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Home My WebLink AboutF I Garbage & Refuse District . .' GREGORY F. YAKABOSKI TOWN A'ITORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY ~#~ JEAN w. COCH~, supervtsor, . ~~ Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATI'ORNEY TOWN OF SOUTHOLD To: Ed Forrester, Building Department Craig Turner, Planning From: Gregory F. Yakaboski, Esq. Town Attorney Date: January 3, 2001 Re: Fishers Island Garbage and Refuse District Attached, for your information, is a copy of correspondence that Mary received from Philip D. Nykamp, Esq., dated December 22, 2000, together with its enclosures, regarding Fishers Island landfill closure. Please review this letter carefully as Mary and I will be following this up with a phone call or meeting with your next week to determine the best way to answer this. /md attachment cc: Planning Board Valerie Scopaz, Town Planner r-,' ", \,.-.-- -r-" ... ~ .--~~'" ~-"""--"~,'" ' ", ~(~.~~\:t ~~, - JAN 03 2001 ~ Southold Town Planning Board TWOMEY. LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW THOMAS A. TWOMEY. JA. STEPHEN a.LATHAM JOHN F. SHEA. III CHRISTOPHER D. KELLEY MAUREEN T. LICCIONE DAVID M. OUBINO P. EDWARD REALE PETER M. MOTT SUZANNE V. SHANE JAY P. aUARTARARO 33 WEST SECOND STREET P. O. BOX 398 AIVERHEAD; NEW YORK 11901 EAST HAMPTON OFFICE 20 MAIN STREET EAST HAMPTON, N.Y. 11937 (631) 324-1200 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727-1767 www.suffolklaw.com SOUTHAMPTON OFFICE 51 HILL STREET SOUTHAMPTON, N.Y. 11968 (631) 287-0090 Extension 261 PORT JEFFERSON OFFICE 105 MAIN STREET POAT JEFFERSON STA., N.Y. 11776 (631) 928-4400 JANICE L. SNEAD MARTHA L. LUFT JANE M. BARTON DWAYNE S. WAGNER ANNE MARIE GOODALE* PHILIP D. NYKANlP DENISE R. NEUHAUS JOAN C. HATFIELOt OF COUNSEL email address: PNykamp@suffolklaw.com December 22, 2000 BAY SHORE OFFICE ONE EAST MAIN STREET, SUITE 1 BAY SHORE, N,Y, 11706 (631) 665-8300 <> NY & LA BARS t NY&CTBAFlS . NY&NJ8ARS HAUPPAUGE OFFICE 400 TOWNLlNE ROAD HAUPPAUGE, N.Y. 11788 (631) 265-1414 Mary Wilson, Esq. Town Attorney Southold Town Hall P.O. Box 1179 Southold, New York 11971-0959 i':. "':1 " DEe 2 6 2000 Re: Fishers Island Garbage and Refuse District .~".. -. TOvVN /\I-i'OI:;:,\i.;;'r" ,;; i.,... ; . :J.QFSOUT~'- '.-.;..,.... Dear Ms. Wilson: As we discussed yesterday, our firm represents the Fishers Island Garbage and Refuse District ("FIGRD"). We are in the process of preparing for the closure of the Fishers Island landfill (a.k.a. "pickett Landfill") as requested by the New York State Department of Environmental Conservation. In order to close the pickett Landfill, the FIGRD is required to acquire all of the land comprising the landfill, which was previously leased by FIGRD. Accordingly, we are currently in negotiations with Anne pickett to acquire her property which is located on East End Road and which is outlined on the attached survey. Rather than proceed through a condemnation proceeding, we have agreed to enter into an arbitration with Ms. Pickett which vilill dsteruiine the purchase:. priCe of the aLO-V(;;-L-t:fe:celJ.ced property. As part of our preparations for this arbitration proceeding, we are attempting to evaluate the value of the property based on its potential development in accordance with the Code of the Town of Southold ("Code"). We have determined that the pickett property is zoned R-120, requiring three acres and a lot width of two hundred feet for development. We have also determined that pursuant to the Code Section 100-239, the wetlands located to the south of the landfill access road cannot be used for yield so as to permit clustering of more than one lot north of the access road. However, a question has arisen as to whether the ten acres of land that was used as a landfill (see attached survey) could be considered developable land and thus included in the calculation of yield. This could conceivably allow the owners to cluster more than one lot in the area north of the landfill access road and west of landfill. uecember 22, 2000 Page 2 I have attached a letter from our engineer Dvirka and Bartilucci, which details the constraints on development of the landfill area itself. As the landfill area cannot itself be developed, we feel that Code Section 100-181 (C) (3) mandates that it cannot be used to determine yield, as this would result in "a greater average density or coverage of dwelling units than is - permi1:ted in the zoning district wherein the land lies." In other... words, the