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HomeMy WebLinkAboutKaloski, Michael SOUTHOLD TOWN BOARD PUBLIC HEARING September 23, 2003 5:25 P.M_ HEARING ON THE REQUEST OF KALOSKI FOR WAIVER FROM TItE PROVISIONS OF THE LOCAL LAW "TEMPORARY MOILhTORIUM ON THE PROCESSING, REVIEW OF AND MAKING DECISIONS ON THE APPLICATIONS FOR 5LAJOR AND MINOR SUBDIVISIONS~ AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD"~ SCTM #1000-102-4-6.2. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Cotmcilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas It. Wickham Town Clerk Elizabeth A. Nexfille Town Attorney Gregory F. Yakaboski COUNCIl-MAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:25 p.m., September 23~ 2003 at 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 contairfing dwelling unit(s) in the Tox~m of Southold" for the minor subdivision of Michael Kaloski, located on Alvah's Lane, Cutchogue, and identified by SCTM # 1000-102-4-6.2. I have in front of me the certification that this legal has appeared in the Traveler Watchman and that it has appeared on the Town Clerk's bulletin board outside. I have letters in the file from the attorneys for the Kaloski family. I have maps, usually there is a response from the Plannhig Board and I will just summarize this briefly. This proposal to subdivide is in the conceptual planning stage, this is dated September 19, no application has been made, the apphcant 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 the request in the context of land use planning. The proposed action involves a subdividing of a 7.788 acre parcel inlo two lots. The action would ultimately create one new building lot and a residual building lot. The lot configuration is ctm'ently unknown. On October 18 and November 4, 2002, the Plarming Board met x~Sth the applicant to discuss the application type and whether it would be exempt from the moratoriun~. The application would only qualify as exempt if the application was a true set-off. Due to the fact that the lot proposed as a set-off is unimproved, the Plarm'mg Board ruled that the application does not qnalify as a set-off and therefore is a minor subdixdsion. The parcel is located on Alvah's Lane, primarily agriculture, the Planning Board makes a recommendation that the Town Board grant the request for the application. This decision is based upon the consideration of the following: 1. The historic land preservation Southold Town Board Kaloski Waiver 2 actions of the family in 1999_ The Town purchased development fights on what was !mown as then knoxxm as another parcel of some 34 acres. In addition, tlie Town also purchased development rights 22.75 acres. In total, the Kaloski family sold development rights on 57 acres and this action fully supports the comprehensive planning goals of the Town. 2. The granting of the waiver would create only one new building lot above and beyond the current number. 3. This proposed action would not significantly impact open and recreational space. 4. Rural character-as indicated above, the action would increase the number of building lots by one, resulting in the potential of two new structures. Although the Board recognizes that all new construction affects rural quality, this proposed yield is significantly less than the allowable yield for the property for this zoning district. 5. Following clustering, the proposed lots will be comparable in size to the surronnding residential lots. 6. It is the Planning Board's position that due to the mixed land use cover of agriculture and woodlands on site, scenic impacts could be minimized through good site design through clustering the lots creating a one lot acre building envelope. 7. Tlie parcel is listed on the inventory list of the Tox~m's farm and farmlmad protection strategy. The Board recognizes that approval of this action would contribute to the cumulative loss of agriculture with the creation of the two lots. ttowever, due to the lot sizes and coverage requirements, the impacts are expected to be rein'final. 