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HomeMy WebLinkAboutFEIS - Notice of Completion 08/2021 J� STATE ENVIRONMENTAL QUALITY REVIEW ACT NOTICE OF COMPLETION FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE ENCLAVES HOTEL AND RESTAURANT SOUTHOLD,TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK Date: August 19, 2021 Lead Agency: Southold Town Zoning Board of Appeals (ZBA) Address: Zoning Board of Appeals Office Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Notification is hereby given that the Town of Southold Zoning Board of Appeals ("ZBA"), as lead agency pursuant to the State Environmental Quality Review Act ("SEQRA") and implementing regulations thereto at 6 NYCRR 617, has deemed the Final Environmental Impact Statement ("FEIS") for The Enclaves Hotel and Restaurant(see description below)complete for filing,distribution,and public and agency consideration. The agency and public consideration period will close on September 10, 2021, at which time a written findings statement will be prepared. Name of Action: Request for Special Exception Use Permit for The Enclaves Hotel and Restaurant SEQR Classification: Type 1 Description of Action: The Proposed Action involves a Special Exception Permit to allow for the expansion and renovation of an existing two-story home to create a 74-seat restaurant and construction of a 44-room hotel including a two-story hotel building containing 40 hotel rooms and four detached cottages on a 6.75 acre property located on the north side of Main Road, +/-830 feet east of Boisseau Avenue and +/-90 feet west of the intersection of Main Road and Town Harbor Lane in the Town of Southold, Suffolk County,New York. Additional improvements include: • Installation of an outdoor in-ground swimming pool and pool patio, and pool cabanas on the west side of the proposed hotel building, drainage catch basins and subsurface leaching pools to address stormwater runoff, an advanced on-site sewage treatment facility at the northeast corner of the property for on-site sanitary waste treatment and disposal, other necessary utilities (public water connections, electricity, etc.) and miscellaneous minor amenities and accessory features. • Construction of an access driveway and parking for the restaurant and hotel use. • Removal one of the existing sheds and retention and reuse of an existing one-story detached garage. A Special Exception Use Permit is required from the ZBA for the hotel use and Site Plan review and approval is required from the Town Planning Board for the overall project. The property address is 56655 Main Road and its Suffolk County Tax Map number is District 1000; Section 63;Block 3,Lot 15. The property is located within the Town's Hamlet Business Zoning District. Availability of Document:Copies of the FEIS are available for public review at the offices of the lead agency and on the Town's website at the Office of the Town Cleric,Town Hall,53095 Main Road,Southold(between 8:00 AM and 4:00 PM), and at the Southold Free Library, located at 53705 Main Road Southold. Or online at: http://southoldtownny.gov/1298/Environmental-Impact-Statement Contact: Leslie Kanes Weisman,Chairperson, Southold Town Zoning Board of Appeals Address: Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Telephone: (631) 765-1809 Email: kimf@southoldtownny.gov. A Copy of this Notice has been Sent To: Scott A. Russell,Town Supervisor,and Members of the Town Board Town of Southold 53095 Main Road P.O.Box 1179 Southold,New York 11971 Email:scott.russell@town.southold.ny.us Donald Wilcenski, Chairman, and Members of the Town Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold,New York 11971 Kimberly Kennedy Suffolk County Water Authority 4060 Sunrise Highway Oakdale,New York 11769 Email:Kimberly.KennedyA SCWA.com Craig Knepper Office of Wastewater Management Suffolk County Dept of Health Services 360 Yaphank Avenue, Suite 2C Yaphank,NY 11790 Sarah Lansdale Suffolk County Planning Commission 100 Veterans Memorial Highway P.O.Box 6100 Hauppauge,NY 11788 Email:Sarah.Lansdale@suffolkcountyny.gov Melik Tariq NYS Department of Transportation Traffic Engineering& Safety 250 Veterans Memorial Highway,Rm. 6A-7 Hauppauge,NY 11788 Email:Melik.Tariq@dot ny.gov Regional Permit Administrator Division of Environmental Permits New York State Department of Environmental Conservation Region One, SUNY @ Stony Brook 50 Circle Road Stony Brook,New York 11790 Email:sue.ackerman@dec.ny gov NYS Office of Parks,Recreation and Historic Preservation Field Services Bureau Peebles Island Resource Center,PO Box 189 Waterford,NY 12188-0189 (via online CRIS system) PSEG Long Island Project Management Office 999 Stewart Ave. Bethpage,NY 11714 Attn: Hannah Emouna Email-Hannah.Emouna@pseg.com National Grid Environmental Engineering 175 East Old Country Road Hicksville,NY 11801 Attn: Cathy Waxman Jonathan Tibett c/o David Altman, Esq. 538 Broadhollow Road Suite 301 Melville,New York 11747 Email: daltman@brownaltman.com This Notice has also been forwarded for publication in the Environmental Notice Bulletin. BOARD MEMBERS Southold Town Hall eslie Kanes Weisman,Chairperson ®��®� ®���®� 53095 Main Road• P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acamporai Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 August 19, 2021 Andrew V. Giambertone, AIA, President Andrew V. Giambertone &Associates, Architects 62 Elm Street Huntington,NY 11743 Dear Mr. Giambertone; The following resolution was adopted during the Zoning Board of Appeals Special Meeting of August 19, 2021: RESOLUTION FOR ACCEPTANCE OF FINAL ENVIRONMENTAL IMPACT STATEMENT AS COMPLETE PROPOSED ENCLAVES HOTEL AND RESTAURANTSPECIAL EXCEPTION USE PERMIT APPLICATION WHEREAS, the Town of Southold Zoning Board of Appeals (ZBA) has received an application ("Case#7046") from Andrew Giambertone and Associates, Architects, on behalf of client and property owner 56655 Main Street LLC c/o Jonathan Tibett for a Special Exception Use Permit for "The Enclaves" 44-unit hotel and 74-seat "sit-down" restaurant, the hotel being a Special Exception Use in the Town's Hamlet Business Zoning District; and WHEREAS, the subject 6.75-acre property is located at 56655 Main Street ("NYS Route 25") in the Town of Southold and is identified as Suffolk County Tax Map No: District 1000; Section 63; Block 3; Lot 15; and WHEREAS, the proposed project was classified as an "Type I" action pursuant to the State Environmental Quality Review Act ("SEQRA") and the ZBA conducted a coordinated review with involved agencies and issued a Final Scope dated April 19, 2018 for the DEIS; and WHEREAS,the applicant submitted and revised a Draft Environmental Impact Statement("DEIS") pursuant to ZBA comments and on October 7, 2019,the last revised DEIS dated August 2019 Resolution for Acceptance of Final Environmental Impact Statement as Complete for Public and Agency Review for the Proposed Special Exception Use Permit for"The Enclaves"44-unit hotel and 74-seat "sit-down"restaurant. was found to be adequate with respect to its scope and content for the purpose of filing, distribution, and commencing public review; and WHEREAS, a DEIS Notice of Completion was published in the New York State Department of Environmental Conservation (NYSDEC) Environmental Notice Bulletin on October 16, 2019 providing a public comment period to November 18, 2019; and WHEREAS, a public hearing was held on November 7, 2019 and the ZBA elected to extend the written comment period to December 9, 2019; and WHEREAS,the Applicant prepared a Final Environmental Impact Statement ("FEIS") in response to comments and questions received during the document review period and, after several revisions of same, has revised the FEIS to address ZBA comments. NOW THEREFORE BE IT RESOLVED, that the ZBA accepts the FEIS for the Proposal as adequate for purposes of public and agency consideration; and BE IT FURTHER RESOLVED, that the requisite Notice of Completion be filed with the NYSDEC Environmental Notice Bulletin and that the FEIS be circulated to involved agencies, posted online, and made available as a paper copy at Town Hall for public consideration. A motion to adopt the above Resolution was made by Member Weisman (Chairperson), seconded by Member Lehnert, and adopted upon the following vote: Dated: August 19, 2021 eslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals cc: David Altman, Brown Altman & DiLeo Kim Gennaro-Oancea, PWGC Page 2 -•�, B R❑W N tivl - BROADHOLLOW ROAD I SUITE 301 r � . / MELVILLE, NEW YORK 1 1 747 ALTMAN & O D L E❑ , TEL 51 6-222-0222 I FAX 51 6-222-0322 ro, LLP KBDA@BROWNALTMAN.COM I WWW.BROWNALTMAN.COM August 20, 2021 Via Email& FedEx Overnight Leslie Kanes-Weisman, Chairperson ������� Town of Southold Zoning Board of Appeals Town of Southold, Town Hall Annex Building 2 54375 Route 25 ��il� 3 2021 Box 1179 SoP.Out old,New York 11971 �ddr�41APP � Is Re: Special Exception Use Permit application and State Environmenta Quality Review Act("SEQRA")review(collectively,the"Application")to the Town of Southold Zoning Board of Appeals ("ZBA") by 56655 Main St LLC ("56655 LLC") in connection with the hotel project (the "Development Project") to be located @ 56655 Main Road, Southold, New York 11971; SCTM No.: 1000-63-3-15 (the "Property") Our File No.: 100-513-001 Dear Chairperson Kanes-Weisman: 56655 LLC wishes to express its appreciation to the ZBA for accepting the FEIS (the "Acceptance Resolution") at its August 19, 2021 meeting. Having listened to Board's discussion, following adoption of the Acceptance Resolution, the applicant, however, has cause for great concern. As you know, for months 56655 LLC has expressed its frustration with a lack of meaningful communication from the ZBA. We have written to you and the Town Attorney expressing our objections to the Board's lack of communication. Yesterday, the lack of communication continued when we received a copy of the FEIS (the "Accepted FEIS") a couple of hours before the ZBA's 5:00 p.m. meeting. We asked the Board's environmental consultant to provide us with a red-line copy of the Accepted FEIS, so we could review the changes to the document, and the same was not provided until 5:51 p.m., after the ZBA adopted the Acceptance Resolution.' The applicant,therefore, did not have sufficient time to review the Accepted FEIS. Of greater concern, following the ZBA's adoption of the Acceptance Resolution members of the Board engaged in a discussion wherein certain member expressed' their opposition to the Application(hereinafter, the"Opposition Members"), despite having just adopted the Acceptance I The FEIS accepted by the ZBA at the August 19,2021 meeting contained certain conditions that were not discussed with or presented to 56655 LLC prior to the aforementioned meeting. The conditions included(i)limiting use of the hotel spa to overnight guests, and (ii) prohibiting amplified music outdoors. Respectfully, the first condition constitutes an impermissible use of zoning to restrict the applicant's business and the second condition is contrary to, among other things, the Southold Zoning Ordinance, Noise Ordinance, and the expert reports provided by 56655 LLC's Sound Consultant and the ZBA's Sound Consultant. 2 The August 19,2021 meeting did not provide video feed and,as such,it was not possible to discern which members of the ZBA expressed their objection to the Application. BROWN / ALTMAN & Oro, DiLEo , LLP Resolution. It was apparent from the comments of the Opposition Members that they intend to further delay the Application through a protracted Special Exception Permit ("SEP") hearing although the criteria for the granting of a SEP was thoroughly evaluated in the FEIS and served as a basis for changes imposed by the ZBA on 56655 LLC's project scope and site plan. Also disturbing are comments made by Board members seeking to disavow and divorce themselves from their affirmative vote to adopt the Acceptance Resolution,made just moments prior,through the SEP hearing process.3 Evidently, a three and half(3 ''/z) to four (4) year SEQRA scoping and EIS proceeding and an Opposition Board member's affirmative vote has little, if any, meaning or importance.4 The SEP hearing should not be used as a weapon to improperly delay consideration of the Application, nor should it viewed by Board members as a means to create issues intended solely for the purpose of denying the same, particularly where the FEIS supports the issuance of the SEP. Further, the Acceptance Resolution, as read into the record, did not provide a time-frame for review and consideration of the Accepted FEIS, nor did the ZBA set a date to proceed with continuation of the SEP hearing or adoption of a Findings Statement. This Board's consideration of 56655 LLC's Application has been delayed long enough. We, therefore, request that the ZBA provide the applicant with a date whereby comment to the Accepted FEIS is closed and a hearing for the SEP is set. 56655 LLC asks and expects to be treated fairly and with due process, anything less is unacceptable. Rather than look for a reason to deny the Application, the ZBA should seriously consider the Application and the extensive work its members and the applicant have made throughout EIS review process, resulting in the production of a well-considered and thoroughly vetted Accepted FEIS. Your prompt attention to this matter is anticipated and appreciated. Very truly yours, Brown Altman &DiLeo, LLP By: X0��4���9E ba-efd N. Altman cc.: Southold Town Attorney, Bill Duffy, Esq. (via email) 56655 Main Road, LLC (via email, only) PWGC (attn.: Kim Gennaro-Oancea, AICP CEP and Bryan Grogan, PE; via email, only) s With the exception of only one(1)ZBA member,all Board members voted to adopt the Acceptance Resolution. a It should be noted that Chairperson Kanes-Weisman pointedly addressed Opposition Members seeing to disavow their vote adopting the Acceptance Resolution, wherein she stated that the ZBA has repeatedly and thoroughly reviewed/considered the FEIS, along with the Board's consultants. Further, 56655 LLC has met every condition/request made by the ZBA through the EIS process. The Chairperson also stated that there is nothing more that the Board, at this point, can ask of the applicant to mitigate potential impacts of the Application, as 56655 LLC has already done everything asked of it by the Board. 2 Fuentes, Kim D From: Carrie OFarrell <COFarrell@nelsonpope.com> u �20V UI Sent: Thursday,July 22, 2021 11:27 PM 13Y�w To: Fuentes, Kim;Weisman, Leslie; Leslie Weisman Forward Cc: Duffy, Bill; Lanza, Heather Subject: Enclaves - Final EIS Update Attachments: 2021_7_22 FEIS Acceptance Memo.pdf, FEIS Revised July 2021-NPV Tracked.docx; Revised Special Exception Permit Ana lysis_Tracked.docx The applicant submitted the revised Final EIS for the Enclaves project and we have completed the review. I asked them for the Word files, as there were a few items that made more sense for us to just update. It was my understanding that the Board did not want to permit any outdoor amplified music (for the pool area, lounge, etc.). Please confirm that is correct. If so, the revised FEIS (attached with tracked NPV changes) adequately addresses the requirements of the June 24, 2021 comment memo. If the Board is in agreement,formal acceptance of the FEIS is recommended. We can forward either the tracked changes version or a clean copy to the full Board-please let me know their preference (or if hard copies should be provided to the Board). If the Board is comfortable with electronic copies,does the applicant just need one copy for the clerk's office? Thank you, Carrie g v� Carrie O'Farrell,AICP NPV Senior Partner L/14 2 ✓' �sl��f �r o: 631.427.5665 x214 v� From: Kim GennaroX<kgennaro@pwgrosser.com> Sent:Tuesday,July 6, 202112:22 PM To: Carrie OFarrell <COFarrell@nelsonpope.com> Cc: David N.Altman<daltman@brownaltman.com>; Fuentes, Kim <kimf@southoldtownny.gov>; Bryan Grogan <bgrogan@pwgrosser.com>; Duffy, Bill <billd@southoldtownny.gov> Subject: Revised FEIS,Special Permit Analysis and App E Traffic Hi Carrie, As requested and pursuant to your June 24, 2021 Memorandum,we have made the final requested changes to the FEIS and special permit analysis. Both red-lined and final versions are included. I have also attached the revised Appendix E, which includes the NPV comment memorandum. Upon review and acceptance of these changes as complete and acceptable for filing, please advise on the anticipated filing date for the cover page and we will proceed with assembly of a complete FEIS with all appendices for posting. Also, please advise on the number of hard copies you will want delivered to the Town,your office, etc. If you have any questions, please feel free to contact me. Thank you. Best regards, Kim 1 Kim Gennaro-Oancea, AICP CEP Vice President P"M 630 Johnson Ave.,Suite 7 Bohemia, NY 11716 w.631 589.6353 f.631.589.8705 m.631.918.2006 https://www.pwgrosser corn ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 fip Sr AV JUS` �F✓ ,� The Enclaves-Proposed Hotel and Restaurant 56655 Main Road,Hamlet of Southold,Town of SoutholdlV;Y Consistency Analysis with Special Exception Use Permit-4280-142 and§280-ib- " Rev.July 2021 The proposed hotel requires a special exception use permit from the Zoning Board of Appeals. Sections 280-142 and 280-143 of the Town Code set forth general standards as well as matters to be considered when issuing a special exception use permit. A consistency analysis of the proposed action with the general standards and matters was included in the Draft Environmental Impact Statement(DEIS) dated October 2019. However, due to the changes to the proposed site plan and project scope during preparation of the FEIS,a revised analysis is hereby provided. Specifically,the following changes were made: 1. The ingress driveway has been shifted 11 feet to the west and additional landscaping has been incorporated into the land area between the driveway and the eastern property line to provide a 15-foot vegetated buffer. See Sheet C-100 in Appendix C of this FEIS. 2. The proposed pole-mounted light located in the parking island near the main entrance to the hotel has been modified such that there will be no light trespass over the property line. See Sheet C-500 in Appendix C of this FEIS. 3. The dumpster pad for the proposed hotel has been relocated from the northeast portion of the site to the northwest corner. The proposed location includes a fenced enclosure and also provides for easier access for trash pick-up and also relocates the dumpster away from the residential properties to the east. See Sheet C-100 in Appendix C of this FEIS. 4. A wooden stockade fence,six-and-one-half(6.5) feet in height,has been added along the eastern and western property lines,and around the cottage exterior areas. The proposed fencing along the eastern side and cottage area includes an acoustic barrier with a minimum STC of 29 (such as NoiseOut 2 or LV-111), which will make full contact with the ground to provide a complete the acoustic seal. See Sheet C-100 and Sheet C-200 in Appendix C of this FEIS. 5. A parapet has been added to the proposed hotel for the rooftop HVAC unit. 6. The proposed pond has been modified to eliminate fish and will function as a decorative pond. 7. Sheet C-400 (Landscape Plan and Details)has been modified to include additional plantings along the east side and northeast corner of the subject property. 8. A spa,solely for the use of overnight hotel guests was added to the basement of the proposed hotel and the floor plans have been updated to illustrate same (see Appendix D). The proposed spa increases the square footage(SF) of the lower level from 9,891 SF to 15,068.92 SF(Total Lower Level Sq.Ft.=24,959.92 SF). As indicated in Section 1.2.2 of the DEIS(page 3),the proposed spa is for hotel guests only,and thus,the inclusion of the spa does not affect the projected water usage or STP design, as spa services are considered in the"per room"water usage and sanitary flow factor. 1 1 CtiftRi tANiVRN S"Ltfl lO":. 9. To address potential noise concerns from the proposed rooftop lounge area,while the roofline directly to the east and the parapet both act as an acoustic barrier,the proposed design has been modified to include a 30-inch glass barrier on top of the parapet. The barrier is expected to be quarter-inch monolithic glass or similar material. 10. A future enclosed event room,with a maximum attendance of 250 patrons,was added to the proposed site plan to address noise concerns associated with outdoor events. The enclosed event room will be a one-story addition on the south side of the hotel and consists of a flat roof pavilion-like structure. As indicated in Section 1.1 of this FEIS,the subject application was modified to eliminate outdoor events and this future enclosed event space was added to accommodate the applicant's intent to host events at the proposed hotel. 11. To accommodate indoor events the former prep kitchen in the proposed hotel has been modified to a full kitchen capable of food preparation for events as well as to service an internal cafe/bistro for hotel guests only. 12. As a result of the additional enclosed space and the interior conversion of the prep kitchen to a full kitchen, the proposed development plans have been updated (see Appendix C) to include the following: • The maximum footprint of the future potential event room(6,640 SF)is depicted thereon. • The bulk and dimensional components, including proposed lot coverage and percentage of landscaping, have been modified to include the future potential enclosed space and are summarized in Section 2.3.1 (Table 3) of this FEIS. As noted in Table 3,the future potential event space affects only the proposed lot coverage and the percentage of landscaping, however, each comply with the zoning regulations. • The projected sanitary flow was increased to account for a 250-person indoor event and the capacity of the STP has been increased accordingly. As indicated in the"Sanitary Calculations" on the Site Plan General Notes (Sheet C-001): ➢ 74 SEATS RESTAURANT X 10 GPD/SEAT=740 GPD ➢ 44 UNITS HOTEL X 150 GPD/UNIT=6,600 GPD ➢ 250 SEATS EVENT SPACE X 5 GPD/SEAT= 1,250 GPD TOTAL SANITARY FLOW=8,590 GPD TOTAL STP CAPACITY,INCLUDING KITCHEN FLOW=10,695 GPD 13. The overall site plan with future enclosed event space will be reviewed by the Planning Board during site plan approval,which will occur after completion of this SEQRA process and approval of the special exception use by the ZBA, as lead agency. It is noted that the potential noise generation from cumulative sources(including indoor events,traffic,pool,cottages,HVAC,rooftop terrace,and parking lot)will not exceed 5 dBA over background(No Build)sound levels.This will be achieved with building materials and windows with high acoustic performance for noise attenuation,which are designed as part of site plan review with the Planning Board. 