directly with any questions or concerns you may have. With best wishes, ~neerely~ Nlanzi Homes~ lne./ On behalf of the Joseph O. Manz~ Irrevocable Trust SOUTHOLD TOWN BOARD PUBLIC HEARING August 12, 2003 8:00 P.M. HEARING ON THE APPLICATION REQUESTING A WAIVER FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON TIlE PROCESSING, ~REVIEW OF, AND MAKING' DECISIONS ON TIlE APPLICATIONS FOR MAJOR AND ~NIINOR SUBDIVISIONS~ AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN TIlE TOWN OF SOUTHOLD"FOR THE MINOR SUBDMSION :OF OREGON LANDING. Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: lustice LoUisa P. Evans COUNCILMAN WlCKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:00 p,m., August 12, 2003 at 8outhold Town Hall. 53095 Main Road, Southold, New York. for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold" for the minor subdivision of Oregon Landing (Manzi Homes) for the pared identified as SCTM# 1000-83-2-9.1 (The property is located on the north side of Oregon Road between Cox Lane and Bridge Lane in Cutchogue). I have several communications about this request fox' a waiver and I will proceed first to a communication from the Planning Board, which has reviewed this proposal. This is a letter received by the Town Clerk on July 7, from Ben Orlowski the Plann/ng Board Chairman. "In this memo, the Planning Board will only address the request in the context of land use planrfing. The consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located on the north side of Oregon Road between Cox's Lane and Bridge Lane in Cutchogue. The property is located in R-80 and A-C zoning districts. The proposed action involves the subdividing of a 25.79 acre parcel into five lots." And it gives the sizes of the tots, which are up to 81,000 sq. ft. "The proposal is to preserve about 16 acres of one of the lots via a development right sale. The proposal also includes the establishment ora 50 foot right of way, incorporating a 2.31 acres for the pm'pose of providing access To the four lots. The action would create four new residential building lots. The subject parcel contains no residential dwellings. The Planning Board has reviewed the concept plan Southold Town Board-Public H~ffring August 12, 2003 2 and the request for waiver. It offers the following comments. 1.) At present, the proposed action does not have an executed contract either gifting or selling interests or rights in real property to portion of the parcel to either the Town of Southold; the County of Suffolk; The Pecon/c Land Trust or The Nature Conservancy and 2.) The petitioner proposes to preserve 68.64 percent of the entire parcel (excluding land area seaward of the high water mark, as per the terms of the moratorium law.) The percentag~ does not meet the threshold in which interests or rights of property are being sold or gifted which must encompass at least '75 percent of the entire parcel. To meet the threshold, the applicant would need to red~ce the proposed number of lots from 4 to 3 and increase the mount of land to be preserved 7ay 1.45 acres. However, based upon the following information, the Planning Board's recommendation is that the Town Board grant the reques~ of wa/vet for the application wi:th the fo~lowing conditio~ That the P~ng Board has nt~t applied th~$~,A process to~ this application; nor has it ooor~ with comme~ting boards or agencies (SCW& sCDOH, NYSDEC etc.) and thermfore, fke design and lot yield of the subdivision plat as proposerl ~ay be subject: to change. The Planning: Boarc[ is requesting that tl~ Town Board state in the recor~ that any approvzt o£ a waiver request grants the g:p~p, licant only the right to proceed through the subdivision process tTmuant to the Town of~S~)uthold; TOwn Code section Al06 and that any approval from the Tewn Board should be c6nstmed as approval, of the subdivis/on and/or plat design. This decision is based upon the following facts: Land use- The property is located within the Town of Southold's agricultural area. The dominant land usein the vicin/ty.is agriculture mixed with low densiG residential The property abuts the Long Island Soun(~ m the north and Oregon Road to the south. The, parcel to the west is 10.8 acres and in active agricultural use wilh the development rights sold to Suffolk County. The area to the east is comprised of a mix of residential and agricultural uses. The properties to the south across Oregon Road are in active agriculture, inchding a 17.2 acre parcel on which development rights have been sold to the Town of Southold. Excluding the land area adjacent to the Sound~ the residential development in the area is consistent with the "homestead" development panern, where a residence tmchors ~ large tract of farmland. The applicant prop~es to sell devek)pment rights on about i6 acres within Lot 5. However, the actual acreage that would be considered is 15.7 acres, excluding the subdivision open space. Due to file fact that the parcel is in private ownership, the potential of file area to provide collective public open space is Iow. To purchase a 15.7 acres of development rights will ensm'e the continued opportunity to farm on this acreage as well as provide open space vistas to the communiw. Four residential lots are proposed within the R-80 zoned portion of the property. Following the improvement of lots 1 to 4 with residences, the view shed from Oregon Road north will be interrupted. Visual impacts will be assessed as a part of the application process during SEQRA review. The Plauning Board recognizes that this area and the view from Oregon Road provides important scenic value to file community and ail efforts to minimize the interruption of the view shed will be taken through the implementation of non-disturbance vegetative buffers. Subject parcel is split zoned R-80 and A-C. Each zone reqnires a minimum of 80,000 square feet per lot. Improved residential lots are located east and west along the Sound. ran~ng from 1 to 5 acres. Based upon that, the proposed action would not s~gnifieantly deviate from the general area land use, the intent of R-80 zoning district and the surrounding parcel sizes." There follows further discussion about the transportation infrastructure regarding Oregon Road, which is a town road and then natural resources, file sottthern secfio, is in agriculture, the northern section is wooded, maritime bluff, prone to severe erosion. There folltows another section on water supply: "The proposed action is outside of the water mains map. The applicant has stated that the water supply will be provided via a private extension of file public water northward from CR 48, through an agreemem with the Suffolk County Water Authority. Sanitary disposal within the subdivision will be managed by on-site underground sewage Southold Town Board-Public Ya"efiring August 12, 2003 leaching systems. The Plamfing Board has no record of a letter of water availability from the Suffolk County Water Authority and the statement is currently unverified. Water usage will be assessed pursuant to State Environmental Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Code." Rural clmracter, there is a paragraph here about vegetative buffers being required to maintain the rural character. Agricultural lands, there is a paragraph "The parcel is currently located within the R-80 and A-C zorfing districts. It is intended to conserve agricultural lands all of these soil types are well suited for various crops." Open space and recreation space: "The size, location and current use of the property provides significant open space to the community. Due to the private ownership of the parcel, the potential of recreationaI use is low. Following the proposed purchase of development rights on 15.7 acres, open space upon the parcel will remain ~.n, perpetuity, Ba~ed upon the above, it is ~e Planning Board':~ finding that although thc proposed project does not ~_lly support the Plamfing ob~ect~ves of the Term, which include the preservation of farmland and agriculture, the preservation of open, space an& recreational space, the preservation- of raral, c~it3wat and commercial and historic ckaracmr of the hamlets and surroun~ag areas and preservation of the natural environment. Nevertheless, the Plantting Board finds that the application as proposed, is consistent with the proposec~ Ianr~ use and intent of the zoning district and therefurerecommends tha~ the~Town Board