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HomeMy WebLinkAboutManzi Homes Old Orchard ELIZABETH A. NEVILLE TOVfN CLERK REGISTI~kR OF VIT.~L STATISTICS i~,L~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FI~EEDOlk{ OF INFOI~ATION OFFICER Tovm H~I1, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 26 OF 2003 WAS ADOPTED AT THF REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7, 2003: WHEREAS an application has been made by the Manzi Homes for a waiver from the provisions of Local Law #3 _9002 entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwell'rog Unit(s) in the Toxvn of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision known? "Old Orchard at Cutchogue" on the parcel of property known as SCTM# 1000-100-6-9.1; and WItEREAS the application involves the subdivision ora 4.619 parcel into 4 lots; and ~VHF, REAS the To~xm Board has reviewed the file and considered all pertinent documents; and x~VHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Laxv #3-2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the anthority to vary or waive the application of aRy provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraord'mary hardship affecting a parcel of property. To grant such request, the To~xm Board mnst fred that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the To~vn of Snnthold or any comprehensive planning being undertaken in the Town. The Tox~m Board shall take into acconnt the existing land use in the immediate vicinity of-the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infi'asUmcture of the Town. The apphcation must comply with all other applicable provisions of the Southold Town Code. SVItEREAS the Town Board finds that the apphcant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the To~vn has hired a "moratorium ~oup" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategf' of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers a~d a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated today, January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WttEREAS based on the application, all relevant documentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver Rom the provisions of Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the criteria; and WHEREAS the waiver application, if approved, cotdd have a serious detrimental impact on the extensive and exhaustive comprehensive planning curreutly being undertaken by the Toxxm. Be k RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. Elizabeth A. Neville Southold Town Clerk RESOLUTION JANU3~RY 7, 2003 V - 26 WHEREAS an application has been made by the Manzi Homes for a waiver from the provisions of Local Law #3 -2002 entitled "Temporary Moratorium 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 UniX(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision knoxxm as "Old Orchard at Cutchogxte" on the parcel of property known as SCTM# 1000-100-6-9.1; and WHEREAS the application involves the subdivision of a 4.619 parcel into 4 lots; m~d WHEREAS the To~m Board has reviewed the file and considered all pertinent documents; and WltEREAS 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. APPEx&L PROCEDURES a. The Town Board shall have the authmSt3, to vary or ~x~ve the application of any proxSsion of this Local Law, in its le~slafive discretion, upon its dete~wfinadon, that such variance or x~tiver is requh'ed to alleviate an extraordinary hm'dship affecting a parcel of property. To grant such request, the Tou~n Board must find that a xmiance or waiver xx411 not aslversely effect the purpose of tiffs local law, the heald~, safety or welfare of the Tox~ of Southold or any comprehensive plarm/ng being undertaken in the Toxin. The To~m Board shall take h~to account the existing land use in the irmnedia~e xqcini~_' of the property and the hnpact of tim xmiance or x~ver on the water supply, agricultttral lands, open and recreational space, rural character, natural resom-ces, and u'ansportafion infrasu:ucture of the Tram. The application must comply x~qth all other applicable proxSsions of the Southold Toxin Code. WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WlIEREAS the Town has hired a "moratoritma ~oup" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughont the Town and a 60% reduction in density and clear estabIishrneut of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated today, January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WItEREAS based on the application, all relevant docurnentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver fi:om the provisions of Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the criteria; and WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive plavning 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. NEVHJ.