2 (&RAftif"TGH fRGLGTiG"f. 14. The applicant has also agreed to provide traffic mitigation for special events exceeding 100 patrons, which will include hiring traffic control for safe turning movements to/from the site. 15. The occurrence of large events (defined as events with 100 to a maximum of 250 persons) has been limited by the ZBA,as Lead Agency,to no more than 10 large events per year and no more than one large event per week. Additionally,large events will require advanced notice to the Town. It is noted that the large events proposed at the subject site do not meet the definition of "Special Events" pursuant to Chapter 205 (Public Entertainment and Special Events) of the Town Code and would not be regulated as such. A consistency analysis with the standards and criteria for issuance of a special exception use permit follows. General Standards-Section 280-142: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed hotel is of small-scale,limited to 44 rooms(40 within the hotel building and four within detached cottages) and situated at the rear of the property. The outdoor areas,including swimming pool and lounging areas,are located to the west of the L-shaped building with the cottages to the north, effectively buffering on- site activities from neighboring residential properties to the east. Extensive landscaping is proposed for visual screening and adequate setbacks to the property lines ensure that the hotel use will not affect adjacent properties. The proposed use is also not projected to result in any significant adverse traffic or noise impacts, as evaluated in Sections 3.2 and 3.4 of the DEIS and in supplemental analyses performed as part of the FEIS. All special events,inclusive of weddings,fundraisers,etc.,will be held indoors in a future enclosed event space located to the south of the hotel. Large events (defined as events with 100 to a maximum of 250 persons)will be limited to 10 per year during the following times:Friday evenings from 6:00 PM to 10:00 PM,Saturday day or evening events ranging from 2:00 PM to 11:00 PM,or Sunday day events from 2:00 PM to 6:00 PM;with only one large event to occur per week and no events to be held concurrently. Regarding potential noise impacts,the building space(s)will be designed such that the cumulative noise impact of all sources (including indoor events,traffic,pool,cottages, HVAC,rooftop terrace,and parking lot) will not exceed 5 dBA over No Build background sound levels. Accordingly,no significant adverse noise impacts from operations and activities on-site will result (see Acoustic Report, Revised March 31, 2021 and included in Appendix F of the FEIS). Further,mitigation in the form of traffic control will be undertaken by the applicant for events exceeding 100 patrons, which is the threshold established by the Town of Southold ZBA traffic consultants during the FEIS process. Finally,the proposed event times are within the non-sensitive period set forth in§180-6 of the Town of Southold Noise Ordinance. Overall,based on the above,the proposed action is not expected to prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. 3 3:y cUr.,4RIVS"Rik—I.." The subject property is located in the Hamlet Business (HB) zoning district,which includes much of the Main Road corridor in Southold. Of importance to note is the purpose of the HB zoning district,which is to"provide for business development in the hamlet central business areas,including retail,office and service uses,public and semipublic uses,as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area." (Article X. Hamlet Business [HB] District,§ 280-44). To the east of the subject site is a residential used property on Main Road and located in the HB zoning district,with additional residences to the north of said residential property and bordering the subject property that are situated in the R-80 - Residential Low-Density(2-Acre) (R-80) zoning district. This R-80 zoning district extends to properties north of the LIRR railroad tracks, which run along the northern property boundary. As stated above in the"Criteria A" analysis,the proposed hotel is situated at the rear of the property and the L-shaped building effectively acts as a buffer for its outdoor spaces, particularly to block activities from neighboring properties to the east. All special events, inclusive of weddings, fundraisers, etc. will be held indoors in a future enclosed event space located to the south of the hotel,and designed such that the cumulative noise impact of all sources (including indoor events,traffic,pool,cottages,HVAC,rooftop terrace,and parking lot)will not exceed 5 dBA over No Build background sound levels. The proposed landscaping provides visual screening and adequate setbacks to the property lines ensure that the hotel use do not affect adjacent property owners. Also, the pFeposed use is not projected to-Fesult in any tra€f' . For special events, mitigation will be undertaken to prevent any nuisances associated with noise or traffic, including hosting events indoors, limiting large events to 10 per year and no more than one large event per week, and hiring traffic control for events exceeding 100 patrons. Accordingly, based on the above,the proposed action does not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use will be located or with respect to permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The proposed hotel will be constructed in accordance with all applicable building and fire codes and in consultation with Town officials and staff to ensure there are no safety concerns. Site access has been evaluated in the Traffic Impact Study(TIS)and the proposed access plan has been designed to adequately provide for the projected traffic entering and exiting the access driveway to assure the public's safety and to minimize traffic congestion. Water for fire protection will be supplied from the same water distribution system that provides potable water. The proposed hotel would also be provided with an automatic fire sprinkler system. Overall, the proposed hotel would not adversely affect the safety,the health,the welfare,the comfort,the convenience, or the order of the Town. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The proposed hotel will be situated within the Southold Hamlet Center and in compliance with the bulk and dimensional requirements of the HB zoning district,as well as the applicable Resort Residential (RR) District use restrictions. The proposed use is also consistent with many of the goals of the 2005 Town of Southold Hamlet Study. Upon implementation of the proposed action,it is expected that most hotel guests will frequent the Hamlet Center businesses, taking advantage of the hamlet's walkability and business offerings. It is expected that the proposed hotel will serve as a catalyst for existing businesses to extend evening operating hours and potentially encourage the development of new business in this part of Southold. These were noted goals for Southold Hamlet Center in the 2005 Town of Southold Hamlet Study. 4 OPA- IGC 1-1.11-501.1-1, It is further noted that on September 8, 2020, the Town adopted an updated Comprehensive Plan and the economic development goals are relevant to the comments on the suitability of this proposed use. The first economic development goal includes"Encourage New and Facilitate the Growth of Existing Business Sectors that Pursue Stable and Sustainable Employment. This includes agriculture, aquaculture, health care, renewable energy, tourism, light industrial, retail/service-based, and the maritime-related industry." Of relevance within such goal is the following objective:Develop a formal Business Retention and Expansion Program through Town government. Discussion of this objective indicates,as excerpted from page 2 of Chapter 7: "The ability of the Town to retain businesses is often easier than attracting new businesses to town. Townwide efforts in business attraction and retention should employ a similar focus, and a Business Retention and Expansion Program would set out to accomplish this. A Business Retention and Expansion Program would seek to identify and understand the issues and obstacles faced by a variety of local businesses in the Town, through a series of detailed surveys, interviews, meetings, and organization of representativesfrom key business owners throughout the Town. The program will assistin understanding the immediate concerns of local business owners seeking to improve Town-wide efforts to retain and encourage growth." Another objective under this goal is to"Strengthen job-training and workforce development." Discussion of this objective indicates,as excerpted from page 3 of Chapter 7: "Strengthening job-training and the development of the local workforce is necessary to ensure that residents are trained in the fields that align with the Town's established and emerging business sectors, including agriculture, aquaculture, health care, renewable energy, tourism, and light industrial, retail/service-based, and the maritime-related industry. The difficulty in finding skilled workers makes Southold Town a less desirable place to startor relocate a business.Moreover,the aging workforce within Southold Town raises concerns as to what will happen when veteran workers retire. This potential scenario,combined with the need to reverse the area's"brain drain,"could be addressed with an improved job-training and workforce development program that would assist with the provision of stable and sustainable employment opportunities for the diverse base of current and future residents of the Town." Accordingly, the proposed action is consistent with the aforementioned economic development goals and objectives to(1)increase commercial square footage in the hamlet of Southold,and(2)attract new businesses that can generate taxes. Also, the proposed action, as a tourism-related business, is also recognized in the aforementioned excerpts as an emerging business sector and one in which the Town recognizes the need for improved job-training and workforce development. As indicated in the DEIS, the proposed development is projected to generate approximately$123,482 in total tax revenue and total job creation is projected at 53 jobs. These projected jobs include food preparation and service, housekeeping, maintenance, and managerial positions,among others. It is further noted that a second goal for Economic Development is to "Promote Economic Development that Ensures an Adequate Tax Base Without Compromising the Unique Character of the Town."As indicated above, the proposed building height,building placement and landscaping plan results in a site design that effectively screens the proposed hotel from Main Road. Further,the proposed renovation and preservation of the existing historic residence maintains the character of the site from Main Road. 5 e 0411 HI 4"!Y!"4gi.tlilf)Nia The Economic Development goals also include specific recommendations for the HALO zones in which the property is situated. Specifically, Goal 3 is "Preserve and Improve the Vitality of Each of the Town's Hamlet Centers and HALO Zones as Walkable Local Business Districts." One of the corresponding objectives is to "Concentrate new residential and commercial development in the Town's hamlet centers and HALO zones and encourage infill development, historic preservation, renovation, and adaptive reuse, where possible" and includes the recommendation to"Provide incentives for new development and/or business relocation for the reuse and adaptive reuse of existing structures within the Town's hamlet centers and HALO zones."As noted above,the proposed action is consistent with this goal and recommendations to achieve the objective. Based on the above, the proposed project uses, projected tax revenues and job creation, combined with the small- scale design that will not be visible from the road,is consistent with the economic development goals set forth in the updated Comprehensive Plan. Overall,the proposed use will be in harmony with and promote the general purposes and intent of the chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility,scale and overall appearance. The proposed hotel building reflects the existing scale of existing buildings at the subject property and surrounding community(i.e.,low density,one-and two-story structures). The hotel will be located towards to rear of the property where public views of the hotel use (including those views from the National Register- eligible Glover-Hutter House) are and obscured by proposed landscaping(see photo-simulations provided as Figures 18 and 19 in Appendix A of the DEIS,and updated renderings in Appendix D of the FEIS. The proposed plan also includes the planting of substantial and mature trees along the eastern and western property lines such that the views into the site are also limited (see photo-simulations provided as Figures 20 through 23 in Appendix A of the DEIS,and updated renderings in Appendix D of the FEIS. The proposed project will change the land use character of the subject property from that of a single residence to a mixed-commercial use, however, the re-use and conversion of the existing residence to a restaurant maintains the appearance and character of an important historic structure along Main Road. As evaluated herein, the proposed project is consistent with various local and state comprehensive planning documents relevant to the hamlet and Town of Southold and the larger region regarding preservation of the existing historic character of the area. Overall,the proposed hotel will be compatible with its surroundings and with the character of the neighborhood and of the community,in general,particularly with regard to visibility,scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The proposed hotel will be constructed in accordance with all applicable building codes and in consultation with Town officials and staff to ensure there are no safety concerns. During preparation of the DEIS, consultations were undertaken with both the Southold Fire District and the Town of Southold Police Department. Further, Section 3.6 of the DEIS evaluated the proposed development and determined that it is not expected that the proposed action will adversely impact the local police department or fire district. As part of this FEIS, follow up correspondence has been sent to the Southold Fire Department and Southold Police Department. Copies of this correspondence are included in Appendix H of this FEIS. It is noted that the Southold Police Department commented on the proposed project and the applicant responded to the comments 6 ORAA3C, and this correspondence is also included in Appendix H of this FEIS. It is further noted that the comments of the Police Department that relate to extra traffic and noise complaints from neighbors due to outdoor events were addressed through the project scope and site plan revision. Specifically,by eliminating outdoor events and committing to a cumulative post-development noise level not to exceed 5 dBA over No Build sound levels, there are no adverse noise impacts during events. Furthermore,in coordination with the Town,traffic control will be utilized for events greater than 100 patrons. G. That the proposal complies with the requirements of Chapter 236,Stormwater Management,or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236,Stormwater Management An analysis of Chapter 236 is provided in Section 2.2.2 of the DEIS. Based upon the analysis, the proposed development plans are consistent with the goals and standards set forth in Chapter 236 of the Town Code. Matters to be Considered—Section 280-143: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. As noted above, the proposed hotel building reflects the existing scale of existing buildings at the subject property and surrounding community (i.e., low density, one- and two-story structures). Public views of the hotel use will be limited and obscured by proposed landscaping(see Figures 18 through 23 in Appendix A,and updated renderings in Appendix D of the FEIS). The proposed project changes the land use character of the subject property from that of a single residence to a mixed-commercial use. However,as evaluated herein,the proposed project is consistent with various local and State comprehensive planning documents relevant to the Hamlet and Town of Southold regarding preservation of existing historic character of the area. B. The conservation of property values and the encouragement of the most appropriate uses of land. Based on an assessment provided by the Board of Assessors,there will be an increase in tax revenue to various taxing jurisdictions, including (but not limited to) Suffolk County, the Town of Southold, and the local fire protection and school districts. Pursuant to information provided by the Town of Southold Board of Assessors, under the proposed development (including the restaurant), the subject property is anticipated to generate approximately $123,482 in tax revenue to the applicable taxing jurisdictions, as described above, based on 2018-19 Town of Southold tax rates (see Appendix G of the DEIS). Regarding the appropriateness of the use, the existing residence was formerly used as a bed and breakfast. This structure will be converted to a restaurant, maintaining its existing character while providing for a use that is consistent with similar uses in the Hamlet Center. The proposed hotel to be situated toward the rear of the property includes 44 rooms, which are intended to meet existing demand. Upon implementation of the proposed action,it is expected that most visitors will frequent the Hamlet Center businesses,taking advantage of the Hamlet's walkability and business offerings. It is expected that the proposed hotel will serve as a catalyst for existing businesses to extend evening operating hours and,potentially,encourage the development of new businesses. These were noted goals for Southold Hamlet Center in the 2005 Town of Southold Hamlet Study. As indicated earlier, the proposed action is consistent with the economic development goals set forth in the updated Comprehensive Plan. 7 '�� (lit NI SYNIYR N^rAFi.4 CtON.. C.The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets,highways or sidewalks to assure the public safety. The subject property currently includes full access to Main Road via one driveway. The proposed access plan improves this condition by splitting access for entering and exiting vehicles. An entrance only driveway will be placed on the easterly side of the frontage on Main Road and an exit only driveway will be located on the western side of the frontage on Main Road, opposite the existing 7-11 driveway located on the south side of Main Road. The proposed access plan was designed to provide safe and efficient access for both patrons and employees of the proposed project. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage,refuse or other effluent(whether liquid,solid,gaseous or otherwise)that may be caused or created by or as a result of the use. Consultations were undertaken with the SCWA and service availability has been confirmed. The proposed action includes construction of an on-site sewage treatment plant to accommodate the demand from the restaurant and hotel uses. As evaluated in the Section 2.2 of the DEIS,there are no significant adverse impacts expected to occur from the STP. Of importance is that the nitrogen load from wastewater from the proposed development is less than that of an"as-of-right"development,due to the presence of the proposed STP,which is not be required in the as-of-right development. As evaluated in the BURBS model, the as-of-right has the highest total N leached,333.741bs./year,and then the proposed project(without future event space)at 311.80 lbs./year and the proposed project with future event space at 307.48 lbs./year.This reduction improves the overall groundwater and surface water quality over an as-of-right development. All solid waste from the proposed development will be collected and disposed of by a licensed private carter. Recycling on the property will be implemented with separate trash receptacles,however, recycling methods (single-stream or dual-stream)will be determined by the carter contracted to collect and dispose of the on-site trash. As part of the proposed project,best management practices for reduction in solid waste generation and product selection would be incorporated into the business plans. All trash enclosures (i.e., central dumpster areas for the restaurant and hotel)will be screened with vegetation and pick-ups will be scheduled to eliminate wastes being held for a long duration. The pickup schedule will be developed with the collector and will be undertaken to prevent the potential for odors to develop near the trash enclosures. E. Whether the use or the materials incidental thereto or produced thereby maygfve off obnoxiousgases, odors,smoke or soot The potential for odors to be generated from the on-site wastewater treatment and disposal are addressed in the design of the overall system. As indicated in Section 3.2.2 of the DEIS,the proposed STP will be equipped with a dual canister carbon-based odor control system connected to the treatment tanks,pump station,splitter box and influent screen. As such,odors are controlled with no adverse impacts to the neighboring properties. The potential does exist for odors from trash receptacles. To prevent odors,trash pick-ups will be scheduled to eliminate wastes being held for a long duration. This schedule will be developed with the collector and will be undertaken to prevent the potential for odors to develop near the trash enclosures. Based on the above,the proposed action is not expected to generate any odors that may adversely impact the surrounding area. 8 cuaxnurosw�a�.u�o"s. F. Whether the use will cause disturbing emissions of electrical discharges,dust,light,vibration or noise. The proposed hotel will not cause disturbing emissions of electrical discharges. Dust would be expected during construction,which will be a temporary impact and controlled through a dust control plan (see Sections 2.1.2 and 3.6.2 of the DEIS for more information). The proposed site lighting consists of light poles and building fixtures. Each lamp pole will have an LED shielded fixture such that all light is directed downwards with no upward glare. A photometric analysis of each proposed pole was performed and is illustrated on the Site Lighting and Details Plan. As indicated in the photometric analysis, there will be no off-site lighting impacts from any of the proposed light poles.The proposed pole-mounted light located in the parking island near the main entrance to the hotel has been modified such that there is no light trespass over the property line (See Sheet C-500 in Appendix C of this FEIS). Regarding building fixtures, fixed lighting will be installed on the proposed hotel building and restaurant. To mitigate light trespass and glare,all lighting is shielded and directed downwards at an intensity compliant with Chapter 172 of the Town Code(Outdoor Lighting). A noise analysis was performed and based on extensive acoustic readings and related analysis there is no impact expected for the nearby commercial and residential receivers during typical operation of the proposed hotel (and restaurant). Also, potential future noise generation from cumulative sources (including indoor events)will not exceed 5 dBA over background(No Build)sound levels.This is achieved with building materials and windows with high acoustic performance for noise attenuation,which will be designed as part of site plan review with the Planning Board. To address potential noise concerns from the proposed rooftop lounge area, while the roofline directly to the east and the parapet both act as an acoustic barrier,the proposed design has been modified to include a 30-inch glass barrier on top of the parapet. The barrier is expected to be quarter- inch monolithic glass or similar material. G.Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. In order to maximize the sight distance available to vehicles exiting the subject site, it is recommended the parking be restricted on the north side of Main Road (Route 25) along the entire frontage of the site. In anticipation of special events, overflow parking was incorporated into the site plan and such overflow areas accommodate the anticipated demand. Further,there is no impact to recreational facilities. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. Pursuant to§280-78 of the Town Zoning Code the required parking is one space for each guest room and one space for each employee or one space per guest room, whichever is greater. Based upon the foregoing, the proposed 44-unit hotel with 12 employees requires 56 spaces. The proposed design includes a dedicated 96- space parking area,including four(4)ADA spaces. An additional 26 grass spaces are also provided as overflow parking. L Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot~ 9 "0 <Lif lIT AHfVRfi ht}i.tlS igYdE. l / The proposed hotel is of small-scale (44 rooms) and complies with all applicable and relevant New York State Building and Fire codes. The proposed site plan includes adequate on-site parking areas for the hotel (and separate restaurant on Main Road), and the internal driveways comply with the Town Code. The proposed grading and landscape plans results in a site that will continue to remain relatively flat, with planted and naturally vegetated areas. The proposed stormwater management system also complies with the Town Code which requires the site to accommodate a two-inch rainfall event. The proposed action will not, therefore, create a hazard to life,limb,or property because fire,flood,erosion,or panic. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The proposed hotel is not expected to introduce an overcrowding of land or undue concentration of people. The proposed hotel will operate year-round,with hours of operation consistent with such uses. The project sponsor anticipates hosting events, such as weddings, fundraising events or other small private gatherings, inside the proposed hotel or within a future potential event room. During preparation of the FEIS, the occurrence of large events has been limited by the lead agency to no more than 10 large events per year and no more than one large event per week. Additionally,large events will require advanced notice to the Town and arrangement for traffic control personnel. Overflow parking has been incorporated into the site plan to accommodate demand during such events. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. As indicated previously,the proposed plan,inclusive of the restaurant and future potential event space,exceeds the minimum landscape area requirement (i.e., minimum: 25 percent, proposed: 56.3 percent) and is significantly under the maximum lot coverage permitted for the HB Zoning District(i.e.,maximum:40 percent, proposed: 18.6 percent). The proposed development also provides for significantly greater setbacks such that there is adequate buffering from the adjacent properties. The proposed setbacks for the hotel include: • Front yard-Minimum: 15 feet;Provided: 223'-1" • Side yard-Minimum: 10 feet;Provided:32 feet(east) /48'-8" (west) • Both side yards-Minimum: 25 feet;Provided: 80'-8"feet • Rear yard-Minimum: 25 feet;Provided: 153'-10"feet(Cottage 4) /218'-11"(Hotel Building) The subject property is located within the Southold Hamlet Center, a corridor that contains commercial and retail uses. The proposed hotel development is in-scale with existing development of the Hamlet and will be visually obscured by existing development and vegetation (existing to remain and proposed supplemental landscaping), such that it will not visually contrast with the existing built environment. The project sponsor envisions locally crafted sculptures on the lawn area, combined with a proposed reflection pond. Interior artwork on display is intended to highlight the history of Southold and the east end of Long Island.The project sponsor will also consider making local historic information readily available to its guests. The proposed action also includes the installation of a sewage treatment plant to accommodate sewage flow demands. As compared to an as-of-right development utilizing conventional sanitary systems (see Sections 2.2.2 and 5.2 of the DEIS),the as-of-right uses have the highest total N leached,333.74 lbs./year,and then the 10 A CGit"ING1if>itS. i proposed project(without future event space) at 311.80 lbs./year and the proposed project with future event space at 307.48 lbs./year. L. Whether the use to be operated is unreasonably near to a church,school, theater,recreational area or other place of public assembly. The proposed use will not affect public assembly uses,such as a church,school,theater,or recreational area. M. Whether the site of the proposed use is particularly suitable for such use. The existing residence on Main Road was formerly a bed and breakfast and is now used for residential purposes,pending the overall redevelopment of the site. The new hotel intends to meet an existing demand, as explained in the DEIS and in the Market Study in Appendix G of the DEIS. Upon implementation of the proposed action,it is expected that most visitors will frequent the Hamlet Center businesses,taking advantage of the Hamlet's walkability and diverse business offerings. It is expected that the proposed hotel would serve as a catalyst for existing businesses to extend evening operating hours and potentially encourage the development of new businesses. These were noted goals for Southold Hamlet Center in the 2005 Town of Southold Hamlet Study. Also, as indicated earlier, the proposed action is consistent with the economic development goals set forth in Southold's updated Comprehensive Plan. Furthermore,the proposed use is not projected to result in any significant adverse traffic or noise impacts,as evaluated in Sections 3.2 and 3.4 of the DEIS and in supplemental analyses performed as part of the FEIS. All special events, inclusive of weddings, fundraisers, etc., will be held indoors in a future enclosed space room located to the south of the hotel. Also, regarding potential noise impacts,the building space(s) are designed such that the cumulative noise impact of all sources (including indoor events, traffic, pool, cottages, HVAC, rooftop terrace,and parking lot)will not exceed 5 dBA over"No Build"background sound levels. Accordingly, no significant adverse noise impacts from operations and activities on-site will result (see Acoustic Report, Revised March 31, 2021 and included in Appendix F of the FEIS). Further, mitigation in the form of traffic control will be undertaken by the applicant for events exceeding 100 patrons, which is the threshold established by the Town of Southold ZBA traffic consultants to the during the FEIS process. Finally,large events will be limited to 10 per year and no more than one per week. The proposed hotel development would also be in-scale with existing development within the Hamlet, however,based on renderings prepared by the project architect (see Appendix D of the FEIS), the hotel will largely be shielded from view by the proposed restaurant and the proposed landscaping. Views from the east will also be screened with mature vegetation planted during construction and the proposed setbacks included in the design. As such,the proposed project will not significantly alter the viewshed. Finally,the appropriateness of the use is well documented in the recent Town of Southold Comprehensive Plan: Southold 2020, dated February 2020 and adopted in September 2020. The first economic development goal includes "Encourage New and Facilitate the Growth of Existing Business Sectors that Pursue Stable and Sustainable Employment. This includes agriculture, aquaculture, health care, renewable energy, tourism, light industrial, retail/service-based, and the maritime-related industry." Of relevance within such goal is the following objective: Develop a formal Business Retention and Expansion Program through Town government. Discussion of this objective indicates,as excerpted from page 2 of Chapter 7: 11 PVVM cup"r o"Eve."saw i Toru. "The ability of the Town to retain businesses is often easier than attracting new businesses to town. Townwide efforts in business attraction and retention should employ a similar focus, and a Business Retention and Expansion Program would set out to accomplish this. A Business Retention and Expansion Program would seek to identify and understand the issues and obstacles faced by a variety of local businesses in the Town, through a series of detailed surveys, interviews, meetings, and organization of representatives from key business owners throughout the Town. The program will assist in understanding the immediate concerns of local business owners seeking to improve Town-wide efforts to retain and encourage growth." Another objective under this goal is to"Strengthen job-training and workforce development." Discussion of this objective indicates,as excerpted from page 3 of Chapter 7: "Strengthening job-training and the development of the local workforce is necessary to ensure that residents are trained in the fields that align with the Town's established and emerging business sectors, including agriculture, aquaculture, health care, renewable energy, tourism, and light industrial, retail/service-based, and the maritime-related industry. The difficulty in finding skilled workers makes Southold Town a less desirable place to start or relocate a business.Moreover,the aging workforce within Southold Town raises concerns as to what will happen when veteran workers retire. This potential scenario,combined with the need to reverse the area's"brain drain,"could be addressed with an improved job-training and workforce development program that would assist with the provision of stable and sustainable employment opportunities for the diverse base of current and future residents of the Town." Accordingly, the proposed action is consistent with the aforementioned economic development goals and objectives to(1)increase commercial square footage in the Hamlet of Southold,and(2)attract new businesses that can generate taxes. Also, the proposed action, as a tourism-related business, is also recognized in the aforementioned excerpts as an emerging business sector and one in which the Town recognizes the need for improved job-training and workforce development. As indicated in the DEIS, the proposed development is projected to generate approximately $123,482 in tax revenue and total job creation is projected at 53 jobs. These projected jobs include food preparation and service, housekeeping, maintenance, and managerial positions,among others. It is further noted that a second goal for Economic Development is to "Promote Economic Development that Ensures an Adequate Tax Base Without Compromising the Unique Character of the Town." The proposed building height,building placement and landscaping plan results in a site design that effectively screens the proposed hotel from Main Road. Further, the proposed renovation and preservation of the existing historic residence maintains the character of the site from Main Road. The Economic Development goals also include specific recommendations for the HALO zones in which the property is situated. Specifically, Goal 3 is "Preserve and Improve the Vitality of Each of the Town's Hamlet Centers and HALO Zones as Walkable Local Business Districts." One of the corresponding objectives is to "Concentrate new residential and commercial development in the Town's hamlet centers and HALO zones,and encourage infill development, historic preservation, renovation, and adaptive reuse, where possible" and includes the recommendation to"[p]rovide incentives for new development and/or business relocation for the reuse and adaptive reuse of existing structures within the Town's hamlet centers and HALO zones."As noted above,the proposed action is consistent with this goal and recommendations to achieve the objective. Accordingly,based on the above,the subject property is suitable for the proposed use. 12 PVVW ` cui"i o"me.rs aa�ui 3 N. Whether adequate bufferyards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. As indicated above,the proposed development provides for significantly greater setbacks than required in the HB Zoning District,including the following: • Front yard-Minimum: 15 feet; Provided: 17.16 feet • Side yard-Minimum: 10 feet; Provided: 32 feet • Both side yards-Minimum: 25 feet;Provided: 80.66 feet • Rear yard-Minimum: 25 feet;Provided: 153.83 feet Accordingly,there is adequate buffering from the adjacent properties. Also,the proposed landscaping plan for the subject property creates a visually pleasing setting within the site interior,while views from the roadway and surrounding properties will be largely obscured. The proposed plan includes retaining select trees,grass seeding and the planting of native species and ornamental species that are suitably adapted to the site conditions to limit or preclude the need for fertilizers and pesticides. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage,refuse and other liquid,solid orgaseous waste which the proposed use will generate. The proposed application has considered stormwater runoff,sewage,and refuse,as evaluated in the DEIS. All stormwater will be contained on-site and a stormwater management plan has been prepared by the applicant. Refuse generated on-site will be handled by private carters contracted by the ownership of the hotel (and restaurant). All sewage will be discharged to an on-site STP located in the rear of the property with no adverse impacts pursuant to the evaluations contained herein. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features,systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Extensive analyses of the potential impacts to groundwater,surface water,as well as ecological resources were undertaken in the DEIS. No significant adverse impacts to any of said resources are expected upon implementation of the proposed action. Article XX. Landscaping,Screening and Buffer Regulations Article XX of the Town Zoning Code sets forth standards for landscaping, screening, and buffers. Pursuant to §280-91,these standards are "...intended to enhance the appearance and natural beauty of the Town and to protect property values through preservation and planting of vegetation,screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies." Relevant to the proposed action,Article XX sets forth general requirements for plantings,as well as front landscaped areas,transition buffer areas and landscaped parking areas. 13 C)POIGC f,Ltf"i 4HIVl 6i 14t41?V"£. ➢ General Requirements,§280-92- Section 280-92(A)-(F) sets forth provisions that apply to any use in all zoning districts. Such provisions are included below and a description of the proposed plan as it relates to said provision follows. A. Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices,and they shall be maintained in a healthy growing condition... B. A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot... C. All landscaping, trees and planting material adjacent to parking areas, loading areas or driveways shall be properly protected from vehicular damage by barriers,curbs or other means. D. To the extent possible, existing trees, vegetation and unique site features, such as stone walls, shall be retained and protected.Existing healthy, mature trees,if properly located,shall be fully credited against the requirements of these regulations. E. Where lot size and shape or existing structures do not make it feasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters,plant boxes or pots containing trees,shrubs and/or flowers to comply with the intent of these regulations. F. In cases where the edge of the pavement within a public right-of-way does not coincide with the front lot line,the property owner shall landscape the area between the front lot line and the edge of the street pavement As included on the Proposed Landscape Plan, • All plants meet or exceed the minimum requirements as noted in the latest edition of the American Standard for Nursery Stock by the American Association of Nurserymen,ANSI Z60.1. • All plantings will be staked-out for the landscape architect's approval prior to the beginning work. • All trees will be located to a minimum of five-feet from underground utilities and a minimum of 20- feet to overhead utilities. • Trees will be placed on undisturbed earth and backfill and contain at least 50 percent of the soil taken out of the planting hole,to promote growth in the surrounding soil. All beds will be mulched with four inches of fine shredded bark mulch and kept away from the immediate base of trees and shrubs. All landscaping will be maintained in healthy and vigorous growing condition. In the event plants fail, they will be promptly replaced with plants of comparable size and type at the beginning of the next growing season to maintain plant densities and species mix. • Planting of deciduous trees and shrubs will occur between April 1 to June 1 and October 15 to December 15. Planting of evergreen trees and shrubs will occur between April 1 to June 1 and September 1 to November 15. If planting and/or seeding is impractical due to time of year,temporary 14 cui erne�e�eawnorsa -4-� i s mulch will be applied until favorable weather conditions permit germination and growth,but no more than six months after project completion. • All planting beds will be cultivated to a depth of eight inches and raked to remove sod clumps,weeds, stones and other foreign material exceeding two inches in diameter. Immediately after planting, deciduous trees trunks will be wrapped from base to first limb with four-inch wide bituminous impregnated, insect resistant tape or paper manufactured for that purpose. The trunk wrap will be removed one year after planting. • Upon completion of landscaping work, all excess soil, debris, etc., will be removed from the site and the site shall be irrigated. Sprinkler heads and plumbing fixtures shall not encroach upon any right-of-way in the Town of Southold. ➢ Front Landscaped Area,§280-93: Pursuant to §280-93(B), "[a] front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs.As a minimum,in all nonresidential districts and in the Hamlet Density Residential and R-40 Low- Density Residential Districts, one shade tree having a caliper of two inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage.The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view." Relevant to the proposed action,a landscaped area of five feet wide abutting the front of the building is required in the Hamlet Business District. As indicated on the Proposed Landscape Plan in Appendix C of the DEIS, the proposed action includes landscaping along the Main Road frontage. Such plantings include Parsons Juniper,Red Maple,Leyland cypress, and Red Flowering Dogwoods. Also, the proposed plan includes an eight-foot hedge row (Northern Privet) along the interior east-west roadway serving as a separation between the proposed restaurant and hotel area. An open grass area and pond are proposed to the north of the hedgerow. Existing trees,such as Norway maple (Acer platanoides), sycamore maple (Acer pseudoplatanus), box elder (Acer negundo), black cherry (Prunus serotina),black walnut Uuglans nigra), and white mulberry(Morns alba),located in the southwestern corner of the subject property will be incorporated into the site landscaping within the proposed lawn/sculpture garden to the south of the proposed hotel,within the 10-foot side yard setback,and adjacent to the proposed driveway and parking. ➢ Transition Buffer Area,§280-94: Pursuant to §280-94, "[t]he purpose of the transition buffer area is to provide privacy from noise,headlight glare and visual intrusion to residential dwellings. A buffer area shall be required along all boundaries of a nonresidential lot abutting any lot in a residential district." Relevant to the proposed action, §280-94 (B)(1) sets forth a minimum buffer area of 15 feet for the Hamlet Business District. As indicated on the Landscape Plan in Appendix C of this DEIS, the proposed action includes landscaped buffers along the eastern property line which abuts residential properties. Specifically, Leyland Cypress would be planted to provide natural privacy screening. Existing trees, such as Norway maple (Acer platanoides), sycamore maple (Acer pseudoplatanus), box elder (Acer negundo), black cherry (Prunus serotina),black walnut Uuglans nigra), and white mulberry(Morus alba),located in the southwestern corner of the property will be incorporated into the site landscaping, including within the 10-foot side yard setback and adjacent to the proposed driveway and parking. 15 CLiI"1 4RIV!GPIQNf. l 7 Section 280-94 C. requires that the buffer area be "...of evergreen planting of such type, height, spacing and arrangement as,in the judgment of the Planning Board,will effectively screen the activity on the lot from the neighboring residential area.As a minimum,the planting shall consist of a double row of trees six feet in height planted at intervals of 10 feet on center. Nonevergreen planting may be included to supplement evergreen planting,but not to take its place." The proposed Leyland Cypress evergreen screening along the eastern side of the property will primarily utilize a double row of 14-to-16-foot tall mature Leyland Cypress,spaced eight- feet on center to screen the proposed development from the neighboring residential area.The double row of screening will be utilized for the majority of the eastern property line with the exception of the area along the driveway entrance,near the restaurant. In this area,the evergreen screening would be a single row of 14-to- 16-foot tall Leyland Cypress planted eight feet on center. The use of the mature Leyland Cypress on this side in both the single and double row configuration aims to provide immediate screening of the proposed action. It is noted that the Leyland Cypress which are directly east of the hotel rooms will be planted at 18-20 ft tall, which, when standing at the floor level, will effectively screen the view to the neighbor (see drawing in Appendix D of this FEIS). The use of the mature Leyland Cypress and the reduced spacing provides a dense and immediate buffer, complying with the intent of the Code to provide privacy from noise, glare and visual intrusion.The impact of the proposed evergreen screening is illustrated in the renderings of the proposal (see Figures 20 through 23 in Appendix A of the DEIS). Wooden stockade fencing at 6.5-feet in height has been added to the eastern and western property lines.For fencing along the eastern property line an acoustic barrier with a minimum STC of 29 (such as NoiseOut 2 or LV-111),which makes full contact with the ground in order to complete the acoustic seal, was added. In addition, the proposed landscaping will be completed on the development side of the fence in order to reduce additional acoustic reflections. Section 280-94 D.allows for the use of a"landscaped earthen berm,wall or fence of a location,height,design and materials approved by the Planning Board...for any portion of the required planting and/or buffer area." The proposed action includes new plantings and retaining existing trees for vegetative screening. Where possible, the evergreen screening on the west side of the lot utilizes a double row of eight-to-10-foot tall Leyland Cypress.Where a double row is not feasible,such as areas near the parking lot,a single row of plantings will be utilized.Again,the spacing will be reduced to eight-foot on center and the use of more mature trees to allow for more immediate screening of the proposed development,thereby providing privacy and protection from noise, glare, and visual intrusion. The proposed evergreen screens, along with preserving some of the existing trees,allows the proposed action to comply with Section 280-94D.of the Town Code. ➢ Landscaped Parking Area,§280-95: In addition to the above front landscaped area and transition buffer area requirements,Article XX of the Town Zoning Code sets forth standards for landscaping in parking areas. Pursuant to§280-95(A),"[a]ll uses required to provide 20 or more off-street parking spaces shall have at least 10 square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree with a two-inch caliper for every 10 parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of 100 square feet, shall have a minimum dimension of at least eight feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-inch caliper." The proposed Landscape Plan includes the planting of trees, shrubs and ground cover within the internal parking areas, in accordance with said requirement. Section 280-95(B)requires that"[a]landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed 24 feet in width and shall not exceed two in number for each 16 w,'°" C1.fE MT ORiVSN S9t1fTtUP. purpose. The landscaped area shall have a minimum dimension of four feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-inch caliper for every 40 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk,the required landscaped area shall be extended to the edge of the sidewalk." As indicated on the proposed Landscape Plan the planting areas comply with the aforementioned requirement. Finally,§280-95(C)requires that tree types used in parking lots"...shall include honey locust,pine,oak or other similar fast-growing,hardy varieties or existing trees where appropriately located." The proposed Landscape Plan includes the planting of Red Flowering Dogwood and Red Maples, interspersed with