grams the waiver." I~ have in addition, a letter that the Town reeeivee[ yesterday from Mr. Manzi, who is the applicant, from John Guido~ of Manzi Homes, on behalf el~ the Joseph Manzi irrevocable trust and I will read this letter regarding the request of the waiver, "[ mn in receipt of the July 2 memo to you from Bennett Orlowski, the Chairman of the Southold Town Planning Board regarding matter referenced above. I greatly appreciate the Planning Board's recommendation to grant us the waiver and applaud the thQrough process that they undertook in reaching that conclusion. The Board went to great lengths to evaluate the proposal on its entire merit and nor strictly by a rigid formula. In particular, they took into account the nearly 16 acres of open space that will be preserved and the benefit of the private extension of the water infrastructure. I do, however, wish to address several statements mad~e in that memo regarding the number of lots yielded by the subdivision. The apphcation, as made, requests four building lots. The memo recommends that the: waiver he granted under the condition that 'the design and lot yield be subject to change' as determined by the SEQR or coordination with SCWA. SCDOH and the NYSDEC. While I enthusiastically await the completion of this process, I feel it would be disingenuous to let the Board vote on this waiver under the expectation that I could proceed with the proposed preservation and water obligations if the snbdivision were for fewer than tbur lots. I write today in hope that you receive this letter in the spirit of cooperation that I intended. As always, please feel flee to contact me directly wi~h any questions or concerns you may have." I have the notice that this has appeared on the bulletin board outside the Town Hall and it has appeared as a legal in the newspaper and I belieYe that those are all of the significant communications that we have at this time. SUPERVISOR HORTON: Thank you. Would anyone from the public care to address the Town Board on this public heating? MELANIE NORDEN: Melaule Norden, Greenport. Could we just review momentarily what the criteria are for the granting of waivers to the temporary moratorium? I thought that some of the criteria addressed the financial burden that the moratorium placed on the developer and other such conditions. Could we review those before we proceed with the hearing? Sonthold Town BOard-Public ~ng August 12, 2003 4 TOWN ATTORNEY YAKABOSKI: Section 6 of the moratorium, it is entitled "Appeal Procedures": The town Board shall have the authority m vary or waive the application of any provision of this local law in its legislative discretion upon its determination that such variance or waiver is required m alleviate an extraordinary hardship affecting a parcel or property. To grant such requests, the Town Board' must fred that a variance or waiver will not adversely afl:'ect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive plarming being undertaken in the Town. The Town Board shall take/nto account the existing land use in the hnmediate vicinity of the property and the knpacr of~e variance or waiver on thc water supply, agricultural lands, open and recreational space, rural character, natural resources, and ucansportation ~tmcmre of the Iown. The application must comply with all other applicable provisions of the Sonthold Town code. tt also talks about some of the techuiml monetary requirements and the fact that the F~mming Board of the Town shall ha;ge 3~0 d~vs m make a recommendation. MS. NORDEN: It would seem from that definition that the applicant in no way has presented any findings that such a waiver would create any financial or any other kind of hardship and because the definition was also unclear regarding the access to water for this particular development and or the review with the Department of Health and that there was no determination by the Planning Board that there was anything in writing that the applicant actually had a relationship or confirmation from Suffolk County Water Authority, I would say that just based on those factors alone if nothing else, that we should wait until the moratorium is lifted to approve such and such proposal or application or perhaps go back m the applicant and ask them essentially to provide documentation of the fiscal burden that they thir~ as a developer they face in holding offuntil the moratorium has been lifted. So, if we don't have any information regarding the financial burden then my recommendation would be that this is definitely not a de~ielopment to be approved until the moratorium is lifted. Otherwise we would just have any number of people asking for waivers for any numbei' ofreasuns that have really nothing to do w/th the original criteria set down for the reasons for which waivers were to be approved. SUPERVISOR HORTON: Thank you, Ms. Norden. Would anyone else care m address the Town Board? STEVEN LOSQUADRO, REPRESENTING MANZI HOMES: Good evening, Mr. Supervisor and members of the Board. My name is Steven Losquadro and I do represent the applicant. What I wish to do is very briefly address some of the comments that I heard here right now because quite frankly ..... SUPERVISOR HORTON: What I would like is to make sure that you are addressing the Board on the specific public hearing. MR. LOSQUADRO: Yes, I am. My name is Steven Losquadro, I represent the applicant who is before the Board now on this particular public hearing, Manzi Homes and the Joseph Manzi Irrevocable Trust. This is with regard to the moratorium exclusion request for the four lots on Oregon Road, the four lots that are located on approximately 26 acres. We respectfully submit that we have submitted a very comprehensive and very thorough and compelling application with respect to an exclusion regarding this particular subdivision. Each particular exclusion request obviously has to be considered on its own merits. We believe that this is a very meritorious application. There are 26 acres here total, that are presented before the Board regarding the subject subdivision, Only 8 of those acres, approxinmtely, are going to be developed. Sixteen acres of open space are going to be preserved Southold'Town Board-Public ~aring August 12, 2003 5 under the plan that Mr. Manzi has put forth. Clearly, that is a vc:a-y compelling fact in and of itsel£ Certainly follows many of the criteria and it adheres to the criteria listed in the moratorium waiver law. as set forth by Mr. Yakaboski. Now, with respect to the water issue and how that was addressed; we have made it very clear to the Town and we have provided documentation as follows: that one of the criteria that has to be examined' i~ what will the impact be on the water supply? Well~ this particular applicafiCn is most compelling £or what it does and that is, that the applicant here, at a very significant cost, is going to bring in public water and has contracted for same with the Suffolk County Water Authority. An actual contract has been signed, which states should the subdivision here be approved, that ar a very si.~ ~ificant cosM~ excess of $250,000-the applicant is go/~g to help bring about and confer a public B~efit By bringing public water to an area~ ~md not just for these homes, but for other town residents Who reside ia that area who do not lmve the benefit of public Water a~& g/yen the fact that they reside i~ the viC'm/ty of th~ landfill, it has been considerext kv ail mason, able and caring sourees-~ach as ~e Water An~Jaolity and the Town and my client £or that matter, who~a!so cares about the wate~ that will.be supplied nat just to this parcel but to his neighbors, that these ~lCs should have the bene~.lTkt of panic water. That,has been made very clear as part ofth~, al~plicafi~oa. $~, when the o~ne individu~ who j;~U~t stepped forward said that there is not really proof or mty knowledg~ ofwhat might be happe~n~g wifla respect to the water, I have to respectfully disagree. The public ben, fit that is go/ng to be doa~fen'ed, at my client's e~pense, and the legwork that he has dom~ to bring ~hat forward, has been doe~ .u~ented to the Town. And I think that the Planning Board took that all into account as part of making its recommendation. So, moving on then, to the financial burden-the financial burrle~ is just one of'the criteria that has to be addressed as part of a moratorium exclusion applicat~on, I am familiar