8_ The water source proposed is private wells_ 9. Site topography of the parcel 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. That is the only substantive communication on this public hearing. SUPERVISOR HORTON: Would anyone care to address the Board on this public heating? ABIGAIL WICKHAM, ATTORNEY FOR THE KALOSKI FAMILY: Good evening, my name is Abigail Wickham I am here on behalf of the Kaloski family. I would like to introduce Mr. Michael Kaloski and Itis daughter Lorraine Simon, who own the property. I would like to comment on the fact that the PlarmJng Board did recommend in favor of this, again. It is my experience that the Planning Board does not recommend in favor of a zoning matter unless they believe it has merit. And I thittk that this does have great merit. As the Planning Board explained and as the application explained, we are talking about almost an 8 acre parcel here. It is, if you look at the map that was submitted, an elongated parcel, it wraps around an existing house and borders a number of other existing homes. The point of the application is if Mr. Kaloski cammt divide his 8 acre, extremely irregularly shaped lot into two parcels, he and his family will suffer extraordinary hardship and I wonld like to explain to you why. First of all, the parcel is not a regular rectangular shape, it does not contain sufficient area for viable farming. The parcel, the portion of the property which does have farming are really more in the nature of garden areas and they are bordered by existing housing. The property is encumbered by a hillside throughout the middle, the property contains 8 ½ bttildable acres, which is the building block unit of acreage that the Town Code refers to as 40,000 square feet. There are two lots that are proposed, where as trader cttrrent zoning, four lots could be obtained. The financial hardship that the Kalosld's would suffer is that the parcel as a whole is worth much less than if the lots were divided. An appraisal that I have from Andrew Stype Realty, which I will subrait at the end of the hearing, shows that in today's market as a whole, the 8 acre entire parcel is worth approximately $275,000 less than the value of the m,o lots individually. That number is based on the fact that Mr. Stype appraised the whole parcel at $425,000, whereas each individual lot would be worth $350,000 for a total of $700,000. The difference of $275,000 is what the Kaloski's would suffer financially_ This is a huge devaluation_ Even after they have voluntarily reduced, their density by 50%. From asking for two lots, rather than four. However, it is not the dollars specifically that the Kaloski's are going to be losing if this application is not granted because more than the dollar penalty, it makes his estate planning impossible. Due to the Kaloski's advanced age, their daughter who did grow up here locally, is Southold Town Board Kaloski Waiver 3 moving back and building a residence on the property. She is building a 2,100 square foot residence. It is not the size shown on the diagram you have, it is much smaller. She at this point, is required to make an application to build the one house on the entire 8 acre parcel_ This means that he will not be in the position, when he does his estate planning, to give the rest of the property to his other child. Therefore, his daughter, in building on one 8 acre parcel, xvill have to bear not only the expense of building the house, which she is of course prepared to expend, but she would owe her father, to equate Iris estate planning an extra $275,000 for the land vahie, which the Town is forcing her to take by yonr regulations. What kind of estate plan prohibits a father from ~ving one of his clfilcken a four acre lot and instead making his other child pay for it so she can get an 8 acre parcel she doesn't want. It is not fair. The existing residence that the Kaloski's oxxm does not play into this figure because that is going to another child. I would like you to take a look at the land around this property. The property is surrounded by one acre subdi~'isions, specifically Highland Estates and the Rhinehart-Blaikie property. The pm-existing residences in this area are on very small parcels. Then look at the acreage that the Kaloski family has already preserved, which was referred to by the Planning Board. Mr. Kaloski, his brothers and sisters, sold the development rights to most of the family farm, which Mr. Kalosld farmed for most of his life. They owned 61 acres on that farm and they preserved 57 acres of that by the sale of development rights to the Town, including 2,383 linear feet o£ frontage on Alvah's Lane. That is a huge mount of frontage. It is a huge amount of open space and it is a huge benefit to the