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HomeMy WebLinkAboutKaloski, Michael ~ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER t~CORDS MANAGEMENT OFFICER · I~I~EEDOMOF~INFORMATION OFFICER Town Hall; $3095 Main Road P.O. Box 1179 ~oulhold, New York 11971 Fax (631) 765-6145 Telephone (68~D 765-1800 southoldtown.nor thfork.net OFF~CE OF T~E TOWN CLERK TOWN OF SOUTHOLD January l4,2003 Abigail A. Wickham Wickham, Wickham, & Bressler, P.C. 10315 Main Road, Post Office Box 1424 Mattituck, New York 11952 Dear Ms. Wickham: The Southold Town Board at their regular meeting held on January 7, 2002 adopted a resolution denying the waiver application of Michael & Irene Kaloski. A certified copy of this resolution is enclosed. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS M-42qAGEMENT OFFICER FREEDOM O~' IN~ORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631~ 765-6145 Telephone (631) 7(]5-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY YHAT ~ FOLLOWING RESOLUTION NO. 27 OF 2003 WAS ADOPTED AT ~ REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD ON JANUARY 7, 2003: WI~EREAS an apphcation has been made by the Kaloksi's for a waiver from the provisions of Local Law//3 -2002 entitled 'Temporary Muratomnn on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits' and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant m Section 6 "Appeal Procedures" of Local Law 4/3-2002 to permit the Planning Board to consider an applicatioh fOr a minor subdivision for the parcels of property known as SCTMg 1000.102-4- 6.2 and 1000-1024-7.1; and WHEREAS the Town Board has reviewed the file and considered all pertinent documents; and WgEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3~2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vmy 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 to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find thata variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shal~ take into account the existing land use in the immediate vicinity of the property and ~e impact of the variance. or waiver on the water supply, agricultural lands, open and recreational space, mrat © character, natural resources, and transportation infrastructure ofthe Town. The apphcation must comply with alt other applicable provisions of the Southold Town Code. ~Wlt~REAS the Town Board finds that the applicant has failed to demonstrate an extraordinmy hardship pursuant to the criteria; and WItEREAS the Town has hired a '~moratorium group" consisting of M-honse and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive P,Ign of the Town of Southold and certain comprehensive pinching currently !.being ~andextak~, includes, but is ~n:o.t limited to a 80% preservation of open space throughout the 5~oWn;urtcla 60% reduction in density and clear establishment of the Hamlet Centers and a ~s~[ T~_s.fer 0fDeveqopme~ R/:~'ghts component (a full descri .priori of the "action" is set ~d~ ~the 8EQi~ R~solu~i~ today, J~auary 7, 20,03 for tl~e 8outhold Coinprehensive ffmplelnenimi0n Strategy which is~incorporuted by reference into th/s d~eisilm); and :WI~REAS based on the app!ication, all relevant documematio~ the comprehensive planning currentlybeing undextaken by the Town, the above referenced facts granting a ,~vaiver from the provi~i0ns o£Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the ~plicant has failed to meet its burden pursuant to the chtefia; and WflE~REAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planmng currently being undertaken by the Town. Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING December 3, 2002 5:10 P.M. HEARING ON THE APPLICATION FOR TIlE MINOR SUBDIVISION AT Ai. VAH'S LANE FOR A MORATORIUM WAIVER REQUEST. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Cormcilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli COUNCILMAN WICK_HAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:10 p.m., December 3, 2002, Southold 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 at Alvah's Lane, Cutchogue for the parcels identified by SCTM # 1000-102-4-6.2 & 7.1 I have here a notification that it has been duly posted on the Town Clerk's bulletin board and the legal that has appeared in a local newspaper. Now I have to find the Southold Planning Board's comments about it. And this is a memo from the Planning Board office to the Town Clerk dated November 17. This proposal to subdivide is in the cot~ceptual planning stage, no application has been made. The applicant is seeking a decision on whether the concept plan would qualify as exempt ficom the temporary moratorium as referenced above. In this memo, the Plarm'mg 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 proposed action involves a 7.8 acre parcel into two lots, one flag lot and a residual lot. In addition, a lot line change ts also proposed for a current single and separate improved lot equal to just over V2 acre. The action will ultimately create one new building lot. a residual building lot and the enlargement of the single and separate improved lot to a more conforming lot size. On October 28 and November 4, the Planning Board met with the applicant and discussed the application type and whether it would be exempt from the moratorium. The application would only qualify as exempt if the application was a true set-off and/or combination lot- line application. Due to the fact that the lot proposed is a set-off is unimproved, the Planning Board the application docs not quail .fy as a set-offand therefore is a minor subdivision. The parcel is located on Alvah's Lane in Cutchogue. Lot two is proposed as a clustered one-acre flag lot. Lot one is ~ublie Hearing KaIosld waiver proposed as a s~x-acre with building envelope to support a residence and agricultxtral structures and lot three, subsequent to the lot l/ne change would equal approximately one acre. All the lots are intended for residential/agricultural use or a combination thereof. Proposed project would utilize private wells and sanitary systems within the tots. The parcel is zoned AC. The PlmwJng Board makes a recommendation that the Town Board grant the requested waiver for