Two controversial subdivision applications that would create lots smaller than the minimum area allowed by code on Fifth Avenue won’t be acted on by the Greenport Village Planning Board unless and until the village Zoning Board of Appeals grants variances.
The planning board will refer both applications to the ZBA at its next regular meeting Jan. 7, board chairman Devin McMahon said at Thursday’s planning board work session.
The applications, filed by James Olinkiewicz of Shelter Island, both seek to divide properties on Fifth Avenue that are already improved with two-family homes. The subdivisions — at 221 and 238 Fifth Avenue — would create four nonconforming lots, three of which are smaller than the minimum area required by village code; the new lots would also require several setback variances. Olinkiewicz seeks to build a single-family home on each of the proposed new lots.
Neighboring residents vehemently object to the plans, complaining that Olinkiewicz’s existing homes are overcrowded and have caused parking and traffic problems on Fifth Avenue.
The village should not allow new nonconforming lots to be created by subdivision, neighbors argue.
At least two members of the planning board agree. Both Brad Burns and Peter Jauquet said they do not support the plans. Burns said he supports the idea of a subdivision moratorium advanced by residents — they submitted petitions to both the village board and the planning board seeking a moratorium on all land subdivisions that would create substandard lots.
Though McMahon announced at the beginning of Thursday’s meeting that no action would be taken on the subdivision applications unless the lot size and setback variances are approved by the ZBA, residents nevertheless took the podium to object to the subdivision proposals and complain about Olinkiewicz’s property management and tenants.
“Southold would never allow such small lots,” Fifth Avenue resident JoAnne McEntee told the board. “The code requirement is 7,500 square feet per lot in the R2 district,” she said.
The lot at 238 Fifth Avenue is 9,418 square feet. The subdivision would create one 5,392-square-foot parcel — where the existing two-family house sits — and one 4,026 square-foot parcel, where he would build an 800-square-foot, single-family home, according to the application.
At 221 Fifth Avenue, an existing 14,206-square-foot lot would be split into one 7,619-square-foot parcel improved with the existing two-family house and a new 6,587 square foot lot where a new home would be built.
McEntee told the board to consider what Olinkiewicz is “really putting there.”
Mcentee and other neighborhood residents complained at length of overcrowded homes owned by Olinkiewicz and the traffic, noise, garbage and sewer impacts they say his properties have had on their neighborhood.
“I have witnessed at least 14 to 17 people living there [at 238 Fifth Avenue],” she said. “There are excessive amounts of overflowing garbage, which is another sign of overcrowding in the rental homes within our village.”
“As an absentee landlord, he simply doesn’t care,” McEntee said of Olinkiewicz.
“Make no mistake,” she said, “His proposal for a one-family home will become a two-family home. He has a past of making one-family homes into two-family homes and has created accessory use apartments,” she said. “He has at least 30 lots within our village,” she said.
“When is enough enough?”
Fifth Avenue resident Jack Weiskott said people who live on the street “are all experiencing the same traffic, congestion and noise issues.” He delivered to the planning board a copy of the petition previously submitted to the village board demanding a moratorium on subdivisions.
Weiskott said congestion from parked cars belonging to tenants living in overcrowded homes have made it impossible for two cars to pass each other on the street, which is a two-way street.
Front Street resident Mary Ann Jaeger said Olinkiewicz, when he bought the houses he owns, said the people living there would be families and promised he’d take care of the properties. Village building inspector Eileen Wingate was “boasting his praises,” Jaeger said.
“It’s not what you claimed it would be,” she said to Wingate, who was at the meeting, seated next to village administrator Paul Pallas. Wingate did not respond.
“They are not related. You’re not going to convince any of us,” she said.
Jaeger grew agitated as she described overflowing garbage cans, “beer bottles all over the place” and the sewer line backing up as a result of overcrowded conditions in the rental houses. “I’m tired of it,” she said.
“Next door, putting it very nicely, is a shithole in distress and nobody’s doing anything about it,” Jaeger said.
Olinkiewicz’s attorney, Kimberlea Rea of Shelter Island, said her client has rehabilitated old buildings, many of which were dilapidated, and brought them up to code. “I would like to make it clear that his intent is to create housing that is code compliant.”
