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HomeMy WebLinkAboutAccepted DEIS - Notice of Completion - 09/2019 I " h Qtwp.ga a NELSON, POPE VOQRHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING www nelsonpopevoor BOO R C p,,,,,J ie"' 0 MIEWORANDUM OEC - 9 z0i9 Zoning E°ara �f To: Leslie Weisman, Chairperson; Members of Southold Zoning Board of Appeals From: Carrie O'Farrell, AICP, Senior Partner Date: 12/9/19 Re: The Enclaves Hotel and Restaurant Draft Environmental Impact Statement("DEIS") Nelson,Pope&Voorhis, LLC("NP&V")has reviewed the accepted October 2019 DEIS for"The Enclaves Hotel and Restaurant" Special Exception Use Permit("SE Permit"). The purpose of this review as described in this memo is to assist the ZBA, as Lead Agency, in a technical and substantive review of the DEIS to help to ensure that all potential significant impacts have been properly analyzed and that appropriate impact prevention and mitigation strategies have been identified to minimize potential impacts to the maximum extent practicable. Comments associated with this review must be addressed along with any other substantive comments received from the Town, other involved and interested agencies, and the general public in a Final Environmental Impact Statement("FEIS")to be prepared after the close of the public comment period (December 9, 2019). 1.0 Technical Review Comments Site Plans submitted with the DEIS • A transitional buffer is not provided along the proposed access driveway on the east side of the property. While the lot adjacent to east is not residentially zoned, it is a residentially used property. A limited landscape strip (approximately 4' wide) is shown between the driveway and property line. This landscape strip should be evaluated as it does not appear to provide adequate area for the 14'-16' Leyland Cypress proposed within the strip. Appropriate screening to preserve privacy on the adjacent residentially used properties, reduce visual intrusion from cars/headlights entering the site, and noise abatement is necessary. The site plan should be revised to provide a more compliant transition buffer at the southeast corner of the site as noted by the Town Code(§ 280-94 B.(1)). The site plan should also be updated to include dimensions for all required zoning setbacks, as well as the dimensions from the eastern property line to the new building. • The Landscape Plan and Details (Sheet C-400) shows several existing deciduous trees that will be retained along the easterly property line adjacent to residentially zoned and CORPORATE OFFICE HUDSON VALLEY OFFICE 572 WALT WHITMAN ROAD,MELVILLE,NY 1 1747-2188 156 Route 59,Suite C6,SUFFERN,NY 10901 PHONE (631)427-5665 • FAx (631)427-5620 PHONE.(B45)368-1472 • FAx (845)3BB-1572 (3�0 I q �s DEIS Review The Enclaves Hotel and Restaurant developed land identified as "now or formerly of Dolomite;",however, the remainder of the easterly buffer is proposed to consist of a double or single row of evergreens. The preservation of mature trees, helps to provide diversification of species and improved buffers that are permitted by the Code (§ 280-92 D.). However, these deciduous trees do not provide a buffer for areas below the canopy or during winter months. Additionally,the hotel is proposed to be two stories(24' in height) where the proposed hotel room windows face the residential properties to the east. The proposed Leyland Cypress trees to buffer the eastern property line are 14'-16' in height. While these are fast growing evergreen trees, the second floor rooms of the hotel would have unobstructed views into the residential properties to the east for several years while the trees mature. Additional measures are necessary to adequately screen the proposed hotel rooms relative to the existing residential uses to the east and demonstrate conformance with Section 280-94 C. of the Code. Additionally, increasing the distance between the property line and the hotel building would also aid in improving the buffer between the two uses. • What screening/enclosures/fencing are proposed for the proposed sewage treatment plant? The DEIS indicates that odor control will be provided,which requires the continual use of fans for operation. The location and any screening to address the noise'of the fans should be addressed,as well as any area limiting fence or measures proposed for security proposes. The sewage treatment plant will also require that a sludge truck access the building regularly for maintenance. The site plan should demonstrate adequate access and circulation for a sludge truck to the STP building. • The location for the proposed garbage area is proximate to the neighboring residential land uses. The applicant should relocate the garbage enclosure away from the residential land use and provide details of the proposed enclosure (plantings, height, the materials to be used, etc.). • Since overflow parking is being proposed in the vicinity of the restaurant which is anticipated to be occasionally used by hotel guests,then a pedestrian walkway or sidewalk should be installed to connect these two areas and provide safe and convenient access. • It appears that one of the outdoor lights along the westerly property boundary next to the entrance to the hotel as shown on the "Site Lighting and Details" plan (Sheet C-500) exceeds the lighting standard under § 172-5.C.(1), which states that the maximum illuminance at the property line between two nonresidential properties may be as high as 0.1 foot-candle ("FC"); however, the data provided on the lighting plan indicates that the levels at this location are between 0.1 and 0.5 FC at the property line. Therefore, several statements in DEIS (pp. x, 6, 77, 84, and 120) indicating that there would be "no off-site lighting impacts" from any of the light poles proposed seems inaccurate. The applicant should confirm that the proposed lighting plan will be designed in compliance with the Town Code,which would therefore result in no off-site light pollution. • The Proposed Drainage and Grading Plan shows several catch basins, leaching pools,floor drains,a swimming pool drainage structure,and pervious overflow parking areas to address runoff. Page 38 of the DEIS, first paragraph under "Stormwater Runoff and Drainage," mentions the use of swales for controlling drainage; however, there is no indication as to where these swales will be located, their size or any other pertinent information and they are not shown on the proposed Site Drainage and Grading Plan (Sheet�C-200). NP&V A Page 2 of 6 DEIS Review The Enclaves Hotel and Restaurant notes that there are opportunities to incorporate green infrastructure improvements such as rain gardens, vegetated swales, or other bioretention features into the project design, to enhance the appearance of the site and provide visual interest in certain locations, while containing, controlling, treating and recharging stormwater runoff. Please provide a description of any proposed green infrastructure, their locations on the site, and relevant details . Draft EIS Comments • Executive Summary, page viii, fourth paragraph discusses that the applicant anticipates 8- 12 special event permits per year. The DEIS indicates that such events would likely consist of weddings, fundraising events, etc. and that larger events would be hosted on the lawn area adjacent to a proposed pond. The noise analysis indicates that events would be limited to 6pm to IOpm on Fridays,2pm to 1 Ipm on Saturdays and 2pm to 6pm on Sundays. The DEIS has identified a number of mitigation measures to address noise (use of sound barriers,noise limiters,etc.). However,the applicant has not provided a means for ensuring the proposed mitigation measures are followed and therefore effective at mitigating the potential impact. (For example, who is responsible for adjusting the limiter and checking the noise level at the property line of sensitive receptors?) Based on the comments identified herein related to special event noise and traffic concerns, the applicant has not adequately addressed how these special events conform to the Special Exception ("SE") criteria contained in Section 280-142 (A, B) and 280-143. • The following factors associated with the SE Permit standards for the hotel use should be addressed: o Page 