existing trees to remain(including Norway maple,sycamore maple,and black cherry). Conclusion During preparation of the FEIS the applicant modified the project scope to eliminate outdoor events and committed to a proposed design that limits potential future noise generation from cumulative sources (including indoor events, traffic,pool, cottages, HVAC, rooftop terrace,and parking lot) to 5 dBA or less over background(No Build)sound levels. Traffic control measures for large events,on prior notice to the Town,as heretofore mentioned,will also be provided by the project developer. Furthermore,the proposed Landscaping Plan includes the planting of mature Leyland Cypress in both the single and double row configuration,as well as 6.5-foot high, wooden stockade fencing that provides immediate screening of the proposed development. Based on the above analysis, the proposed hotel use is a carefully considered and appropriate use for the subject property without significant adverse impact expected to the adjacent or surrounding properties. n 17 yk flit"T gRiWRN 9tlL1.F I JONRr LIM NELSON POPE VOORHIS environmental•land use•planning MEMORANDUM To: Town of Southold Zoning Board of Appeals From: Carrie O'Farrell,Senior Partner on behalf of the Southold Zoning Board of Appeals Cc: Bill Duffy,Town Attorney and Heather Lanza,Town of Southold Planning Date: 7/22/2021 NPV No: 09015 Re: The Enclaves Hotel and Restaurant Special Exception Use Permit Final Environmental Impact Statement Nelson Pope Voorhis (NPV) has reviewed the revised FEIS dated July 2021 prepared by 56655 Main Road, c/o Jonathan Tibett and consultants P.W.Grosser Consulting to assess consistency with NPV and ZBA's June 24,2021 FEIS review memo. Based on our review,NPV made several updates to the Final EIS text to address outdoor amplified music and other minor corrections. With these corrections now made,it is NPV's opinion that the revised FEIS(enclosed with tracked changes) adequately addresses the requirements of the June 24, 2021 memo. If the Board is in agreement, formal acceptance of the FEIS is recommended. Once the FEIS is formally accepted by the ZBA,the ZBA must: • file a notice of FEIS completion with the NYSDEC's Environmental Notice Bulletin; • post the FEIS on the Town's website; • make a hard copy of the FEIS available to the public for consideration; • distribute copies of the FEIS to all involved agencies; • allow at least 10 days for public and agency consideration;and • proceed to the Findings Statement stage and prepare and adopt a final written Statement of Findings within 30 days of the filing of the FEIS. Please let us know if the applicant should be directed to make hard copy submission of the Final EIS. Please feel free to contact us if you should have any questions.Thank you. Long Island: 70 Maxess Road, Melville, NY 11747 ® 631.427.5665 • nelsonpopevoorhis.com Hudson Valley: 156 Route 59,Suite C6,Suffern,NY 10901 ° 845.368.1472 BROWN 538 BROADHOLLOw ROAD E SUITE 301 MELVILLE, NEW YORK 1 1747 A LT M A N & ❑I L E O , LLP TEL 51 6-222-0222 ! FAX 5 1 6-222-0322 KBDAPBROWNALTMAN.COM 1 WWW.BROWNALTMAN,COM June 10, 20Z] Vin Email&FedEx Overnight Bi11.Duffy,,Esq.,Town Attorney ��� Town of Southold_,Town Hall Annex Building a� Juju a rur j 543375,Route'25 ?.O.,Box 1179 By:_ Southold',New-York 1.1971 -"- Re:; Special Exception Use Permit application and State Environmental Quality Review Act("SEQR.A"),review(collectively;,-the-"Application")to the Town `of Southold Zoning Board, of-Appeat"s ("ZBA.")',by 56655 Main St.LLC ("56655 LLC") in-coimection with the hotel project (the "Development, 'Project") to be located �;a 56655"Main,Road, Southold, New York .11971;. SCTM No.: 1.000'-63-'3-15 (the"Property")' 'Our File No.: 1,00-513-001 .Dear Bill: Your guidance;.as Tbwn Attorney,is at this time.imperative. Yormore than six(6)°months 56655..LLC and its environmental,consultant have worked with the ZBA and its environmental consultant tot•cornplete .the Final Environmentat Impact Statement ("HEIS") regarding the Development Project �at the Property. 56655 LLC and its environmental consultant, have exhaustively addressed all comments or requests:for additional information°for the.FEIS. At this point,we need a.date from the ZBA-to accept the FEIS,for filing and to issue a Findings Statement. Respectfully, =that.the ZBA has not provided a date is, a source of frustration, which is only increased by a lack of communication. My office and I have reached out to you many times over the past six months, either by telephone or email,.and-most.of the time my calls/,emails do not receive the courtesy of a•resp,onse. By example, on May 26, 2021, I wrote to you regarding'the above and asked that you please get back to me with a date from the ZBA to adopt the FEIS and issue a Findings Statement. Following, on June 2,2021, 1 telephoned you with the same'inquiry and on June 7, 2021, I wrote to you with a follow-up request,-also with the same inquiry. Of even-date herewith 1 phoned your office and left a message with John Burke, Esq. and sent you an email asking that you please call. None of the aforementioned inquiries received a response. Further, on June 9, 2021, we received a call from ZBA Secretary Kim Fuentes stating a ZBA meeting scheduled that morning to discuss, among other things, this Application was canceled without date and that she will notify us,of a new date when instructed to do so. While we understand that this matter is the first time the Southold Z13A has acted Lead Agency in a DEIS/FEIS process, this does not justify a lack of communication or irregularities in �FoBROWN � ALTMAN Sc DiLE0 , LLP SEQRA review process. Discussions regarding the HIS are generally had with the applicant, on the record, by the Lead Agency and that has not happened here. All communications have been through the ZBA's consultant and in situations where questions arise leads to delay until the consultant can meet with ZBA at a regular meeting. It should be further noted that on February 4,2021, 56655 LLC was assured by the ZBA's environmental consultant that,modification of the project scope to exclude outdoor events and agreement to include noise,and traffic mitigation measures would ensure timely compfetion of the process. 56655 LLC agreed; filed a revised FEIS, the latest of'which was submitted on May, 26, 2021. It is time to..move this application forward by accepting the last revision to the FEIS for filing, issue a Findings Statement,and conduct a hearing regarding the pending Special Exception. Application for the Development Project. Your guidance-is greatly appreciated. Very truly yours, Brown Altman&D1Leo,;LLP; b- H d N. Altman cc.: Town of Southold'Board of Zoning Appeals (attn.: Leslie Kanes Weisman,_Chairperson; via email) 56655 Main Road, LLC (via email, only) PWGC (attn.: Kim Gennaro-Oancea, AICP CEP and Bryan Grogan, PE; via-email, only) 2 ® R W w. 53B BROADHOLLOW ROAD i SUITE 301 -- --- - MELVILLE, NEW YORK 1 1 747 A LT M A N D I L EO L L P TEL 51 6-222-0222 i FAX 516-222-0322 ..............................._._ ,.�,.. KBDA@BROWNALTMAN.COM , WWW.BROWNALTMAN.COM June 8, 2021 Via,Erndil& FedEx Overnikht Bill Duffy,Esq.,Town Attorney Town of Southold, Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,New York 119-7-1 Re: Special Exception Use Permit application and State:Environmental Quality Review Act('.SEQRA")review(collectively,the"Application")to.the Town of Southold Zoning Board of:Appeals° ("ZIIA") by 56655 Main St LLC ("56655 LLC") in coi-inection with the `hotel project (the "Development Project") to be located.`cr 56655 Main Road, Southold, New York 119'71; SCTM No.: 1000=63-3-15-(the`-`Property,") Our-File No.: 100-513-001 Dear Bill: On May 26, 202 f,our-office wrote to;you (copy-of correspondence enclosed), following our telephone-call of even-date,requesting,that°-you speak with,the ZI3A concerning completion-of the Final'Environmental Impact Statement("F._EISI review process. Also,of even-date-therewith, 56655 LLC's environmental'consultant submitted,a written=response to,comments received from the ZBA's consultant regarding the FEIS and there has been no further response. Thereafter, on Wednesday,,June`2,-2021, 1 telephoned your office and`ZBA Secretary Kim,Fuentes as a follow- up to our May 26, 2021 correspondence. We-have,,thus.far, not,heard from you and 56655 LLC wishes•to promptly completelbe'FEIS process-andhavethe same accepted for.filing by the ZBA. In,addition, 56655 LLC wants to move forward with scheduling,of a hearing,date,for 1be ZB,A to consider the pending Special Exception Applicatiorf to build and operate a hotel on the Property. Your courtesy and attention to,this matter is greatly appreciated and we look forward to promptly hearing from you. Very truly yours, Brown Altman & Dil,eo, LLP By: w David N. Altman 40 40 n BROWN 53B BROADHOLLOW ROAD , SUITE: 301 in MELVILLE, NEW YORK 1 1 747 ALTMAN & MLEo , LLP TEL 5 1 6-222-0222 FAX 516-222-03Z2 KBDA@BROWNALTMAN.00M a WWW,8ROWNALTMAN,CC3M May 26,2021 Via Email& FedEx Overnizh Bill Duffy, Esq., Town Attorney Town of Southold,Town Hall Annex Building 54375-Route 25 P.O. Box 1179 Southold,New York 11971 Re: Special Exception Use Permit application and State Environmental,Quality Review Act("SEQRA")review(collectively,the"Application")to the Town of Southold Zoning Board of Appeals ('7-BA") by 56655 Main St LLC ("56655 5 LLC") in connection with the hotel project (the "Development Project") to be located @ 56655 Main Road, Southold, New York 11971; SCTN4 No.: 1000-63-3-15 (the "Property") Our File No.: 100-513-001 Dear Bill: Following up with regard to ourtelephone conversation of even-date regarding,the ZBA's SEQRA review of 56655 LLC's Application to develop the Property •Nvith ,the Development Project, please speak with the ZBA as soon as possible with regard to completionof the Final Environmental 'Impact Statement ("FEIS"). As discussed, the ZBA Environmental Consultant's comments were addressed by 50655 LLC's Environmental Consilltant,and we ax-vait a date from the ZBA to accept the FEIS for filing. In addition, as we discussed during our telephone call, the ZEWs desire to impose covenants and restrictions through the FEIS is not appropriate and that consideration of same, if necessary, is properly addressed either through the Special Exception Hearing,(ZBA) or Site Plan Approval(Planning Board). 56655 LLC, therefore, respectfully requests that the ZBA promptly provide a date when it --rill adopt the FEIS and set a hearing date to consider the Special Exception Application. Thank you, in advance, for your courtesy and attention to this matter. 56655 LLC wishes to move this matter forward and bring this project to fruition as soon as possible. Very truly yours, Brown Altman & DiLeo, LLP Da By: N. A I Lman IA%A, BR'OWN A LTMAN & DILEO , LLP cc.: Town of Southold'Board of Zoning Appeals (attn.: Leslie Kanes Weisman, Chairperson-, via email) 56655 Main Road, LLC (via email,only) PWGC'(attn.: Kim Gennaro-Oancea, AICD CEP and Bryan Grogan, PE-. via email,only) 2 0 • Fe Wnhl B- R---0- ,,W­N-­--­ 538 EIROADHOLLow ROAD ; SUITE 301 4 MELVILLE, NEW YORK 1 1 747 14 ALTMAN & TEL 51 6,-222-0222 ! rAX 51 6-222-0322 MLEo, LLP KBDA@13 ROWNALTMAN.COM WWW.BROWNALTMAN.COM May 26,,2021 Via Email&,,FedEx Overni ht RECEIVED Bill Duffy, Esq,, Town Attorney Town of Southold, Town HallAnnex Building MAY 2 7 2071 54375 Route 25 P.O. Box 1179 Zoning Beard df A00@8 Southold,New York 11971 Re: Special Exception Use Permit application and-State Environmental Quality Review Act("SEQRA")review(collectively,the"Application")to the Town of Southold Zoning Board of Appeals ("ZBA") by 56655- Main St LLC ("56655 LLC") in connection with the hotel project (the "Development Project") to be located,@ 56655 Main Road,, Southold, New York, 11971; SCTM No.: 1000-63-3-15 (the"Property") Our File No.: 100-513-001 Dear Bill: Following tip with regard to our telephone conversation of even-date regarding the ZBA's SEQRA review of 56655 LLC's Application to develop the Property with the Development Project, please speak with the ZBA as soon as possible with regard to completion of the Final Environmental Impact Statement ("FEIS"). As discussed, the ZBA Environmental Consultant's comments were addressed by 56655 LLC*s Environmental Consultant and we await a date from the ZBA to accept the FEIS for-filing. In addition, as,we discussed during our telephone,call,the ZBA's desire to impose covenants and restrictions through.the FEIS is not appropriate and that consideration of same, if necessary, is properly addressed eitherthrough the Special Exception Hearing(ZBA) or Site Plan Approval (Planning Board). 56655 LLC,,therefore,respectfully requests that the ZBA promptly provide a date when it will adopt the FEIS and set a,hearing date to consider the Special Exception Application. Thank you, in advance, for your courtesy and attention to this matter. 56655 LLC. wishes to move this, matter forward and bring this project to fiuition as soon as possible. Very truly yours, Brown Altman & DiLeo, LLP By: �D �NA Altman an p LOW A I BROWN ow 'Awl ALTMAN ,& DILE© , LLP — 1 1— --. - cc.: Town ofSouthold Board of Zoning Appeals (attn.: Leslie Kanes Weisman, Chairperson; via email) 56655 Main Road, LLC(yia-email, only) PWGC (attn.: Kim Gennaro-Oancea, AICP CEP and Bryan Grogan, PE; via email, only) 0 Fuentes, Kim From: Fuentes, Kim Sent: Thursday, May 27, 2021 8:13 AM To: Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Subject: Letter from David Altman, Atty for Enclaves Hotel: 56655 Main Rd, Southold, NY Attachments: docl 1717220210526175857.pdf Please see attached. Kim E.Fuentes Board Assistant Zoning Board of Appeals 631-765-1809 king,Qoutholdtownnv.gov Location:54375 Main Road Mail:R 0. Box 1179 Southold, NY 11952 From: David N.Altman<daltman@brownaltman.com> Sent:Wednesday, May 26, 20216:01 PM To: Duffy, Bill<billd@southoldtownny.gov>; Fuentes, Kim <kimf@southoldtownny.gov> Cc: Kim Gennaro<kgennaro@pwgrosser.com>; Bryan Grogan <bgrogan@pwgrosser.com>;Anthony C. Curcio <acurcio@brownaltman.com> Subject: Enclaves Hotel: 56655 Main Rd, Southold, NY Bill/Kim: Attached you will find correspondence from the applicant, 56655 Main St, LLC,w/ regard to the above. Please review and kindly provide us a w/a hearing date, as soon as possible,for consideration of the Special Exception Application to develop a hotel. Thank you, in advance, and please call us if you wish to discuss this matter. Best, David N. Altman,Esq. Brown Altman&DiLeo,LLP 538 Broadhollow Road,Suite 301 Melville,NY 11747 (516)222-0222 office (631)987-6741 mobile (516)222-0322 facsimile daltmanC@brownaltman.com 1 BROWN V Y ALTMAN �x Statement of Confidentiality This electronic message may contain privileged or confidential information. If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 NELSON POPEVOORHIS environmental•land use•planning MEMORANDUM To: 56655 Main Road,c/o Jonathan Tibett From: Carrie O'Farrell,AICP,Senior Partner on behalf of the Southold Zoning Board of Appeals Cc: Bryan Grogan,PWGC;Kim Gennaro,PWGC;Heather Lanza,Town of Southold Planning Date: 5/06/2021 NPV No: 09015 Re: The Enclaves Hotel and Restaurant Special Exception Use Permit Final Environmental Impact Statement("FEIS") Nelson, Pope & Voorhis, LLC (NPV) has reviewed the Second Revised April 2021 Final Environmental Impact Statement (FEIS) for"The Enclaves Hotel and Restaurant" Special Exception Use Permit prepared by PW Grosser Consulting,Inc.on behalf of property owner and applicant,"56655 Main Road,c/o Jonathan Tibett." The purpose of this review as detailed in this memo is to provide comments to assist the Applicant in revising the FEIS based on recent discussions with the ZBA, as Lead Agency, and NPV in determining whether the content of the FEIS is complete, accurate, and adequate for acceptance, filing, and public and agency review and consideration. This review identified several prior comments that were not addressed and include a few comments based on changes to the proposed plan. The following comments from NPV's February 16,2021 FEIS review memo do not appear to have been addressed: Land Use and Zoning • The FEIS should acknowledge the need for a covenant to be filed as part of the site plan approval process limiting the spa for use by hotel guests only(see Response to Comment C16-3 and others as applicable). Additional Related Comment: The latest version of the FEIS indicates that the spa will serve hotel guests only during the peak season and non-hotel guests during the off season. It is unclear how this policy (allowing non-hotel customers to use the spa only during the off season and turning them away during the peak season)will be enforced. The timeframe of the peak season and off season should be defined. At a minimum, covenants and restrictions would have to be filed to put current and future hotel owners and managers on notice about these policies and the ramifications of noncompliance (e.g., possible revocation of the Certificate of Occupancy for the spa use). Events • A covenant should be filed that specifically states that no event with an attendance exceeding 250 persons will be held at this site. • The Response to Comment C1-9, page 11, second paragraph,first sentence states that no events will be held "concurrently." Please also indicate if events will ever be held consecutively? i.e., Friday night and the following Saturday or Saturday and the following Sunday of the same weekend or will large events be restricted to no more than one event per weekend? Long Island:70 Maxess Road, Melville, NY 11747 a 631.427.5665 a nelsonpopevoorhis.com Hudson Valley: 156 Route 59,Suite C6,Suffern, NY 10901 • 845.368.1472 The Enclaves Hotel and Resiaulant Special Exception Use Permit Final Environmental Impact Statement Visual/Lighting • The STP facility will require outdoor lighting. Was lighting associated with the STP considered? See the response to C1-19 and other responses relating to outdoor lighting.The Site Lighting and Details Plan does not appear to be included in the Appendix C Site Plan set. • The paragraph immediately following Table 3 should reference the post construction visual simulation of the site from the perspective of Main Road and where it can be found (appendix) for review. (see Response to Comment C34-3 and other applicable responses). Noise • See attached review memo. Traffic and Parking • Response to Comment H14-14: Please reference the ZBA traffic consultant's Memo — "Special Event Traffic Analyses" dated March 24, 2021 and include a copy of the memo in Appendix E to document the rational for. Sanitary and Water • Please note any permits that may be needed from the Suffolk County Department of Health Services (SCDHS) and Town Building Department for Regarding the hotel swimming pool and cottage hot tubs. • The site plan should show the northerly property boundary of the LIRR right-of-way on the plans and demonstrate that the STP setbacks meet the County setback requirements (i.e., do not extend beyond the right-of-way). See also Response to Comments H4-2 and others as applicable. • Outdoor lighting will be required for the STP building. Please show lighting if and as applicable and indicate whether the lighting will spill on to adjacent properties or otherwise have an impact. • Response to Comment H14-19: Indicate any fencing, landscaping and lighting around the STP building,or intension to do so during site plan submission. • Response to Comment C30-3 should also discuss the planting of any native or suitably adapted vegetation as part of the landscaping plan, and any potential reductions in the need for fertilization. N P V Page 2 of 2 Analysis & Computing, Memorandum To: Town of Southold ZBA From: Y.Moy/ACINC Subject: Review Enclave Acoustic Report Date: April 30,2021 -Revision 7,dated April 20,2021 This memorandum presents our comments to the FEIS The Enclaves — Proposed Hotel and Restaurant, revised April 2021, at 56655 Main Road, Hamlet of Southold,NY and Appendix F - Acoustic Report Revision 7, dated March 31, 2021. Comments on FEIS 1. Response to Comment H4-4,Page 39. It should be explicitly stated that that proposed Special Event venue has been revised and moved indoors to avoid confusion. 2. Response to Comment H14-3,Page 39 It is advised to have separate paragraphs for the Special Event and Pool responses for clarity. 3. Response to Comment H14-4, Page 39 The term "loud" is a subjective description. The Town,through the Town noise ordinance has deemed 65 dBA to be an acceptable noise level during non-sensitive periods of the day. 4. Response to Comment C1-28 The thin line of vegetation is inadequate in providing a measurable attenuation of noise, even though it may psychologically mask the noise. Reference to vegetative screens should either be left out of the response or expounded upon for clarity. Appendix F Comments 1. Sec 5.1,Page 11,Last Paragraph Because of the wording of the NYSDOT standards and guidelines, it should be stated that project noise levels will not "approach" the NYSDOT criterion of 67 dBA, rather than state the "... projections also fall within the NYSDOT criterion of 67 dBA...". 2. Sec 5.2.2, Page 14 Page 1 oft The attenuation of the parapet/glass barrier should be stated somewhere.In can either be stated here or in the Appendix. 