To~vn. If you added the 8 acres that they are cun-ently proposing to develop into two lots, he would still using all those numbers, come up with an 83% conservation. That is so far over your 75%, that is not even enacted, it is just your goal. It woutdjnst~be unfair to prescribe his subdivision no,v_ And by the time the Planning Board gets done ~4th it and restricts the building envelope, which we have agreed to restrict and restricts and limits some of the property for preservation and open space, which we would fully expect to have, the preserved area is going to be even higher_ So, quite simply, I don't know what more you would want. What more we could give you. To hnpose upon this family a restriction that is designed to limit development on much larger parcels is patently unfair. On an 8 acre parcel, the 75% doesn't work. You are not talking about acres and acres that you can limit a few number of building sites and get your value out there and leave the rest open for viable farmland. You are still significantly reducing density. It is one thing to tell an owner of large acreage that he can only have a few lots but it is just not fight that the Kaloski's are not allowed to do ~,rhat is proposed here. Therefore, we certainly ask that you recognize that the moratorium was not designed for this type of parcel and approve his plan. Thank you. SUPERVISOR HORTON: Thank you, Ms. Wickham. Are there other comments from the floor? (No response) We will close this heating. Elizabeth A. Neville Southold Tox'~m Clerk PLANNING BOARD ~I~IBERS BENNETT ORLOWSKI, ~ Ch~an RICkeD C.~GGL~ 0 %~LL~I J. CREMERS ~NNETH L. ED5%L~DS 5L~TIN H. SIDOR PLANNING BOARD OFFICE TO~VN OF SOUTHOLD P.O. Box 1179 To~vn Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 RECEIVED SEP I 9 2003 Southold Town To: Ms. Elizabeth 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 Kaloski SCTM# 1000-102-4-6.2 Date: September 19, 2003 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 1 and 2). The action would ultimately create one new building lot and a residual building lot. The lot configuration is currently unknown. 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. 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. All the lots are intended for residential/agricultural use or a combination thereof. The proposed project will utilize private wells and sanitary systems within individual lots. The parcel is zoned A-C. The parcel is primarily in agriculture with wooded areas following steep slope contours in the center of the property. Site topography on the parcel limits the use of the entire parcel for agriculture. 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 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 building lot above and beyond the current number of existing building lots. 3. This proposed action would not significantly impact open and recreational space. 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 the property within the A-C zoning district. Following the clustering of the proposed newly created lots, 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. It is the Planning Board's position that due to the mixed land cover of agriculture and woodlands on site, scenic impacts could be minimized through good site design through clustering of the lots, creating a one acre building envelope on Lot 1, establishing limits of clearing on the slopes and non-agricultural lands, utilizing existing vegetative buffers and encouraging active agricultural fields adjacent to public right of ways. This proposed 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, due to the lot sizes and coverage requirements, the impact to the continuance of agricultural practices upon the lots are expected to be minimal. However, the applicant did not submit a lot configuration and therefore the exact percentage of lost agricultural soils cannot be determined. The building envelopes can be modified dudng the planning process if significant impacts are identified. 8. The water source is proposed as private wells. Site topography of the parcel 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. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Enc. GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakab a ski@town.southo Id.ny.as PATRICIA A. FINNEGAIN ASSISTANT Tov,rN ATTORNEY patricia.fmnegan~,t own.sour hold.ny.us LORI HULSE i',IONTEFUSCO ASSISTANT TOV,'N ATTORNEY lori.montefusco @t own.southold.ny.us JO SI-[UA ¥. HOttTON Supervisor Town HaU, 53095 Route 25 P.O. Box 1179 Southo[d, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Supervisor Hot,on Town Board Patdcia A. Finnegan, Esq. Assistant Town Attorney September 23, 2003 Kaloski - waiver from moratorium Attached please find a review sheet relative to the Kaloski moratorium waiver application, scheduled for hearing tonight. Pat PAF/md attachment Re: Kaloski, SCTM #1000-102-4-6.2 Waiver Criteria, §6 of Moratorium · Extraordinary hardship affecting parcel · Said hardship will not affect health, safety, welfare of Southold Town · Consider the impact of the waiver on the · Water supply · Agricultural lands · Open and recreational space · Rural character · Natural resources · Transportation and infrastructure Location of Parcel · Located on AIvah's Lane, between Middle Road CR 48 and Main Road NYS 25 in Cutchogue. Size of Parcel · 7,788 acres Number of Proposed Lots · The proposal involves subdividing the 7.788 acre parcel (SCTM# 1000-102-4- 6.2) into two lots. · Subdivision will create one new building lot and a residual building lot. · No application has been made, proposal is in the conceptual planning stage. Current Zoning · A-C Amount of Proposed Open Space and/or Parkland · zero Percent of Land Preserved · 0% on this plan--- Kaloski has previously sold development rights on 57 acres on other lots. See Planning Board letter dated 9/19/03. Claimed Hardship · Financial. See letter of applicant's attorney, Abigail Wickham, accompanying the application. Additional--- Kaloski was before the Town Board on 11/19/02 seeking a waiver of the moratorium, with a plan to subdivide the property into 3 lots. The waiver was denied_ They have reformed their plan, and are now again seeking a waiver. As a result of the previous denial, Kaloski has filed an Article 78 against the Town Board, claiming that (1) the waiver was not necessary as the proposal is exempt from the moratorium as it is a set off, and (2) that the denial was illegal, arbitrary and capricious. This litigation has been put on hold by Ms. Wickham, as the applicant intended to submit a new plan (which is presently before this Board). If the waiver is denied again, I expect that applicant will pursue the litigation. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHAtID CAGGIANO V¢ILLLtl~ J. CREMERS KENNETH L. EDW-~IRDS l~RTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Torch Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 RECEIVED To: Ms. Elizabeth 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 Kaloski SCTM# 1000-102-4-6.2 Date: September 19, 2003 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 1 and 2). The action would ultimately create one new building lot and a residual building lot. The lot configuration is currently unknown. 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. 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. All the lots are intended for residential/agricultural use or a combination thereof. The proposed project will utilize private wells and sanitary systems within individual lots. The parcel is zoned A-C. The parcel is primarily in agriculture with wooded areas following steep slope contours in the center of the property. Site topography on the parcel limits the use of the entire parcel for agriculture. 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 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 building lot above and beyond the current number of existing building lots. 3. This proposed action would not significantly impact open and recreational space. 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 the property within the A-C zoning district. Following the clustering of the proposed newly created lots, 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. It is the Planning Board's position that due to the mixed land cover of agriculture and woodlands on site, scenic impacts could be minimized through good site design through clustering of the lots, creating a one acre building envelope on Lot 1, establishing limits of clearing on the slopes and non-agricultural lands, utilizing existing vegetative buffers and encouraging active agricultural fields adjacent to public right of ways. This proposed 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, due to the lot sizes and coverage requirements, the impact to the continuance of agricultural practices upon the lots are expected to be minimal. However, the applicant did not submit a lot configuration and therefore the exact percentage of lost agricultural soils cannot be determined. The building envelopes can be modified during the planning process if significant impacts are identified. 