82, Subsection A. (SE Permit standards review): Applicant should discuss the zoning and indicate conformity or lack of conformity to zoning, the property's location relative to the Hamlet Center and residential neighborhoods,the LIRR,and changes to and preservation of the restaurant. o Page 83, Subsection C. (SE Permit standards review): Please briefly discuss the 7- 11 convenience store and Salone Dei Capelli accesses/egresses relative to site access/egress and how the proposed project will affect traffic congestion and public safety. Please indicate mitigations if needed. o Page 85, Subsection G. (SE Permit standards review): Please discuss how the elimination of on-street parking in front of the site may affect public parking for other land uses in the area. Is it currently used?How many spaces would be lost? Is this an impact, and if so, what if any mitigation is proposed? o Page 86, Subsection M. (SE Permit standards review): A discussion of conformance or lack of conformance to use and dimensional zoning requirements should be provided. • The DEIS indicates that a proposed rooftop terrace would be used for gatherings, however very little information is provided regarding this feature. A full description including but not necessarily limited to its size in square feet and capacity in terms of total number of people, its purpose, when it would be used, whether there would be amplified sound, dining, a bar or any other significant element or activities on the roof, and the potential for any noise and visual/aesthetic impacts and intrusion on the privacy of adjoining neighbors. -,Ir` Page 3 of 6 DEIS Review The Enclaves Hotel and Restaurant A thorough description of the techniques and methods for preventing noise, aesthetic, and privacy impacts on adjoining neighbors must be included in the FEIS. • The roof of the hotel will be flat. Will HVAC units be located on the roof, and if so, will these features be properly screened to prevent or mitigate visual and noise impacts? • The DEIS indicates that odor control will be provided for the proposed STP..Please outline the Suffolk County Department of Health Services requirements for the design and ongoing maintenance requirements to ensure that the odor control system remains effective over time. • Page 47 of the DEIS states"[w]ith respect to pesticides,the landscaped areas will be treated organically at first; if the organic treatment fails then specific, approved pesticides will be utilized.The application of these pesticides will be limited to the impacted areas and would not be spread across all of the landscaped areas."Who will be responsible for implementing this recommendation and how will this standard be implemented/followed or enforced during the critical period of plant survival? • Page 98, No. 2 under the heading, "Scenic Southold Corridor Management Plan, 2001": NP&V recommends providing a pedestrian link (sidewalk and/or path) between the hotel and restaurant to enhance pedestrian connectivity to the restaurant/hotel and ensure public safety. Also, it should be noted that signage must be consistent with Chapter 280 Article XIX,"Signs,"and be sensitive to and consistent with the historic character of the restaurant building and Hamlet. • Pages 103-106, the following considerations should be discussed relative to "Table 16 - Consistency Analysis with the Town of Southold LWRP": o Page 103: The response to Policy 1 should also indicate how the proposed project will protect the residential character of adjacent residential development to the east in terms of lighting, noise, landscaping, and signage. o Page 103: The response to Policy 4 does not indicate how stormwater runoff and flooding will be controlled on and off-site and doesn't discuss any green infrastructure as suggested in other parts of the DEIS. o Page 105: The response to Policy 8 should discuss dumpster enclosures on-site, how they will be enclosed and-the characteristics of the enclosure to prevent errant trash from being blown into the street or on to adjoining properties, and how dumpsters and possibly dumpster enclosures will be screened from public view and adjacent residences. o Page 106: Regarding Policy 13,please clarify or confirm that the historic restaurant building will not include solar panels on the roof and that the panels would be mounted on the hotel building only. • Page 113 of the DEIS states that the S92 bus route passes by the subject property every hour in both directions between 7:00 AM and 7:00 PM. Please indicate whether there is a bus stop nearby or whether there is the potential for a new bus stop in the area. • Subsection 3.6, Page 137: Due to the potential occupancy of the hotel, it is expected that before a Building Permit is issued,,that the Fire District, Building Department and/or Fire Marshal, as applicable,will ensure that any fire hydrants that may be needed are installed, emergency access is sufficient, and that the hotel and restaurant are built to applicable :_ ���` Page 4 of 6 i DEIS Review The Enclaves Hotel and Restaurant building and fire codes. Text in the DEIS states that some responses from emergency service providers are pending. If responses have been received from community service providers, please provide those responses and indicate if any actions will be taken to address the comments. • The photos and renderings submitted' do not clearly show the visual impact to' the streetscape and neighboring properties when the proposed entry and exit driveways, proposed landscaping,parking lot and the hotel have been completed.For example,Figures 22 and 23 show new evergreens in the"Post-Development Views"but the Landscape Plan does not provide such trees at the locations identified by the view legend. The photo- simulations must be accurately completed based on the proposed site plans, including landscaping, site grades and improvements. Additional views should be provided to demonstrate how the proposed project will appear to passersby on foot and in cars and from the adjacent areas east and west. • The BURBS Nitrogen Loading Model provided in Appendix F of the DEIS uses a residential fertilization rate. It is unclear why a commercial rate was not used to be more consistent with the commercial nature of the proposed project. Please explain and indicate what the difference is if any. Traffic: • During Special Events, it is estimated that during the Saturday Peak hour, 55 vehicles will make an eastbound left turn into the site going against 612 westbound through vehicles. Being that Main Road is one lane in each direction, eastbound left turn vehicles will have to wait for a suitable gap in the westbound direction to safely complete the left turn. These left turn vehicles will block the eastbound through vehicles creating long,queues on Main Road. A gap study needs to be conducted to ensure sufficient gaps exist in the westbound Main Road traffic stream to allow eastbound left turn vehicles to safely access'the site. • Cars regularly pull in and out of the 7-Eleven store, which is across the street, as well as other nearby businesses. If the proposed project is causing vehicles to queue on Main Road, cars may be blocked from entering/exiting these businesses. Has the traffic assessment considered anticipated queue lengths and how they may impact nearby site driveway locations? The cumulative effects of this traffic with these businesses should be considered to ensure public safety and to minimize traffic congestion. • The Special Event analyses also show that the analyzed intersections are impacted, resulting in changes to level of service. However, no mitigation measures are recommended. The exit of the site shows that approximately 91 vehicles will be exiting the site during the Saturday peak hour. As the analyses show, the southbound approach will operate at LOS F with anticipated long queues in the,site driveway. These long queues will create on-site circulation issues and difficulty for patrons to leave their parking spaces. How does the applicant intend to manage traffic during these Special Events to mitigate impacts to area traffic and on-site circulation? Noise • The property adjoins residentially zoned areas and neighboring houses. Part of the Special Exception Use criteria requires that the applicant demonstrate