3. Section 6 If the Applicant is already committed to implementing the recommended mitigation measures,there would be less uncertainty if it is stated up front that the Applicant is committed to implementing the recommended mitigation measure and replace references to "recommended mitigation measures" with simply "mitigation measures". This would remove the potential uncertainty of whether the Applicant will implement the recommended mitigation measures. Page 2 of 2 wif L NELSON + P O P E 70 Maxess Road Melville, New York 11747 J0 engineers •architects •surveyors 631.427.5665 MEMO To: Leslie Weisman, Chairperson and Members of the Town of Southold Zoning Board of Appeals ZJ From: Osman Barrie, PE, PTOE, PTP Date: March 24, 2021 Project: The Enclaves Hotel and Restaurant Special Exception U N+P No: 09015 Subject: Special Event Traffic Analysis In response to your request, we have conducted a traffic sensitivity analysis to determine the level of traffic generation during special events that will trigger significant traffic and site circulation issues. In order to conduct the analysis, the following steps were undertaken: • Reviewed the trip generation estimates for the special events prepared by Dunn Engineering. Based on the description of how the special event traffic was generated (per the last paragraph on Page 52 of the TIS under the heading "Special Events" ) the applicant's traffic engineer determined that the proposed project, excluding any special events, will require 94 parking spaces per the Town Code and the site will provide 160 parking spaces (including 37 unpaved spaces). This will result in an excess of 66 parking spaces available for a Special Event (200-250 people according to the applicant). For the purpose of analyzing how the site will function during a special event, the applicant's traffic engineer assumed that patrons of the special event will utilize the 66 available parking spaces, and 20 patrons will arrive by other conveyances such as Uber and multi-passenger vehicles. Based on this assumption,the special events will generate a total of 86 trips (66 parked on site + 20 conveyances) entering and exiting the site during the Saturday peak hour. • Given the current Covid-19 Pandemic, gatherings and special events of this size are prohibited, so verification of these assumptions by collecting data at similar use/events is not possible. Therefore, N+P reviewed available traffic engineering resources to determine if published rates for such special event were available. While the ITE Trip Generation Manual (a widely accepted resource for trip generation data) did not have data available for banquet halls or similar special J L N+P Page 1of3 7r event type uses, the New Jersey Department of Transportation has published rates for such events (see Attachment 1). Their published rates for access permit applications indicated a banquet facility will generate an average of 0.33 trips per seat during a typical weekend peak hour. Based on this rate, a special event with 250 patrons would generate 83 trips, a number similar to the trips estimated by Dunn Engineering. Therefore, we agree the methodology used to estimate the trips for the special events is consistent with published resources. • Main Road is a one lane in each direction with long queues in both directions during the summer/fall peak seasons. Therefore, there is a tendency for left turning vehicles to block through vehicles. From the review of the applicant's traffic study, it can be seen that 68 vehicles will be making an eastbound left turn into the site access during special event arrival peak periods (Saturdays) turning against 612 westbound through traffic volumes. Any number of these 68 vehicles that will arrive at the site within a short time period (15 to 30-minute period)waiting to turn left into site could block the 678 eastbound through vehicles during the same time period causing traffic congestion and safety issues. Even though the gap study conducted by the applicant concluded that there are significant number of gaps on the Main Road traffic stream to permit vehicles to safely turn into the site, our review of the gap video show long periods of time during which gaps are not available, allowing the accumulation of left turn queues. During periods of high frequency when gaps are unavailable, the left turning event traffic could block the eastbound through traffic causing long queues and safety issues. In order to mitigate the traffic safety concerns during special events,we recommend that the applicant use traffic control personnel to help control traffic on Main Road during special events to help the smooth and safe access to the site. • The worst traffic condition for special events is expected to occur at the end of the event when patrons exit the site. Assuming the restaurant and the hotel are in operation during the event, the traffic exiting the site at the end of the event will be equal to special event departure traffic plus the normal exiting site traffic. Therefore, a total of 106 trips (86 event trips and 20 normal site traffic) are expected to exit the site at the end of the event. This traffic was distributed on the study intersections and added to the 2020 No Build Conditions to develop the 2020 special event Build Condition volumes. • Capacity analysis were conducted by Dunn Engineering at the site exit driveway during the Saturday peak period when the special event patrons are leaving the site (included as Appendix I of the Draft EIS,Traffic Impact Study). From the review of the capacity analysis,the southbound site exit driveway approach will operate at Level of Service (LOS) F with an average delay of 62.7 seconds per vehicle. The 95th percentile queue length on the site driveway is approximately 4 vehicles with the assumption that the 106 vehicles exiting the site driveway during events are spread out evenly over a one-hour period (assuming a 0.92 peak hour factor). However,it should be noted that during special events, most of the vehicles may exit the site over a short period of time (between 15 to 30 minutes) resulting in a lower peak hour factor and ultimately a much higher delay and 95th percentile queue length.Therefore, it is likely that the 95th percentile queue will be longer than 4 vehicles and will exceed the 70 feet stacking throat that will not interfere with paved parking and hence could create on-site circulation issues. L N+P 7 le Page 2 of 3 • To present a more realistic analysis of the exit driveway during special events, capacity analysis was conducted by Nelson +Pope using a 0.5 peak hour factor(patrons exiting the site with a 30- minute period after the end of an event) for the site exit approach. The results of the analysis (see Attachment 2)show that the southbound exit approach will operate at LOS F with an average delay of 134.2 seconds/vehicle and a 95th percentile queue length of 248 feet which will exceed the entire driveway length including some parking areas. This length of queue is expected to create traffic circulation and potential safety issues. Therefore, the use of traffic control personnel to help the control of traffic and stagger the release of traffic from the site at the end of an event is recommended. • In order to reduce the potential for the queue length and to improve the LOS, a sensitivity traffic analysis was conducted to determine what level of special event trip generation will result in a 95th percentile queue length that will be accommodated within the provided 70 feet stacking length at the site exit. Based on the review of the analysis, a total of 53 exiting trips (33 event trips and 20 normal site traffic trips) will result in a 95th percentile queue length of 71 feet and a LOS E with an average delay of 42.8 seconds per vehicle. Assuming a vehicle occupancy of 3 persons per vehicle for the special events,a special event with 100 patrons will generate 33 trips. Based on this analysis, we would recommend that special events in excess of 100 patrons should require the use of traffic control personnel to help control traffic on Main Road and site access. L N +P do Page 3 of 3 f The Enclaves Hotel and Restaurant Special Exception Use Permit 56655 Main Road Special Event Traffic Analysis ATTACHMENT 1 — NJ Dept. of Transportation Trip Generation Rates 101. N+p , < 1 r ND USE UNITS OF CODE LAND USE DESCRIPTION MEASURE X AM PEAK HOUR' PM PEAK HOUR• WEEKDAY DAILY TRIPS• WEEKEND PEAK HOUR• WEEKEND DAILY TRIPS 850 Supermarket SQ,FEET = X/1000'707 X11000.948 X/1000.10224 X/1000'1893 X/1000'17759 851 Convenience Market SO FEET X/1000.7310 X/1000.5342 XI1000.73799 X/1000'7711X/1000'86310 853 Convenience Market oath Gas Pumps- 'SO FEET X/1000.42 86, 4 X/1000.62 57 X/1000.845 6 X 1000.45 94 X/1000.1448 33 854 Discount Supermarket SQ FEET X11000.633 X/1000.834' XI1000'9086 X/1000'965= = X11000"11185 857, Discount Club SO-FEET X11000'337 X/1000.463 X/1000.4180 X/7000.637 '. X/1000'5375 860 Wholesale Market SO FEET X11000.0 58 X/1000.0 52 X/1000.6 73 X/1000.0 23 X/1000.2 3 861 Discount Club SQ,FEET i', X/1000'3 68 X11000'4 76 X/1000"d1.80 X/i000'6.85` X/1000•53,75 662.Home Improvement Superstate SO.FEET X/1000•2 57 << X11000•3.17 X/1000•30.74 X11000•8,03 X11000•56 72 863 Electronics Superstore SO FEET X17000.346 X11000.45 X/1000.4504 X17000.626 X11000'5729 864 To/Children's Superstate SO FEET (X/1000)'4 99 (X/1000)'4 99 X/7000•49 9 X11000•5 53 X/1000'55 3 870 A Lel Store =$0.FEET X11000'4 8' (X/1000)'4 2, _= X/1000.66 4 X11000'4,8= X/1000•66A ` "'880 Pharmac lDru store w/o Drive-Through =SO�FEET': <.:°' 12.05'X17000 621 X11000'1 107 EXP(O 99•LN X/1000 r4 51 X11000•11 07 EXP(O 99•LN X/1000*4 51 881 Pharmacy/Drugstore wlDnve-Throe h SO FEET X/1000.836 , - X/1000.991 X11000.9691 X11000.820 X/1000.9691 ` 890 Furniture Store SO FEET X/1000.04 X/1000.053 X/1000.506 X11000.095 X/1000'494 895 =Video Arcade `„S0 FEET X/1000'178=. X/1000.5681 X/7000.960 X11000.3787: X/1000'1760, 911 Banka w/o Dnve4n 60 FEET- X/1000.11 63 X/1000'20,98 X/1000.94 05 , X+1000.20 98 i X/1000.94 05 912° Banks w/Dnve-in F .WINDOWS X'2164 , X3324 - X'13925 I X128_78 X•5982 FEETm ?X'0 701000'15 da rX/1000.7549 - %/1000.7745 rN/1000.852 € 931 Restaurant,Quell....,....m_...�.�..,..,.,.»...� ,.,..,'SQ FEETX/1000'S 57'°_„......,..�,. � %%7000'802X11000'8995=W-- X/1000'1082 X/1000'9436 µ '� 932 Restaurant Hl h,Tumover Sit-Doom- SO FEET X/1000.1333. X11000.1849 X/1000'12715 X17000.1846 X/1000.15837 933 Restaurant,Fast Food w/o Drive through SO FEET X/1000.63 5 X11000.52 4 X/1000.716 X/1000.54 55 X/1000.696 934 Restaurant,Fast Food w/Dnve through SO FEET, X/1000.53 61 X11000.47.30 X11000'49612 X11000'72 74 X/7 000'722 03 936 COHee/Donut Shop without Dnve•Thru Win SQ,FEET. X17000.108.38 X17000.40 75 , X/1000.1083 8 X11000'65.96 X/1000.1083 8 937- Coffee/Donut Shop with Drive-Thru Wm SQ FEET X11000'101 40 X/1000'42 80. X/1000'818 58 X/1000.84-52 X17000.818 58 941 OIIfLube Facility SERVICE BAYS X•4 X'819 X'40 X•7 X•42 942 Automobile Care Center SQ FEET X11060.2.83 X11000.3 51 X/1000.23 72 X/1000'3,61 X11000.23,72 W09 Banquet Hall SEATS m%=A X'0 16 X'0 3 X'2 86 X'0 33 -001- �BfV10E csleoGTP"4"Gfu7"u'HS"i�lfii T1Y"hTl"ui.lW.r^•"""^'^`°^'�M-X'9L it f� : The Enclaves Hotel and Restaurant Special Exception Use Permit 56655 Main Road Special Event Traffic Analysis ATTACHMENT 2 — N+P Capacity Analysis N+P y` Site Traffic Analyses for 250 patrons Build Condtions 3: 7-Eleven Access/Site Access & Main Road 03/12/2021 Lane Configurationsr , r"T�.„.,.°». »...�<�-",»;°,- ,.;.�,a �.�.w. __^' m°""r„7, "r wm." `., .,,-,;£"'�"""'- < "^';�.;-`:;3^^ �`""•'. � «aS�"�w„rr" (1'raffic,Vol�me�(vehlhj°° Future Volume(Veh/h) 0 652 37 0 599 24 16 1 20 42 1 64 F SS Confriil� "�' � .�.� .,.�,a," Grade0% 0% 0% 0% ;. �� �` 0` w '.; �., -&'4- 0 is 0:92a0-$2;>'�.�Of92- 092a� '0:92°� �„ 0.52'',-76 2;^�,';0 92"' '0°92°', ~ f1: 0� �,r°05 ,".0. Hourly flow rate(vph) 0 709 40 0 651 26 17 1 22 84 2 y 128 Pedestrians, .m .." s x ;:yfrb: e�,r„- ,e",��,_.„~„,�,..."�:w���p'7:&�'s.,",., ,.J,2, ���. Lane Width(ft) Percent Blockage -. u° Rl'ht°'f rn fl�afe:Veh ,'o _�'���ig%�� ,�,,t, � ,,. .��.- ��� .se a,`��t§;ia��;%_�?:'%'„ s.,As,r-;'µ�'°;,��.;,;`'��i,''sa������ �,FF.°,-r,"�"�^,"'°`€ Median type None None Upstream signal(ft) r,r,., km£r;^�`+n. :�^"W.,"-<�"r - .""°"","T"«''", "' 2_"v„r»emu x7 •»,Nrz,� ..°.7- r.,-. �j ,',°' J/��% latov 'unblocked c wC „ vC,conflicting volume. 677 749 _1522 1406 729 1416_ 1413 664 d;' ,lar^ �,..•ga^ r.�w f "� '�xi;.$m"`" a� w:"Wry ",kz"»«»„`;%r `u _M' j'"�.�.mY"t'�m3�f'�i1nRfi?' vC2,stage 2 conf vol vCu'ubloekedvol' „> = `w; = g67'7 y' Y�'". . X749; bhx =°,r t °=af522 °°706 ='72,9u 1416 ,113 ;� 664 uIT .. z"x:,.'.wr .,k.d"' . z. �"'xu...` "` cnx..,,.�..,w.;....m",:aw.. .i`'i=.�`,.w ,'.._ _w.a _.,,t. ..«.M.:a; ,'S,">�w :`�'w":. _�.`;<.a.-. `.w x A.r tC,single(s) 4.1 4.27.1 6.5 6.2 7.1 6.5 6.2 tV f a e "„ `st 9 'L.,� tF(s) T2.2 2,3 3.5 4.0 3.3� 3,5 4.0 3.3 �O w:' xa��a�^ `s` „m �„ Y .".». .ta f>��».•y�, I^��"o-`ri".,,., ,.TN,zT .^^".»,.<r..t^z,�f"`'"ez'"'.'.'':°`' 'kr}m,.,,,s%,xin' =m",<queue,free,'/o cM capacity(veh/h) 915 838 69 138 421 108 137 459 irec E7I T i4E Volume Total 749 677 40 214 "�..�-,�` ""a z:""::�^�`r.�•,i"777" ce`.7 "m--"m":• Volume;Left u a. a°� ' 4 :r F`'"„•,,,a r F-`75,2 �",.„w xSx.,z�,„ - :'nz ....y",s.>.?w`«.2.a+-'v~'`":. ..:,a.:.:z.' Cns,L:°t°,».°,a`�.a�''�-'�3S '� x 1 - Y.u,'✓" "" Volume Right 40 26 22 128 _ >•�.�3 ._,:z,. '», k,.5;sa°K ,�.�w.�,��.w,w...� .^�-^u"m..,i..�u......E., z.,:. _ .�.1z;w. ,.i�.ik,d:.,::,�-,i;;' .,c3.`,'"�',',a,�'`�a;.` ''�'u <?'`"�A.a.°6xu" Volume to Capacity 0.44 0.00 0.31 1.07 y,.z." .,..tea; -^.-F,G.".,,-�,^.q,�,;=-,e,r- .;�;.a�-•.° ?T;=tr'mr'^wm�'''. ';' -- timrre ;�"r' r. '` xp�^;r '�z„7 Control Delay(s) 0.0 0.0 44.4 134.2 -<< `>-"�"��;r. :taz?,:e�';�;_�^-^����,�"r�ir"� :"�,;r., ;e.�,���� n�7 �n�.,,,"�,-'�:`vu�'. -°���a"""��" �=s"". ^ .;j<,.�'�„�^' .. �n•'',9=�~� �;r,l~„_ .,r�t� ',>%'€ te:,.�.+✓�',x°.cve:,,.rm.w.,.. �"�,,..,.�w~tY,wc ".�..u�%.:a;, .«"w.zu... o1...3s.,� Approach Delay(s) 0.0 0.0 44.4 134.2 a'°`,`_2 n ,1:+ ..`�U�J+i ,'; ��; ., „�,is✓�£M''•"-Z, s,< s'`: s r Vjr"'^%,;s ", sd ."s`t,'`zrv,` % ��„�� 7x ll� 77 s,,~,a 7•, T7,7 ,h Intersection Capacity Utilization 51.0% ICU Level of Service A 9CI��ySISy�$CIOs(ITllll). '�''a, d Synchro 10 Report HCM Unsignalized Intersection Capacity Analysis OSB Page 1 Site Traffic Analyses for 100 patrons Build Condtions 3: 7-Eleven Access/Site Access & Main Road 03/12/2021 KR—i7m Lane Configurations 7 Future Volume(Veh/h) 0 652 37 0 599 24 16 1 20 21 1 32 NN P, Grade 0% 0% 0% 0% Hourly flow rate(vph) 0 709 40 0 651 26 17 1 22 42 2 64 -7, ,I ,"i" I 7 ,PLqi*irT1n 7�-, 'k, ku Lane Width(ft) 7�XVQ'1171711, Percent Blockage Median type None None 7 Upstream signal(ft) 77 vC,conflicting volume 677 749 1458 1406 729 1416 1413 664 KK1;IV 11— vC2,stage 2 conf vol 6 L,1 ij 7 ,664 -11-'L��1;1_1-11�2 J-1 --l'i, [C6 !','12 9, tC,single(s) 4.1 4.2 7.1 6.5 6.2 7.1 6.5 6 tF(s) 2.2 2.3 3.5 4.0 3.3 3.5 4.0 3.3 9 9 cM capacity(veh/h) 915 838 91 1 38 421 108 137 459 � , 143vWB74, SB50 ,V � At " "" Volume Total 749 677 40 108 1W e-1 ca 7* 71- ]7 11 _D110 Volume Right 40 26 22 64 --z"i 71 Volume to Capacity 0.44 0.00 0.25 0.54 Ne�0�6—P60 1-171-1-DC 17 Control Delay(s) 0.0 0.0 34.3 42.8 7� Lin: , A I -Z Approach Delay(s) 0.0 0.0 34.3 42.8 pq TTK;7777F'r"' 4 Intersection Capacity Utilization 47.1% ICU Level of Service, A 7 Fkal _YA1--- Synchro 10 Report HCM Unsignalized Intersection Capacity Analysis OSB Page 1 CLIENT DR414914 SOLUTIONS 630 Johnson Ave.,Suite 7 Bohemia, NY 11716 w.631.589.6353 f.631.589.8705 m.631.918.2006 https://www.pwgrosser com 2 Fuentes, Kim From: Kim Gennaro <kgennaro@pwgrosser.com> Sent: Tuesday, March 9, 2021 10:25 AM To: Carrie OFarrell Cc: Bryan Grogan; Sean Harkin; Bonnie Schnitta; mike brusseau; Fuentes, Kim; Osman Barrie; Ronald Hill Subject: RE:The Enclaves Carrie, I will coordinate the changes with Sound•Sense. Regarding traffic, I think Ron Hill provided everything that was requested last Wednesday. If anything additional is needed, please advise. Thanks, Kim Kim Gennaro-Oancea, AICP CEP Vice President PWGC 630 Johnson Ave.,Suite 7 'Bohemia, NY 11716 w.631.589.6353 f.631.589.8705 m.631.918.2006 kgennaro@pwgrosser.com From: Carrie OFarrell<COFarrell@nelsonpope.com> Sent: Monday, March 8, 20216:03 PM To: Kim Gennaro<kgennaro@pwgrosser.com> Cc: Bryan Grogan<bgrogan@pwgrosser.com>;Sean Harkin<sean@soundsense.com>; Bonnie Schnitta <bonnie@soundsense.com>; mike brusseau<mbrusseau@nelsonpope.com>; Fuentes, Kim <kimf@southoldtownny.gov>; Osman Barrie<OBarrie@nelsonpope.com> Subject: RE:The Enclaves Kim, Attached is the review of the noise report. There are a number of things that require clean up in the report, but nothing was major. I believe our traffic engineer has been going back and forth with Ron on the threshold analysis for the traffic mitigation during special events. I'll circle up with him tomorrow, but last I knew he was waiting for clarifications from Ron. Thanks, Carrie Carrie O'Farrell, AICP Senior Partner NELSON POPE VOORHIS, i Long Isiah& 70 Maxess Road, Mt4ville, NY 11747 Hudson Valley: 156 Route 59, Suite C6, Suffern, NY 10901 o: 631.427.5665 x214 cofarrell@.nelsonpopevoorhis.com nelsonpopevoorhis.com This communication and any attachments are intended only for the use of the individual or entity named as the addressee. It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient or such recipient's employee or agent,you are hereby notified that any dissemination,copy or disclosure of this communication is strictly prohibited and to notify the sender immediately. From: Kim Gennaro<kgennaro@pwgrosser.com> Sent: Monday, March 8,20211:17 PM To: Carrie OFarrell<COFarrell@nelsonpope.com> Cc: Bryan Grogan<bgrogan@pwgrosser.com>;Sean Harkin<sean@soundsense.com>; Bonnie Schnitta <bonnie@soundsense.com>; mike brusseau<mbrusseau@nelsonpope.com> Subject:The Enclaves Hi Carrie, Can you please let us know if the Revised Acoustic Report is acceptable for inclusion in the FEW Also,we are still waiting on the Threshold analysis for the traffic mitigation during events. Can you advise when we can expect to receive this? Thanks, Kim Kim Gennaro-Oancea, AICP CEP Vice President PWGC 630 Johnson Ave.,Suite 7 Bohemia, NY 11716 w.631.589.6353 f.631.589.8705 m.631.918.2006 kgennaroO-pwgrosser.com From: Carrie OFarrell<COFarrell@nelsonpope.com> Sent:Tuesday, February 23, 20218:29 PM To: Kim Gennaro<kgennaro@pwgrosser.com> Cc: Bryan Grogan<bgrogan@pwgrosser.com>; Sean Harkin <sean@soundsense.com>; Bonnie Schnitta <bonnie@soundsense.com>; mike brusseau<mbrusseau@nelsonpope.com> Subject: RE: Revised Acoustic Report for The Enclaves Thanks Kim. I forwarded the report to them. Carrie O'Farrell, AICP Senior Partner NELSON POPE VOORHIS Long Island: 70 Maxess Road, Melville, NY 11747 2 1 Hudson"Galley: 156 Route 59, 5urte C6, Suffern, NY 10901 o: 631.427.5665 x214 cofarrell@nelsonpopevoorhis.com nelsonpopevoorhis.com This communication and any attachments are intended only for the use of the individual or entity named as the addressee. It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient or such recipient's employee or agent,you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited and to notify the sender immediately. From: Kim Gennaro<kgennaro@pwgrosser.com> Sent:Tuesday, February 23, 20213:56 PM To:Carrie OFarrell <COFarrell@nelsonpope.com> Cc: Bryan Grogan<grogan pwgrosser.com>;Sean Harkin<sean soundsense.com>; Bonnie Schnitta <bonnie@soundsense.com>; mike brusseau<mbrusseau@nelsonpope.com> Subject: Revised Acoustic Report for The Enclaves Hi Carrie, Prior to incorporating the revised acoustic report and carrying through the changes to the FEIS responses, I have attached the Sound Sense revised report for review. If you could please forward to Yeuk and Ken for review, I think this may be the most efficient way to proceed. Let me know if you think otherwise! Thanks again for your availability during the process. Of course,feel free to call me should you wish to discuss. Best regards, Kim Kim Gennaro-Oancea, AICP CEP Vice President @PAC7C UENT 0MIG"S 630 Johnson Ave.,Suite 7 Bohemia, NY 11716 w.631.589.6353 f.631.589.8705 m.631.918.2006 https://www.pwqrosser.com 3 i Fuentes, Kim From: Carrie OFarrell <COFarrell@nelsonpope.com> Sent: Thursday, February 18, 2021 12:11 PM To: Kim Gennaro Cc: Bryan Grogan; Fuentes, Kim; mike brusseau Subject: RE:The Enclaves FEIS Attachments: 2020_02 FEIS Review Comments.pdf Kim, The outline looks good. We provided a few minor comments below in red. Also attached are our comments on the FEIS. The traffic threshold analysis will follow. Please let us know if you have any questions. Thank you, Carrie Carrie O'Farrell, AICP Senior Partner NELSON POPE VOORHIS Long Island: 70 Maxess Road, Melville, NY 11747 Hudson Valley: 156 Route 59, Suite C6, Suffern, NY 10901 o: 631.427.5665 x214 cofarrell@nelsonpopevoorhis.com nelsonpopevoorhis.com This communication and any attachments are intended only for the use of the individual or entity named as the addressee. It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient orsuch recipient's employee or agent,you are hereby notified that any dissemination,copy or disclosure of this communication is strictly prohibited and to notify the sender immediately. From: Kim Gennaro<kgennaro@pwgrosser.com> Sent:Wednesday, February 10, 202110:50 AM To:Carrie OFarrell<COFarrell@nelsonpope.com> Cc: Bryan Grogan<bgrogan@pwgrosser.com> Subject:The Enclaves FEIS Hi Carrie, Just to confirm our next steps for revisions to the FEIS and based on our virtual meeting held on February 4: Acoustic Report Revisions: - Elimination of octave band noise level analysis to focus only on overall dBA levels. L10 for traffic-related noise will remain. -Specification of sound levels due to mechanical equipment at the property line to be able to perform worst-case additive analysis. The HVAC noise level specification that's needed to meet Project criteria at property line should be provided (including consideration of the combined other onsite noise sources). -Calculation of the quietest period during data collection. 1 - Expansion of the summary at the beginning of the acoustic report to discuss impacts)) a one page "Executive Summary" and a separate broad methodology narrative. (Please include brief project description,very general methodology, brief statement of results, and conclusions in Executive Summary Section). Report should include methodology, assumption, reference data,and citation for reference data sufficient for an independent assessment. - Revision of analysis at the rooftop terrace to include a 30" laminated glass barrier on top of the parapet and advise what that means for amplified sound levels allowable at the roof deck. - Elimination of outdoor special events. - Establish criteria that cumulative sound levels with special events are not to exceed 5 dBA above background for all noise sources. - Perform analysis of cumulative sources to demonstrate no change. FEIS: - In the introduction section, add narrative that the project was modified during preparation of the HIS to exclude outdoor events on the lawn area,that the applicant agreed to relocate events to indoor spaces and, as a result, has modified the site plan to include a future potential enclosed space to the south of the hotel building (on the previously conceived open lawn area). - For comments that relate to the outdoor events (noise), responses will be modified to: "The proposed action has been modified to exclude outdoor events on the lawn area. During preparation of the FEIS,the applicant agreed to relocate events to indoor spaces and, as a result, has modified the proposed site plan to include a future potential enclosed space to the south of the hotel building(on the previously conceived open lawn area). Additionally,the Acoustic Report has been revised to address indoor events such that the potential future noise generation from cumulative sources would not exceed 5 dBA over background (ambient) levels. This will be achieved with building materials and windows with high acoustic performance for noise attenuation,which will be designed as part of site plan review with the Planning Board. Accordingly, no adverse noise impacts would occur from the hosting of events indoors on the subject property." -For comments that relate to outdoor events and other impacts,the responses will be modified accordingly. -The site plan should be included a diagram of the proposed location of the future building addition for special events. The outline of the area for proposed building addition should be a maximum, with final design to fit entirely within the outlined area. - NPV will send comments on those responses requiring modification. - NPV Traffic engineers are to send the threshold for traffic control. Please advise if you are in agreement with the above. Thanks, Kim Kim Gennaro-Oancea, AICP CEP Vice President OPACC 630 Johnson Ave.,Suite 7 Bohemia, NY 11716 w.631.589.6353 f.631.589.8705 m. 631.918 2006 https://www pwgrosser com 2 I®IELSON POPE ®/OC) R �-IIS environmental•land use•planning 7FER MEMORANDUM To: 56655 Main Road,c/o Jonathan Tibette�ls From: Carrie O'Farrell,AICP,Senior Partner on behalf of the Southold Zoning Board of Appeals Cc: Bryan Grogan,PWGC;Kim Gennaro,PWGC; Heather Lanza,Town of Southold Planning Date: 2/16/21 NPV No: 09015 Re: The Enclaves Hotel and Restaurant Special Exception Use Permit Final Environmental Impact Statement("FEIS") Nelson,Pope&Voorhis,LLC(NPV) has reviewed the December 2020 Final Environmental Impact Statement(FEIS) for"The Enclaves Hotel and Restaurant"Special Exception Use Permit prepared by PW Grosser Consulting,Inc. on behalf of property owner and applicant, "56655 Main Road, c/o Jonathan Tibett." The purpose of this review as detailed in this memo is to provide comments to assist the Applicant in revising the FEIS based on recent discussions with the ZBA, as Lead Agency, and NPV in determining whether the content of the FEIS is complete, accurate,and adequate for acceptance,filing,and public and agency review and consideration. In addition,based on prior review and coordination with the Applicant, certain aspects of the proposed plans will be modified to address ZBA, NPV, and community concerns relating to noise, including elimination of previously envisioned outdoor special events (e.g.,weddings)to reduce the potential for noise and related impacts. This modification and other minor changes that may be made to the plans will change other aspects of the project including but not limited to changes to lot coverage,the amount of landscaping, noise considerations,and use of indoor restrooms, rather than portable facilities for events. The following additional FEIS comments should be addressed: Land Use and Zoning 1. The FEIS should acknowledge the need for a covenant to be filed as part of the site plan approval process limiting the spa for use by hotel guests only(see Response to Comment C16-3 and others as applicable). 