the application. Thks decision is based upon considering the £ollovdmg. (1.) Historic land preservation actions of the family in 1999, the Town purchased development rights on what was known as tax map #~09-I-24.1 equal to 34.25 acres fi.om the family. In addition the Town also purchased deVelopment rights on two other lots equal to 22.75. In addition, the Kaloski family sold development fights on 57 adres. This action fully supports the comprehensive planmng goals of thc Town of Southold. (2.) The. granting of the waiver would creme only one near. building lot orl above and beyond the current number. (3.) The proposed actio~ would not significantly impact opera and recreational space (4.) Rural character-as: iadicated above this proposed action would ~nomase the number of building lots on the snb~ect property by one, resulting in the poXential of two new residential structures. Althougl~ the Planning Board recognizes that all new construction aty, ects the rural quality of the landscape, this pi~0posed .yield is significantly less than the allowable yieJd for the property. (5.) Following the clUgteri, ng of the proposed newly created lots and the lot line ¢hange, the proposed lots will be comparable/~ siz~ to the surrounding lots to the noah. east arid general area. (6.) It is ~e Planning Board's posit~on; that due to the mixed land cover of agriculture and woodlands on this site, the scenic impacts could be mJ~. ized. throngh good site design through clustering of ~e lots, creating a one acre building e~lope, estabhs~ng the limits of clearing on the slopes, utflizi~ existing vegetative buffers and e~co~ active .agrfenltural fields adjacent to pubh¢ 0ght of ways. Tiffs proposed action would not hg~n~cantly ~mpact open and recreational space. (7.) The parcels listed on the inventory list of the Smlthold Town Farm and Farmland Protection Strategy. The Planning Board recognizes that approval of this action would contribute to the cumulative loss of agriculture with the creation of the two 10ts. Hbwever, on lot one (currently 7.33 acres) approximately 70% of the acreage would remaia in a~cultural use. (8.) The proposed water source is. propos~ as private wells, therefore the proposal ia not expected to have a significant impact on the water supply. (9;) Site topography of parcel one constricts the use of the area for agriculture and site develop~en$. The center of the property is sloped, tl~e wooded area occupies the natural slopes. No weMandk exist on the site. We have also Other leiters fi.om rite applicant requesting the waiver but that is the only substantive response to be read at the heating. SUPERVISOR HORTON: Thank-you, Councilman Wickham. Would anybody care to address the Town Board on this specific public hearing? GAlL WICKHAM, ATTORNEY FOP. THE APPLICANT: Good Evening, my name is Gall Wickham and I represent the owners of the property, the Kaloski"s. I would like to start by saying that someone mentioned to me the other day on hearing of this application that if we had more families in Town like the Kaloski's, we probably wouldn't need a moratorium and we probably wouldn't need upzonlng or any of the other things that have been considered. I am sure that you know the family. They have children that they are trying to provide for, when they first came to me and we looked at the property they were eligible for a four lot minor subdivision and had voluntarily elected, before the moratorium came into effect, to reduce that to a t~vo lot division because in Mr. Kaloski's words he just didn't want that many houses around him. So we are trying to propose a plan that makes sense, I am not going to go through the reasons of why we think the moratorium should be waived because I think they are stated in the Plarming Board letter and we would like to repeat that as well as the t~ublic Hearing 3 Kaloski waiver previous correspondence that I had and I won't take your time on repeating that unless you have a specific question. As far as the actual lay-out of the property, 1 th/nk that is something that the Planning Board will work with us on. We are here merely on a question of waiver of the moratorium. I would point out that the farmlan, d parcels on the 7.78 acre parcel are three very smaI1 pieces of actual area. They are really more garden parcels than anyth'mg else. But we are going to work with the Planning Board on mainta',m'mg open space and some agricultural productivity, although none of them are particularly viable agricultural pieces. I would also like to mention as we started out in this process, we believe that we were entitled to an exemption from the moratorium on the basis of the set-off fegulations of the Town code. The Plarming Board has taken a posit~on that their policy on set-off takes us out of that exemplion but if you wanted to consider that aspect in lieu of a waiver of moratorium, I would invite you to do that but that is up to you-how you prefer to haudle it. Thank- you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? (No response) Board members? (No response). We will close this public hearing. Elizabeth A. Neville Southold Town Clerk JOSHUA Y. HORTON SUPERVISOR Town Hall, 5~095 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 To: From: Lynda Bohn, Deputy Town Clerk Supervisor Joshua Horton and SouthoM Town Board Date: Re: November 12, 2002 ~ Waiver Requests Please be advised that the Town Board has agreed to change the dates and times for the public hearings on moratorium waiver requests. Please reschad resolutions #740, 74l, and 742 and replace them changing the dates of the public hearings to December 3,d and the times to 5:00 p.m., 5:05 p.m., and 5:10 p.m. respectively. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARPJAGE OFFICER RECOI~DS ~VIANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TItiSIS TO CERTIFY TltAT THE FOLLOWING RESOLUTION NO. 753 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19, 2002: RESOLVED that the Town Board o£ the Town of Southold hereby amends resolution #742 adopted at the November 7,2002 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 p.m., December 3~ 2002, Southold 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 Sonthold for the minor subdivision at Alvah s Lane, Cutchogue for the parcels identified by SCTM # 1000-102-4-6.2 & 7.1 Elizabeth A. Neville Southold Town Clerk RESOLUTION NOVEMBER 19, 2002 V - 753 RESOLVED that the Tmvn Board o£the Town of Southold hereby amends resolution #742 adopted at the November 7, 2002 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 p.m. December 3, 2002~' Soathold Town Hall, 53095 Main Road, Southold. New York for a public hearing on the application requesting a waiver fzom 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 trait(s) in the Tc~wn of Southold" for the minor subdivision at Alvah's Lane, Cutchogue for the parcels identified by SCTM # 1000-102-4-6.2 & 7.1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF IA!FORIViATION OFFICER Town Hall. 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax 631 765-6145 Telephone (631) 765-]800 southoldtown.nor thfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 742 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: RESOLVED thai the Town Board of the Town of Southold hereby sets 8:20 p.m., No,ember 19, 2002, Southold Town Hall, 53095 Main Road, Southold, New York for a pablig hearin~ on the application reqnesting a waiver from the provisions of thc 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 at Alva~'s Lane, Cutchogue for the parcels identified by SCTM fi 1000-102-4-6.2 & 7.1 Elizabeth A. Neville Sonthold Town Clerk RESOLUTION © NOVEMBER 7, 2002 V-742 RESOLVED that the Town Board o£the Towa of Southold hereby sets 8:20 p.m., November 19~ 2002, Southol6 Town Hall, 53095 Main Road, Southold, New York for a public hearing on the application requesting a waiver from the provxsions of the Local Law entitled "Temporary Moratortum on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans conm'ming dwelling mt(s) in the Town of Southold" for the minor subdivision at Alvah's Lane, Cutchogae for. the parcels identified by SCTM ~ 1000-102-4-6.2 & 7.1 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Cha/rman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOH RECEIVED NOV 18 PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Ha]l, 53095 Sta~e Route 25 Southold, New York 11971-0959 Telephone (631) 765-t938 Fax (631) 765-3136 To: Ms. Betty Neville Town Clerk From: Bennett Odowski, Chairman Re: Request orW~i~e~'from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Ma]or and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of K~iloSki SCTM# 1000-102-4-6.2 and SCTM# 1000- 102-4- 7.1 Date: November 17, 2002 This proposal to subdivide is in the conceptual planning stage. No application has been made. The applicant is seeking a decision on whether the concept plan would qualify as exempt from the Temporary Moratorium as referenced above. 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 proposed action involves the subdividing of a 7.788 acre Parcel (SCTM# 1000-102-4-6.2) into two lots (Lots I and 2): one flag lot and the residual lot. In addition, a lot,line change is also proposed for a current single and separate improved Lot 3 (SCTM# 1000-102-4-7.1) equal to .516 acres. The action would ultimately create one new building lot, a residual building lot and the enlargement of the single and separate improved lot to a more conforming lot size. On October 28 and November 4, 2002 the Planning Board met with the applicant to discuss the application type and whether it would be exempt from the moratorium. The application would only qualify as exempt if the application was a true set-off and/or combination lot line application. Due to the fact that the lot proposed as a set-off is unimproved, The Planning Board ruled that the application does not qualify as a set-off and therefore is a minor subdivision. The parcel is located on Alvah's Lane, n/o Main Road NYS 25 and s/o Middle Road CR 48 in Cutchogue. Lot 2 is proposed as a clustered 1 acre flag lot. Lot 1 is proposed as 6.38 + acres with a building envelope to support a residence and agricultural Sti~uctures and Lot 3, subsequent to the lot line change would equal approximately 1 acre (See attached plan). All the lots are intended for residential/agricultural use or a combination thereof. The proposed'project will utilize private wells and sanita, ry systems within individual lots. t-he parcel is zoned A-C. The Parcel is primarily in agriculture with wooded areas following steep slope contou rs in the center of the property. Site topography on the Parcel limits the use of the entire parcel for agriculture. A single - family residence occupies Lot 3. The proposed lot design would create an agricultural easement area on Lot 1, a residence upon Lot 2 and a mixed residential/agricultural use on Lot 3. The Planning Board makes a recommendation that the Town Board grant the request of waiver for the application. This decision is based upon the consideration of the following: The historic land preservation actions of the family in 1999. The Town purchased development rights on what was known as 109-1-24.1 (now known as 109-1-24.4) equal to 34.25 acres. In addition, the Town also purchased development rights on 102-4-6.1 equal to 22.75 acres. In total the Kaloski family sold development dgnts on 57 acres. This action fully supports the comprehensive planning goals of the Town of Southold. 2. The granting .of the waiver would create only one new building lot above and beyond the current number of existing building lots. This proposed action would not significantly impact open and recreational space. The proposed lots for parcel one, will potentially result in approximately 5 acres of valuable residual open space and where topography permits, a potential agricultural easement area/reserve. Rural' Character - As indicated above, this proposed action would increase the number of building lots on the subject property by one, resulting in the potential of two new residential structures. Although the Plan ning Board recognizes that all new construction affects the rural quality of the landscape, this proposed yield is significantly less than the allowable yield for the property within the A-C zoning district. 