that the proposed use will be ���� Page 5 of 6 DEIS Review The Enclaves Hotel and Restaurant compatible with its surrounding and not cause noise disturbances. It is not clear how the application has addressed these criteria given the noise analysis submitted both for typical use and special event use. Specifically: o The DEIS indicates that the proposed hotel would be expected to use an outdoor sound reinforcement system to play music within the pool area during regular daytime hours of operation. The DEIS indicates that a limiter would be placed on this system to ensure that the resulting sound levels cannot exceed the limits set in the Town of Southold Noise Ordinance for commercial music' It is not clear if the applicant's noise assessment evaluated noise impacts of typical operations including music and"crowd noise"from the pool area. "Crowd noise"was also not assessed for outdoor special events. o The DEIS indicates that the STP will have an odor control system. These systems require the use of continuously running fan to operate. The noise related to the use of this equipment should also be considered given the proximity to residential uses. • Please see additional comments attached from the noise consultant retained by the Zoning Board of Appeals for review of this application. Sunday through Thursday,65 dB(A)between 7:00 am and 7:00 pm and 50 dB(A)between 7:00 pm and 7:00 am; Friday and Saturday,65 dB(A)between 7:00 am and 11:00 pm and 50 dB(A)between 11:00 pm and 7:00 am ��� Page 6 of 6 RTP ENVIRONMENTAL ASSOCIATES, INC.® AIR , WATER * SOLID WASTE CONSULTANTS 400 most Avenue Westbury, New York 11590 (516) 333-4526 (www.rtpenv.com) fox(516) 333-4S71 PROJECT MEMORANDUM TO: Carrie O'Farrell,Nelson, Pope &Voorhis, LLC FROM: Kenneth Skipka, Principal SUBJECT: Substantive Review of DEIS for The Enclaves 6655 Main Road,Hamlet of Southold,NY_ DATE: December 6, 2019 This memorandum presents our Substantive review comments on the DEIS Noise Section for The Enclaves project located at 56655 Main Road,Hamlet of Southold,NY,revised October 2019 and the Acoustic Report in Appendix J of the DEIS. Acoustic Report (Appendix J) Comments 1. In Section 2.2, Table 2.2.1, the heading, "dB Change" should be "dB Reduction". Or, remove the "Sound Energy Change" column or separate the table. A change can represent an increase or decrease. The"Sound Energy Change" column only presents a decrease in noise level. 2. The Housing and Urban Development's Site Acceptability Standards are presented in Section 2.5. These standards are applied to federally funded projects and are intended to protect potential residents in a proposed federally funded project from the existing or expected noise environment. They are not normally intended as standards to protect neighboring sensitive receptors from noise generated from this type of project. With that said,the project may adopt these standards as one of the Project impact criteria for adjacent properties. However, the project should clearly state that this is the case. 3. In Section 3.6, the text states 4 minutes rather than 6 minutes. 4. If the HUD's Site Acceptability Standards are used, then the Day-Night Noise Equivalent Level (Ldn) needs to be added to Section 3 -Definitions. Ldn is not equivalent to L,q and cannot be used interchangeably. 5. The monitoring conditions(e.g. date of monitoring period,precipitation, cloud cover, air pressure, winds speeds, wind direction, etc.) should be explicitly presented in the text of Section 4. In i.\2009\09015\npv\2017-on-call seqra review\enclaves\seqra review\deis review\2019-12-6 enclaves noise coniments.doex s Carrie O'Farrell,NPV The Enclaves at Southold December 6,2019 Page 2 of 4 addition, monitoring for weekday and weekend days should be conducted during the operational hours of The Enclaves or for a full 24-hour period if the HUD criteria is to be used. 6. The proposed site is to be operated during both weekdays and weekends. Different noise characteristics for weekdays and weekend days are the norm rather than the exception. Noise monitoring should have been conducted to characterized existing weekend noise environment and serve as the baseline for,the weekend. 7. In Section 5.1, the report should better explain the methodology and assumptions used to extrapolate the Future traffic noise condition based on a linear traffic growth. 8. Table 5.1.1 referred to the times as "peak hour", yet it was stated that the "quietest period" was selected. This seemed inconsistent. Also, the Report'does not present how the peak hour and quietest period were determined if only two short periods of the day were sampled. The applicant should verify the values quoted in Table 5.1.1 as the Llo and L90 values appear to be reversed.This could not be checked since the applicant did not provide the raw data. 9. It is not clear from the report how changes in L90 will be greater than the Llo changes under future conditions with increased traffic.In general,increase traffic will result in greater LIo increases than L90 increases because individual vehicle passbys are an intermittent event.The L90 does not reflect intermittent noise as well as Llo. For example, single quick passing loud truck would likely not increase L90 due to the short duration of the passby. This is why the NYS Department of Transportation's criteria for noise impact is based on L10 or Leq, never L9o. 10. The expected traffic growth should be presented in the report as well as induced traffic volumes. 11. Parking noise activity, usually due to vehicular movement, is a concern,often brought up by the public and should be proactively addressed.It is not clear whether Table 5.1.2 incorporated parking lot activity. If so, the report should explain the methodology for determining noise level from parking lot activity. 12. Section 5.2 refers to an "outdoor sound reinforcement system". This should be clarified. In addition, crowd noise is during special events was not evaluated. 13. Section 5.2 refers to a "limiter" that can be used on sound systems to "ensure that the resulting sound levels cannot exceed the limits set in'the Town of Southold Noise Ordinance for commercial music". Without more details on the device and how it works, such a limiter cannot be assessed Carrie O'Farrell,NPV The Enclaves at Southold December 6,2019 Page 3 of 4 and therefore is problematic. Noise level is highly dependent on speaker placement and what is being transmitted. "Music" in addition to crowd noise can vary greatly.More detail is required on how the noise level is to be"set". 14. It is the combined impact of noise sources from the property that is not allowed to exceed the Town Noise Ordinance. It has not been shown that these noise sources have consistent noise levels and may'therefore require adjustments to the limiter. This brings in to question of who is responsible for adjusting the limiter and checking the noise level at the property line of sensitive receptors. 15. "The speaker equipment selection and layout can be reviewed by an acoustical consultant once provided by the AV consultant."This statement in Section 5.2 is unclear on who has the burden to demonstrate there will be no impact. It should be made clear whether the acoustic consultant is contracted by the Project or the Town. 16. The Report did not address the potential noise impact of other potential noise sources such as an HVAC system. ' 17. The impact assessment of Special Events in Section 5.4 refers to an "Average sound level spectra for male and female speaking voices at a raised voice effort-level". The Report needs to present the reference level as well as cite the source. 18. Section 5.4 again refers to the use of a"limiter"to limit,the noise generated by the sound system during these special events. It is unclear how this limiter would work, especially if outside sound equipment is used rather than the Project's sound system. 19. When setting the"limiter",the noise level of the raised voices must be factored in. 20.'In discussing speaker placement, noise barriers, special events,and landscaping,a scaled drawing would be helpful. 