with your law, I l~ave read it. I have addressed this Board on prior occasions reg~r ~dir~g that law. No one item or criteria is mutually exclusive. There is not one criteria~ shall we say, that WO~u[d be fatal to the exclusion or to the benefit of another. Now in this particular iustanee here, my cl~en~ owns a rather significant parcel. It is a parcel on which he pays quite a bit of taxes. He can't develop it. He has carrying costs. He has individuals who work for him, who then can't work because the5~ can't work on constructing homes perhaps albeit, just four homes, on this particular parcet~ C[ear~ly, he suffers a financial burden by not being able to develop property. Any individual~ any ¢itiz:ei~ any taxpayer suffers a financial burden when they own property and they cannot use thigh- prop .erry. The use of property is a fundamental fight. We understand that moratoriums and certa/n land, use po~ieies can affect that right but we can't say then that there is not a financial burden, because there,is. And clearly Mr. Manzi and the Manzi Trust have suffered a financial burden and t/financial impact by not being able to d~velop the property, So when you take that into account and that criteria has been met, or at a minimum has been addressed and the public water benefit that is conferred. In addition, the open space that is preserved, then I think that it is clear that the criteria that were addressed by the Planning Board and did lead to the recommendation have in fact_ been acknoMedge&by my client as part of the application. Our only concern here, quite frankly, is what was addressed/in the letter that was sent yesterday, the letter that Mr. Wickham just read. And that was the letter of Augus~ 11. And we are concerned about the question of ttn'ee lots or four lots and we just want to make it very clear that this application is submitted on behalf on Manzi Homes, by Manzi Homes for four lots and that is our request. We did not vacillate on that, we are not requesting that that be subject 'to interpretation nor has that been any part of our application. This is a request for four lots, on the 26 aeres, as submitted. And I would be happy to answer any questions that anyone may have. COUNCILMAN MOORE: I have two. Would you, is it Within the power of this Board to pass a resolution that gives you the okay for four lots and the~ (inaudible) the Planning Board gets through Southold Town Board-Public I-F~eafing August 12. 2003 the SEQRA process, the DEC or any other agency comes back and says 'I am sorry but you really can't do four, you can only do three' My understanding that what we are doing here is we are giving you the abihty to proceed through a process by which you were stopped in a moratorium. That is one quesEtorc So, in other words, would you accept a resolution from us, ff this Board was inclined to ~ant ~is waiver to allow you to go through this process, would you expect ,t,o go hat in hand to the ~g Board saying "The Town Board just approved a four lot subdivision '? The second question i~ ]~know that there has been a lot of discussion over the interpretation of the percentages and how well ~t~.s application meets the 75%. If you met 75%, you wouldn't be here, you could be proceeding o~*ide the moratorium, as others have, is there an argument to be made that you are closer to 75% than has been suggested or am I misunderstanding7 MR. LOSQUADRO: Well, let me take those in mm. With respect to what this Board may do and what t~e effect, we believe, that this Board's resolution may have on the Planning Board. I believe that that would be binding for the following reasons. Itris is a creature of code, of statute. This moratorium. And this is similar to what we have seen in other jurisdictions, such as in the Town of Riverhead or in the Town of Brookhaven, to site two examples. In tha Town of Riverhead, for exampte, there is a moratorium currently, where the Town Board has carved out its own authority, its own legislative discretion and t hey have said, it you meet certain criteria such as a 70-30, 70% open space and the other 30% to use to house all of the developmems on that particular parcel. This is now binding. Town of Brookhaven has said something similar with respect to recent moratoriums that they haYe hnposed. Since it is a matter of legislative discretion, since the ]?own and, one thing that I recogifize with this particular moratorium law is that it had a very extensive preamble to it, in which the Town set forth at great length what its goals were and what its plmm'mg-po[icies and visions were ar/d'ibecanse of that and because of the nature of the law itself and that the Town Board is taldng on the legislative discretion here and the authority to act, then it could hind the l)lanning Board and I would not see any impedhnent to that, I know that you referenced DEC but it would, seem to me that the lead agency here would be the Planning Board for SEQRA purposes and therefore, it would be the Planning Board here that would be bound. And I think that it would be completely appropriate to say here that they would be bound should the ]?own Board be inclined to act that way, So that would address the first point. With respect to the 75 %, this is something that we went back and forth with the Plarming Department for some time because quite frankly it seemed' to us that we did e~ceee, d the 75% and they found that we were just short and that brings us to this point/n time wh~e.we are here now before you. Whether we were slightly over as we thought or whether the calenlaffons~had to be taken from a certain point on the bluff and not from ~ here we thought it was. I think that the most fundamental and basic point to take is, we were right on the cusp, so when you are preserving.just aboul 75% maybe a little more as the Planning Board says, maybe a little less, we can't really argge w/th them because they are no~ going to listen to us anyway if they believe that that is their calculation but when we are right there on the ,cusp, we are preserving all that open space, we have this vast tract that is going to be preserved, a ~emendous public benefit is being conferred with respect to the water being brought at my client's expense. There is clearly a financial burden, although a burden may be in the eyes of the beholder, there is clearly a burden. All of the other criteria have been met and have been addressed here, we believe in a very comprehensive way through our various submissions. Then it seems to me that of all of~chose applications that may call out to be approved and be granted an exclusion, this is certainly the one and that is our position and we do thank you for your consideration and I hope that that answers your questions. S6uthold Town Board-Public August 12, 2003 SUPERVISOR HORTON: Are there other comments from the floor? Yes. Ms. Norden. MS. NORDEN: Mr. Wickham, would you read the portion of the Planning Board memo that addresses the issue with respect to the Suffolk County Water Authority ami their findings thereof?. COUNCILMAN WlCKHAM: Water supply. "The proposed action is outside the water mains map. The applicant has stated that water supply will be provided via a 'private' extension of public water northward from Route 48, through an agreement with the Suffolk County Water Authority. Sanitary disposal within the subdivision will be managed by on-site underground sewage leaching systems. Planning Board has no record of a letter of water availability from the Authority and the statement is currenfly unverified. Water usage will be assessed purs~mtu to State EvMronmentat Qnality~ Review ActSectien Article 8, Part 617, Section 106A of the Town of $outhold Code. MS. NORDEN: Well, it would seem that with ail due respect to the applicant we would have to have a verifiable response from the Suffolk County Water Authority. I mean, this is aimost like "he said, she said" the deve}oper is saying that if the Suffolk County Water Authority said that if we had the opportunity to do this and the Water Authority is saying if you get the development or if you get the waiver, we will give you the letter. I didn't ttfink that business was actually cundueted that way by the Suffolk County Water Authority. If we have no documentation that the Water Authority has in fact, approved or in any way documented this water was going to be available, I think that would be an issue that would need