3. Following the clustering of the proposed newly created lots, and the lot line change to enlarge Lot 3 to 1 acre, the proposed lots will be comparable in size to the surrounding residential lots to the north, east and general area. The Town of Southold owns the development rights on the properties to the southeast and northwest adjacent to Parcel and on the property across Alvah's Lane to the west. o It is the Planning Board's position that due to the mixed land cover of agriculture and woodlands on site, scenic impacts couid be minimized through good site design through clustering of the lots, creating a one acre building envelope on Lot 1, establishing limits of cleadn9 on the ~lopes and non-agricultural lands, utilizing existing vegetative buffers and encouraging active agricultural riel'ds adjacent to public right or,ways. This p[oposed action would not significantly impact open and recreational space or rural quality. The Parcel is listed on the Inventory list of the Southold Town Farm and Farmland Protection Strategy. The Planning Board recognizes that approval of this action would contribute to the cumulative loss of agriculture with the creation of the two lots. However. on Lot 1 (currently 7.33 acres) approximately 70 % of the acreage would remain in an agricultural use where the topography,permits. Note that the lot line change would transfer approximately .50 acres to Lot 3, however, the agricultural use of the land area. transferred would not cease. Based upon such, the creation of Lot 2 and the building envelope on Lot I will not significantly affect the current agricultural land use. 6. The proposed water source is proposed as private wells, therefore, the proposal is not expected to have a significant impact on the water supply. Site topography of parcel one constricts the .use of the area for agriculture and site development. The center of the property is sloped, the wooded areas occupy the natural slopes. No wetlands exist on-site Two letters outlining supporting, additional reasons dated October 11, 2002 and November 1, 2002 are attached for your consideration. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Eno. ERIC J. BRESSLER ABIGAIL A. WICK.HAM LYNNE M. GORDON JANET G-EASA WILLLIAM WICKHA/~i 06-02) LAW OFFICES WICKHAM, WIC~ & BRESSLER, P.C. [0315 MAIN ROAD, P.O. BOX 1424 MATI'ITUCK, LONG ISLAND N~W YORK 11952 631-298-8353 TELEFAX NO. 631-298-8353 October 11, 2002 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 63 t-249-9480 FAX NO. 631-249-9484 Town Board, Town of Southold Post Office Box 1 t 79 53095 Main Road Southold, New York 11971 Re: Michael and Irene Kaloski Alvah's Lane, Cutchogue, N.Y. 11935 S CTM# 1000-102-04 -6.2/7.1 Gentlemen: We represent Michael and Irene Kaloski, who own a residence in joint names on Alvah's Lane, Cutchogue, N.Y. which is located on a one-half acre lot. Mike Kaloski owns 7.8 acres of vacant adjoining land. We request a waiver from the current moratorium on subdivisions so that the Kaloski's may increase their half acre residence lot to 3 acres, and divide the remainder of Mr. Kaloskis's property into two lots, 2 acres and 3.3 acres respectively. We enclose a check in the sum of $250.00 for the application fee. This subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It is a Set-Offwhich meets the definition of Section A106-13 of the Southold To~vn Code. However, the Planning Board very recently issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set of/from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board hz;s requested that we seek a waiver from the Town Board from the moratorium in light of their policy. Under the current 2 acre zoning, the Kaloski's could retain their residence on one-half acre and divide the larger parcel into four building lots, for a total density of five. They have proposed to divide the property into a total density of only two, rather than four, lots so they may have one property for each of their three children: two lots and the residence parcel. The small size of the parcel renders the factors which are being considered for possible upzoning or other density-reductiordopen space measures inappropriate to this case. The proposed lot division will not adversely affect the concerns for whichthe moratorium was instituted. The property is not large enough to support farming, and is located in an area where the proposed large tots will not disrupt vistas. It is not large enough to consider a "conservation subdivision", and the owner has voluntarily reduced density by 50%. A very small residential parcel is being increased to 6 times its current size. You may also recall that the Kaloski family sold the dsvelopment rights to two farm parcels recently, preserving 57 acres of active farmland with extended road frontage, and reservi~g only the parcel on which the house an~ barns were already located. No i~armland was reserved for an addi~onal lxouse site. We believe the Kaloski's should be exempted from the moratorium, or they will suffer an extraordinary, hardship in losing the right to subdivide an 8 acre parcel which is not configured so as to provide viable farming or open space opportunities. We ask for your prompt and carefifl consideration of this situation. AAW/Ib 30/shdmbrd cc: Plannhxg Board. Michael Kaloski Very truly yours, Abigail A. Wickham NtgV-4'-2gO~ ~31:47c' F~Or'h WtCKHAbd, g/ICKHAM ,n, 8RESSLER, P,6, November I 2002 Town of Su.uOa¢ d 53095 Main Road 8oulhokL New York 1 !971 Re: Michael and Irene Kaloskl Alvah's Lane, Cutchvgue, N.Y. SCTM# 1000.102-04-6,217.1 Wc world like to ad&ess y~mr Board regarding mc r~uest for a memmendation to the %:wn ~ard for a waiver from the subdivision moratonm h order ~at the ~o~is may divide a 7,8 ~r~ vacmt pmrel i~ao ~o to[~ TMs request is based on die foIlow~g extraord~a~y hm~shi~s: I'[~all:h Conucrn. Thc Kaloski's age and h~alth ~quire, unibrtuna~¢iy, tll~t they iamb,die, ely p~sae a long ~ care p~n. Their ~lghl~, l,o~y, and h~ husband, a p~sici~. ~e re:tiring, m~d in April of this yom ~t~ed nm~ag pl~s m bmld ~ ho¢~e ua ~ po~ion oflh~ prope~ so lhe~ ~Od be near her parent~ to care for