21. For Section 6,the methodologies and reference noise levels for the mathematical calculations were not presented. Carrie O'Farrell,NPV The Enclaves at Southold December 6, 2019 Page 4 of 4 The Enclaves DEIS: Chapter 3.4 Noise Comments For the most part, the comments for the DEIS Noise section parallel the comments noted above for the Acoustic Report(Appendix J),which it summarizes. 1. Town Code §180-7(A)(6) was cited, which exempts non-amplified noise generated from lawful athletic or recreational activities, events or facilities. It is questionable whether this applies to a commercial property and its use. The Town may need to render an interpretation of this item in their Code. 2. The Report did not identify the Saturday peak hour. 3. It is important to reiterate that the proposed mitigation using a "limiter" needs to be better explained, to include proposed procedures on how it will be implemented. I ' RTP EN I VIRONMENTAL RSSOCIATES, INC O Rik WATER- SOLID WASTE'CONSL.ILTANTS 400 Post Avenue Westbury,'New York 11590 (51 b) 333-4526 (Ww'w.rtpenv,com) fox(5 16) 3334571 VIA ELECTRONIC MAIL November 12, 2019 RECEIVED NOV] 3 ?019 Ms. Carrie O'Farrell, AICP Nelson,Pope&Voorhis, LLC '9 ftd 8- QF.4ppears 572 Walt Whitman Road Melville,NY 11747 RE: Proposal to Provide Substantive and FEIS Reviews for Noise for The Enclaves Project in Southold,New York. Dear Ms. O'Farrell: RTP Environmental Associates, Inc. (RTP) is proposing to prepare a substantive review of the Draft Environmental Impact Statement (DEIS) and a review of the Final Environmental Impact Statement (FEIS) for noise for the above referenced project. This proposal is based on the DEIS and the likely need for additional work on the FEIS. RTP,will team with Analysis & Computing (A&C)to provide the noise review. RTP has been provided The Enclaves DEIS and, based,on a cursory review of the document, it appears that the analyses provided may be deficient. As a result, the comments and potential for the need for additional analyses beyond those contained in the DEIS are likely to be more significant than typical substantive reviews for this type of development. The noise analysis may. need to be expanded to address specific concerns about the impacts on adjoining'properties and the methods to be applied in meeting the Town Noise Code. Furthermore, the,basis for several of the conclusions made in'the document may not be acceptable to the Town. The work product will include a review of the DEIS to determine if'potential noise issues with operating the proposed facility have been properly addressed. Specific to the review of the FEIS, the extent of the review cannot be defined and may require more effort than is typical for an FEIS. Based on the information currently available, the schedule and cost for the above activities will be as-follows. At present, We estimate two to three weeks to complete the effort to provide a Substantive Review. The cost and schedule to complete a review of the FEIS is less certain because we do not know what Will,be provided by the Applicant. Only one (1) round of edits is assumed for the DEIS review. RTP invoices on A time and materials basis and a breakdown of labor and` other direct charges will be provided monthly, along with a summary of the work RTP ENVIRONMENTAL ASSOCIATES, IN('. AIR •WATER°SOLID WASTE CONSULTANTS 400 Post Avenue Westbury, New Voris 11590 (516),333-4526 (www.rtpenv.com) Fox(516) 333-4571 f I VIA ELECTRONIC MAIL November 12, 2019 Ms. Carrie O'Farrell, AICP Nelson, Pope &Voorhis, LLC 572 Walt Whitman Road Melville,NY 11747 RE:,, Proposal"to Provide Substantive,and FEIS Reviews for Noise for The Enclaves Project in Southold,New York. Dear Ms. O'Farrell: 'RTP Environmental Associates, Inc. (RTP) is proposing to prepare a substantive review of the Draft Environmental Impact Statement (DEIS) and a review of the Final Environmental Impact Statement (FEIS) for noise for the above'referenced project. This proposal is based on the DEIS and the likely need for additional work on the FEIS. RTP will team with Analysis & Computing' (A&C)to provide the noise review. RTP has been provided The Enclaves DEIS and, based on a cursory review of the document, it appears_that the analyses provided may be deficient. As a result, the comments and potential for the need for additional analyses beyond those contained in the DEIS are likely to be more significant than typical substantive reviews for this type of development. The noise analysis may need to be expanded to address specific concerns about'the impacts on adjoining properties,and the methods to be applied in meeting the Town Noise Code.Furthermore, the basis for several of the conclusions made in the document may not be acceptable to the Town. The work product will, include a review of the DEIS to determine if potential noise issues with' operating the proposed facility have been properly addressed. Specific to the review of the FEIS, the extent of the review cannot be defined and may require more effort than is typical for an FEIS. Based on the information currently available; the schedule and cost for the above activities will be as follows. At present, we estimate two 'to three weeks to complete the effort to provide a Substantive Review. The cost and schedule to complete-a review of the FEIS is less certain because we do not know what will be provided by the Applicant. Only one (1) round of edits is assumed for the DEIS review. RTP invoices on a time and materials basis 'and a breakdown of labor and other direct charges will be provided monthly, along with a summary of the,work Ms. Carrie O'Farrell,AICP RTPINC ,ENVIRONMENTRI RSSOCIRTES, IN November 12, 2019 Page 2 of 2 r performed. The estimated base cost, as proposed above; is $4,113 for the DEIS, and an estimated $3,587 for the FEIS. Any follow-up required by either DEIS or FEIS will be billed at applicable rates at that time. The hourly rates and estimated hours per individual are provided on the attached table. If you chose to engage RTP to perform the above tasks, please review and sign the attached Service Agreement and return an executed copy to this office. Work will commence upon receipt of the authorization to proceed. Thank you for your interest in RTP. We look forward to working with you and your staff on this effort. Sincerely, RTP ENVIRONMENTAL ASSOCIATES,INC. Kenneth J. Skipka Principal KJS:rnz attachment cc: Calvin Lee; Yeuk Moy, Analysis &Computing, Inc.' c p.\proposals\2019\npv the enclaves southold ny\npv the enclaves rev prop_20191112.docx - r RTP ENVIRONMENTAL ASSOCIATES, INC.° AIR • WATER • SOLID WASTE CONSULTANTS 400 Post Avenue Westbury, New York 11590 (516) 333-4526 (www rtpenv.com) fox(516) 333-4571 VIA ELECTRONIC MAIL October 22, 2019 Ms. Carrie O'Farrell, AICP Nelson, Pope&Voorhis, LLC 572 Walt Whitman Road Melville,NY 11747 RE: Proposal to Provide Substantive and FEIS Reviews for Noise for The Enclaves Project in Southold,New York. Dear Ms. O'Farrell: RTP Environmental Associates, Inc. (RTP) is proposing to prepare a substantive review of the Draft Environmental Impact Statement (DEIS) and a review of the Final Environmental Impact Statement (FEIS) for noise for the above referenced project. This proposal is based on the DEIS and the likely need for additional work on the FEIS. RTP will team with Analysis & Computing (A&C)to provide the noise review. ' RTP has been provided The Enclaves DEIS and, based on a cursory review of the document, it appears that the analyses provided may be deficient. As a result, the comments and potential for the need for additional analyses beyond those contained in the DEIS are likely to be more significant than typical substantive reviews for this type of development. The noise analysis may need to be expanded to address specific concerns about the impacts on adjoining properties and the methods to be applied in meeting the Town Noise Code. Furthermore, the basis for several of the conclusions made in the document may not be acceptable to the Town. The work product will include a review of the DEIS to determine if potential noise issues with operating the proposed facility have been properly addressed. Specific to the review of the FEIS, the extent of the review cannot be defined and may require more effort than is typical for an FEIS. Based on the information currently available, the schedule and cost for the above activities will be as follows. At present, we estimate two to three weeks to complete the