8. The water source is proposed as private wells. Site topography of the parcel constricts the use of the area fort- agriculture and site development. The center of the property is sloped, the wooded areas occupy the natural slopes. No wetlands exist on-site. if you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Eric. COUNTY OF SUFFOLK ~ , ~, ,~ .w~.. ~-::=-~-Y. ~ATE OF NEW YORK ss: ~"'~ ~ '":' ~ Lise Marinace. bein~ duh- sworn, says . ~G~L'~O~CE' '7 '.BY o~ER OF T~ b~ .... Z~;~u.~ ~ .?.:sgouTHOLD TO~ BOA~ that she is the Legal Advertising G OF T~ TO~ uv Coordinator. of the D'm'eler U~tchman. . HEWN ...... ~OLD, SEP~ER 9, NOTICE IS ~B~':.~u G~N t~ me To~mB0~a of 200~E~E~ A ~%LE 'a public nexxspaper printed at Sou~old, the Toxx~ ~f .Sou~old. he~eb~: . . in S~blk Com~B'; and lgaI the notice of , Sou~OLD TO~ CLE~ · ~ - , a.. ~nte~er 23 ' ' .....3 '953~ which fl~e mmexed ts a pnnted copy. has sets 5:25 ~. ~en~Z~ .. .. 1xg/I~,u t ~ ........ . ~ ,. 2003 at ~ou~ ~ ~z - Peen pUOllSnea 1~ SalO i raleler ~ ~l~n' Road..~ ' ffatchman once each week ;~ on ~e appUggt!oa ~?¢%]~', Ior. ..... F-...week(~ ~lccessiveh'. oawaiver~omthePtt - - ~ ' ~ /~ ' m ~ ., ~ ~c[~ o¢~e ...... ~ ........day of g "te~or~,' Mo=?n=' ? t'5~: '~" *'~F ...... ' ', - ~- Nh;or ,md Minor ~Subdivisions, and Special Use . .?ennits a~d.$~t~la, ns ,cqm~am' ~Aoeated ::on . ~s ~ ~tcho~e,~,~ :ide~ified by Sx t befi te me this /d~ dax "'- '~ Nota'ry Public Emily Hamil[ NOIARY PUBLIC, State of New ~ork No. 01[[-k$059984 Qualified in Suffolk County Commission expires Ma) 06, 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the To~-n of Southold hereby sets 5:25 p.m. September 23. 2003 at Southold Tow~a Hall 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver fi'om the prox4sions of the Local Law entitled "Temporary Moratorimn on the Processing, Re~-iew 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 subchvision o£Michaei Kaloski, located on Alvah's Lane, Cutchogue, and identified by SCTM # 1000-102-4-6.2. BY ORDER OF TH~ SOUTHOLD TO'~N BO3A~D OF THE TOWN OF SOUTHOLD, SEPTES'IBER 9, 2003. ELIZABETH ). NE~qLLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 18, 2003, AND FORW3~RD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NE'~ILLE, TO~VN CLERIC TO~VN I-L~LL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Toxxm Attorney Plarming Boztrd John Cushman Town Board Members Building Departme~t Zoning Board of Appeals Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK") ELIZABETH A. NEVILLE, Town Clerk o[the Town of Southold, ,New York being duly sworn, says that on the 15 day o~-~ ,200~, she affixed a notice of which the annexed printed notice is a uae copy, in a proper m~d substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 IVlain Road, Southold, New York. Public Hearing: for the minor subdivision of lvfichael Kalosld, located on Alvah's Lane, Cutcho~te, and identified by SCTM # 1000-102-4-6.2. C-~lizab~th ~._ NeVille Southold Toxvn Clerk Sworn before rr~this , I-q ~day o~, 2003. l'~tary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk Ceunty Term Expires March 8, 20 _O_~ ERIC O. @REBBIER ABIBAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW 0 F~ICEB WICKhAM, BRESSLEr, GORDON & GEASA, p.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTItUCK, LONg ISLAND NEW YORK 11952 631-~98-8353 TELEFAX NO. 631-298-8565 wwblaw@aoLcorn August 28, 2003 WILLIAM WlCKHAM MELVILLE OFFICE ~7~ BROAD HOLLOW ROAD SUITE I{] MELVILLE, NEW YORK ii747 To~2 Board, Town of Southold Post O,.ffice Box 1179 53095 Main Road Sonthold, New York 11971 Re: MICHAEL KALOSKI Ah'ah's Lane, Cutchogue, NY 11935 SCTM#1000-102-4-6.2 I CEI ED Gemlemen]Ladies: We represent Michael Kaloski and his daughter, Lorraine Simon, x~q]o own a 7.8 acre single m-rd separate vacant parcel at the above location We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision to divide a the 7.8 acre parcel into m;o lots. We enclose a map proposing a fairly equal division, but the exact size of the two lots will be detemfined after review by the Planning Board. The application fee of $250_00 is enclosed. If Mr. Kaloski is not allowed to proceed x~ith the subdivision because of the moratoritm~, he x~ill encounter the following hardships: 1. DE FACTO 8 ACRE ZONING. The lot contains 339,256.55 square feet, xvhich equals 8.48 "acres" under the Zoning Code_ If subdivision is not permitted, there will be a single lot of 8 acres which cannot be subdivided, and since the lot is elongated and wraps around an existing residence parcel, it is of an ungainly size and shape to constititute an "Estate" property. 