lhem. lf~e pmvemy ca~ot be dNided now, they will not be able to Brow whom m locate ~ek home ~ca~se ~e> will not knt~w ~e fumm 1¢ line possibilities. Given the time i~ now t~es m obtain a subdivision and bnild a h0t~e. ~ additional delay from ~he c~eni moramri~m~ and a possible, ~fl~aps probable, extension, will ca~e an ex~aord~a~ hardship tv the Kaloskls, whose ffamily c~¢ p~m~ needs u~ b~ impl~lented now. Fina~c~al hardship. Ilia request i~ for 2 lots rather thmi die permitted !bur, wh/ch ~s a volmitary.' reductiun of 50% density, ll'ltiis subdi'vlsion cermet proceed, the K~osk~ may, in ~le event often up~m~g, lose even ~c abilily m have two lots, which would be a [00% mauction in density. Oxven the long, nmrow shape of the prope~y with the Kaloakt's residence in the middle, jt would be a ve~ ungainIy sk~gle lot Whifc t~y are willing to sacrifice 50% of thc value by votm~tm'ity reduc~g dunsky hy hall; may should not have ~ lose all ability to divide the property They ~e willing 1o reduce to lwo lots becau$u, for aside plm~g, they wonld like to [&ave one lot (including the existing msldmace lot) to each oflheir 2002 Property t~ not viab£e lhrmland. Thc prope~y is le~.~ than ~ 0 ~ms, ~d lhcr¢ ara as m~ of faml~d o~ the properly large enough to ~uppo~ ra~ agr~ultural ~per~ion. ~e l~gest ~, ~n t~ r~n i~ n~.w and ~ieged ~rh deer~ birds, o~¢r p~ator~, ~d extensive ~bad~ a~ it ab~ a msi~nnai area t~ ~e Earn ato~g its e~tire l~g~, Thc c~lrk¢ ccitt, er po~ol~ of'the ~opa~, conta~s a g~ificmlt wo~ed slope. The whok p~l i~ one 7.8 aoms gl size. Open space view.~ wot'~ld not be affecmd. Gi~mn twa loB. eno resideneewould be bu~l!, al the roan so road x~ikfilit~ would not be affected, ~d ~c other residence, if bulk by the road. would ~ b~twcca ~'o ~sfiag homes, Publiu l~aeftts. Aa existing halFacr¢ residence.parcel would bc iacscased to wall ov~ current zoning area: 3 ac. res. Density reduefion'~ll l~ iraplemente& hfs wetlands proximity'is hwoNed. Pr, vious contribution to DeveloptIl,nt Rdgh~s Program, The develt~pmem rlghu~ to the Kalos~ fgmhnd were lttev{omly sold m ~e l'own of Soutb~td, inetu~ng ~o voit lengthy sections of mad frontage, ~'ifl~ ~o rcs~cd vac~r parcels. ~o~* pmcee~ were d~id~ ~o~g ~ brothers and sis~m~ Mr Kaloski's p~en~'tmd set aside this 7.8 aero ¢~cel fbr ~, ~e o~y dfild w~ stayed on the ~mily fhm, B~uu~ ofl~ ~ily herita? and l~d ~ese~'ation intentions, he wants to 1[~ ~v~sion sidle ~ ~m~mng Kaloski l~m pm'cci is provide cno~gb parcel~ Iht his c~idren ~d nv mom. T~ remainder of the fannlm~d [m d~e Ikmily ~m has ~'*~y beetx protectS. 'rite geztc, ral intent 0flhe moratorium wa~ to ~low thc, process of dividing lea,ge tracts nF f~la~d and ,~p~ space w}51c mefl~ods efl~d proem, arian w~e explored. ~c Kalc~ki~ will be uaabfe ~o se11 deveB~ent rights or ~81oy a RID mca~od on this size pwpmly. The mmim~ development n~B s~c is i0 acres. ~anwhik. nth~ a~ building on ~xisting lo~s ofle~s fl~n one acre F~rness dictates thai a parcel offl~s sizc, with lite haI~sbips des~ibed above ~d the votumau 50% density r~ncgon, he excused fi'm~ tM moratorium. Thamk you for 5'our consideration. AAW/dm 30t~hdpbw~i ce' M/abaci Kah~kl Very trul) yours. Abigail A. Wickham STATE OF NEW YORK) )SS: ~ OF~SUFFO. I.,K) ~-,/p,~,~/,,~,~'~'~':z~"f of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly punished in said Newspape~ once each week for ~, weeks succes sively, comrrl, erl~ng on the /~ 'day of ,,~',~ K 20 ~,,~' . ~- --~rincipal Clerk Sworn to be~//~lm, e this ~ day of 20 ~ ~ ~LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qua f ed in Suffolk County 2 ~,~"0.~~ My commission Expires Dec. 24, ELIZABETH A. NEVH.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER To~vn Hall, 53095 Ma~n Road P.O. Box 1179 · Southold, New York 11971 Fax (631) 765-6145 Telephone (63I) 765~1800 s~u~holdtown.northfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUT~HOLD To: Supervisqr ~ Town.Board Members From: Town Clerk Elizabeth A. Neville Re: Planning Board recommendation on Kalosld Waiver Request Date: November 18, 2002 Attached is the Planning Board recommendation on the Kaloski waiver request received this morning. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM eT. CREMERS KENNETi:~ L. EDWARDS NOV 1 8 2002 PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 . To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, end making Decisions on the applicat/ons 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 Kaloski SCTM# 1000-102-4-6.2 and SCTM# 1000- 102-4- 7.1 Date: November 17, 2002 This proposal.to subdivide is in the conceptual planning stage. No application has been made. The applicant is seeking a decision on whether the concept plan would qualify as exem pt from the Temporary Moratorium as referenced above. In this memo, [he 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 proposed action involves the subdividing of a 7.788 acre Parcel (SCTM# 1000-102-4-6.2) into two lots (Lots 1 and 2): one flag lot and the residual lot. n addition, a lot-line change is also proposed for a current single and separate improved Lot 3 (SCTM# 1000-102-4-7.1) equal to .516 acres. The action would ultimately create one new building lot, a residual building lot and the enlargement of the single and separate improved lot to a more conforming lot size. On October 28 and November 4, 2002 the Planning Board met with the applicant to discuss the application type and whether it would be exempt from the moratorium. The application would only qualify as exempt if the application was a true set-off and/or combination lot line application. Due to the fact that the lot © O proposed as a set-off is unimproved, The Planning Board ruled that the application does not qualify as a set-off and therefore is a minor subdivision. T,he parcel is located on Alvah's. Lane, n/o Main Road NYS 25 and s/o Middle Rbad CR 48in Cutchogue. Lot 2 is proposed as a clusteced I acre flag lot. Lot 1 'is proposed as 6~38 _+ acres with a building envelope to support a residence and agricultural ~t~'8ctures and Lot 3, subsequent to the lot line change WouM equal ~approximately 1 acre (See attached plan). All the lots are intended