effort to provide a Substantive Review. The cost and schedule to complete a review of the FEIS is less certain because we do not know what will be provided by the Applicant. Only one (1) round of edits is assumed for the DEIS review. RTP invoices on a time and materials basis and a breakdown of labor and other direct charges will be provided monthly, along with a summary of the work Ms. Carrie O'Farrell, AICP ATP ENVIRONMENTAL ASSOCIATES, INC. October 22, 2019 Page 2 of 2 performed. The estimated base cost, as proposed above, is $3,500 to $4,000 for the DEIS, and an estimated $6,000 for the FEIS, bringing the project total to $10,000, unless the FEIS issues are very extensive. If you chose to engage RTP to perform the above tasks, please review and sign the attached Service Agreement and return an executed copy to this office. Work will commence upon receipt of the authorization to proceed. Thank you for your interest in RTP. We look forward to working with you and your staff on this effort. Sincerely, RTP ENVIRONMENTAL ASSOCIATES, INC. Kenneth J. Skipka Principal KJS:rnz attachment cc: Calvin Lee, Yeuk Moy, Analysis & Computing, Inc. p\proposals\2019\npv the enclaves southold ny\npv the enclaves prop_20191022 docx RTP ENVIRONMENTAL ASSOCIATES, INC. SERVICE AGREEMENT BETWEEN RTP ENVIRONMENTAL ASSOCIATES,INC. AND NELSON,POPE&VOORIS, LLC THIS AGREEMENT is entered into between RTP ENVIRONMENTAL ASSOCIATES, INC. hereinafter called Consultant, and NELSON,POPE&VOORIS, LLC hereinafter called Client. In consideration of the covenants herein contained and upon subject to the mutual terms and conditions set forth herein, the parties hereto agree as follows: 1. SCOPE OF WORK - Consultant shall provide environmental consulting services for NELSON, POPE & VOORIS, LLC as outlined in RTP ENVIRONMENTAL ASSOCIATES, INC.'s letter proposal to CARRIE O'FARRELL dated OCTOBER 22,2019. 2. PAYMENT - For performance of the Services provided and as outlined in RTP ENVIRONMENTAL ASSOCIATES, INC.'s letter proposal dated OCTOBER 22, 2019, Consultant shall invoice the Client according to the attached Schedule of Charges and Client shall pay Consultant at 400 Post Avenue, Suite 405, Westbury, New York 11590 at the time specified herein. Terms for payment are net 30 days with 1.5% per month service charge on balances past due 30 days or more. 3. RESPONSIBILITY OF CONSULTANT - Consultant shall perform the Services as an independent contractor in accordance with its own methods, terms of this Agreement, and applicable laws and regulations. Consultant's liability arising out of or in connection with the Services shall be limited to performing at its own expense Services which are (1) deficient because of Consultant's failure to perform said Services in accordance with normal professional standards for performing services of a similar nature, and (2) reported in writing to Consultant within a reasonable time, not to exceed thirty (30) days from the completion of the Services in accordance with Article 6. Where Client's project requires public agency approval, Consultant will attempt to assist in facilitating approval. However, Consultant does not assume responsibility for securing approval by such agency. Because of the nature of the work involved in this proposal, the Client shall indemnify and save and hold harmless from and against any damage, liability, loss, cost or claim,whether occasioned by RTP ENVIRONMENTAL ASSOCIATES, INC., its officers, employees and agents or any other person or persons arising out of, resulting from or related to, the performance of the work provided for in this agreement;provided, however, that Client shall not be obligated hereunder to indemnify, save and hold harmless Consultant, its officers, employees or agents against any damage, liability, loss, cost, or claim which arises out of or in connection with the intentional wrongful acts of, or the active negligence of, Consultant, or its officers,employees or agents. 4. ASSIGNMENT AND SUBCONTRACTING - This Agreement shall not be assigned by either party without the prior written approval of the other. Consultant may subcontract portions of the services to a qualified subcontractor with prior approval of Client. Consultant agrees that Client will incur no duplication of costs as a result of any such subcontract. RTP ENVIRONMENTAL ASSOCIATES, INC. SERVICE AGREEMENT BETWEEN RTP ENVIRONMENTAL ASSOCIATES, INC. AND NELSON,POPE &VOORIS,LLC Continued 5. INSURANCE - RTP maintains at its own cost and expense professional errors and omissions insurance and such public liability and other insurance as may protect NELSON, POPE & VOORIS,LLC and its employees from claims for damages to property and for bodily injury and personal injury, including death, which may arise from or relate to the terms and conditions of this agreement up to the limits specified below. 1. Comprehensive General Liability on an occurrence basis: a) General aggregate-$6,000,000 b) Products completed, operations aggregate-$4,000,000 c) Personal and advertising injury-$3,000,000 d) Each occurrence-$3,000,000 e) Medical expense(any one person)$5,000 Additional limits can also be considered on a per project basis, when necessary. 2. Automobile Liability: a) Hired autos-$1,000,000 b) Non-owned auto coverage-$1,000,000 3. Workers Compensation Insurance and Employer Liability: a) Each accident-$1,000,000 b) Disease-policy limit$1,000,000 c) Disease-each employee$1,000,000 4. Disability Benefits: Liability(State statutory requirements) 5. Professional Errors and Omissions Insurance coverage of$3,000,000 per claim. RTP's insurance may not cover the actions of its subcontractors and those subcontractors not covered should be required to meet stipulated insurance requirements of the client. 6. COMPLETION AND ACCEPTANCE - Upon completion of the Services by Consultant, Client shall promptly provide Consultant with a written listing of any Services not completed. Any Services not listed by Client as incomplete in a listing delivered to Consultant within thirty (30) days of completion of said Services shall be deemed complete and accepted. With respect to Services listed by Client as incomplete, Consultant shall complete such Services and the above acceptance procedure shall be repeated. RTP ENVIRONMENTAL ASSOCIATES, INC. SERVICE AGREEMENT BETWEEN RTP ENVIRONMENTAL ASSOCIATES,INC. AND NELSON,POPE &VOORIS,LLC Continued 7. TERMINATION - Client may terminate, with or without cause, upon thirty (30) days written notice to Consultant. Absent Consultant's breach of this Agreement, Consultant shall be paid for Services rendered to the date of termination. Consultant may suspend or terminate this Agreement upon seven days written notice to Client in the event of substantial failure by Client to perform in accordance with the terms of this Agreement including, but not limited to, nonpayment of amounts owing to Consultant through no fault of Consultant or an unreasonable delay caused by Client or its agents. 8. DELAY; FORCE MAJEURE - Should performance of the Consultant's services be materially hampered by causes beyond its reasonable control, a Force Majeure results. Force Majeure includes, but is not restricted to, acts of contractors (other than Consultant's contractors), fires, floods, labor disturbances, and unusually severe weather. If a Force Majeure occurs, Consultant will be granted a time extension based upon the effect of the Force Majeure upon Consultant's performance. The parties will also agree upon terms and conditions, including additional compensation, for continuation or termination of this Agreement. If no agreement is reached, a Force Majeure which continues for 120 days from the event of Force Majeure gives Consultant the option to terminate its obligations under this Agreement in accordance with Article 7. 9. GOVERNING LAW-This Agreement is to be governed by and construed in accordance with the laws of New York. Any action at law or judicial proceeding instituted for the breach of this Agreement shall be resolved only in the State or Federal courts of the County of Nassau, State of New York. 10. AMENDMENTS - Any amendment to this Agreement shall be in writing and signed by Consultant and Client. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the parties shall negotiate an equitable adjustment to the provisions with a view toward affecting the purpose of this Agreement. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the parties shall negotiate an Agreement. In such a case, the validity and enforceability of the remaining provisions, or portions or applications thereof,shall not be affected thereby. 11. TESTIMONY - Should Consultant, its directors, officers or employees be required to testify or to submit information to any judicial or administrative hearing concerning matters, this will be performed in accordance with the Cost Schedule then in effect. Should Consultant be required by a third party to testify at such a hearing, Consultant shall notify Client as to the date and time of such hearing. Client agrees to save and hold harmless Consultant from and against all costs incurred as a result of a judicial or administrative hearing concerning the services provided for herein. a 1 RTP ENVIRONMENTAL ASSOCIATES, INC. SERVICE AGREEMENT BETWEEN RTP ENVIRONMENTAL ASSOCIATES, INC. AND NELSON, POPE &VOORIS, LLC Conclusion 12. TIME TO BAR TO LEGAL ACTION A. Period: All legal actions, including claims for indemnity, by either party against the other for failure to perform or to perform properly under this Agreement or any legal action however denominated or essentially based upon such breach shall be barred two (2) years from commencement of the period defined in B. B. Commencement of Period: The period commences when the claimant knew or should have known of its claim. But, in any event,the period commences for: 1. Client claims when Consultant's performance is substantially complete;and 2. Consultant claims when final payment by Client has been made. 13. ENTIRE AGREEMENT - In the event any services provided for herein are authorized by the client to be performed or caused to be performed by Consultant prior to the effective date of this Agreement, such Services shall be deemed to have been performed under this Agreement. This Agreement, including all attachments incorporated herein by reference, constitutes the entire Agreement between the parties. Any oral agreements,understandings,proposals,purchase orders or negotiations are intended to be integrated herein and to be superseded by the terms and conditions of this Agreement. AUTHORIZATION TO PROCEED: Per Proposal Dated OCTOBER 22, 2019 NELSON,POPE&VOORIS,LLC RTP ENVIRONMENTAL ASSOCIATES,INC. By: By: signature signature Title: Title: Date: Date- RTP ENVIRONMENTAL ASSOCIATES, INC. SCHEDULE OF CHARGES 2019 NELSON, POPE &VOORIS, LLC PERSONNEL CHARGES Title Billing Rate Principal/Associate $150/hr to$325/hr Senior Project Manager $180/hr to$300/hr Project Manager $120/hr to$250/hr Project Engineer(I, II, III, IV) $120/hr to $250/hr Senior Scientist(I,II, III, IV) $110/hr to $200/hr Scientist/,Engineer(I,11,111, IV) $ 80/hr to $150/hr Technical Specialist(I, II, III, IV) $100/hr to $180/hr Assistant Scientist(1, II,III, IV) $ 60/hr to $ 80/hr Word Processor/Technician(I, II,III, IV) $ 50/hr to $100/hr Expert Testimony/Depositions rates quoted with respect to activity OTHER CHARGES Reproduction(per basic sheet) $ 0.20 Automobile(per mile) $ 0.58 Outside services, equipment and facilities not furnished directly by RTP ENVIRONMENTAL ASSOCIATES, INC., will be billed at cost plus 10%. Services may include, but are not limited to the following: Rental of equipment and vehicles, Outside laboratory testing, Special fees,permits, insurance,etc., Transportation on public carriers, Printing and photographic reproduction, Subcontractors to RTP Environmental Associates, Inc., Meals and lodging and Shipping,telephone and other materials. Payment Terms: Net thirty(30)days.Thereafter, one and one-half percent(1'/z%) interest per month on the unpaid balance will be charged. P Wroposals12019MV The Fndaves\SA19 doex a BOARD MEMBERS O��QF S0(/TyOI Southold Town Hall Leslie Kanes Weisman,Chairperson O 53095 Main Road•P.O.Box 1179 c Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes • COQ Town Annex/First Floor, Robert Lehnert,Jr. �l,Y 54375 Main Road(at Youngs Avenue) Nicholas Planamento C00f,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO To: Scott A. Russell, Town Supervisor Members of the Town Board Leslie K. Weisman, ZBA Chairperson and ZBA Board Members Donald Wilcenski, Chairman, and Members of the Town Planning Board From: Kim Fuentes, ZBA Board Assistant Date: October 8, 2019 Re: Notice of Completion of the Draft Environmental Impact Statement of The Enclaves Hotel and Restaurant, dated October 7, 2019 SCTM No. 1000-63-3-15, Pursuant to the State Environmental Quality Review Act("SEQRA") and implementing regulations thereto at 6 NYCRR 617, attached please find the Notice of Completion determining that the Draft Environmental Impact Statement("DEIS") for The Enclaves Hotel and Restaurant is complete for public review. A public hearing on the DEIS will be held on Thursday, November 7, 2019 at 5:00 PM in the Town Hall Meeting Room, 53095 Main Road, Southold,New York 11971-0959, when verbal and written comments will be accepted. Written comments on the DEIS will be accepted at the offices of the lead agency until close of business Monday,November 18, 2019. Encls. Notice of Competion-Enclaves STATE ENVIRONMENTAL QUALITY REVIEW ACT(SEQRA)NOTICE OF COMPLETION DRAFT ENVIRONMENTAL IMPACT STATEMENT(DEIS)AND NOTICE OF SEQRA HEARING REQUEST FOR SPECIAL EXCEPTION AND THE DEIS PREPARED FOR THE ENCLAVES HOTEL AND RESTAURANT SOUTHOLD,TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK Date: October 7,2019 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 Draft Environmental Impact Statement("DEIS")for The Enclaves Hotel and Restaurant(see description below) complete for public review. A public hearing on the DEIS will be held on Thursday,November 7,2019 at 5:00 PM at Town Hall,53095 Main Road,Southold,New York 11971-0959, when verbal and written comments will be accepted. Written comments on the DEIS will be accepted at the offices of the lead agency until close of business Monday, November 18, 2019. Comments may be submitted via email to:kimf@southoldtownny.gov. Name of Action: Request for Special Exception and the DEIS prepared for The Enclaves Hotel and Restaurant r SEQR Classification: Type 1 Description of Action: The Proposed Action involves a Special Exception Use Permit to allow for the expansion and renovation of an existing two-story home and converting these structures to a 74-seat"sit- down"restaurant and the construction of a 44-room hotel including a two-story hotel building containing 40 hotel rooms and four detached cottages, each with an area of 592±square feet 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,pool patio, and pool cabanas on the west side of the proposed hotel building, a small decorative fish pond on the south side of the 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 two parking lots for the restaurant and an additional parking lot for the proposed 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. Location: 56655 Main Road Southold, New York 11971 Potential Environmental Impacts: A DEIS has been prepared to examine the potential environmental impacts of the proposed action. The environmental issues addressed in the DEIS include: soils and topography; water resources; ecological resources; land use, zoning and plans; transportation; aesthetic resources and community character; noise and odors; historic and archaeological resources; human health and safety; growth-inducing aspects; energy resources; and alternatives to the proposed action. Availability of Document: Copies of the DEIS are available for public review at the offices of the lead agency and on the Town's website at: http://southoldtownny.gov/1 298/Environmental-Impact-Statement Additionally, copies of the DEIS are available for review at the Office of the Town Clerk, Town Hall, 53095 Main Road, Southold (between 8:00 AM and 4:00 PM), and at the Southold Free Library, temporarily located at the Feather Hill Shopping Center,Main Road, Southold. 