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ~L~4AGEMENT OFFICER FREEDOI~! OF INFOtL~L~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.nor thfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTII~7 THAT THE FOLLO~rlNG RESOLUTION NO. 752 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19, 2002: RESOLVED that the To~a~ Board of the Town of Southold hereby amends resolution #741 adopted at the November 7~ 2002 regular Town Board meeting to read as follows: RESOL~rED that the Town Board of the Toyota of Southold ho:eby sets a 5:05 p.m., December 3, 2002 at Southold Town Hall, 53095 Main Road, Southold, New York for a public hearing on the application requesting a waiver from the proxfsions of the Local Law entitled "Temporary Moratorium on the Processing, Rex4ew of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans conta'ming dwelling trait(s) in the Toxxm of Sonthold" for the minor subdivision of Old Orchard at Cutchogue for the parcel identified by SCTM # 1000-109-6-9.2 (The parcel having frontage on both Cedar Road and New Suffolk Road in Cutchogue) Elizabeth A. Nesqlle Southold Town Clerk RESOLUTION NOVEMBER 19, 2002 V - 752 RESOLVED that the Town Board of the Town of Southold hereby.amends resolution #741 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 a 5:05 p.m.. December 3~ 2002 at Southold Town Hall, 53095 Main Road, Sonthold, 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 conta'm'mg dwell'mg unit(s) in the Town of Southold" for the minor subdivision of Old Orchard at Cutchog-ue for the parcel identified by SCTM # 1000-109-6-9.2 (The parcel haxdng frontage on both Cedar Road and New Suffolk Road h~ Cutchogue) JOSHUA Y. HORTON SUPERVISOR Toven Hall. 53095 Route 25 P.O. Bex 1]~79 Sou~chold, New York 1197]_-0959 Fmx (631) 765-1823 Telephone ~631) ?65-]_859 OFFICE OF TIlE SUPERVISOR TOWN OF SOUTHOLD To; From: Lynda Bohn, DepuO' Town Clerk Supervisor Joshua Horton and Southold Town Board Date: Re: November 12, 2002 J~[oratori.~, Waiver Requests Please be advised that the To~m Board has agreed to change the dates and times for the public hearings on moratorimn waiver requests. Please rescind resolutions #740, 741, and 742 and replace them changing the dates of the public heatings to December 3~d and the times to 5:00 p.m., 5:05 p.m., m~d 5:10 p.m. respectively. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTtLhi~ OF -VITAL STATISTICS I~,LARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF rNFOP,3/LkTION OFFICER Town Hall, 53095 Main l~oad P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo[dtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO~TNG RESOLUTION NO. 741 OF 2002 WAS ADOPTED AT THF REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: RESOLVED that the Town Board of the Town of Southold hereby sets a 8:15 p.m., November 19, 2002 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 Moratorimn 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 subdi~Ssion of Old Orchard at Cutchog~e for the parcel identified by SCTM # 1000-109-6-9.2 (The parcel having frontage on both Cedar Road and New Suffolk Road in Cutcho~te) Elizabeth A. Neville Southold Town Clerk RESOLUTION NOVEMBER 7, 2002 V - 741 RESOLYED that the Town Board of the Town of Southold hereby sets a 8:15 p.m, November 19. 2002 at Southold Tm~m 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 Moratorimn on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdix4sions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Tox~n of Sonthold" for the minor subdivision of Old Orchard at Cutchogue for the parcel identified by SCTM # 1000-109-6-9.2 (The parcel having fi:ontage on both Cedar Road and New Suffolk Road in Cutchogue) PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. RICI-IARD CAGGIANO WILLLMVl J. CREMERS KENNETH L. EDWARDS 1YL~RTLN SIDOR- ,F~' RECEIVED P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959, Telephone (631) 765-1938 Fax (631) 765-3136 OCT 4 Soufhold Town Cle~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Nex411e Tow~/Clerk From: The Planning Board Request or Waiver from Local Law Temporal3, Moratorium on the Processing, Review of and mak'ing Decisions on the applications for k£ajor and gfinor Sttbdivisions. and Special Use Permits and Site Plans containing