for Cdsider~tial/agricultut'al use or a corn bination thereof. The proposed project will utilize prdvate wells and sa'~itary systems within fndMdual lots. The parcel is Zoned~A~C. The Parcel is primarily in agriculture with wooded areas following steep slope contours ir~ the cehter of the property. Site topography on the Parcel limits the 'use of the entire parcel for agriCulture. A single - family residence occupies Lot 3. The proposed lot design would create an agricultural easement area on Lot 1, a residence upon Lot 2 and a mixed residential/agricultural use on Lot 3. The Planning Board makes a recommendation that the Town Board grant the request of waiver for the application This decision is based upon the consideration of the following: The histOric land preservation actions of the family in 1999. The Town purchased development dghts on what was known as 109-1-24.1 (now known as 109-1-24.4) equal to 34.25 acres. In addition, the Town also purchased development rights on 102-4-6.1 equal to 22.75 acres. In total the Kaloski family sold development rights on 57 acres. This action fully supports the comprehensive planning goals of the Town of Southold. 2. The granting of the waiver would create only one new buildin~c lot above and beyond the current number of existing building lots. This proposed action would not significantly impact open and recreational space. The proposed lots for parcel one, will potentially result in approximately 5 acres of valuable residual open space and where topography permits, a potential agricultural easement area/reserve. Rural Character- As indicated above, this proposed action would increase the number of building lots on the subject property by one, resulting in the potential of two new residential structures. Although the Planning Board recognizes that all new construction affects the rural quality of the landscape, this proposed yield is significantly less than the allowable yield for t~he property within the A-C zoning district. 3. Following the clustering of the proposed newly created lots, and the lot line change to enlarge Lot 3 to 1 acre, the proposed lots will be © O comparable in size to the surrounding residential lots to the north, east and general area. The Town of Southold owns the development rights on the properties to the southeast and northwest adjacent to Parcel and on the property acrossAIvah's Lane to the west. It is the Plan ning Board's position that due to the mixed land cover of agricUlti:Jre andwoodlands on site, scenic impacts could be minimized through good site design through clustering of the lots, creatinga one acre building envelope on Lot 1, establishing limits of clearing on theslopes and non-agricultural lands, utilizing existing vege~ti~/e buffers and encouraging active agricultural fields adjacent tO ~u~l~lfd dgllt of WaYs. Th'is prop~)s~d action would not Significantly im~)act 0per~ an8 ~ecreational space br rural'quality, The ParCel is listed on the inventory list of the Southold Town Farm and Farmland P~tection Strategy. The Planning Board recognizes that approvaJ:~of-~his adtion would contribute to, the cumulative loss of agiicultLi~b With the creation of the two lots. However, on Lot I (currently 7.33 acreS) ~pproxi'mate y 70 % of the ac'reage would remain in an a¢icultural use where the topography permits Note that the lot line change would: transfer approximately .50 ac es to Lot 3, however, th? agri~ul~ur,al use of the land area transferred would not cease. B~'ed ~¢~t sucl~i, the creation,o,f Lot 2 and the building envelope on Lot 1 ~Ii,,¢ot sigfiificantly ~ffect thb current agricultural land use. 6. The pro. posed water source is propoffed as private wells, therefore, the prop0~l s not expected to have a s!gnificant impact on the water supply. Site topography of parcel one constricts the use of the area for agriculture and site development. The center of the property is sloped, the wooded areas occupy the natural slopes. No wetlands exist on-site. Two letters outlining supporting, additional reasons dated October 11, 2002 and November 1,2002 are attached for your consideration. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Enc. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA WILLLIAM WICKHAM(06-02) LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1494 MATTITUCK LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 63 1-298-8353 October 11, 2002 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 1ll MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631~249-9484 Town Board, Town of Southold Post Office Box 1 t79 53095 Main Road Southold, New York 11971 Gentlemen: Re: Michael and Irene Kaloski Alvah's Lane, Cutchogue, N.Y. 11935 S CTM# 1000-102-04-6,2/7.1 We represent Michael and Irene Kaloski, who own a residence in joim names on Alvah's Lane. Cutchogue, N.Y. which is located on a one-half acre lot. Mike Kaioski owns 7.8 acres of vacant adjoining land. We request a waiver from the current moratorium on subdivisions so that the Kaloski's may increase their half acre residence lot to 3 acres, and divide the remainder of Mr. Kaloskis's property into two lots, 2 acres and 3.3 acres respectively. We enclose a check in the sum of $250.00 for the application fee. This subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It is a Set-Offwhich meets the defin/tion of Section A106-13 of the Southold Town Code. However. the Planning Board very recently issued a policy on set-offs in which set-offs will only be considered as such ifa residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has requested that we seek a waiver from the Town Board from the moratorium in light of their policy. Under the current 2 acre zoning, the Kaloski's could retain their residence on one-half acre and divide the larger parcel into four building lots, for a total density of~ive. They ha~e proposed to divide the property into a total density of only two, rather t2~an four, lots so they may have one property for each of their three children: two lots and the residence parcel. The small size of the parcel renders the factors which are being considered for possible upzoning or other