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 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 Donald Wilcenski, Chairman, and Members of the Town Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold,New York 11971 i Kimberly Kennedy Suffolk County Water Authority 4060 Sunrise Highway Oakdale,New York 11769 Craig Knapper Office of Wastewater Management Suffolk County Dept. of Health Services 360 Yaphank Avenue Yaphank,NY 11790 Sarah Lansdale Suffolk County Planning Commission 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge,NY 11788 Melik Tariq NYS Department of Transportation Traffic Engineering&Safety 250 Veterans Memorial Highway,Rm.6A-7 Hauppauge;NY 11788 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 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 175 East Old Country Road Hicksville,NY Attn:Lara Pomi-Urbat PSEG Long Island 333 Earle Ovington Boulevad Uniondale,NY 11553-3610 Attn: Sy Gruza National Grid Revenue Cycle Management Department 175 East Old Country Road Hicksville,NY 11801 Attn: Jessica Thomas Jonathan Tibett c/o Charles R. Cuddy,Esq. 455 Griffing Avenue Riverhead,New York 11901 This Notice has also been forwarded for publication in the Environmental Notice Bulletin. BOARD MEMBERS ��0� SOy� Southold Town Hall Leslie Kanes Weisman,Chairperson �O lQ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. f 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycouffm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 26, 2019 Andrew V. Giambertone, AIA, President Andrew V. Giambertone &Associates, Architects 62 Elm Street Huntington,NY 11743 RE: RESOLUTION FOR ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS COMPLETE FOR PUBLIC AND AGENCY REVIEW AND COMMENTS FOR THE PROPOSED ENCLAVES HOTEL AND RESTAURANT SPECIAL EXCEPTION USE PERMIT APPLICATION Dear Mr. Giambertone; The Southold Town Zoning Board of Appeals adopted the following resolution at a meeting held on Thursday, September 26, 2019: WHEREAS, the Town of Southold Zoning Board of Appeals 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 has been classified as an "Unlisted" action pursuant to the State Environmental Quality Review Act ("SEQRA"), conducted a coordinated review with involved agencies, and issued a Final Scope for the Enclaves dated April 19, 2018; and l Page 2 - Resolution for Acceptance of Draft Environmental Impact Statement as Lomplete for Public and Agency Review and Comments for the Proposed Special Exception Use Permit for"The Enclaves" 44-unit hotel and 74-seat "sit-down"restaurant WHEREAS, the Applicant submitted a DEIS dated April 2019 to the Zoning Board of Appeals, which reviewed the document and provided written comments on the EIS to the Applicant, requiring revisions, and WHEREAS, the Applicant submitted a revised DEIS dated July 2019 to the Zoning Board of Appeals, which reviewed the document and provided comments on the revised DEIS to the Applicant, requiring revisions, and WHEREAS, the Applicant submitted a second revised DEIS dated August 2019 to the Zoning Board of Appeals, which reviewed the document and determined that the document is adequate with respect to its scope and content for the purpose of commencing public review. NOW THEREFORE BE IT RESOLVED, that the Zoning Board of Appeals accepts the DEIS for the Proposal as adequate for purposes of public and agency review and comments, subject to the conditions included in the September 26, 2019 Memo to the Zoning Board of Appeals from Nelson Pope & Voorhis, LLC, and BE IT FURTHER RESOLVED, that the Zoning Board of Appeals sets the date, time and location for a public hearing on the proposals for Thursday, November 7, 2019, at 5:00 PM at the Southold Town Hall Meeting Room, located at 53095 Main Road, Southold, NY 11971, and BE IT FURTHER RESOLVED, that the Zoning Board of Appeals directs that all appropriate notice be issued pursuant to SEQRA and other relevant laws and regulations. A motion to adopt the above Resolution was made by Chairperson Weisman, seconded by Member Planamento, and adopted upon the following vote: Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Acampo a,Planamento and Lehnert. (5-0) r < Dated: September 26, 2019 eslie Kalies Weisman, Chairperson Town of Southold Zoning Board of Appeals cc: Charles Cuddy, Esq. Heather Lanza, Southold Town Planning Director RECEIVED Mark Terry, Southold Town Assistant Planning Director & F Ud William Duffy, Southold Town Attorney OCT e 1 20119 Sou old Town Clerk k€CE-TVE1 {., SCP 2 6 2019 N LSON, P POE 6 V RHIS, LLC EN I M L •^ulgwCONSULTING 'I www nelsonpopevoorthls c ,_. , aFeFl��o MEMORANDUM �� s �b � To: Leslie Weisman, Chairperson; Members of Southold Zoning Board of Appea n�h9 e��rd of From: Carrie O'Farrell, AICP, Senior Partner pp�d�s Date: September 26, 2019 Re: CT1ieEnc1a es-Hotelxan`destaurantiD- ar f nviroiimEntal�Iapactatement;; .. ("DEIS") Completeness Review Nelson Pope & Voorhis, LLC, in association with Nelson & Pope Engineers, Architects, Surveyors ("Nelson & Pope") (traffic review) has reviewed the revised DEIS for "The Enclaves Hotel and Restaurant" Special Exception Use Permit("SE Permit") (dated April 2019,Revised August 2019 and received by the Board on August 29, 2019). The revised DEIS has been reviewed against the scope and content requirements of the April 19, 2018 Final Scope and the implementing regulations for the State Environmental Quality Review Act (SEQRA) at 6 NYCRR Part 617, Subsection 617.9(b)"Environmental impact statement content"to determine whether to accept the DEIS as adequate with respect to its scope and content for the purpose of commencing public review. Based on our review of the resubmission,NP&V recommends that the Board may deem the DEIS complete for the purpose of commencing public review, conditioned upon the applicant making the below listed minor corrections to the DEIS. Comments: 1. Page 118 of the Draft EIS (Special Event Parking) notes that the required special event parking (after accounting for credits) is 74 spaces (193 guests/1 space for every 3 guests, + 10 spaces for employees). However, 193 guests/1 space for every 3 guests is 64.3 3,which should be rounded up to 65 spaces,for a total requirement of 75 spaces inclusive of the employee parking. The text then references that 84 spaces would be provided with the valet plan, and 38 self-park stalls would be available for the hotel guests. The text should clarify the use of overflow spaces to meet the total special event parking requirement for the hotel and the restaurant portions of the site. The supporting Valet Parking Plan(Sheet C-102), shows 80 valet spaces, 38 self-park hotel spaces and 22 overflow spaces for the hotel. The Valet Parking Plan (Sheet C-102), needs to clarify the overflow spaces on the plan(space notations are needed for the overflow parking along the entrance driveway) and in the parking calculations. The plan appears to double count two of the overflow CORPORATE OFFICE HUDSON VALLEY OFFICE 572 WALT WHITMAN ROAD,MELVILLE,NY 1 1747-21 BEI 156 Route 59,Suite C6,SUFFERN.NY 1090 1 PHONE (631)427-5665 • FAX (631)427-5620 PHONE (845)368-1472 • FAX (645)368-1572 r � ) Completeness Review of DEIS The Enclaves Hotel and Restaurant"Special Exception Use Permit spaces (the plan shows a total of 33 grass/overflow spaces, but the calculations total 35 grass/overflow spaces between the restaurant and the hotel). 