to be verified prior to granting any waiver on the application. Also, since the applicant has now presented a position in which ail the area homes will receive water at the applicants expense. Does that aiso mean that those homes that have the potentiai now of receiving public water will not have to, in their own way, provide finances for the hook-ups? Does that mean that the Suffolk County Water Authority has waived all hook-up fees for ail homes in the area at the behest and largesse of the developer? MR. LOSQUADRO: Mr. Supervisor and members of the Board, if I may, I think that part of that inquiry....I believe that the comments just made go a little far a field of what the appropriate inquiry is here today. I know that it might be nice in a public setting to talk about what a particular applicant might do as far as providing water and heok-up fees and all sorts of things that have nothing to do with this application. Maybe that is a little fanciful but that is not the focus of this Board's inquiry here torfrght. What is pertinent is as follows: And I think that what was read was slighfly misinterpreted. Of course the Water Authority is not going to give a letter that says the water is available right now because the extension has not been constructed and right now there is no public water available; that is reaily part of the point here. That this area, that really does need public water and not just the four homes here, but those in the surrounding vicinity, those folks who really need public water, don't have it. But they will by virtue of what may happen here tonight. And there has been a contract that is signed and the contract clearly says, should there be subdivision approval-then this contract takes effect. It can't take effect otherwise or else it would be speculative and the Water Authority will not rightfully enter into a contract that is speculative by its very nature. But, should the subdivision be approved with just the four lots on the 26 acres as we have proposed, then the Water Authority contract then takes effect. And then that extension is constructed, then water will be available and the extension, which costs in excess of $250,000 is to be provided at my client's expense. That is the nature of the contract. The letter of the contracl with the Water Authority. Clearly, that has been Southold Town Board-Public l-l~g'a/ing August 12, 2003 provided to the Town for some time, that that documentation has been made available, for several months now. SUPERVISOR HORTON: Is that all that you have for us, at this point? MR. LOSQUADRO: Yes, I would just note, Mr. Manzi brought to my attention, that preliminary Health Department approval has also been obtained with respect to this particular subdivision and I think that that is pertinent for a few reasons. #1, it talks about how expeditiously we may be able to move forward especially with respect to bringing this water in and providing this benefit not just to the four homes that are located there but also with respect to the surrounding residents and also that also speaks to the fir~ancial burden that my etient has Incun'ert because as we know, eng~neeringcosts not to mention at thnes attorney costs~ other professional costs and things o£ that nature, With the Health Deparlment and other muni'cipal:" and pu~bl/~ agencies, sometimes w~ be and in tbSs, cas~ ~ctually were a very significant fin~ anc/al burden for my client to bear. Those amcosts that he has ou~ laid. They are significant, we all know that. There is a fair mount of development that goes on in this jurisdiction, as in others. And we know that these are costs that an applieartt bas ~o bear and that is part of the financial burden because he can't recoup tm those costs, So, Ithank you for your conskleraffon of that fact as well. COUNCILMAN RICHTER: Mr. Losquadro. I have one question. With the 75% preservation not being met, is this because ora discrepancy on the bank where the actual land mass is. on the bluff?. MR. LOSQUADRO: Yes. In other words, as I phrased it, we had a little go-around or a httle back and forth with the Planning Department because we thought that we truly did exceed that and it wasn't just something that was said cavalierly or even just by a lay person like myself who might not know the specifics of laying out a survey and how those calculations are made. But it was presented by a surveyor. And the calculations we submitted were very accurate and very legitimate but the Planning Department chose to take a different vantage point and to calculate differently and I am not saying that how they did that was illegitimately done. it just is that is the manner in which they calculated it. And rather tban being slightly over, we were slightly under. COUNCILMAN RICHTER: Thank you. SUPERVISOR HORTON: Would anyone else care to address the Board on this public hearing? MS. NORDEN: With respect to the preliminm3, approval that has been granted by the Board o£ Health, I am little curious as to how we have explored that only in so far as my experience dictates, Board of Health grants no preliminary approvals without any assurance of water supply to an area. So could we redefine that for the public here and see if we can get to a little bit more information on this application with respect to the applicants arrangements with the Board of Health and once again, with the Suffolk County Water Authority. It serous that we don't have, or at Ieast the public doesn't have enough accurate information to be able to assess whether this waiver, which clearly 1 don't think has met the financial burden, can in fact meet all the informational burdens as well. So could. someone up there define for me what Board of Health approvals have been granted or preliminary approvals have been granted in a process that has yet to receive any approvals whatsoever from either the Town Board or the Suffolk County Water Authority? Southold Town Board-Public ~aring August 12, 2003 MR. LOSQUADRO: Well, Iet me just say this. I think that it is only ~ and bears repeating that with respect to the financial burden, which I think that we have addressed, that is just one criterion and there are many criteria, none of which are mutually exclusive of the others and this would be one of the rare applications that I submit where'all of the criteria are being addressed and met in some significant way. No application at all. nor one, is going to meet every criteria in a very, very siguificant way but it will be the rare application that meets each criteria m a meanmgful way and that is what has been done here. The comments just made seem to belie the comments that were made pre,riou~ly and that is as was just stated, how could you have Health Department preliminary approval ~f the Health Department didn't know that the Water AuthOrity was going to bring in water at a certain point? And my poin~c to thai would be, exactly, that is the point. The Health Department, just as the Town is aware, of the contract that has been enteret[ into by Manzi and they are aware that it is the dear ~on, contmctusl[y to bring public water to this area. So, therefore, it is logf;cal~ the~ to say tha~ is wlxy the Health Department would have acted accordingly. SUPERVISOR HORTON: I am just not clear on what you refer m when you are talking about the Suffolk County Department of Health preliminary approval because as I understand it that the property that you are talking about is in the, what the Health Department has dictated as a, the Suffolk County Department of Health moratorium area. MR. LOSQUADRO: That is actually the Water Authority moratorium, not the Health Department. SUPERVISOR HORTON: You are outside of the Health Department moratorium area? MR. LOSQUADRO: Yes. concemed .... The moratorium comes from the Water Authority because they were SUPERVISOR HORTON: That is not the moratorium that I am talking about. I am talking about...,the Health Department had indicated an area, dictated an area that is related to the landfill that the Health Department views as an area not allowing any wells. IvlR. LOSQUADRO: Yes. I know what you are saying and that is how the public water issue came up to begin with because there was a point of time where we were before the Board of Review, and it was expressed yeW clearly that the desire of the Health Department was to see public water here. Now, one can request variances and one can request to be excluded from that moratorium, which is the Health Departments moratorium and in fact, we had testing done on the wells, which showed that the particular wells for this site actually tested okay or I should say better than okay. They tested for potable water, drinkable water. It was fine quality by Health Department standards. But the Health Department expressed their very clear interest and desire to have public water brought to this area and my client, thinking it to be a better tact and thinking it to be a better position on his part, went to the Water Authority, sought out the Water Authority and said that we would like to bring public water. What does that entail? Mr. Manzi then learned that that entailed a lot of work and a significant cost to be borne by him. He agreed to do it. That was the genesis of the contract, to which we refer. JOE MANZI, PRESIDENT OF MANZI HOMES: The Health Department approval was obtained because we do have a signed contract with Suffolk County Water to bring the water into the area that we are talking about. So it is subject to the Planning Board review and us fulfilling our obligation. Southotd Town Board-Public H(~)~ng 10 O August 12. 