d, velling Unit(s) i, the To,vn of SouthoM for the minor subdivision of Old Orchard at Cutchogxte SCTM# 109-6-9.2 Date: October 3, 2002 Thc proposed action involves the subdivision of a 4.619 acre parcel into four lots with the following lot sizes: Lot 1:67,912.52 s.f. (l.56 acres), Lot 2:43,070.68 s.f. (0.99 acres), Lot 3:40,082.00 s.f. (0.92 acres) and Lot 4:42,380 s.f. (0.97 acres). All proposed lots are intended for single family residential development. Lot 1 maintains frontage on Cedar's Road (with side yard frontage on New Suffolk Road), Lot 4 maintains frontage on Case's Lane, and both lots 2 and 3 maintain fi'ontage on New Suffolk Road. The proposed project will utilize private sanitary systems within individual lots. Public water is proposed. The project site is located in an area that contains a mix of residential, commercial, agricultural, and private recreational uses. The subject site is zoned R-40 residential. The Planning Board has reviewed the request for xvaiver for the minor subdivision Old Orchard at Cutchogxte SCTM# 109-6-9 2 and makes a recommen&ation of denial at this time due to the following reasons: 1. The Planning Board does not find that the reasons set-forth supporting the "fmancial hardship" qualifies as above and beyond the norm within the subdivision application process and therefore has determined that the request should not constitute a" severe hardslxip" and makes a reconnnendafion of denial. Correspondingly, it is the Planning Boards finding that thc proposed project does not fully support the planning objectives of the Town of Southold which include: The prcserv'afion.o£ open space and recreational space; the preservation of the Rural, Cultural and Historical Character of thc Hamlets and surrounding areas and the preservation of the natural em4ronment. Cc: Va/Scopaz, Town Planner Greg Yakaboski, Town Attorney December 6, 2002 RECEIVEID Tox~ Board Members Tovm of Southold 53095 Main Road Southold, New York 11971 Re: DEC 1 0 $outhold Clerk Old Orchard at ~utchogue Minor Subdivision SCTM No. 1000 - 100 - 6 - 9.1 Gentlemen: I ~xite in furtherance of Manzi Homes' application to have the above-referenced minor subdivision excluded fi:om the provisions of the Temporary Moratorium Local Law. While a public hearing regarding this requested waiver was held on December 3, 2002, by this 'time I am certain that you are ax~are that my office was not notified of the time and place of the hearing. Thus, my client was deprived of its opportunity to be heard on this matter. Ms. Neville, the Tox~ Clerk, was kind enough to provide me with a copy of the Plann/ng Board's Memorm~dum regarding tiffs application. The Memorandum, which constitutes a recommendation for den/al of the waiver, sets forth only cursor)' assertions regarding the Old Orchard minor subdivision. The blanket statements contained in the Memorandum are not explained and avoid a discussion of those factors which supposedly compelled the Town to adopt the Local Law this past summer. Section 1 of the Local Law ("PURPOSE") recites in quite unambiguous language that the Town Board enacted the Moratorium Law due to subdivisions "placing severe pressure on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town." Accordingly, it is necessary to evaluate the Manzi Homes waiver request in light of these concerns. First, the Manzi Homes application, unlike other subdivisions, has immediate access to public water. Thus, this four (4) home subdivision will not place severe pressure - or any significant pressure at all - on the water supply. Second, the Manzi Homes minor subdix4sion is located in a hamlet district, and will not place any pressure Town Board Members Town of Southold December 6, 2002 Page Tv~o on agricultural lands, as no such "lands" are implicated in this application. Third, the Manzi Homes minor subdivision only involves slightly less than 4.5 acres, and aga/n, is located within a developed hamlet district, and thus will not place any pressure - much less severe pressure - on open and recreational space. Fourth, the Manzi Homes proposed subdivision, as stated previously, is located squarely xvithin the already developed Cutchogue hamlet district, and thus place no "pressure on." or adversely affect, the Towm's rural character. Fifth, the Manzi Homes application, as it only involves four homes on non-envirortmentally sensitive land in a developed area, will not place severe pressure on the Town's natural resources. Sixnth, as the Man:r[ Homes subdivision is located in a hamlet