2. Table 3, "Consistency with Bulk and Dimensional Requirements of the HB and RR Zoning Districts," on page 13 of the FEIS includes asterisks next to the side yard setback requirement and proposed side yard setback, with no footnote or written explanation for why they are presented this way since the project appears to comply with the side yard setback. Please indicate either in the text or by footnote,what the purpose and intent of the asterisks are or delete them if they shouldn't be there. 3. Comment C10-3 raises the issue of the proposed project establishing a precedent to "construct an excess of similar projects..." The Response to Comment C10-3 simply states that "the comment is noted." It would be helpful to explain to the commenter about the nature of the proposed action, if in fact it would or wouldn't set a precedent,and why or why not;whether the proposed use and project design conform to the requirements of the zoning district; that the hotel use must meet certain special exception use permit standards; whether the project meets those standards or not, etc. All special exception permit uses must be reviewed based on their merits, lot size,site and area conditions, compliance with zoning, need, etc. Long Island:70 Maxess Road, Melville, NY 11747 Y 631.427.5665 ® nelsonpopevoorhis.com Hudson Valley: 156 Route 59,Suite C6,Suffern, NY 10901 9 845.368.1472 r ` r The Enclaves Hotel and Restaurant Special Exception Use Permit Final Environmental Impact Statement 4. A response should also be provided for Comment C27-7. Events • A covenant should be filed that specifically states that no event with an attendance exceeding 250 persons will be held at this site. • The Response to Comment C1-9, page 11,second paragraph,first sentence states that no events will be held "concurrently." Please also indicate if events will ever be held consecutively? i.e., Friday night and the following Saturday or Saturday and the following Sunday of the same weekend or will large events be restricted to no more than one event per weekend? Noise • Updated noise responses are needed for the newly proposed event space and outdoor lounge area. • The Response to Comment H4-4 states: "It should be noted that the analysis also assumes that all attendees are talking at the same time. In reality, you would seldom have all attendees speaking simultaneously." This is not necessarily true and should be revised or removed. A wedding often has moments of applause,whistles,cheers,etc. after toasts and typical wedding ceremony activities. • The Response to Comment H14-5 specifically addresses possible noise impacts from the cottages and states that the cottages will be "encapsulated with evergreen hedges." The hedges will be effective at visually screening the cottages; however,they will be ineffective at abating noise. This sentence should either be clarified to specify that the hedges provide visual screening not sound abatement or deleted, since the focus of the comment is noise. Visual/Lighting • A statement should be added regarding future review necessary for the future special event space. • The STP facility will require outdoor lighting. Was lighting associated with the STP considered? See the response to C1-19 and other responses relating to outdoor lighting. • The paragraph immediately following Table 3 should reference the post construction visual simulation of the site from the perspective of Main Road and where it can be found (appendix) for review. (see Response to Comment C34-3 and other applicable responses). Historic Resources • Response to Comment C42-5 states:"As indicated in Section 3.5 of the DEIS,the proposed renovations to the residence for its reuse as a restaurant includes design mitigation that considered comments of the NYS Office of Parks,Recreation and Historic Preservation(OPRHP)and has resulted in a No Adverse Impact determination from OPRHP" (emphasis added). Were OPRHP's comments just considered or were they addressed,fully addressed,partially addressed or considered and not addressed? Please be more specific. Traffic and Parking • The parking calculations should be updated to address any increase in hotel staff necessary for the indoor special events. Please update all relevant FEIS responses accordingly. • The Response to Comment 1-11-4 does not mention anything about traffic from the events. Also, regarding hotel and restaurant traffic,wouldn't hotel patrons be a little more likely to dine at the onsite restaurant than other restaurants they may not be familiar with and have to travel to? • Response to Comment 1-13-6 states: "Based on the ITE Trip Generation Manual, 10th Edition, the project will generate less than 50 trips per hour during a peak summer Saturday, which is approximately 28 percent of the volume of traffic currently using the existing 7-Eleven during the same time period." The issue raised by the comment seems less about what proportion of the 7-Eleven's trip generation the project will generate and more about the cumulative impact of the proposed project, the 7-Eleven and the remainder of destinations along the corridor. Of most importance is the number of high turnover I I P P V Page 2 of 4 The Enclaves Hotel and Restad,a,, t Special Exception Use Permit Final Environmental Impact Statement trips at the 7-Eleven during Friday and Saturday combined with the high arrivals and departures associated with large events at the hotel that may make traffic much during these times and potentially increase delays, confusion, and vehicle accidents. • Also,Comment H8-2 states: "This is already very uncomfortable to be in Southold in the summer months because of the traffic.This is only going to make it much worse,"while the response to the comment says again that: "As indicated in the Traffic Impact Study and noted in the Response to Comment H3-6 above, the proposed project is projected to generate less than 50 trips per hour on a peak summer Saturday.This equates to only 28 percent of the traffic generated by the 7-Eleven located across the street." This does not answer the comment. The response should address impacts and mitigation if and where necessary. (see also Response to Comment C24-7) Sanitary and Water • Update the sanitary flow projections to the proposed STP,any necessary changes to STP design based on projected wedding event wastewater flow that will now be directed to the STP rather than portable restroom facilities,and on-site kitchen service and additional staff needed to serve large events. • Please note any permits that may be needed from the Suffolk County Department of Health Services (SCDHS) and Town Building Department for Regarding the hotel swimming pool and cottage hot tubs. • Please reference that the spa will be for hotel customers only and that a covenant will be filed that is satisfactory to the Town Attorney indicating this restriction. • The site plan should show the northerly property boundary of the LIRR right-of-way on the plans and demonstrate that the STP setbacks do not extend beyond this boundary. See also Response to Comments 114-2 and others as applicable. • Response H4-3 regarding any potential for odor from the STP: It maybe helpful to indicate whether the treatment process is an above ground open air treatment process like a typical municipal STP or if treatment takes place primarily underground, perhaps with venting, air filters, and fans and location of exhaust areas. • Outdoor lighting will be required for the STP building. Please show lighting if and as applicable and indicate whether the lighting will spill on to adjacent properties or otherwise have an impact. • Response to Comment H14-19: Indicate any fencing, landscaping and lighting around the STP building. • Responses to Comments H3-8, C5-3, and others as applicable: Address conservation measures including low flow plumbing fixtures, irrigation controls, and others. • Response to Comment H14-12 and any other references to portable restrooms for events should be addressed to reflect any changes to the plans. • Response to Comment C5-3 states that: "The swimming pool and pond will utilize potable water to maintain water levels throughout the year;" but the Response to Comment C33-3 states that the pool will use potable water, but the pond will use water from the on-site well. Please update one or both of the responses so they are consistent. • Response to Comment C30-3 should also discuss the planting of any native or suitably-adapted vegetation as part of the landscaping plan, and any potential reductions in the need for fertilization. • Response to Comment C37-4 should also discuss water conservation methods or cross reference another response that appropriately addresses this issue. Process • Response to comments C25-4 and C31-1 should indicate that the hearing was noticed in a local newspaper of area wide distribution. Editorial and Other Minor Comments • Add second revision date to cover, inside cover page, and headers. • Inside cover page: The statement reading "Prepared for and Submitted to": remove comma and bring N P V Page 3 of 4 + 1 The Enclaves Hotel and Restau"T-6 t Special Exception Use Permit Final Environmental Impact Statement "as" down to the next line before"Lead Agency" • Update table of contents page numbers as necessary • Second paragraph under Section 1.1, last sentence,add the word "be". • Last sentence before Section 1.2: change"after the filing of the FEIS"to"after acceptance by the ZBA and filing of the FEIS." • Section 1.3, No. 5: This sentence uses the phrase"has been added"twice. Please delete one. • Second sentence of the second paragraph on page 25: There should be a period after the words "the maritime-related industry". • Response to Comment C18-4: The reference to"11:00 P.M."in this response should be changed to"11:00 A.M." • Response to Comment C1-2: The first sentence stating the following is confusing and should be clarified: "If screening is of primary concern,the five (5) Black Cherry trees along the eastern property line will be removed and the single Black Cherry tree will be retained." • The last sentence in the response to comment C2-8 states: "This in turn allows SoundSense to design for the quietest ambient,which is the worst-case scenario." There appears to be one or more words missing after"ambient" in this sentence. • Comments C28-5 and C29-5 follow one another in the FEIS, and both ask the same question, verbatim: "What is the plan to control and enforce the town noise ordinance?"But the individual,responses to these comments are different. These comments and responses should be merged and answered with one complete response. • Response to Comment H5-6,second sentence,the word "stem"should be"stream." • Also,in the same response, it says: "The remainder of the events would be held at time of reduced traffic volumes. Arrivals to the event will be separated by at least several hours up to four or five hours from entering traffic lessening the impact of the event." This is confusing. Please edit for clarity. • Response to C7-4 uses the terms"stormwater"and "storm water". Please be consistent. • There is a word missing in the last sentence of Response to Comment C7-4. • Response to Comment H7-5 should say"dust" control rather than "duct"control. VAM N PV Page 4 of 4 BROWN - BROADHOLLOW ROAD I SUITE 301 MELVILLE, NEW YORK 1 1 747 ALTMAN & D i L E o , LLP TEL 516-222-0222 1 FAX 516-222-0322 I KBOA@BROWNALTMAN.COM I WWW.BROWNALTMAN.COM January 7, 2021 Via Electronic Mail& Federal Express i Zoning Board of Appeals ! Town of Southold ? JAN 112021 Town Hall Annex Building 54375 Route 25 Southold,New York 11971 Attn: Leslie Kanes Weisman, Chairperson Re: Special Exception Use Permit application and State Environmental Quality Review Act("SEQRA")review(collectively,the"Application")to the Town of Southold Zoning Board of Appeals ("ZBA") by 56655 Main St LLC ("56655 LLC") in connection with the hotel project (the "Development Project") to be located @ 56655 Main Road, Southold, New York 11971; SCTM No.: 1000-63-3-15 (the "Property") Our File No.: 100=513-001 Dear Chairperson Weisman and Fellow Board Members: Following this morning's Work Session meeting ("Work Session") we considered the comments (collectively, the "Comments") raised by certain members of the ZBA and its consultant,Nelson Pope&Voorhis("NP&V")concerning the Development Project. We reviewed the December 8; 2020 written response to Final Environmental Impact Statement ("FEIS") prepared by PWGC (the "FEIS Response") (see attached excerpts from the FEIS Response) and, as stated at the Work Session, the Comments have already been addressed by 56655 LLC. In addition, we spoke with the Development Project's sound consultant, Sound Sense,1 and traffic engineer, Dunn Engineering,2 concerning the Comments and they concurred that the information and response to the Comments was provided in detail in the FEIS Response. In summary, the Comments consist of a request for information regarding (i) a written narrative of specific operational details for noise attenuation measures at outdoor events (i.e., weddings, anniversaries, etc.) (collectively, "Events"), (ii) operational details for mitigation of sound from the rooftop lounge area, and (iii) traffic calming measures during Events at the hotel. As noted above, responses to the Comments were already provided in detail for the Development Project. (See FEIS Response enclosed herewith.) It appears that today's Comments are, again, a rehash of questions previously asked and answered by 56655 LLC. Respectfully; 56655 LLC should not have to repeatedly address the Comments when uncontroverted detailed responses,by recognized competent experts, were already submitted ' Sound Sense's principals are Dr.Bonnie Schnitta and Sean Harkin,who spoke at the 1/7/21 Work Session. 2 Dunn Engineering's representative is Ron Hill,who also appeared at the 1/7/21 Work Session. BROWN I ALTMAN & DILE❑ , LLP weeks if not months ago. It appeared at today's Work Session that the consultant from NP&V (based,on her statements) did not read the entire FEIS Response and, as such,'the Board may not have been aware that 56655 LLC affirmatively addressed the Comments. Further, the law in New York is well settled that the State Environmental Quality Review Act("SEQRA") does not require an applicant to explore every conceivable alternative or provide such exacting operational detail as to effectively regulate the applicant's business operations. See Env. Defense Fund, Inc. v. Flacke, 96 A.D.2d 862 (2d Dept. 1983); Coalition Against Lincoln West, Inc. v. City of New York, 94 A.D.2d 483 (1St Dept. 1983). The degree of detail is a function of the circumstances and the nature of the proposal., Moreover, land use and zoning regulations are not tools whereby a local municipality may impermissibly regulate an applicant's business operations and the details thereof. St. Onge v. Donovan, 71 N.Y.2d 507, 516-17, 527 N.Y.S.2d 721, 725 (1988). The need for 56655 LLC to detail the minutia of operational details related to the Comments, as sought during today's Work Session,is both impractical and impermissible. 56655 LLC,through its representatives,made clear that noise mitigation measures must be assessed once final equipment and layouts for events have been finalized so that compliance with the Noise Ordinance can be met,utilizing the sound operational framework already detailed and provided to the BZBA. Events are likely to have differences, some subtle, thus for the BZBA to request step by step operational detail is impractical and unrealistic. Respectfully, it is not the BZBA's province to dictate noise specific mitigation measures or operational details thereof,;rather, its jurisdiction is limited to ensuring compliance, through permissible means, with the Town's noise regulations.3 56655 LLC has demonstrated through uncontroverted expert documentation that Events at the Development Project will comply with the Town's Noise Ordinance.4 The BZBA was provided by 56655 LLC with a thorough and detailed SEQRA record sufficient for this Honorable Board to accept the FEIS, render findings, and issue a Negative Declaration. We respectfully ask that the BZBA promptly do so, without further submission or delay, and schedule this matter for a hearing concerning the pending Special Use Permit Application. 3 As noted in Brown Altman&DiLeo,LLP's December 8,2020 correspondence,whether 56655 LLC utilizes"active" or"passive"noise mitigation measures in irrelevant,the salient point is the employment of sound mitigation measures that comply with the Town's Noise Ordinance. 4 The October 30,2020 NP&V letter and comment at today's Work Session by NP&V imply that 56655 LLC and its employees may not fairly and/or accurately employ sound mitigation measures or monitor the same. Such comment, whether implied or otherwise,is not made in good faith and belies 56655 LLC's representations to the BZBA that will comply with the Town's Noise Ordinance. 2 BROWN I ALTMAN & DILE❑ , LLP Thank you, in advance, for your courtesy and anticipated cooperation. Very truly yours, Brown Altman &DiLeo, LLP By: Davi N. Altman cc.: Southold Town Attorney (attn.: William Duffy, Esq., Southold Town Attorney; via email) 56655 Main Road, LLC (via email, only) PWGC (attn.: Kim Gennaro-Oancea, AICP CEP and Bryan Grogan, PE; via email, only) 3 Proposed-Noise Mitigation During Events: See Responses C1-8, Ci-9, C1-19, C2-24, H14-3 and C2-15, as well as the Revised Acoustic Report*submitted with the FEIS. The excerpted responses are below. *The Revised Acoustic Report with all supporting data should be reviewed in its entirety. Response to Comment C1-8: (Specifically addresses proposed mitigation for events,including tent, acoustic barrier,limiter,and verification by Sound Sense at the first events held) "The Acoustic Report, as prepared by SoundSense, mathematically modeled the potential noise sources to develop mitigation for noise control at the subject property. The proposed mitigation included acoustic material that is required on the tent and acoustic barrier, as well as the height and proximity of the acoustic barrier to the event area and property line. Two (2) potential solutions were detailed at the public hearing to provide the board and the community with a better understanding of possible solutions along with the projected acoustic outcome.Regardless of the event or solution set,a limiter is an integral part of the solution. The limiter inhibits any frequency from exceeding a level that is known to exceed Town of Southold Noise Ordinance.Often,this is used to reduce low frequency subwoofer sounds,but it is also beneficial if sounds from songs need to be reduced in the higher frequencies.This would be verified through use of a sound level meter. For the first events held,this verification would be completed on site by SoundSense and then would transition to the Enclaves event staff,who will be trained by SoundSense in use of a sound level meter.All limiters would be housed in plexiglass boxes accessed only by management. Finally,the speaker placement will be reviewed and specified in order to prevent a direct acoustic wave from impinging on a nearby neighbor. The speaker placement with a limiter in combination with the acoustic treatment will address the noise ordinance and mitigate the potential for any noise disturbance.These mitigation measures are adequate and practical to meet the needs of the applicant while adhering to Noise Code." Excerpt from Response to Comment C1-9: (Summary of Mitigation) "The special events will be limited to eight to 12 events per year(during the late Spring,Summer and early Fall months)during the following times:Friday Evenings from 6:00 PM to 10:00 PM,Saturday day or evening events ranging from 2:00 PM to 11:00 PM,or Sunday day events from 2:00 PM to 6:00 PM; with no events to be held concurrently. To mitigate any potential adverse impacts to the adjacent or surrounding properties, events hosted on the lawn area would be contained within a tent, with directional speakers placed such that noise would be directed away from the residential properties to the east and sound baffles behind the sound system. An acoustic barrier will also be incorporated into the side of the tent facing the residential properties to the east to further attenuate any noise impacts. As noted in the Response to Comment C1-8,a limiter will also be used on the sound reproduction system to ensure that the requirements of the Town of Southold Noise Ordinance are met for the amplified sound during these events. For the first events held,this verification would be completed on site by SoundSense and then would transition to the Enclaves event staff,who will be trained by SoundSense in use of a sound level meter purchased by the Enclaves.All limiters will be housed in plexiglass boxes accessed only by management. Finally,the speaker placement will be reviewed and specified in order to prevent a direct acoustic wave does not impinge on a nearby neighbor. The speaker placement with a limiter in combination with the acoustic treatment will address the noise requirements and mitigate the potential for any noise disturbance. Based on the additional analyses prepared by SoundSense, the potential noise associated with special events on the subject property will not exceed the Town of Southold Noise Ordinance limits at the adjacent or surrounding properties." "Section 280-143 (A) specifically relates to: "The character of the existing and probable development of uses in the district and the peculiar suitability ofsuch districtfor the location of any ofsuch permitted uses." The subject property is located within the HB zoning district which permits the proposed hotel by special exception,subject to the additional regulations of§280-35B (4) of the Resort Residential (RR) District. The proposed action complies with these additional regulations (see Table 3 in this FEIS). The proposed use of the hotel for special events,with eight to 12 events proposed per year,was evaluated in the DEIS and additional analyses have been included in this FEIS. There are no significant adverse noise impacts projected;however,due to the comments received, the applicant is proposing to engage the acoustic consultant for, among other things, sound measurements for the first event set-ups, strategic placement of speakers, and to train staff on the use of the sound meter. The applicant also proposes to control noise with a limiter enclosed in a restricted plexiglass box to mitigate any noise nuisance to the adjacent residential properties Overall, while the subject property is located in the HB zoning district,the applicant has considered the adjacent residential zoning district and uses in the proposed design and mitigation." Excerpt from Response to C1-19: (Proposed Noise Mitigation During Events) "a comprehensive acoustic assessment of the proposed development has been performed and mitigation to prevent any noise-related impacts during outdoor events have been identified for implementation. The proposed noise mitigation during outdoor events includes the following: • Events will be limited to'eight to 12 events per year (during the late Spring, Summer and early Fall months) during the following times: Friday Evenings from 6:00 PM to 10:00 PM, Saturday day or evening events ranging from 2:00 PM to 11:00 PM, or Sunday day events from 2:00 PM to 6:00 PM; with no events to be held concurrently. • Events hosted on the lawn area would be contained within a tent, with directional speakers placed such that noise would be directed away from the residential properties to the east and sound baffles behind the sound system. • An acoustic barrier will be incorporated into all sides of the tent (for outdoor events) facing the residential properties to the east. • A limiter would be implemented on the sound reproduction system to ensure that the requirements of the Town of Southold Noise Code are met for the amplified sound during these events." Response to Comment C2-24: (Specifically Discussed the Limiter and Procedure for Events,including Noise checks during Events and training of Enclaves staff) "The audio limiter is a similar tool to the audio compressor in that it reduces the dynamic range of a signal that passes through it. A compressor gradually reduces the signal level above a certain threshold, but a limiter