2003 However, from their view, they have approved the four lots there with the way that the thing is proposed. TOWN ATTORNEY YAKABOSKI: And you basically took your application, with the four lots, to the Health Department and said 'if we had public water' and you ran it through them. MR. MANZh Yeah. We gave them a copy ofthe contract and they said subject to final approval from the Town, then you would get the approval from us. Wtfich is preliminary approval. So we did. I am sorry we didn't bring the contract but we do have a signed contract from about three months ago, with Suffolk County Water Authority, so it just didn't happen, it happened, at least three months ago that we had a signed contract from Snffo~ County Water. MR. LOSQUADRO: I should just note, too, wh/le the contract may not be here tonight, it has been sent to the Town previously, the Town is aware of it, the Town has a copy. That Was all part of the submission process. IVlK. MANZI: We could resubmit another one tomorrow if we need to. SUPERVISOR HORTON: I will turn the floor back over to the public, Councilman Wickham is looking to see if that letter or memo is in there. FRANK WILLS: Good evening, my name is Frank Wills, I rye in Mattituck. Let me draw a simile from my experience in metal business to tiffs bu§iness. In the metal business, usually the shippers weights are considerably higher and the moisture content of a load is lower than the receiving plant's. It is considered part of life. In this case, Mr. Manzi clamis that they met the 75% reduction in land use and the Town clam not. If this matter is to go to arbitration or court, I would say that the Town in its experience should be ruled as saying that if you don't meet the 75%, you don't get a permit. Because once that door is opened, everyone else will come in with 69 ¼,72 1/3, or 55 and say because of other conditions, we deserve a variance. The Town gave considerable and due consideration to establishing the 75% 1/mit, [ think it ought to stand fast on that. Thank you. SUPERVISOR HORTON: Thank you, Mr. Wills. Would anyone else care to address the Town Board? Ms. Norden. I am going to allow Ms. Norden to speak. MS. NORDEN: I am just a little unclear as to what Board of Health approval constitutes and or means in this context? From what I understand, do we have anything dictating in writing from the Board of Health. is the Board of Health authorized to approve, except theoretically, by looking at plans something that actually that just is in the planning stages right now. And do we have any documentation of any of that correspondence and that contractual, that was the word used by the attorney, contractual relationship with the Board of Health? MR. LOSQUADRO: Just to clarify, the contractual obligation is with the Suffolk County Water Authority. Not with the Suffolk Department of Health Services. That is number one. Number two, it has been made abundantly clear that the approval from the Board of Health is preliminary approval because it can't be otherwise until there is Planning Board approval from this jurisdiction. Just moving on to address briefly the comments regarding the 75%, it is not our intention to quibble here and say Southold Town Board-Public lq'~ahng 11 August 1~2. 2003 we think that we are over by a few percentage points, you say that we are under by a few percentage points, because clearly we are on the cusp. And I think that that is the most basic and fundamental point ro bring he,r.e. I think that the gentleman slightly missed the point and that is that if we had the 75%, we wouldn t even have to' he here. But since the Town says that we are.just below the 75%, that iS why we axe here and then it doesn't become a question of establishing a precedent as the gentlemen r~eferred to based on some 75% theory, the Board takes its decision and rakes its action based on all of {he criteria that are met or not met, as the case may be and makes a reason decision based on how thorough and complete the application is. MS. NORDEN: That st'Rl doesn't actually address my concerns though, with respect t~o whether we can see documentation of the Suffolk County Water Anthority's position and/or whether the preliminary approval of the Board of Health is anything bnt hearsay with respect 'to some conversation that somebody might have had m/th the Board of Health. Could we define what preliminary Suffolk County Board of Approval is being referred to here and in what format form, written and/or othea~ise it takes? MR. LOSQUADRO: Mr. Supervisor, how does one define preliminary?. Maybe we can start with .... COUNCILMAN MOORE: I tkink that there is a resolution to address that....because whatever resolution because I have a question for you, yet. Whatever we do is subject to the approval of every other jurisdiction before whom the applicant must go. By us, if we were to grant this relief, they still have to go to the Health Department... MS. NORDEN: I am aware of that. COUNCILMAN MOORE: .... so the fact that they do, I guess I am revealing one of my thoughts, I don't think that in my perspective that it really matters, that they have preliminary or not. If they came to us first and said 'listen, I have got a concept plan that saves 73% according to your Planning Board and I have got a water contract with the Water Authority, I am going tomorrow to the Health Department, hoping that they will say yes'. whatever we were to do....all we are doing here tonight... MS. NORDEN: No, I understand that but still in all, I am just talking about the representation of information. I understand the point of the function of the Town's role but I am addressing the information that the attorney has provided and I am questioning what we are talking about and what form it takes. It has been stated that there is prelim'mary approval granted by the Suffolk County Water Authority, is that in letter, is it in writing? And can it be presented to the Town? COUNCILMAN MOORE: Would you like to swear him in and have him make representation on the record? MS. NORDEN: Yes, I would. COUNCILMAN MOORE: Well, that is one solution, he is an attorney. He may be willing to do that. SUPERVISOR HORTON: Your point is well-made and that is the question that I had for Mr. Losquadro as well. When you say preliminary approval, in addressing the issue and I am not sure if , © Southold Town Board-Public g 12 August 12, 2003 this is pertinent to this or not, I guess that is some of the confusion that I have. Dictating preliminary approval from the Suffolk County Department of Health, is that something that you actually have in writing? MR. LOSQUADRO: I am going to let Mr. Guido address the particulars of that because he is one of the professionals that works for Manzi Homes and deals with the Health Department on a regular basis. JOHN GUIDO: The Health Department's position is that if we supplied water up to the site, there would be no problem. There is no problem with the septic system. There is no problem with that. [Jnformnately, we needed approval to go on with this subdivision to get tha~ from the Health DeparUnent but it is ve~ possible that, I mean I could be done with that .... SUPERVISOR HORTON: Right. I think that we understand