open space which is preserved by the clustering of a development must be buildable itself. Because the landfill is not buildable, it cannot be used for yield, and clustering would not be allowed. To assist us in our upcoming arbitration to determine the value of the pickett property, we would appreciate a letter from the Town of Southold confirming that both the areas designated as wetlands and the area which consists of a capped landfill would be excluded from the calculation of yield. If you agree with our analysis, I will draft a letter from the Town of Southold to me which sets forth the aforementioned reasoning and the conclusion that there could be only one buildable lot. I will be in touch with you after the New Year to discuss this and any concerns or questions you may have. Of course, if you have any questions, please do not hesitate to contact me. Philip D. Nyk PDN: sp : vc cc: Barry Bryan, Esq. ~~r:~v ~~ ._.~. ~-~~rl' / PO.I-it" Fax Note . 7671 To. ,. .... .. ........-\.. . .,.. d'" b'" .... DVI'rka . .. ... ..,.... ,.. ..... .. .....:and...... '. .. .... . : :()Banil...c(~f. . . ..' CO/tSl:lLllNQ t:I\!C$INe,,~ . :- . . 330 CIllIN8VS P.k Orive, Woodbury, New York, 11797-2015 5111-3&4-9890..' 71Il-4OO-3634 . FllX:.5111-364-9045 . ..mall:. db-eng@Wul1dnet.ilII.net . -- NiitDIISJ. B~P.E. _J.",,"-P,.. Tla'nIs F. fMtW. P.i. R"* 1: Burns. p;~ . RillMtdM.~( ~"',~.P.E. . September 28. 2000 -- MNiMflO.~fl'.E. Perm F. KalIN...: ,.~ J_H._. ~J.P(~.f'.e.. ~a.PytIer.Jf. . Philip D: Nylallup. Esq;' . Twomey, LathmD;Shea &. Kelley ,UP 33 West SCcond Street .. P.O. Box 398 . Riverbead. Ne\v york 11901 . AII-'''- . _F.~ '-'P"~ f'icoIillO. '.E. P....8.1I....,..6. _1I,_'~E.' .p,AichMfN~r.P.E. _14,""*'.'.&' c,... J. WIGt\IInYIh. p,fi. Re:H . AcqUisil ion of Piclcett Property. . D&B 1'168. . Dear Mr, Nykamp:.. . . As d~c\lS$ed.at o\U'.-meetingoll September.27. 2000. :provided below are constraints. with regard . to development on the Fishers (sland Landfill. 1. Wastewater canno\bedisposed on the landfill cap. Wastewater would .need to be routed beyond the limits of.the cap. 2. It is the policy of the. Suffolk County Department of Health Services not to issue building permits fCI'l'Csidences tbtha-ve private water supply wells in the vicinity of ',01 landfill. ... . .. 3. In order to route a water line.from a public water supply source below the frost line, thc water line waul, I need to be placed below the cap. It is extremelv unlikelv that tile New . York. DepartJ Ilent of. Environmental. Conservation (NYSDEC) wo.uJdapprov.e. . such.an installation. :. 4. It is the NYSDEC's position that, to enliIlI"C tlult the intc:grityof the c~p is not ' . compromised and because of concerns of landfill gas migration into st:ructllJ'CS, construction of resia lences on II landfill would be "hillhlv discouraaed." . 5. Gas vents stlmdin,.( 3Vo feet above grade as part of the ClIp would need to be maintained. likely lj)upcriod of30.ycars.. .. __ ....0 ... . A DIvISION. OF WILLIAM F. COSULICH ASSOCIATES. P.C. . . CVIFllCA ANC aAFITI.., ;1 Philip D.Nykamp, Esq. , ' '", Twoll;1ey,LlItblllI1, Shea.&: KelLey,LLP September 28, 2000 PlIgelw() 6. ~ capping, of th" landfill. maintenance. would need to beperfonned,. at a minimum annlllllly; lO'ClIIS1lle che infCgrity of the clIP. including mowing ofvegetlltjon and repair' 'H of erosion. Acoest to the landfill for maintenance and monitoring onlU1dfill gas and groundwater would be reqllired for Jl. minimum' peril!d of 30 YClllTS. J hope that this provides you with the, information you require. If you have any questions or 'reqllire additional information. please do not hesitate to call me. ~a~> Thomas F. Maher, r.E.", Vice President TFMltam ec: Steve Latham o J46If/'fMDOLTJt.dcJo.I9(R01) 4<::> ~- o..1'5 iii ,.: ;i , \1- ~'fA '<;~V__. ~V -' '? "/. "'-?.f<.<t- r- N/F FISHERS ISLAND DEVELOPMENT CORF \ \ "-I C 25" 41' 39' CD N 65'03'29" P (L..J- R 844.53' V,<xc.-T' L -378.73" D --i- LC 375.56' VIQP--' ( ~ +'" b<-- ~"(, 'V 1 . 2' 3 . ~ /'3'. <::0'27" ~ 5 . L!MII" ... OF LEA:; _0,0 lj:. O' FRESH WAlER WETlNlD IS FlAGGED BY T. SPERRY 5/2/fAJ Ie 32 '05 '2-' , , CD N 41'11'2'" W R 158.86' L =88,97' LC 87.81' N 25'OS'41" W 70.69' = 7:38,383:t: S ACRES ACRES) 18.10::t 10.1:i::: TOTAL AREA r N 70'22'27"' W 41.45' ~IC 12'20'00" I CD N 64"34'2i" w I R 683.50' I L ~147.13' lC 146.84' (LEASE AREA Ie 49 '58 '06 ' . CD N 50'07'44" W R 197.41' -L _172.1T LC 166.76' /II 75"0 7-18~5./ .. ,... ,J'~ I c- 140-'9' 00;' CO N 6S"33'S7"W .R 661.99" L -165.41" lC 164.98' -\,