completely prevents a signal from exceeding a specified setting. The exact hardware is determined once the audio system has been selected and purchased. Further,the limiter will be placed in a plexiglass box accessible only by management. Calibrating the limiter would need to be completed during setup of the sound reinforcement system for each event. Procedure would include having an individual with a sound level meter stationed at the property line during setup. Once the sound reinforcement system is set up,levels on the system can be increased until the sound levels measured at the property line measure 62 dBA.This limit is lower than the Noise Code limit of 6S dBA due to the fact that crowd noise will contribute to the sound level. In addition, routine checks in sound level at the nearest property line would be performed throughout the event to ensure that sound levels are within Noise Code limits. Should the limiter need to be lowered at any point during the event, Enclaves staff would have the ability to access the limiter.Final procedures will be developed once a specific limiter has been procured so that a manual of instructions is available for Enclaves staff. Limiters may not be as effective for mitigating sound from a live band with drums and could create noise levels in violation of the Noise Code. However, only amplified music that meets the Noise Ordinance would be permitted within the special events tent." Response to Comment H14-3: (Specifically addresses tent,acoustic treatment,barrier passageway, speaker placement,limiter,and the use of a sound level meter initially by Sound Sense and then transitioning to Enclaves staff) "See Response to Comment H4-4 above. All outdoor events on the lawn area will be hosted in tents outfitted with acoustic barriers, which will be brought to the site in advance of the event and removed thereafter. Regarding the tent, there will also be a barrier passageway that will block any direct sound from exiting the tent(see Acoustic Treatment plan in the Acoustic Report in Appendix F of this FEIS). The applicant's acoustic consultant will confirm the barrier location and the speaker placement will also be reviewed and specified in order to prevent a direct acoustic wave from impinging on a nearby neighbor.Also,as indicated in the Response to Comment C1-8 in Section 2.3.1 of this FEIS,regardless of the event or solution set,a limiter is an integral part of the solution. The limiter inhibits any frequency from exceeding a level that is known to exceed Town of Southold Noise Ordinance.Often,this is used to reduce low frequency subwoofer sounds,but it is also beneficial if sounds from songs need to be reduced in the higher frequencies. This would be verified through use of a sound level meter. For the first events held,this verification would be completed on site by SoundSense and then would transition to the Enclaves event staff,who will be trained by SoundSense in use of a sound level meter.All limiters would be housed in plexiglass boxes accessed only by management. The speaker placement with a limiter in combination with the acoustic treatment will address the noise ordinance and mitigate the potential for any noise disturbance." Response to Comment C2-15 (Specifically addresses speaker placement) "The Acoustic Report demonstrates that amplified sound levels of 80 dB(A) are projected to meet Town of Southold Noise Ordinance requirements. Speakers are noted to be pointed to the west in order to minimize direct sound impact to the residences to the east. Also, as indicated in the Responses to Comments C1-8 and C2-24 in Section 2.3.1 of this FEIS, regardless of the event or solution set, a limiter is an integral part of the solution.The limiter inhibits any frequency from exceeding a level that is known to exceed Town of Southold Noise Ordinance.Often,this is used to reduce low frequency subwoofer sounds,but it is also beneficial if sounds from songs need to be reduced in the higher frequencies. This would be verified through use of a sound level meter. For the first events held,this verification would be completed on site by SoundSense and then would transition to the Enclaves event staff, who will be trained by SoundSense in use of a sound level meter. All limiters would be housed in plexiglass boxes accessed only by management. The speaker placement will also be reviewed and specified in order to prevent a direct acoustic wave from impinging on a nearby neighbor.The speaker placement with a limiter in combination with the acoustic treatment will address the noise ordinance and mitigate the potential for any noise disturbance." Proposed Traffic Control During Events Not Addressed: See Responses to C1-9,_H5-6 and H14-15. The excerpted responses are below. It must-be noted that the analyses in the Traffic Impact Study and Supplemental Analyses* indicated that no significant-adverse impacts would occur with the proposed Valet Parking Plan and site design with adequate stacking throat available. *The Traffic Impact Study and supplemental analyses performed for the FEIS with all supporting data should be reviewed in its entirety. Excerpt from Response to Comment C1-9: "To address the potential for traffic impacts on the adjacent or surrounding properties,a comprehensive traffic analysis was prepared and included the preparation of a Valet Parking Plan (included in Appendix C of the DEIS). As further evaluated in the Responses to Comments H14-13,H14-14 and H14-15 in Section 2.3.4 of this FEIS,no significant adverse traffic impacts on or off-site will occur. As further explained in these Responses, during special events,there will be adequate gaps for left turns to safely access the site(with a calculated Level of Service of A for the movement)during arrivals. During discharge,there is adequate stacking throat available on-site, although the capacity analysis projects less than three vehicles in the queue. Furthermore, while decreases in the levels of service were projected for northbound Locust Lane and the northbound 7-Eleven driveway, the changes are not significant. Accordingly, based on the additional analyses prepared by Dunn Engineering, the events proposed to be held eight to 12 times per year will not impact the adjacent or surrounding properties." Response to Comment H5-6: "Traffic associated with weddings and similar events will be noticeable but should not unduly impact traffic traversing Main Road (Route 25). Events such as weddings,will only occur eight to 12 weekends a year, on a single day of each two-day weekend. The remainder of the events would be held at time of reduced traffic volumes. Arrivals to the event will be separated by at least several hours up to four or five hours from entering traffic lessening the impact of the event. Based upon the traffic data provided,peak arrivals and departures are likely to occur over less than one hour. It is expected that peak arrivals would occur over a one-half hour period with some of the event participants arriving before the one-half hour peak period and some later. Further,the nature of the events,with valet parking to be provided,will effectively stagger the exiting traffic as attendees await valet attendants to deliver their cars. The expected noticeable traffic from a wedding,or similar event would occur for two half hour periods,eight to 12 days a year. This is hardly significant." Response to Comment H14-15: "The Traffic Impact Study did not indicate that the intersections analyzed were significantly impacted. Rather, as fully discussed in the Study, there were decreases in levels of service for northbound Locust Lane and the northbound 7-Eleven driveway only. At the Locust Lane northbound approach,the Level of Service went from LOS"E"to LOS"F"while the control delay went from 45.3 seconds to 57.9 seconds. At the northbound approach at the 7-Eleven Driveway,the Level of Service went from LOS"D"to LOS"E"while the control delay went from 29.2 seconds to 38.4 seconds. At the Southbound Boisseau Avenue approach,the LOS"F"remained in both the No-Build and Build condition,with the control delay increasing from 63.4 seconds to 89.5 seconds. It must be understood that these impacts would only occur during the eight to 12 special event periods in any given year, and only for a period of approximately an hour while patrons of the event leave the subject site. Anticipated traffic for weddings and similar events was analyzed assuming the peak arrivals and departures occurred at the same time during the peak hour of Saturday traffic. Special event traffic arrivals and departures will be separated by at least several hours with up to four or five hours of separation. Only one arrival and departure occurrence will happen during the peak hour of Saturday traffic. For instance,if the event is held at 4:00 PM, arrivals will not coincide with peak Saturday traffic (i.e., between 12:00 pm and 4:00 pm) and departures will occur during the lighter evening traffic period. If held at 1:00 pm, arrivals may occur during peak Saturday traffic,but departures will not. The remainder of the events would be held at time of reduced traffic volumes.So,while the increase in delay from 63.4 second to 89.5 seconds on the southbound approach for Boisseau Avenue,as shown by the analysis,is significant,it is also overstated. While eight to 12 weddings or similar events may occur over the course of a year,the added delay on the southbound approach to Boisseau Avenue will occur substantially less frequently for short periods of approximately one-half hour in length. Mitigation for these minor impacts that,at most,may occur for no more than six and most likely less one-half hour periods in one year,if even permitted by the Town Board,is not appropriate." Second Floor/Rooftop Terrace Not Addressed: See,Response to C1-14, C1-19, and H5-5,.as well as the Revised Acoustic Report* submitted with the FEIS. *The Revised Acoustic Report with all supporting data should be reviewed in its entirety. Response to Comment C1-14: "The proposed rooftop terrace is envisioned as a passive sitting and/or reading area consisting of sofas and chairs for hotel guests. The applicant envisions background music with a small bar,but no dining. Aesthetically, the rooftop terrace would be integrated into the space such that there will be no direct view of the space from the ground level.To prevent noise,aesthetic and privacy impacts,the sound system will be a permanent system that has a limiter set to prevent any disturbance to the neighbors. The proposed terrace sitting area is approximately 2,900 square feet with a maximum occupancy of 50 guests. The proposed roofline along the roof terrace acts as an acoustic barrier to the nearest property line. While a direct line of sight is possible to the southeast,the distance of this acoustic path,approximately 220 feet from the center of the rooftop terrace, is more than adequate to attenuate anticipated noise levels along this path. Also, the two-and-a-half story building at the east end of the terrace will sufficiently mitigate conversational sound and background music from neighbors. It is anticipated that the terrace will have limited hours of operation (10AM-9PM Sun-Thurs, 11AM-10PM Fri-Sat). Overall,there are no privacy impacts expected from the terrace." Excerpt from Response to Comment C1-19: "The proposed design measures will also be undertaken to mitigate noise: • The proposed rooftop terrace will have limited hours of operation(10AM-9PM Sun-Thurs,11AM- 10PM Fri-Sat) for hotel guests only. The sound system at the rooftop terrace will be a permanent system with a limiter set to prevent any disturbance to the neighbors. The proposed roofline along the roof terrace-acts as an acoustic barrier to the nearest property line." Excerpt from Response to Comment H5-5: "As indicated in the Response to Comment C1-14,the proposed rooftop terrace is envisioned as a passive sitting and/or reading area consisting of sofas and chairs for hotel guests. The applicant envisions background music with a small bar, but no dining. The proposed terrace sitting area is approximately 2,900 square feet with a maximum occupancy of 50 guests. No special events will be held on the rooftop. Also, the roofline of the building adjacent to the rooftop terrace acts as a natural acoustic barrier,reducing sound levels to the nearest property lines.Further,see Responses to Comments C1-14,C1-19 and C18-1 in Section 2.3.1 and Responses to Comments H14-1 and H14-7 in Section 2.3.5." 1 Regular Meeting,January 7, 2021" TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Zoom Webinar Video Conferencing Southold, New York January 7, 2021 9:03 A.M. Board Members Present: LESLIE KANES WEISMAN - Chairperson/Member PATRICIA ACAMPORA—Member ERIC DANTES—Member ROBERT LEHNERT— Member NICHOLAS PLANAMENTO—Member WILLIAM DUFFY—Town Attorney ELIZABETH SAKARELLOS—Office Assistant DONNA WESTERMANN —Office Assistant 1 ti ?gular Meeting January 7, 2021 _. WORK SESSION (ENCLAVES#7046SE) Page 3 - 14 ORGANIZATIONAL MEETING Page 14- 18 INDEX OF HEARINGS Hearing Page Sally Hull #7448 19 - 22 A.W. Frame, LLC#7449 22- 25 Elizabeth W. Furse#7450 25 - 29 Adam D'Accordio#7451 29- 35 Louis A. Nardolillo and Erin A. Nardolillo#7457 35 -43 Bill and Joan King/Old Salt Road, LLC#7453 43 -48 Thomas Ryckman and Pamela Wilson #7454 48-56 D. Cannizzaro APRT/John Miltakis#7455 56- 60 Ira and Susan Akselrad #7456 60- 64 2 Regular Meeting-,January-7, 202pi=' WORK SESSION (ENCLAVES#7046SE) CHAIRPERSON WEISMAN : Good morning everyone and welcome to the January 7, 2021 Meeting of the Board of Appeals. We are about to enter into a work session but before we do that I need to read the following notice, due to public health and safety concerns related to COVID-19 the Zoning Board of Appeals will not be meeting in person in accordance with the Governor's Executive Order 202.1.The January 7, 2021 Zoning,Board of Appeals Regular Meeting with public hearings will be held via video conferencing and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and will be permitted to speak. So we have concluded executive session,we are now in work session and this is an open meeting before the public, the public is invited to listen. During this work session the Board will be listening to the representatives for the application known as The Enclaves. This is not a public hearing, it is being recorded and there will be a written transcription of this work session. So without further ado let me ask Liz to see who would like to come in as panelists from the Enclaves team.There's a whole bunch,of attendees that I know are here for that purpose. We can do this whatever way since we received a letter from Mr.Altman perhaps he should be the point person bring him in and then ask'him whoever else he would like to have brought in okay. Can you do that please? Good morning Mr. Altman can you hear us? DAVID ALTMAN : Yes good morning everybody, Happy.New Year to everyone. I hope all are healthy and safe. CHAIRPERSON WEISMAN :You too.Thank you for joining us. Is there anyone else that you would like us to bring in as a panelist at'this time or do you want to call on them in a particular order or how would you want to handle it? DAVID ALTMAN : Madam Chair I had a few short comments related to this application I want to keep it brief but to the extent there are perhaps any technical,questions I would ask perhaps that Kim Genero and Brian Grogan at least be admitted as panelists now. I believe the applicant's principals John Tibett and Andy Giambertone are with us as well and we also have representatives from Sound Sense who conducted the sound studies for this project as well as Dunn Engineering who designed the traffic and parking studies for the project. We'll keep those folks sort of on the side unless there are any questions.`In terms of our presentation today we wanted to sort of keep it pointed towards moving this project along and I know the Board is well aware that this matter has been around now with the town particularly before this Board, we're now approaching my understanding close to four years having started in early 2017 we are now 2021 and we would very much like to move this project alongto a public hearing stage as it relates to the special use permit for the hotel itself.The vetting process and the SEAR disclosure process though scoping has been extensive, there have been rather extensive submissions made by the applicant along the way. We have responded to just about every reasonable request that has 3 r:2gular Meeting January 7, 2021 , been made of the applicant in terms of submitting data,conducting-studies providing reports and ` I believe that at this point the applicant has fully and fairly addressed any comments and concerns and it is our profound wish at this point that the Board having received all the applicant's submissions consider the FEIS complete and'accept it as such and render it's finding hopefully of a negative declaration in that regard. I will say this and I'm not going to get into substance of discussion again cause it's not a public hearing,and I don't think it's the right forum but just as a general summarization 'of this project, I've been doing zoning and land use work for thirty one years and this is one of the most responsible conscientiously developed projects that I have ever been involved with.You have a site that is almost seven acres in area, it's 14.6 times the minimum lot size for the applicable hamlet business zoning district.You have minimum landscaping of 25% (inaudible) and the applicant is providing almost 60% 'of landscaped area and the permitted maximum lot coverage of 40%where the applicant is proposing only 16.6%for a forty four room hotel with four cabins. It is by any stretch of the imagination a modest, conscientious project and we hope that this Board recognizes it as such. I must admit that I have been involved one way or another with this property for the better part of twenty years and having first introduced in another life with another client for this property and here we are twenty years later and the property is still sitting(inaudible). It's not doing anyone any good, it's not producing tax revenue, it's not producing sales tax revenue, it's not'producing jobs, it's time to put this property to work and we hope that this Board will in its collective wisdom do so and allow the applicant to move forward.That's our comments today folks so if there are any questions of myself or my colleagues we're happy to answer it but we will urge the Board to accept the findings of the FEIS, issue the Negative Dec. and'let us move on to the Special Use application. CHAIRPERSON WEISMAN : Our goal is also to move the project forward which is why we are having this work session to make sure that we're all clear on various issues. However I believe Bill Duffy ourTown Attorney informed you that the Board itself is really here to respectfully listen to what you have to say. We are not going to particularly question or answer questions or ask questions cause it isn't a hearing but we do have some comments I think from our consultant with regard to the sole purpose of this meeting which is about the FEIS and SEAR, the SEAR process. Carrie if you'd like to make a few comments about the applicant's submission. CARRIE O'FARRELL : I think we want to listen to what they have to say. The Board collectively directed us in the preparation of the most recent comment letter which you have in hand. There are a number of concerns that were identified in that letter particularly with respect to noise related to the outdoor events that are being proposed and also traffic related to those events. we have asked for and identified information that is necessary, information gaps,that were not provided and the case needs to be made by the applicant that noise and traffic impacts have been mitigated and we have identified areas where additional work is needed. We're interested in what you have to say.Your letter seemed to indicate that you felt those areas were addressed. 4 - _-- - t Regular Meeting January 7,-2021_,:_,_. The Board in our noise and traffic consultant have again identified gaps that are necessary to be addressed. For instance crowd noise and significant concerns over the mitigation measures that have been offered to address noise during special events and how those can actually be enforced. We're happy to hear how you can address those today. DAVID ALTMAN : With all due respect Carrie I would have to say we have addressed them and we have addressed them in depth and at length over the course of this SEAR review process. I am not quite sure at this point what else you're looking for from the applicant but Sound Sense along with PW Grosser has responded to and addressed each and every one of your concerns. If Kim is there, Kim if you want to sort of chime in on this one and if you have any comments I would appreciate it. KIM GENNERO : I think the issues right now are noise and traffic. I mean we do have Sean Harken with us here,we have Ron Hill and we also have Bonnie Schnitta from Sound Sense. I would agree that at this point I don't know what else we can provide.The applicant has provided a list of active mitigation measures to limit and prevent noise and to comply with the town ordinance and I don't know how much more we can do at this point. Maybe let Sean Harken and Bonnie Schnitta in and Ron Hill as well for traffic. CARRIE O'FARRELL : So I can be a little more clear and specific about where there is concern and this is identified in that letter but specifically there are very pointed questions with respect to crowd noise and how that would be addressed. There is a concern that the mitigation offered require human intervention and human you know such as a limiter on a sound system, bands and other live mu,sic was not addressed and how that would be properly mitigated. The use of tents and how that would be done in summer events and how that adequately addresses noise has not been answered. There is significant concern that again while this is a hamlet business district it adjoins a residential use and how to ensure as required on a Special Exception criteria that noise from those special events does not adversely impact the neighbors given that the setting that this proposal is in there's significant concerns from the Board. The measures that are proposed it is not clear how they can be enforced to ensure that you have addressed all sources of noise. KIM GENNERO : Well I think at this point it would be fair to allow the noise consultants into the conversation so they can take you through the mitigation as proposed and outlined -in'the document. I think every one of your concerns has been addressed in the document. DAVID ALTMAN : I would agree with that and with all due respect this is I think rehashing what is already been (inaudible) asked and answered on more than one occasion the fact that MEMBER DANTES : I think what we might be asking is just more plain language as opposed to the engineering. Like let's say the band goes on at 6 or 9 or whatever and then they crank up the 5 nz;gular Meeting January 7, 2021 volume and everyone is obviously drinking-alcohol what's the procedure, what happens maybe that's what we're looking for. CARRIE`O'FARRELL : and specifically something that has not been addressed to any kind of adequacy is how are you addressing crowd noise?To that point, if there is music and you know you have two hundred people understandably having a party in an adjoining location that adjoins a residential area how do you control that number of voices and crowd noise or something, that was a significant concern in addition to amplified music. CHAIRPERSON WEISMAN : Kim would you tell us the names again of the people you want us to bring in as panelists? DAVID ALTMAN : Kim why don't you have the folks from Sound Sense just to chime in for a second. KIM GENNERO : It is Sean Harkin and Bonnie Schnitta. CHAIRPERSON WEISMAN : Liz can you let them in please. OFFICE ASSISTANT SAKARELLOS : I don't see a Sean Harken is he the phone number? CHAIRPERSON WEISMAN : Bonnie Schnitta is on here but there's a phone number rather than a name that might be. KIM GENNERO : Maybe