density-reduction/open space measures inappropriate to this case. The proposed lot division will not adversely affect the concerns for which the moratorkun was instituted. The property is not large enough to suppor~ farming, and is located in an area where the proposed large lots wilt not disrupt vistas. It is not large enough to consider a "conservation subdivision", and the owner has voluntarily reduced density by 50°/~. A very small residential parcel is being increased to 6 times its current size. You may also r~:all that the Kaloski family sold the development rights to two farm parcels recently, preserving 57 acres of active farmland with extended road frontage, m~d reserving only the parcel on which the house and barns were already located. No farmland was reserved for an additional house site. We believe the Kaloski's should be exempted f~om the moratorium, or they will suffer an extraordinary hardship in losing the right to subdivide an 8 acre parcel which is nor configured so as to provide viable farming or open space opportunities. We ask for your prompt and careful consideration of this situation. Very truly yours, Abigail A. Wickham AAW/Ib 30/shdtnbrd cc: Plmming Board Michael Katoski 32:4'~F TO: November t. 2002 New York 1 !971 Re: Michael and Irene Alvah's Lane. Cutchogue, $CTM#1000-102-04-6,217.1 We would tike to add,ss your Bomq regarding [t~ r~uest for a ~c~oz~eMation Town Board f~ a waiver from the subdivision moraronm in order that the ma) div~e a 7,8 ~r~ vaem~t parcel iutv two lorn. T~ request ~ based on ~e fbllowing extraordinary Health Co,cern. The Kaloski's age and h~th reqpire, untbrtanatciy, tl~qr m~medie~ely pursue a long ~ ca~- p~n Their d~ghtec, I.o~, and husband, a phy~ei=. ~e retiring, ~d in April of this y~ar a~t~ m~g pl~s build e hous~ vna po~mn ofth~ prope~ so lhey co~d be near her parvnt~ to care for them. lffl~e propemy ~mot be diviged now. ~e5 ~11 no~ be able re know wh~rc to locate lhek home because ~e~ will not km>w ~e ~tom lot llne ho~e. ~x ad~fional delay l~om fine cu~em moratofi~a and a possible, ~rhaps probable, exze~ion 'Mil cause ~ cx~aordina~x lmTdship to the Kal~k~. whose f~zily c~ pl~ x~eds to be implemented now. Fiaal~cial hard.ship. The request i~ for 2 lots ra~h~r thaa d~c permitted ibm. which ~s a vol~l~ta~.' reduc~km of 50% density. If~his subdivision catmot proceed, the Kaloskis may, in the event of an upzot~g, lose even tb.e abilily to haw: two lots, which would bo a 100% reCluction ia den.~ity, eicon the long, narrow shape of the properly ~Sth the Kaloski~ residence in tl~ middle, it vmuld be a very ungainly single let. While tt~ are wilting to sacrifice 50% of the value by votaa~ar/ly re&acing &:nsity by hall [hey should not l~ave to lose all ~ility to divide the property The~ arc willing re redrme to lwo k}ts because, tbr estate planning, they wanld like to leave one lot dacluding the existing residence 1o~) to oath of their throe cMldren. TO:TG~ai36 P:~x2 no m~¢~ of f~d ont~ property larg~ ~nough m sup~ :an a~i~ulmral o~er prcdalots, ~d extensive shade, and it a~U a residential ~m w ~xe East alo~ ks entire l~gtk Thc entire cenmr Dmion of the prope~ ~nm~ a ~gnifi~t w~d~ s[ope. ~ wholep~cel i~ onty L8 ac~ m Open .~ vie..va wot,id a~x.b¢ ~ffe~ed. Criven tw~ lorn, ope resident4: ~d be if b'r~I~ by the rea& weald 'm between b~ ~Jstln~ ~omes, P[~bkic benefits. An existing heifer;re residence parcel would bo inc~rCased [o well ov~ current zoning ama; 3 acres. O~nsity reduction wkll b~ implemented. No wetlands proxhnity is hwolved. Pr,vJous c~mtribution to Devoloplr~ent Rights Pro,tam The development dghk~ to the Kalo~ki farmland were previously sold to lhe Iowa of Southold. ine!udin~ ~o yom/le~gtln2 secfi{m~ of mad frotl~ge, wi~ ~1o r~c~cd yacht parcel~. ~ose proceeds wcm 0ivid~mo~g ~ixbrotl~rs and sisera. Mr Kalo~ki's pmmnts Md set as/de fl~is 7.8 acre parcel l~r him. ~e only dfild who stay~ on the w~s m l[~t dh4~ion of ~he ~7 ~m~ning Kalo~ki lhnn p~cl to provide c:~ollgb pm'eels Iht h~s children ~d no teem. Tim remainder of~e fi~md~d ~m ]The gem;mi [menr of the moratorium wa~ to ~bw thc: process of dividing lin-ge lmcts of fam~int~d and open .space while m¢'d~od~ oflm, d preservation were explored. Thc Katoskis will be unable ~o ~e!l developraen~ rights ~*r employ a RID nmthod on this raze property. The n'.inimtma developmemnght~ ~al.ci is i0 acres. M~anwhile. tubers are build,ns on e~isdng lots of le~s tha~ one acre_ Pk[rness d~ctates that a parcel of tiffs size. with flW hm'dship.~ described above and the volcmtar) 50% density reduction, be excused from the moratorium. 'lhank you for your consideration. AAW~'um m' Mi~haei Kaloski Very tmly y,>urs. Abigail A. Wickharr .,;:., .' '~,] ;.% ~'~-., ..-. ,~ .:. ... ~'.:' '.I RECEIVEI) NOV 8 200~ So~t~ol~ To~n Cirri ERIC J. BRESS~ER ABK~AIL A. WICIGZIAM LYNNE M. GORDON JANET GEAS~ WlLLLIAM WfCKHAM(06-021 O O LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAiN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 M13LVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 November 6, 2002 To,~m Boar& Town of Southold Post Or, ce Box 1179 53095 Main Road Southol~, New- York 11971 Re: Michael and Irene Kaloski Alvah's Lane, Cutchogue, N.Y. 11935 SCTM# i 000-102-04-6.2/7.1 Gentlemen: On October 11, 2002, I sent you an application for a waiver from the moratorium so that the Kaloskis can pursue a two lot minor subdivision on Tax Lot 7.1, as described in that letter. While we have discussed this matter on several occasions with the Planning Board, they have not yet been asked by your Board for a recormnendation. As we are amxious to have you consider the matter, please request their recommendation as required by the Appeal'Procedure under Local Law 3/2002. Thank you for your consideration. Very trt~ly yours, Abigail A. Wickham AAW/lb 30/shdtbrdk cc: Plarming Board Michael Kaloski. Greg Yakaboski, Esq. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ~RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Tow~ Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~l~ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz ~ From: Town Clerk Elizabeth Neville Re: 'Request for waiver on Moratorium Date: October 17, 2002 Transmitted, please find request of Abigail A. Wickham of Wickham, Wickham, & Bressler~ P.C. on behalf of Michael and Irene Kalosld for a waiver/variance to the moratorium for minor, subdivision on property located at Alvah's Lane, Cutchogue, SCTM No. 1000-102-04-6.2/7.1 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/18/02 Receipt~: 9124 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check#: 9124 Total Paid: $250.00 Name: Wickham, Wickham & Bressler Main Road P O Box 1424 Mattituck, NY 11952 Clerk ID: LYNDAB internal ID: 63564 ERIC L BRESSL~r~R ABIGAIL A. WICKHA/v[ LWNNE M. GORDON JANET GEASA WILLLLAM WICKHAM(06-02) LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. t0315 MAIN ROAD, P.O. BOX 1424 MATTiTUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8353 MELVILLE OFFICE 275 BROAD FiOLLOW RD sUrFE 1I I MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 October 11, 2002 Town Board, Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 RECEiVI~D OCT 1 7 ~002 %uthold Towl~ ClerJ. Re: Michael and Irene Kalosld Alvah's Lane, Cutchogue, N.Y. 11935 SCTM# 1000-102-04-6.2/7.1 Gentlemen: We represent Michael and Irene Kaloski, who own a residence in joint names on Alvah's Lane, Cutchogue, N.Y. which is located on a one-half acre lot. Mike Kaloski owns 7.8 acres of vacant adjoining land. We request a waiver fi:om the cra-rent moratorium on subdivisions so that the Kaloski's may increase their half acre residence lot to 3 acres, and divide the remainder of Mr. Kaloslds's property into two lots, 2 acres and 3.3 acres respectively. We enclose a check in the sum of $250.00 for the application fee. This subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It is a Set-Offwhich meets the definition of Sect[on A106-13 of the Southold Town Code. However, the Planning Board very recently issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a par~ of the Zoning Code, but the Planning Board has requested that we seek a waiver from the Town Board frmn the moratorium in light of their policy. Under the current 2 acre zoning, the Kaloski's could retain their residence on one-half acre and divide the larger parcel into four building lots, for a total density of five. They have proposed to divide the property into a total density of only two, rather than four, lots so they may have one property for each of their three children: two lots and the residence parcel. The small size of the parcel renders the factors w-b/ch are being considered for possible upzoning or other density-reduction/open space measures inappropriate to this case. The proposed lot division will not adversely affect the concerns for which the mormormm was/nstituted. The property is not large enough tO support farming, and is located in an area where the proposed large lots will not disrupt vistas. It is not large enough to consider a "comservation subdivision", and the owner has voluntarily reduced density by 50°/6. A very small residential parcel is being increased to 6 times its current size. You may also recall that the Kaloski family sold ~e development fights to rvvo farm Parcels recently, preserving 57 acres o{' active farmland with extended road frontage~ and re~erying qnly the p~'cel on which the hopse and barns were already located. No farmland Was rescrve(t for an additional house site. We believe the Kaloski's should be exempted from the moratorium, or they will suffer an extraordinary hardship in losing the right to subdivide an 8 acre parcel which is not configured so as to provide viable farming or open space opportunities. We ask for your prompt and careful consideration of this situation. Very truly yours, Abigail A. Wickham AAW/Ib 30/shdmbrd cc: Planning Board Michael Kaloski © LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS ltEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:10 p.m, December 3~ 2002, Sonthold Town Hail, 53095 Main Road, Southold, New York for a public hearin~ on the application requestin~ 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 anti. Minor Subdivis~ons~ and Spe~q. al Use Permits and. Site Pl~m.s containing dw~lting unit(s)~in the Town of 8onthold" for the minor. subdi~ision~at Algah's Lance, Cu~hogue for the parcels identified by SCTM # 11~00-102-4- 6.2& 7.1 Dated: November 7, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 14, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN H_ALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney John Cushman, Accounting Town Clerk's Bulletin Board STATE O1~ NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETtt A. NEVII,LE, Town Clerk of the Town of Sou~old, New York being duly sworn, says that onthe 13 dayof h~oo~:-o-.~, 2002, she affixed a notice of which the armexed printed notice is a tree copy, m a proper and substantial manner, in a most publ/¢ p!ace in:the Town of So~fl~old, Suffolk County, New'York, to wit: Town Clerk's 'BJ. dletin Board, 53095 Main Road,, Sonthold, New Yorlc NOTICE OF PUBLIC HEARINGS FOR~, 2002 Southold Town Clerk Sworn before me th/s {~ day of ~t-~ ~_~2.002. LYNDA M. BOHN NOTARY PUBLIC, State Of New York No. 01806020932 Qualified in SL~olk Cou~ Term Expires March 8, 20~ ELIZABETH A! NEVILLE TOIVN CLEiIK REGISTRAR OF VITAL STATISTICS MARRIADE OFFICER RECORDS ~AGENIENT OFFICEB. FREEDOM OF ~ORMA~TiO~ OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (631) 765-6145 Telephone (631)~ 765-1500 southold~own.nor~h fork~ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TInS !S TO CERT~ THAT TI-W, FOLLO~G RESOLUTION NO, 742 OF 2002 W.AS ~OPTED AT THE REGU~ MEETING OF THE SOL~rliOLD TO~ BOARD ON NOVEMBER 7, 2002: RESOLVED that the Town Board of the Town of Southold hereby sets 8:20 p.m., November !9, 2002, Southold Town Hall, 53095 Main Road, Southold, New York for a public hearin~ onthe application requesting a waiver from the provisions of thc Local Law entitled "Temporary Moratorium on the Processing, Kevicw of, and making Decisions on thc 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 at Alvah's Lane, Cutchogue for the parcels identified by SCTM # 1000-102-4-6,2 8; 7.1 Elizabeth A. Neville Southold Town Clerk