that but the question is, is there documentation of that? That is the question that we are hearing from the floor that I am trying to pass back to you, to give you the opportunity to address. MR. GUIDO: Yeah, I don't think that there is. TOWN ATTORNEY YAKABOSKI: What size are the lots? John? MR. GUIDO: The lots are two acres. MS. NORDEN: And with respect to my question regarding the Suffolk County Water Authority, has there been documented evidence that the Water Authority has granted in writing a statement and a contract, now we are referring to contract under law. The attorney has presented the fact that the developer has a contract with the Suffolk County Water Authority, will he please define the terms of the contract. COUNCILMAN MOORE: The resolution, if it were to be approved, would say 'subject to the provision and the fil/ng of the copy Of a signed Suffolk County Water contract'. I take ..... MS. NORDEN: I know but that doesn't answer my question at this moment. COUNCILMAN MOORE: If the man wants to be sworn in and swear to the fact that he has a water contract that he doesn't have in his file tonight, I ttfmk that I would be happy, I will speak for myself, I would be happy to ..... MS. NORDEN: Well, let me just clarify, you say that you have a contract in writing from the Suffolk County Water Authority signed by Michael LoGrande indicating that in fact, this property has been approved for public water? MR. LOSQUADRO: You might have me there. I can't say that it is signed by Mr. LoGrande. MS. NORDEN: By whomever. By an elected representative or an appoi~rLed representative or decision maker at the Suffolk County Water Authority. That is the question. Let's not qttibble with Southold Town Board-Public ng 13 August 12, 2003 who signed it or the names. If it wasn't signed by the president perhaps.... I just want an answer to the question. SUPER¥~[SOR HORTON: Ms. Norden. Exactly. MS. NORDEN: So can we have an answer? SUPERVISOR HORTON: Just rein in. MS. NORDEN: Alright. Can we just have an answer? Do we have that contract and what are the terms of it? SUPERVISOR HORTON: Your questions are very clear. MR. LOSQUADRO: Yes, Mr. Horton. first I should say, that I generally my practice, I try m answer questions that come from the Board, And not necessarily those that are addressed to me personally. But yes, there is a signed contract, what one might refer to as a executed contract, the copy of which was provided to the Planning Department because that was utilized by them as part of their due diligence because my understanding was and actually the Planning Department made it very clear to me, this Town's Planning Deparunem. That they had to engage in a rather deliberate study of this application. That was one of the items that was provided to them. I have no problem making our application subject to yet the provision of another copy of the contract and if the Board were so inclined to vote favorably with regard to this application, I would have no difficulty and would even welcome an addendum to a resolution which said that it is subject to the provision of the very contract to which we have referred tonight. SUPERVISOR HORTON: Thank yon, Mr. Losquadro. MR. LOSQUADRO: Thank you. MS. NORDEN: I just also wanted to point out agmn, in Mr. Wickham's reading of the Planning Board memo, it indicates very clearly that such a contract is not presented at any time to the Planning Board. SUPERVISOR HORTON: Thank you. ~Vould anyone else care to address the Town Board on this public hearing? (No response) Any comments from the Board? COUNCILMAN WICKHAM: I have a question on the suggestion of the Planning Department, that essentially says that any approval from this Board should not be construed as an endorsement or a guarantee for those four lots and so their recommendation is an approval with a condition. That the number of lots will eventually be developed according to their review with other agencies, Water Authority, etc. etc. MR. LOSQUADRO: Ri~t. COUNCILMAN WICKHAM: The letter from your client took issue with that proposal but it seems to me that it would be appropriate for this Board, if we are prepared to grant the waiver to grant it subject Southold Town Board-Public ~ng 14 a August 12, 2003 to whatever further adjudication would be done by various Boards down the line in developing the fmal arrangements of lots. So, I guess I am unclear whether you and your clients would accept an approval of that nature. MR. LOSQUADRO: And t could make it very clear, we would not. And the application would not proceed and if that were to be the manner in which it proceeded, we would inform the Board that we would not partake further in that process. For the following reason: my clients position would be as follo~vs, and I know that you refer to various Boards that might follow this Board but essentially it would be only one Board, it would be the Plaoning Board-no one else would have the authority whether from...no other Board in this Town other than the Planning Board and this Board and nothing in the State or the County, no Board or agency -would have the ability to determine the. layout of whether it is three or four lots. My client would not be willing to acoept that His posit/on is-I have established the various criteria, I have acted in good faith, I am preserving a ~igaif~¢arrt-if not tremendous-amount of open space, I am contracting to bring in what will be a signifrcant public benefit and this is the manner in which I wish to proceed. Now, I can tmderstand that someone else on the Board perhaps yourself, I don't know, [ know that this is just the nature of aa inquiry and we are fleshing out the different positions but I understand that someone, might t~nk otherwise but we would not proceed under those circumstances. W'e think that it is only fab; given the nature of how we submitted the application. In other words, we have been very upfront about what our des/res our and what we are willing to do if the application is granted arm it is very clear as I have read this statute, which again, I know was very well crafted and has a very signi,~icant preamhle which lays out the Town's vision and the anthor~ty vested in this Board, that this Board coukt, make such a/[etermination. Now, whether it wishes to, that is a separate issue. But may it and~ can it? Yes, ii: can. SUPERVISOR HORTON: Are their other comments from the Board? (No response) Other comments from the floor? HENRY DRUM: My name is Henry Drum and I have a farm in the Oregon Road area and I have sold the development fights. And for 125 years, I have been raising cam and potatoes and I am getting a little concerned that perhaps there will not be sufficient number of farms to keep our farmers doing what they are. Today this is an opportunity that we do not see very frequently. The opportunity of acquinng farmland, the development rights. We are not acquiring that much. It is here. We talk about 75%, I don't know whether people know, over 2 ½ acres from the bluff to sea ward, you can't much. From the bhiffback, 100 feet, you can't build on. Now, we have a right of way of 50 feet, 50 foot right of way. I measured Oregon Road, 25 feet is all you need. But that is not that 2.3 acres, according to yours, is not open space. Yet it is a right of' way over farmland. I can submit all of this, you know there is quite a few acres there that you can't touch. But, this 25.79 acres, there are four lots, Sound front tots that Southold Town will tax them at a very high rate, that we receive this money in the form of taxes, these four lots. And we have 16 acres of farmland, that is my real concern, that this piece of property is being offered to us which I feel is most critical in our open space farmland preservation program. Thank you. SUPERVISOR HORTON: Thank you, Mr. Dram. Would anyone else care to address the Board? Yes, Mr. Losquadro. Southold Town Board-Public~e~Sng August 12, 2003 1¸5 ~ LOSQUADRO: Just before concluding, my client would tike to thank the Board for its courtesy and consideration this evenhag, as would t. SUPERVISOR HORTON: hear~ Other com~)ents l~om the Board? (No response) We -adlt close this Southold Town Clerk COUNTY OF SUFFOLK STATE OF NEW'YORK ss: Lise Marinace, being duly sworn, says CoordinatOr, of tli~ Tra~Oter, Wateh~n, a pUblic newspaper.pfini~d at'~So~athold, in Suffolk Cout~y; a2d tlt~ the nOtice of wl4ch the annexed is {t,printed copy, has been published in. said Traveler Watchman once each week for ..... /......weeh :.