if we let Bonnie in and she can maybe Bonnie,and Sean are together. MEMBER DANTES : What was the other thing that we were asking for, the underlying data from one of the studies, which one was that,the sound study? CARRIE O'FARRELL : We had separately reached out to I see Ron Hill is on but we had separately reached out on the (inaudible) analysis that was requested imorder to understand and help verify the model to calibrate and validate the model we asked for a gap analysis to be done. We're looking for the raw gap data count and the methodology used to collect the data that was an email that we sent recently just to verify what was submitted. DAVID ALTMAN : When did they send that email, it didn't cross my desk. CARRIE O'FARRELL : It went out on Monday so I can forward it to you. It came from, it was between the two traffic engineers. DAVID ALTMAN : If you wouldn't mind I'd appreciate it. CARRIE O'FARRELL : Sure. 6 -- -_� Regular Meeting January 7, 201i' DAVID ALTMAN : Thank you. Bonnie is on, they're both there,they're both in the same room. CHAIRPERSON WEISMAN : Good morning. SEAN HARKIN : My name is Sean Harkin. With regard to the crowd noise, there were questions brought_up in Nelson and Pope's most recent comments regarding the reference data that was used for the crowd noise and while the comments did reflect that the methodology used for the crowd noise and the raised vocal (inaudible) levels from standardized documentation was acceptable the data needed to be provided. That data was provided in the most recent submission and revised comments to the FEIS. CARRIE O'FARRELL : Okay we will need to review it. Our review was somewhat limited at this point based on the response and the comments that we received. Can you elaborate on how that crowd data, how the crowd noise relates to the noise measurements on the property perimeter? SEAN HARKIN : So the analysis performed included-there were different perimeters run as far as the two hundred fifty person wedding,fifty person parties with raised and (inaudible)vocal effort levels based on documentation and I apologize I'm just opening up to the specific table so I can give specific numbers. BONNIE SCHNITTA:While Sean is looking that up I just want to make a comment for those of you that are not familiar with myself and the company Sound Sense. My background is that I have a Bachelors in math, a Masters in Mechanical Engineering and my PhD is in signal processing. I originally did work for Darper where I mathematically modeled signal and noise, that's what signal processing is. In the eighties I started my company then called Southfork Technological Consultants and it was acoustical consulting as most acoustical consulting firms are. What I realized is that on many occasions there might be a failure in the solution set and the reason why and I went out and looked and determined this and the reason why is because either material had been swapped out or it had not been installed properly. Consequently I went I think at this point almost twenty patents now. I patented materials, developed materials as well as the testing methodology for installation. When we give a sound sense solution as you may see in our reports we give it as a sound sense product or equivalent and what it does is it requires whoever is doing the installation if it is not us,to submit to us what their equivalent is. I found one of the problems is it would look just like it or there would be a vendor who is selling them something and they got all excited because it was half the price not realizing it had no acoustic value. Within my background I have extensive experience in terms as well as a .data base relative to any type of mathematical modeling of how sound travels whether it's in the air, in the water or through media. We never rely on only that whenever we do something, we do it supportive of any type of well published data so that we can do a comparison of what is published data versus what we have in our data base. With that I'm going to turn it back to Sean. 7, --gular Meeting January 7, 2021 SEAN HARKIN : So with that being said the comparison with the two hundred and fifty person wedding expected at the various locations on the property ambient noise levels range from 45 to 43 dba and expected dba as noted in the acoustic report ranged from 50 to 53 dba where the day time Southold noise ordinance is 65. CARRIE O'FARRELL : Can you speak to the question of how audible that would be at a property line, the difference from you know 45 to 50 you know lower 50's? SEAN HARKIN : The difference of 6 to 8 decibels relative to ambient would be expected,to be audible but the degree to which it's audible is greatly dependent from person to person and is dependent on the specifics on any given time period. CARRIE O'FARRELL : Can perhaps I think for the benefit of the Board it would also be helpful for them to understand how your measures proposed for instance around the tent would work in a summer event you know you're proposal is outdoor events, would have tents which would help to address noise issues. I think a lot of the concerns were how would those tents really operate on a not summer night, is there a need to have air flow and how do you ensure that that tent is actually kept shut or properly maintained during the duration'of an event. SEAN HARKIN :So as far as the question of air flow that would I think have to be a discussion with the applicant when this is implemented but it is certainly a possibility that some type of perhaps a forced air with a confined opening is created to allow for some type of air conditioning to cool the tent. Noise from any external air conditioning could certainly be mitigated through the use of enclosures and noise mitigation measures. I don't think there's any question about that on our side. We deal with HVAC disturbance all the time and any HVAC noise impact and we know that each HVAC noise can be mitigated. In fact some of Bonnie's patents that she was referring to are for specific low pressure drop (inaudible) CARRIE O'FARRELL : To be clear, are you saying that all the tents will be air conditioned during the event? SEAN HARKIN : I'm not making any commitment to that. I'm saying that you're asking if there would necessarily be air flow into the tent or if there would need to be air flow. I'm saying that it's a possibility that there is and even if some type of forced air conditioning were utilized and if that were found to be necessary then any impacts from that can be appropriately mitigated. CARRIE O'FARRELL It's the evaluation that you did on crowd noise assumed that all crowd the imparity of the crowd is within the tent, how do you address entering and exiting during you know the events particularly an evening event? 8 Regular Meeting January 7, 2021 SEAN HARKIN :The crowd noise that was completed does assume individuals inside the tent. As far as entering and exiting the tent the noise mitigation plan' provided also accounted for additional acoustic barriers along the entrance and exit for the tent that would provide noise mitigation along the entrance and exit. CARRIE O'FARRELL : I guess that's something that there wasn't a lot of clarity on as people walk through the parking lot how does that really work particularly because the overflow parking'is in proximity to the residential area which is what would you know the parking that would be used for the special events. SEAN HARKIN : Yes, when we're talking about people entering and exiting the tent as well we're also talking about far less noise sources condensed into a small area so we're talking more about individual noise sources, people coming in here and there and we understand that at the beginning and end of an event you would have more people but it's not two hundred and fifty people in a condensed area immediately together.We're talking about a much different situation at that point. MEMBER DANTES : Can I ask a question,Leslie? CHAIRPERSON WEISMAN :Yeah. MEMBER DANTES : Let's say the hotel is booked, the restaurant is booked solid what's the difference in the noise when you have the tent going with the pool and everything else? I mean how much of an increase is there? SEAN HARKIN : Noise impact from the pool was found to be at the background sound levels so there's expected no noise impact from the pool area. MEMBER DANTES : No,what I'm saying is how much of an increase does special events increase it over just a general course of doing business like the rest of the business plan? SEAN HARKIN : So we're talking about that difference that I was referring to before of the 6 to 8 decibels. CARRIE O'FARRELL : Again I guess I think the Board needs some clarity on how you ensure that the noise is contained within the tent because the model is assuming that everything is closed up you know the tent is completely encapsulating the noise. SEAN HARKIN : So that's something that we would have to perform inspections as this is implemented for the first time because if mitigation isn't implemented correctly then the client as projected would not meet the noise ordinance. 9 t gular Meeting January 7, 2021 CARRIE O'FARRELL : Is the applicant offering to have monitoring at every event in order to ensure that the policies are enforced, that the noise mitigation is properly installed and maintained throughout the duration of the event? How is it enforced is one of the biggest concerns of the Board. DAVID ALTMAN : I think that's if it's a reasonable request with reasonable measures to determine ambient noise with an event going on yeah there's no reason why the applicant wouldn't check during the course of an event to make sure that it's you know consistent with the town's noise ordinance. That's fine. BONNIE SCHNITTA: I'd like to inject this because it feels I get a sense that a concern over whether or not this is actually something that can be done as if it's never been done before and we have done this before where we take an existing condition,we know what the problems are,we know where the boundary line is, we know what the code is. As an example when I was working with Monty,at Gurney's when he was there it was a situation where this band was going to be coming in and let me tell you it is nothing like this. It's like ten times louder would come in on a weekend, it was called day and night and the question was is that even possible? What I did is I went and Sean was with me on this and we went and we did the analysis to determine what needed to be done. It was a type of a partial enclosure and it had to do with yes there was airflow and understanding airflow with people going in and out constantly but it was identified as to what the procedure needed to be for that specific thing and I have to tell you it's at the point where you're making that decision and you're saying this is where the speakers are, this is where the band is, this is what the structure is and it really was nothing more than we took some clear acoustic material and put it in certain locations. I went with Monty the first time and I inspected, I told him all the little things that needed to be changed so what would work. That was number one and number two is, at the time prior to the event I met with the DJ and we identified any certain frequency that was above code we adjusted it to what it needed to be so it met code and in some instances that it was inaudible and other instances where it was slightly audible but it met code and that everything was adjusted and then set with a limiter.So it is possible, absolutely and we have done this before and it's a matter of you know until'you actually someone says this is the area, this is where it's located, these are the number of people and this is the flow all you can do is say yes we have done this before. I'm hoping that gives you a better level of security in the decision in that we have done it before and yes it's monitoring and really it's one time and then I taught Monty himself how to do that verification prior to an event only'because they were only on weekends and it had to be me and I didn't want to spend every Friday night going there and doingthe adjustment but in other instances where it was on a different night and I was willing to commit myself or Sean to taking readings then we would do the readings. 10 Regular Meeting January 7, 2021 CARRIE O'FARRELL : You know I'm not clear, is the applicant proposing that this set up would be done prior to each event and monitored throughout? Is that a commitment that is being made? It sounds in all due respect it sounds a little wishy washy so what is the commitment is what the Board is interested in? DAVID ALTMAN : The applicant is certainly going to perform a sound check before any event to make sure it's compliant and I think we would monitor randomly throughout to make sure we're complying. CARRIE OTARRELL : With professionals? MEMBER DANTES : I think what we're asking for is a narrative just saying how the events work and how monitoring it and enforcement is going to work. That's kind of what we're CARRIE OTARRELL : and a commitment on how it can be enforced. DAVID ALTMAN : What do you mean a commitment on how it can be enforced? CARRIE OTARRELL : I think the Board needs to understand what the applicant is-offering to what commitment the applicant is offering to ensure that the noise mitigation is being installed and monitored by a professional that has the qualifications to do that to ensure that it is addressed. The concern-1think was that the owners of the hotel are more concerned with their client being happy that the wedding is going well for instance and not necessarily concerned about you know the details of the noise mitigations being set up every weekend for an event or every time an event is held. So the concern is that again you have residential properties immediately adjacent, how do you ensure that that is done every time? DAVID ALTMAN : I think you're premise is a bit off and it's as equally as important if not more so that this be done and be done correctly because the applicants are going to have a substantial investment in this project. They're also members of this community and it's important that it be done correctly without incident because it assures the future viability of the business itself and it makes sure look listen we're all a happy part of the same community that's the objective so to the extent,you want a written narrative I don't have a problem giving that to you and we can certainly discuss the monitoring during an event as well as who will be doing it and what the training measures are. I think Bonnie has sort of made it clear that it can be handled after you know after an event or two by staff following her instructions so that's fine I don't have an issue with that. CHAIRPERSON WEISMAN : In'the interest of our agenda it's 9r-36 now, we were going to go till 9:30 so what I'm going to ask is if there are other from either the'applicant's experts who are with us today or Carrie if there are any other comments or points that you would like to make 11 .,,:;;gular Meeting January 7, 2021 please do them now so that we can kind of stay close to our time frame on the agenda. I think Carrie you had something you wanted to ask and then I want to turn it back over to David and you know the others. CARRIE O'FARRELL : I think the other part of what the Board was concerned about was the lounge the second story lounge and how the noise would be addressed from that given the elevated and open nature of that proposed area. CHAIRPERSON WEISMAN : I will say one thing although we're not really here to comment specifically, we do know our neighbors, we know our community and we are you know able to kind of appreciate given the experiences that a lot of people in that neighborhood have had with a property called Founder Landing that's over on the bay side which often involves music and special events that the sound carries so dramatically that we want to make sure that we've covered all the bases that we can move forward with this project with confidence that it will be a good project in our neighborhood that people who live there are not going to be upset about. Nobody wants to set up a situation where there's adversarial you know experiences with the neighbors every time something happens on that property. That's not the way any of us want to proceed including all of you who are here to represent the applicant. So this is why we want information that is intelligible to a lay person because the public is going to be looking in on this carefully and we want them to be assured that you've done everythingthat your expertise allows you to do that will mitigate any possible problem that they might have with traffic whether it's data that verifies traffic impacts will be minimal.We do understand there's a difference between traffic generated by destination you know like going to stay and check in and check out of a hotel and any other kind of activity that would be generated by special events where more people would be gathered temporarily, different kind of impacts. We want to make sure that the raw data is there and you've just said you've submitted it so we'll take a look at that.This is why we're talking,we're listening we appreciate everything you've said and if you'd like to comment further our goal is the same as yours, move the project forward. DAVID ALTMAN : We appreciate that Madam Chair and I think the efforts that the applicants have made throughout the course and as we're discussing here today in my opinion are candidly in many instances above and beyond and I think that goes to demonstrate the level of commitment and willingness to cooperate and make sure that this project is best for all not just the applicant but the neighboring community and I would hope that this Board would see that. I think with regard to the traffic that data has been provided so in that respect and it's my understanding that the traffic studies and the data show no adverse impact as a result of this operation so essentially as I understand from today's discussion really the only open item that this Board is looking for a little clarification on is sort of procedure relative to noise mitigation measure for events and we can certainly craft a narrative and provide that to you. 12 1 _ Regular Meeting January 7, 2021 CARRIE O'FARRELL-: The issue of traffic control during special events is still something-tKdt is unresolved I would say at this point so that is something we still need to evaluate. Your traffic study does show a significant impact,a' significant delay on the road during a special event so what mitigation is offered to address that during a special event is something that was requested. CHAIRPERSON WEISMAN : I so see that Andrew Giambertone has a raised hand. You want to bring him in as a panelist? ANDREW GIAMBERTONE : Good morning, my video hasn't come up. First I'd like to thank the Board for affording us this opportunity to speak before you. For myself and my partner John Tibett what I want to try and make clear is with the same respect that we've shown with the development of the site plan and why we located the building the way we,did to basically encompass all the noise and activity with its back towards the neighbors we would take the same approach when it comes to special events: We'd be happy to provide a plan as the permit is required for a special event, we'd be happy to develop a plan that shows what would happen and we recognize that it's critical to the success of that plan for ongoing events. So it's to our benefit to make sure that the town is satisfied with the measures we put in place. We hired the best experts available when it comes to creating mitigation issues in terms of who is readably available. Bonnie Schnitter is an expert in this field. She's not just another consulting engineer or an engineering firm, hat happens to have an acoustical department. She is the person that,we speak to when it comes to this. Same with Dunn Engineering, Dunn Engineering has,been doing traffic studies in that area for years and years and years. We've spent an inordinate amount of money securing the best experts we can because we wanted to demonstrate to the town that it's our committed effort to make sure that this project is successful not just for ourselves but for the community as a whole. We've invested a tremendous amount of money not just in this property but in surrounding properties and every one of those projects. It is our intention to better those projects,for the benefit of the community as a whole.This is not a one and done for us. This is the beginning of what we hope will be a transformation for the downtown area in Southold.You can look by what we've done in the way of property purchases over the last several years and see what we're doing on those projects and recognize the commitment we've made to this community. So it is not our intention in any way shape or form to become a nuisance for this town. It's our intention to become a pinnacle and a bar by which somebody else would be held to. When it comes to projects like Founders Landing you have to understand that that's a project on the open water bay and sound carries tremendously differently than it does in an enclosed area such as a tent on a landward piece of property. I would be curious to see what the level of road noise is in front of the IGA or even any of the residences along the road where their houses are only twenty five or thirty feet off the road on an average day relative to the noise developed by our special events. I feel that we're happy to accommodate any concerns the town has when it comes to both traffic and with sound but we are committed to making this project successful 13 T ..egular Meeting January 7, 2021 for the benefit of all. So I'd just like to leave the town with that assurance, whatever is required of us as long as it's reasonable we're happy to accommodate and I think when our project is up and operational you will be able to demonstrate that we're willing to put our money where our mouth is. Thank you. CHAIRPERSON WEISMAN : You're welcome and I think that's a good way to conclude unless anyone has any final other things to say. DAVID ALTMAN : No Madam Chair I think that's it on our end but we certainly appreciate your time and your input and again Happy New Year to everybody and please stay safe and we will endeavor to get you the narrative information on sound that you've asked for. CHAIRPERSON WEISMAN :Thank you very much and thank all of you for joining us this morning. DAVID ALTMAN : We appreciate you allowing us to speak. Take care everybody. CHAIRPERSON WEISMAN : You too. If you'll all sign off now we'll get on to our Organizational Meeting agenda. ORGANIZATIONAL MEETING CHAIRPERSON WEISMAN : Let's move on to item three on the agenda our Organizational Meeting. We have three documents that we review annually at this meeting you all have copies. You've all reread them for a refresher of what's in them I hope. The first is the ZBA procedural guidelines, next is the code of conduct and after that guidelines to open meetings law and ethical issues. Does anyone have any suggested changes, edits like that or are you okay with the way it's written at this point? Okay well then hearing no comments I'm going to make a motion to re- adopt the ZBA procedural guidelines, the code of conduct and the guidelines to open meetings law and ethical issues as currently written. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. All in favor please raise your hands up this is not a resolution per say it's a motion. Okay it carries unanimously. Next thing on this agenda we're going to review the templates that we use in writing draft decisions. Now they were resent out to everybody and you know over time we do add language here or there particularly we add language that has to do with conditions that may be applicable to a granting a variance in particular though not just variances. We did have a discussion as you'll recall with the Building Department with John Jarski regarding the language to use with describing non- habitable space so that it was extremely clear to the property owners what we mean by that and 14