district and will allow pedestrian access to shopping, and merely consists of four homes, it will not place any pressure on the Town's transportation infi:astructure. The Planning Board's unsubstantiated comment that the "proposed project does not fully support the planning objectives of the Towm of Southold which include: The preservation of opan space and recreational space; the preservation of the Rural, Cultural and Historical Character of the Hamlets and surrounding areas and the preservation of the natural em4ronment" is contradicted by the six-part analysis set forth above and at odds with the very factors which the Moratorium Law, in Section 6 (APPEAL PROCEDURES) instructs "shall" be '~take[n] into account" upon review of a waiver application. Moreover, the Planrdng Board's "finding" that the Manzi Homes request does not "constitute a 'severe hardship'" is unsubstantiated and subjective. The Plamfing Board's "conClusion'' that the applicant's "reasons" do not "qualify[y] as above and beyond the norm within the subdivision application process" relies upon an analysis that is not specified or authorized in the law' itself. Further underscoring the arbitrary nature of the Planning Board's comments is the failure to address the hardship factors set forth in correspondence onbehaif of the applicant dated July 28, 2002 and August 27, 2002. Man×i Homes has expended extensive amounts of time, money and resources in the course of applying for the minor subdivision, and has incurred sj~maificant carrying costs as wel~ Moreover, Manzi Homes has also been adversely affected by the Moratorium currently in effect in the Town of Riverhead, and thus has suffered added hardship ~lue to the hold on the development of the Old Orelmrd at Cutchogue minor subdixS~ion. Further, it is now' apparent, as set forth in a recent local newspaper article which quotes members o'f the Town Board (copy attached), that the Moratorium will now be extended, which Will xvithou~ question cause further hardship to the applicant_ I respectfully submit, based on the facts before you and prior submissions by the applicant, that ManTi Homes' request for a waiver should be granted. If you are inclined, S~E]'EN E. LOSQIY_kDRO $~ Town Board Members Tow~ of Southold December 6, 2002 Page Three however, to follow the recommendation of the Planning Board, kindly invite us to discuss this matter further at a Town Board meeting. attachment Thank you for your consideration_ Sincerely, Steven Losquadro STEVE~' E. LOSQU~XDRO ~ ~NOTiCE OF pUBLIc HI~G :~ NOTIC~. IS HEREBY ~ GIVEN' Southold hereby s6ts December 3. 2002 at the Southold CTown Hall. 53095 Main Road. [':Sofithold. New Yo r k. fo r h-~,~ blie'hear - f-~aive_r from the provisio~ ot die I ;;~zb~al Law ~ntitled:"Te'~P°rarv .I i:i~qratorium.'}oxe the .' F~gc'~fsifi~, I RaYi~v .oL a~d making D ac/signs :o n thff a~rplications for Major~nd. Mialor · -[$gbdivisions, and . Spe~[aI-. Use ,;SPekmils and Site"Plans~-on,ta~ning ~?So/dthold" for t~e minor ~hbdi~jsion-. I .~gta~]~n:ho~:~dar R6ad ~d.. .,New Suffo~.Rmd:~.~t~ggue) ;~amd: ~ovembei 7, ~2 } )~: _. :~ SO--OLD TO~g0A~ SO--OLD TO~ C~RK 2535-1TNt4 STATE OF NEW YORK) )SS: CO...~_~UN, TY QF SUFFOLK) ~,,~x.//~/~.~'~'"/_.-'/~-.~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 published in said Newspaper once each week for / weeks succes- sively, comm.enging on the /~'~ day of/t/~// 20~',~..~ ~ P~ncipal Clerk Sworn to before me this ! day of ,~*~/~ 20 LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in SuffoJk County My Commission Expires Dec. 24, 20~Z~'' ELIZABETH A. NEVILLE TOWN C LE P..K REGISTRAR OF VITAL STATISTICS I~LkRRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI~LiTION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 $outholdtown.nort h fork.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: August 28, 2002 Transmitted, please find request of Steveu E. Losquadro, Esq. on behalf of Manzi Homes, Ino. for a aaiver/vmiance to the moratorium on minor subdivision "Old Orchard" located at Cutchogue, SCTM No. 1000-100-6-9.1. STE~N E. LO,QUADRO RECEIVED AUG 2 8 ?002 Southold Town Clerk August 27, 2002 Town Board Members To~ of Southold 53095 Main Road Southold, New York 11971 Old Orchard at Cntchogue Minor Subdivision SC13I No. 1000 - 100 - 6 - 9.1 Gentlemen: I represem Manzi Homes, Inc., the applicant in the above-referenced matter. Please accept this correspondence as a request for a waiver and/or x. ariance of the provisions of the Town's recently enacted local law adopted on August 13, 2002 [hereinafter "the Moratormm"] on the aforementioned property, located hi Cutchogue, New York. We respectfully submit, for the reasons set forth here/n, that such a waiver and/or variance should be ~anted in order to alleviate the e~raord/na~_ hardship affecting the parcel in question and the applicant herein. Initially, kindly allow me to note that I subinitted correspondence to this Board dated July 28, 2002 which set forth the enormous hardship that the Moratorium would cause my client. A copy of that correspondence is attached hereto. Manzi Homes has expended a considerable amount of time, money and resoumes in the Old Orchard at Cutchogue minor subdivision. My client has incurred substantial can3_;ing costs for the property in question, and almost four (4) months ago received sketch plan approval of maps for the minor subdivision from the Planning Board. Moreover, I submit that the variance and'or waiver we seek x~ll not adversely affect the purpose of the local law. The Moratorium law explains, in perthaent part, that among the factors lead/ng to the law's enactment is the ~owth of residential subdMsions which place "severe pressure" on the Tox~n's %~ter supply, agricultural lands," "rural character, natural resources and transportation infrastructure." The minor subdi~4sion in question is located La a hamlet area, and thus would not adversely affect the rural character of the Tox*~, and would not adx. ersely impact any agricultural lands. Also, Tox~m Board Town of Southold August 27, 2002 public water exists at Cases Lane, the site of the application, and thus there xvould be no adverse impact on the xvater supply. In addition, as the minor subdix4sion will be situated in an existing hamlet area - which allows for residents to walk to shopping and amenities the minor subdivision will not adversely impact the Town's natural resources and transportation infrastructure. Manzi Homes proceeded wSth the minor subdix4sion at issue for a significant period of time - and to a significant degree of approval prior to the enactment of the Moratorium. Further, ~e respectfully submit that a waiver or variance will not adversely impact those items specified in the laxv itsel£ Accordingly, we respectfully request that a variance or waiver be issued for Old Orchard at Cmchogue. attactunent Sincerely, Steven Losquadro STI~V-F~N E. LOMQUA1)RO 70~ ~OUT~ ROCKY POLNT, NESV YORK 1177S (631) 7~9070 · h~X (~l) 7~-9~1 July 28, 2002 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Old Orchard at Cutchogue Minor Subdivision Gentlemen: Kindly consider this correspondence as an application to exclude the above- entitled minor subdivision applied for ~r 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 fi'ds minor subdivision for which sketch plan approval has akeady been granted would cause great financial hardship to my client. Mmnzi Homes is a small, family oamed and operated company which constructs single family residences. For some time, Manzi Homes has enjoyed an exceptional reputation in the Town of Southold as a builder of quality homes that deals fairly and honorably ~4th both the public and the Town government. Manzi has invested a sig14ficant amount of time, money and resources to the Old Orchard at Cutchogue subdivision. Lrfitially, Manz-i submitted an application fee of $3000.00, enwSronmental 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 ofHealih Serx4ces [hereinafter "SCDHS"], Manzi has expended a con~siderable amount of money for engineering costs, and over the course of the last year has attended numerous meetings With the SCDHS and the Planning Board in furtherance of this application_ On May 13, 2002 the Planming Board adopted a resolution granting sketch plan approval of the maps for the minor subdivision, and since that time Manzi has responded to further requests made by the Planning Board, includh~g a request for a $750.00 environmental fee. In light of the substantial time and expense dedicated to this minor subdixdsion, a failure to have Old Orchard at Cutchogue excluded from a moratorimm would work Town Board Members Tow~ of Southold July 28, 2002 an enormous hardship on a family enterprise such as Manzi Homes. Accordingly, we respectfully request that Old Orchard at Cutchogue be excluded from any moratorium enacted by the Town of Southold_ Sincerely, Steven Losquadro ELIZABETH A. NEVILLE TOWN CLERK REG[STR,kR OF V[T.M, STATISTICS 5LiRRLkGE OFFICER RECORDS i~{ANAGENiENT OFFICER FREEDOIvI OF INFOI:LVLkTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To; From: Re: Valerie Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney ~ Elizabeth A. Neville, Southold Town Cler~/ Manzi Homes request for waiver to moratorium Date: September 5, 2002 I received a check this morning from Manzi Homes in the amount of $250.00 covering the fee for their waiver application for the minor subdivision "Old Orchard at Cutehogue' Please commence the review proceedings on this application. Thank you. cc: Supervisor & Town Board ELIZABETH A_ NEVILLE TOW~N CLERR REGISTtL42~ OF VIT.aL STATISTICS I~LtRRL&GE OFFICER RECORDS ACh2xlAGEMENT OFFICER FREEDOM OF INFOI~LtTION OFFICER Town Hall, 53095 1VIain Road P.O. Box 1179 Soutkold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 soutl~old ~own.nor~hfork.nec OFFICE OF TI-IE TOWN CLERK TO~VN OF SOUTHOLD September 3, 2092 Steven E. Losquadro, Esq. Attorney At Law 701d Route 25a Rocky Point, New York 11778 Dear Mr. Losquadro: Please be advised that we are in receipt of your letter requesting a waiver to the moratorium for the minor subdivision "01d Orchard at Cutchogne"., However, your application cannot be processed until such time as the $250.00 application fee is received. Please send this fee directly to me at the above address. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Received: $250.00 application fee regarding above-referenced matter. Town Of Southold !'l-~, P.O Box 1179 ;.~ Southold, NY 11971 * * * RECEIPT * * * Date: 09/05/02 Transaction(s): Moraotirum Waiver Receipt#: 14943 Subtotal $25O.OO Check#: 14943 Total Paid: $250.00 Name: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 Clerk ID: LYNDAB internal ID: 62207 ELIZABET~I A. 1N-EVILLE T O V~-N CL]~RK REGiStRAR OF V~TAL STATISTICS i~L~RRL~.GE OFFICER RECORDS M-kNAGF2YIENT OFFICER FREEDOM OF INFOI~LATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtoxma.northforkmet OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD September 3, 2002 Steven E. Losquadro, Esq. Attorney At Law 701d Route 25a Rocky Point, New York 11778 Dear Mr. Losquadro: Please be advised that we are in receipt of 3rotor letter requesting a waiver to the moratorium for the minor subdivision "Old Orchard at Cutchogue". However, your application cannot be processed until such time as the $250.00 application fee is received. Please send this fee directly to me at the above address. Thank you. Very truly yours, Elizabefl~ A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Toxxm Board of the Town of Southold hereby sets a 5:05 p.m., December 3, 2002 at Southold Town Hall 53095 Main Road, Southold, New York for a public hearing on the application requesting a waiver fi:om the provisions of the Local Law' entitled "Temporary Moratorium on the Processing, Re¥iew of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Perm/ts and Site Plans containing dwelling unit(s) in the Toxxm of Southold" for the minor subdivision of Oid Orchard at Cutchogx~e for tile parcel identified by SCTM 4/1000-109-6- 9_2 (The parcel Imving fi:ontage on both Cedar Road and New Suffolk Road.in Cutchogue) Dated: November 7, 2002 BY ORDER OF TI{E SOUTHOLD TOg¥2N BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 14, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZ_&BETIt NEt ILLE, TOY~2N CLERK, TOWN I:La. LL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Toxm~ Board Members Town Attorney John Cushman, Accounting Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Toyota of Southold, New York being duly swom, says that on the 15 da3rof [qoO~k~-Jt- ,2002, she amxed a notice of which the mmexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Btdletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARINGS FOR &~c-w~. ~w.~zr ~c), 2002 Elizabeth A Neville Southold Town Clerk Sworn before me this 13 day of ~k.-)~2002. N''-~ - '(O]ary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 ~ NOTB--~ I5 HEREBY cur~rEN fi-~t ~em~r 3. 2~2 at the :Town ~aH. 5309~ ~[ain ~a~ ~thold. New York f~r a ~ubHe heb- rew e~ ~empo~ Morato~ ~,~ ~si~ on ~e aPPa~ons for ~ajor ~ N~r Sub.vision, ~d ~mg d~ elimg ~ S~o[d- for ~ ~nor ~9.2:(~'~1 ~g ~nmge offbotK ~.C~d~ Road ~A New STATE OF NEW YORK) )SS: C~O F.~SU FFO~,.K) ,,~',¢~,~-~z~'~,,~--- 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 published in said Newspaper once each week for ,~ weeks succes- sively, commeqcing on the /,~' .day of /~/~/// 20~,,~..., ~' "Principal Clerk Sworn to b~,~me this day of 20 'LAURA E. BONDARCHUK Notary Public, State of New York Nc 01B06067958 Qualified in Suffolk County My Commission Expires Dec, 24, 2Q...