2. FSXL&NCL'5~L H,~RDSHIP. The difference in value between the one irregularly shaped single lot and two single lots in considerable. The difference is a severe and unfair financial hardship to the Kaloski's and deprives them ora si=.onificant amount of value unnecessarily. 3. FAMILY CARE._' Mr. Kalos rki and bis wif~, who live in the adjoining residence, are in their mia_-80's and require additional care in order to ax~oid institutionalization in the foreseeable future. Iheir residence is too small for live-in help, and their daughter, Lorraine Simon, intends to relocate and build a house on one of the proposed lots. If the properE,~ cannot be subdivided, she will have m ;recur significm~t additional expense, to acquire the entire parcel rather than just the one lot. Given the cttrrem health and age of the Kaloski's, a delay in Ms_ Simon's relocauon plans until the conclusion of the moratorium would be a severe hardship. As an alternative ar~manent, we believe, this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Tow-n Code. However, the Planning Board 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 part of the Zoning Code, but the Planning Board has held to their policy, requiring that we seek a waiver from the Tox~ Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was [nstitnted. The property contains no significant farmland. There are tltree small, noncontiguous garden parcels which are not large enough to support a farming operation. The Largest parcel in the rear, is not viable farmland because of the shade and birds from the trees and the close proximity of the neighboring houses, shoxxn on the attached tax map as "X'"s. It is located in an area where the proposed lots ~ill not disrupt xSstas, as there are several houses close to the road which are already built. It is not large enough to be a '"conse~ation subdivision". There is sufficient area under current zonkng to create four lots, absent the moratorium, m~d the owner is voluntarily reducing that density by 50%. The Kaloski family has already sold the development rights to 37 acres of farmland which were a part of this original farm. This application differs from the prior request in that the current request does not include a lot line change request for the residence_ We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Boa2-d. ,'-b/[[7 lb 30.~hdtbu'ai cc: Planning Board Michael Kaloski Pat Finzzegan. Town Attorney Very truly yours, Town Of S, outhold ,]~' P.O Box 1179 '~'~ Southold, NY 41971 * * * RECEIPT * * * Date: 08/29/03 Transaction(s): Moratorium Waiver Receipt#: 10012 Subtotal $250.00 Check#:10012 Total Paid: $250.00 Name: Kaloski, Michael Alvah's Lane Cutchogue, NY 11935 Clerk ID: LYNDAB In~emal ID: 81647 FARMED FIELD FARMED FIELD N/F RICHARD REINHARDT 1~535 MAIN ROAD MATTITU CK, NY, 11952 VACANT N/F ANDREW C P O, BOX 105 MATTITUCK, N,Y, S 4g'o4'2g"E 457.08' RESIDENCE 706.g8' N/F CLIFFORD AND REGAN BATUELLO 1855 ALVAH'8 LANE CUTCNOGUE, N Y 1000 102-04-6 S 47'25'20"E 156,26' D 47'25'20"E ~ ~- .... I /~- N 47"08 40 W 150,00 ~F--x~'..... N/F KALOSKI N ~ N 47 08 40 W(~oPOS[O ~:~o~'r u~O 256,00 &O PIPE ~ N 47"08 40 W UTCL 256.00' FOUND POLE 479,78' // '~ UT/L' 479.78' POLE PIPE UTIL * FOUND POLE ALVAH'S LANE UTIL POLE SET STAKE 1000-102 04-8.1 POLE STONE ROAD MON OALLUCCO EST, C/O OINSBERG & CO, 675 THIRD AVENUE SUITE 2800 FrELD ZONED A-C TEST HOLE DY MCDONALD OEOSCiENCE SOUTHOLD, N Y HOLE DUB 12 AUGUST 2002 ELEV 56.0 0 DROWN SILTY LOAM OL 2 DROWN SILTY SAND WITH 20% GRAVEL PALE BROWN FINE TO COARSE SAND SW SURVEY OF DESCRIBED PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y'. SURVEYED FOR: MICHAEL KALOSKI LORRAINE /. SIMON SURVEYED; 11 JUNE 2002 SCALE 1"- 50' SURVEYED BY STANLEY J, ISAKSEN, JR, P,O BOX 294 NEW FFOLK. NY 1195 651- 17' I 4 AUGUST 05 UPDATZO ~AP Lic ~o, 05C1244