~. , ,t~cc n,,:. commengmg on. iI1,. ........ ;.! ...... d:O. Sworr~ to tbe~fore me thiS. l.~..~...day of ..~~...., 2003. Notary Public Emily ttamill NOTARY PUBLIC. State of New York ~Jo. 011tA5059984 Qualified in Suffolk Count- Commission expires ~a3' 06. 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sers~ 8:00 p.m, August 12, 2003 at Southold Town Hall, 53095 Main Road, Sonthold. New York, for a pubhc hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review ul~ and making Decisions on the applications for Major and Minor Subdiy~s~o~; and Special Use Perm'~ts and Site Plans contairdng dwelling unit(s) ir~ the~Town o~Southold" fors~e~minor~ s~ibdivision of Oregon Landing (Manz~ Homes)for the pm:eel identified as $1DTM# 1000-83-2-9.1 (The property is located on the north side of Oregon Road between Cox Lane and Bridge Lane in Cutchogue). BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 15, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 24, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 117% SOUTHOLD~ NY 11971. Copies to the following: Traveler Watchman Town Attorney Planning Board John Cushman Town Board Members Building Department Zoning Board of Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABET~ A. NEVILLE, Town Clerk of.t~.he Town of Somhold,~Ncw York being dul.y swora, S~ys tha~ on the I.~L day of~._~~, 2003, she affixed a notxce of.w~l-fich the annexed printed notice is a true c{~py, in a proper and substmafial manner, m ,~ost public place in the Town of Southold, Suffolk County, New York, to wit: Towfi'~ibrk's Butletia:Board, 53095 Main Road, South01d. New York. Public ~earirrg: miaor subdivision of Oregon Landing (Manzi~Homes) for the parcel identified as S C;i'M~ t 000-8342-9. t: Southold Town Clerk Sworn before mo'this ~ da~Yof Noil~ry Public © STE~rEN E. LOSQUADRO ATTORNEY 2~T LAW T01D ROIYTE ROO~ POINT, NEW YORK llM8 (6S~) 7~-90T0 F~ (631) July 9, 2O03 El/zabeth 3_ Neville Town Clerk Town of Soathold 53095 Main Road Southotd, New York JUL 1 0 2003 Manzi Homes, Inc. Oregon Road Application Request for exemption for moratorium Dear Ms. Neville: As you know, Marm Homes, Inc. has applied for an exemption from the Southold Town building moratorium as it relates to the above~refexenced apph~catio~ Kindly schedule a hearing regardi~ same, and if possible notify our office of potential dates for a hearing so Itmt we may make sure that we are available. Thank you for your continued courtesy and consideration of this request. Sincerely, Steven Los, quadro PI~_NNING BOARD.MEMBERS -BENNETT ORLOWSKI, JR. Chairman RICI-IARD CAGGL~NO V~LLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H~ SID~OR P.O. Box 1179 'Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631] 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Oregon Landing (Manzi Homesl SCTM# 1000-83-2-9.1 Date: July 2, 2003 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located on the north side of Oregon Road between Cox's Lane and Bridge Lane in Cutchogue. The property is located in the R-80 and A-C (Agricultural Conservation) zoning districts. The p.r~oPpSed action involves the subdividing of a 25.79 acre parcel (SCTM# 1000~-'83-2:-9.1)into five ots (See attached survey). '-? The proposed lot sizes are as follows: Lot 1 - 81,039 sq. ft.; Lot 2 - 81,016 sq. ft.; Lot 3 - 75,738 sq. ft.: Lot 4 - 70,383 sq. ft.; Lot 5 - 18.28 acres. The proposal is to preserve 15.97 acres of Lot 5 via a development right sale. The proposal also includes the establishment of a 50 foot wide right of way incorporating 2.31 acres for the purpose of providing access to the four lots. The action would create four new residential building lots. The subject property Contains no residential dwellrngs. The Planning Board has reviewed the concept plan and the request for waiver. It offers the following comments: At present, the proposed action does not have an executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town of Southold; The County of Suffolk; The Peconic Land Trust or The Nature Conservancy and The petitioner proposes to preserve 68.64 percent of the entire parcel (excluding land area seaward of the high water mark, as per the terms of the moratoriu.m law). The percentage does not meet the threshold in which interests or rights of property are being sold or gifted must encompass at least 75 percent Qf the entire parcel. To meet the threshold the applicant would need to reduce the proposed number of lots from 4 to 3 and increase the amount of land to be preserved by 1.45 acres. However, based upon the following information, the Planning Board's recommendation is that the Town Board grant the request of waiver for the application with the following condition: That the Planning Board has not applied the SEQR process to this application; nor has it coordinated with commenting boards or agencies (SCWA, SCDOH, New York State Department of Environmental Protection (DEC)) and, therefore, the design and lot yield of the subdivision plat as proposed may be subject to change. The Planning Board ~s requesting that the Town Board state in the record that any approval of a waiver request grants the applicant only the right to proceed through the subdivision process pursuant to the Town of Southold Town Code Section A106 and that any approval from the Town Board should be construed as approval of the subdivision and/or plat design. This decision is based upon the following facts: Land Use - The property is located within the Town of Southold's agricultural area. The dominant land use in the vicinity is agriculture mixed with Iow density residential. The property abuts the Long Island Sound to the north and Oregon Road to the south. The parcel to the west is 10.8 acres and in a(~tive agricultural use with the development rights sold to Suffolk County. The area to the east is comprised of a mix of residential and agricultural uses. The properties to the C south across Oregon Road are in active agriculture, including a 17.2 (SCTM# 1000-84-1-4.5) acre parcel on which development dghts have been sold to the Town of Southold. Excluding the land area adjacent to the Long Island Sound, the residential development in the area is consistent with the "homestead" development pattern, where a residence anchors a large tract of farmland. The applicant proposes to sell development rights on 15.97 acres within Lot 5, However, the actual acreage that would be considered is 15.70 (excludes subdi~is,ior~gpei~ sp,aoe). Due to the fact that the parcel is in private Ownership, the potential ~)f the Area:tO prOvJdecollective public open .?ace is Iow. The pur(~hase Of 1~ 70 acres*of devei°prnent dgh~.will ensure;,the continued opportUnity to f. arm o~t~.iS acreage as well' as, provide open space vistas to the c0mm~Jn, t'y,, Fear residential lets are prepose~l within the R.80. zoned portion of this prope~ Fo]lowing the improvement of Lots 1 to 4 with residences, the view shed from Oregon Road north will be interrupted. Visual impacts will be assessed as apart of the application process during, SEQR review. The Planning Board recognizes that thins area, and the view from Oregon Road north across the property provides important scenic value to the community and all efforts to mimmize the interrul~tion Of the view Shed will be taken through the implementation of non- disturbance vegetative buffers. The subject parcel is split zoned R-80 and A-C. Each zone requires a minimum of 80,000 square feet perlot. The zoning district R-80 is located along Long Island Sound, and' the zoning district A-C encompasses the majority of the agricultural lands. The properties to the east and west of the subject parcel are also split zoned R-80 along Long Island Sound and A-C (Agricultural Conservati0r~) south to Oregon Road. Improved residential lots are located to the east and west along Long Island Sound ranging from 1.Sacres to 4.7 acres. Based upon such. the proposed action would not significantly deviate from the general area land use, the intent of the R-80 zoning district and the surrounding parcel sizes. Transportation Infrastructure -The proposed action is located on Oregon Road, a Town Road. Transportation im pacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. The Planning Board has not reviewed the proposed access configuration and it may be subject to change upon the processing of the application. Natural Resources - The southern section of the parcel is ~n agriculture. The northern section of the parcel is a wooded maritime bluff system prone to severe erosion. The Planning Board is expected to establish a 100' buffer from the "top of bluff" seaward to mitigate further erosion potential. The application has not been reviewed by the New York State Department of Environmental Protection, The New York Department of State, Division of Coastal Resources, or the Town of Southold Town Trustees each of which have overlapping jurisdictions concerning the action. The agencies will review the action Upon the commencement of prooessing the application. The Planning Board will also require slope stabilization and limits of clearing to further, mitigate the severe erosion. In addition, a s~ngle beach access will also be required. Water Supply- The proposed action is outside of the water main map. The applicant has stated that water supply will be provided via a "private" extension of public water, northward from CR 48 through an agreement with the Suffolk CountyWa~br'Authority. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems The Planning Board has no record of a letter of water availability from the Suffolk County Water Authority and the statement is currently unverified. Water usage will be assess~cl P'Ur~uant to the State Environmental Quality Review Act Section Article 8, Part 617 anid Section A106 of the Town of Southo d Town Code. Rural Character - The proposed action would result in the addition of 4 new residential structures. Vegetative buffers will be required between the agricultural a'nd and the' proposed residential areas to mitigate impacts to the view shed from Oregon Road north. However, due to the location of the new structures, the view shed will be disrupted and mitigation will be necessary. Agricultural Lands - The parcel is currently located within the R-80/A-C zoning districts. The R-80 zoning district is intended to permit Iow density residential development. The A-C designation is intended to conserve agricultural lands. Currently the northern section of the parcel is wooded and the remainder is in agriculture. Development is proposed on the more environmentally sensitive lands along the Long Island Sound bluff ecosystem in the north of the parcel. The ap¢icant states that 83 percent of the agricultural lands will be preserved, therefore, approximately 17 percent or 3.10 acres of agricultural lands loss will occur, Dominant soil types of the parcel are Haven Loam 0-2 percent slopes (HaA) -Capability Unit I-1, ~,iverhead sandy loam, 0 to 3 percent slopes (RdA) - Capability unit Ils-1 and Riverhead sandy loam, 3 to 8 percent slopes (RdB) - Capability Unit lie-2. The soils are listed as prime agricultural soils by the USDA Soil Survey.of Suffolk County (1972). All of these soil types are listed as well suited for crops. OPen Space and Recreation Space - The size, location and current use of the property provides s~.qnificant open space to the community. Due to the private ownership of the parcel the potential of recreational use is Iow. Following the proposed purchase of development rights on 15.70 acres, open space upon the parcel will remain into perpetuity. Base upon the above, it is the Planning Boards finding that although the proposed project does not fully support the planning objectives of the Town of Southold which include: The preservation of farmland and agriculture, the preservation of open space and recreational space; the preservation of the Rural, Cultural, Commercial and H storica Character of the Hamlets and, surround ng areas and t~he preservation of the natural environment; the Pla~nfng Board finds that the apP]ica,ti0n as proposed is consistent with the surrounding land use and intent o~ ~ z~r~i~g d~s~:fct and therefore recommends that the T~ Bo~rdi grant the wai~er. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. STEVE~~ E. LOSQIJADi~O ~'I'Ol~Y 2k~ ~w 7o~ ~O~ ~5~ (631) 7~9070 ~.ms~.mu M~ 28, 2003 RECEIVED Sou oM Town Town Board Members Town of Southotd 53095 Main Road Southold. New York 11971 Re: Oregon Landing at Southold Minor Subdivision S.C.T.NL 1000-85-2-9.! 25.79 Acres Ladies and Gentlemen: This office represents Manzi Homes, Inc. with regard to the above-referenced matter. Kindly accept this correspondence as a request for a waiver and/ox ,variance of the Town's local law adopted on August 13, 2002 [hereinafter "the Moratorimm] as it affects the aforementioned property. We respectfully submit that such a waiver and/or variance should be granted given the facts and circumstances surrounding the parcel in question. The subject parcel is located on Oregon Road in Southold, New York, as well as on the Long Island Sound. The proposed minor subdivision of the parcel contemplates just four (4) lots, and preserves 17.11 acres of the property as open space. The proposed minor subdivision preserves 72 % of the property as open space, including the land seaward of the top of the bluff, and also preserves 89 % of the farmland on the parcel. Moreover, Manzi Homes, Inc. has agreed, at an extraordinary expense to the company, to bring public water to the area in question, and has contracted for same with the Suffolk County Water Authority, subject only to the ability m proceed with this minor subdiVision. Given the facts set forth above, it is clear that the Oregon Landing proposed minor subdivision presents significant public benefits while having no impact on the community, Accordingly, we respectfully request that a variance and/or waiver be granted for Oregon Landing at Southold. Sincerely, Steven Losquadro O Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/02/03 TranSaction(s): MoraTorium Waiver Receip¢~¢: CheckC¢: 17343 Total Paid: 17343 Subtotal $250.00 $250.00 Name: Clerk ID: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 LINDAC [~temal ID: 76137 L ~.~40 NO~ S.G.D.H.S. t~EF. ¢S10-02-0006 This 15 to certify thor the proposed P. eolty Subdivision or OevelopmRnL for In ~lth o totol of Io~s opprowd on the dhow dote, ~er 5upplls~ ond 5e~og Dl~posol FoOIl~les ~uRb con~om bo consWuc~lon s~ondord5 In ~FFec~ o~ ~he ~lme oF construction nnd ore subJec~ ~o sepom~ permits pursu~n~ bo ~hose s~andard~, ~ls approwl sh~ll b¢ wild only I~ ~h¢ c¢~lby su~lvlslon/ development map I~ duly ~lled ~lbh the Oou~ Olerk Nl~hln one yeor o~ this d~b¢. Oonsen~ ~he ~lllng o~ ~hls m~p on ~hlch this endo~¢mRnb In ~h~ OFfice o~ the County Clerk In ~ccord~nc~ orovlsions o~ thC ~bllc Health Lo~ OF TYPIC, Ab PLOT PLAN R-4O I ACRE STREET q- PIOAL PLOT PLAN ACRE STREET ,~ITE AREA% /-ST HOLE 7/18/2002 BROMN SILTT' SAND &, F:ALE BtROHN FINE TO C, OAP-.SE SAND IT PROJECT NO, KEh' MAP 1" ~ 6OO' 02--0525 PARCEL ¢1-84 CORE AREA= 21-/,8D~ PARCEL ¢~-¢4 TOTAL AREA= DOD,136 PARCEL ~5 (EXCLUOIN~ R.O.~.) = LANO SEA~ARO OF BLUFF= IO8,747 RIGHT-OF-WAY= Ioo,q58 Sq F~ TOTAL SI~ AREA= 1,104,827 Sq TOTAL AREA OF LOTS ¢2, ~5, ¢ ~4 DOES NOT INCLUDE Af~JEA SEA!NARD oF: THE APPARENT HI®H INATER HARK. THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 ON SECTION 83 IN BLOCK 2 OF THE SUFFOLK COUNTY TAX MAP. SITE DATA: ELECTRICITY: L.I.P,A. WATER: S.O.BLA. FIRE DISTRICT: OUTCHO®UE FIPd~ DEPAR~IHENT POST OFFICE: OUTCHO®UE~ IIqD5 SOHOOL DISTRICT: 1'4ATTITUC, K-OUTOHO~UE UPSI? ZONED: R--80/ A--C OWN ER:JOSEPH ~' i'4ANZI, JR. IRREVOOABLE TI~.UST~ OATEO MA~©H 28~000 P.O. BOX ¢702 P-OOK¥ POINT, N'T' II-H/8 I HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM AN ACTUAL SURVEY COMPLETED 6/12/2002 ; THAT ]-HE MONUMENTS HAVE BEEN SET AS SHOWN AND THAT THE LOT(S) ON THIS PLAT ARE ALL IN CONFORMANCE WITH REQUIREMENTS OF ZONING DISTRICT R--80/ A--C HAWKINS, WEED, JAEGER ASSOCIATES P.C. I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. WILLIAM L. JAEGER II N.Y.S. LICENSE NO. 046148 P.E., L.S. APPROVED BY THE TOWN OF BOARD. DATE: PLANNING CHAIRMAN:_ SECRETARY: REVISIONS ITEM DATE LAND DIVISION MAP OF OREGON LANDING SITUATE AT SOUTHOLD SUFFOLK OOUNTY, NEW YORK Southold Town :Board SCALE: DRAWN BY: S.C.T.M. NO. SURVEYED BY HA'C~I<]NS, WEBB, JAEGER ASSOCIAllSS P.C. -- PONT JEFFERSON, LONG ISLAND, NEW YORK ~LUAM L JAEGER II N.Y.S. UCENSE NO, 04614~ 1"=1~:~2' I AREA: O. JAEr=ER/K.ME"rZLER DATE: 000-~-2.-~1. FILE NO. C0NSULI1NG ENGINEERS & LAND SURVEYORS P.E., LS. 25.79 Acrem ~IUN[ 2002 Vlto Mine1, P.E. Director, Division of Environmental Quollt~