2. A full copy of the DEIS with all supporting figures, attachments and appendix should be compiled (note that the figures in the Traffic Study,Appendix I were not included in the latest submissions) and submitted for review by NP&V(electronic version) by Thurs. Oct. 3,2019. Should the Board agree with the recommended acceptance of the document with the above identified conditions,the DEIS will need to be circulated to involved and interested agencies and made available on the Town's website. It is suggested that if the appropriate corrections are made,the notice of completion for the DEIS could be circulated on Monday October 7,2019. At the time of acceptance, the Board will need to set a public comment period on the DEIS and has the option to hold a public hearing to receive comments. The following requirements apply to scheduling of the public comment period and public hearing: • The notice of hearing must be published,at least 14 calendar days in advance of the public hearing, in a newspaper of general circulation in the area of the potential impacts of the action. • The hearing must commence no less than 15 calendar days or no more than 60 calendar days after the filing of the notice of completion of the DEIS by the lead agency. • The public comment period must be a minimum 30 calendar days from the first filing and circulation of the notice of completion and must extend for a minimum of 10 calendar days following the public hearing. Based on the schedule and requirements outlined above, it is our understanding that a public hearing will be targeted for November 7,2019. The public comment period would then extend until November 18,2019 (10 days after the public hearing) at a minimum. The Board may choose to extend the public comment period (or hold additional public hearings) if necessary, based on the volume of interest and attendance at the public hearing. As previously discussed, once the DEIS is accepted as adequate for public review, additional substantive technical comments will be made regarding impacts and mitigation measures set forth in the document. g ft-PAV Pa e 2 of 2 j l Fuentes, Kim From: Fuentes, Kim Sent: Monday, September 30, 2019 11:07 AM To: 'CharlesCuddy@Optonline.Net' Cc: 'Andrew Giambertone'; Weisman, Leslie Subject: Resolution - Acceptance of the Draft EIS - The Enclaves Attachments: 20190927134855.pdf; 2019_9_26 DEIS Acceptance Memo.pdf Mr. Cuddy Please see the attached resolution of the Board accepting the Draft EIS of the Enclaves. A hard copy will be mailed to both you and Mr. Giambertone. As we discussed, our consultant, Carrie O'Farrell, will be drafting the Notice of Completion (NOD), and we will be working on the distribution and publication of the NOD and the DEIS this week. In the meantime, please request the following copies of the DEIS with the minor corrections made as indicated in the acceptance memo, also attached. • Three (3) hard copies of the complete document (Office, Library, Town Clerk) • Twelve (12) digital copies on flash drives (agencies and ZBA Members) • Six (6) hardcopies of the full site plan. (agencies) Thank you. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownnvgov Mail to:P.O. Box 1179, Southold, NY 11971 i BOARD MEMBERS ��OF SyO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Office Location: Eric Dantes �O Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO To: Carrie O'Farrell Nelson Pope & Voorhis, LLC Mail to: 572 Walt Whitman Road, Melville, NY 11747 From: Kim Fuentes, ZBA Assistant Date: August 29, 2019 Re: REVISED Draft Environmental Impact Statement (DEIS), August 2019 (Received August 29, 2019) The Enclaves Hotel and Restaurant 56655 Main Road, Southold, SCTM No. 1000-63-3-15 Enclosed, please find a hardcopy of the revised (August 2019) DEIS for the Enclaves Hotels, as well as a flash drive uploaded with the above referenced revised DEIS. BOARD MEMBERS ��rjf SO!/ry� Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. �� ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COUNT`1I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO To: Leslie K. Weisman, ZBA Chairperson ZBA Board Members Eric Dantes Nicholas Planamento Patricia Acampora Robert Lehnert Heather Lanza, Planning Director Mark Terry,Asst. Planning Director From: Kim Fuentes, ZBA Assistant Date: August 29, 2019 Re: REVISED Draft Environmental Impact Statement (DEIS) Dated August 2019 The Enclaves Hotel and Restaurant—SCTM No. 1000-63-3-15 Attached please find a copy of a REVISED DEIS submitted by The Enclaves, prepared by KGO Consulting, Inc and P.W. Grosser Consulting, Inc. received August 29, 2019 and dated August 2019. A copy of the DEIS was also mailed to our environmental consultant, Carrie O'Farrell of Nelson Pope & Voorhis. �i RECEIVED CHARLES R.CUDDY -1 AUG 1 9 2019 ATTORNEY AT LAW 445 GRIFFING AVENUE Zoning Board Of A RIVERHEAD,NEW YORK PP@a15 Mailing Address: TEL: (631)369-82,00 P.O.Box 1547 FAX. (631)369-9080 Riverhead,NY 11901 E-mail: charlescuddy@optonline.net August 16, 2019 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Southold Town PO Box 1179 Southold,NY 1197 i Re: Draft Environmental Impact Statement(DEIS) The Enclaves Hotel, 44 Unit and Restaurant SCTM#1000-63-3-15 Dear Ms. Weisman: The applicant,having resubmitted the requested changes to the DEIS,understands that the deadline date for the review by the Zoning Board is August 16, 2019. The applicant does not wish to incur additional delays or extend the time for review.Therefor,we request you confirm the comments will be forthcoming. Very truly yours, Charles R. Cuddy CRC:ik Enclosures cc: Kim Fuentess Caries O'Farrell NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL PLANNING CONSULTING www nelsonpopeoorhls cI�CEIVED AUG 19 Z019 MEMORANDUM �erNi(ng Board(of` P is To: Leslie Weisman, Chairperson; Members of Southold Zoning Board of Appeals cc: Charles R. Cuddy (Project Counsel) From: Carrie O'Farrell, AICP, Senior Partner Date: 8/16/19 Re: The Enclaves Hotel and Restaurant Draft Environmental Impact Statement ("DEIS") Nelson, Pope & Voorhis, LLC ("NP&V") has reviewed the revised July 2019 DEIS for "The Enclaves Hotel and Restaurant" Special Exception Use Permit("SE Permit"). The purpose of this memo is to assist the ZBA, as Lead Agency, in determining if the scope and content of the DEIS is adequate for the ZBA to formally accept the DEIS for public review. Comments associated with DEIS completeness must be addressed prior to ZBA acceptance. Completeness Review Comments The DEIS revised July 2019 was reviewed against the comments contained in NP&V's June 11, 2019 completeness review memo to the ZBA and Applicant. The purpose of the current review is to determine if the requested changes and amendments have been made and that the DEIS conforms to the adopted Final Scope and complies with Subsection 617.9 (b) of SEQRA ("Environmental impact statement content"). Based on this review, it is recommended that the Applicant address the following minor comments prior to DEIS acceptance and distribution. • Cover Page: It was noted previously that the cover page of the DEIS included a line for the date of DEIS acceptance but did not have a line for the date comments on the DEIS must be received by as required by SEQRA 6 NYCRR Part 617, Subsection 617.9 (b)(3)(viii). The DEIS was revised by the Applicant/Applicant's representatives to include the following statement: "Pursuant to 6 NYCRR §617.9(a)(2)(ii), the lead agency must determine whether to accept this resubmitted draft EIS within 30 days of the filing date or August 16, 2019;" however, the purpose of the above requirement is not to indicate when the Lead Agency must submit its completeness comments, but to provide a line for the date by which the public must submit comments by once the document is accepted. This date would be written or typed-in on the hardcopy (or copies) by the Lead Agency on the CORPORATE OFFICE HUDSON VALLEY OFFICE 572 WALT WHITMAN ROAD,MELVILLE NY 1 1747-21 se 156 Route 55,Suite C6,SUFFERN,NY 10501 PHONE (631)427-5665 • FAx (631)427-5620 PHONE.(845)368-1472 • Fax (e45)366-1572 DEIS Review The Enclaves Hotel and Restaurant copy/copies before malting it available for public review. Please remove the above statement and replace it with a line that reads: "Date by which comments must be submitted " • Section 3.2 (Transportation): o In response to the previous comment regarding large vehicles accessing the site, the text indicates that the largest vehicle permitted on site would be a typical 16-pasenger shuttle van that commonly service hotels and motels. Large vehicles, such as buses or extreme length limousines would not be permitted. However, given the operations of both the hotel and restaurant, it is likely that truck deliveries will be necessary. Additionally, the text anticipates weddings as potential special events to occur onsite, which frequently involve limousines. With the potential of having both trucks and limousines onsite,site circulation and parking for larger vehicles must be demonstrated. o The overflow parking of 66 spaces appears to be adequate to support necessary parking required by accessory uses to the hotel during regular operations. However, this may not be adequate to support large special events.Based on the hypothetical special event analyses (with all the credits assumed on the plan), there is an excess of only two parking spaces above the estimated demand (76 spaces provided versus 74 spaces required). Please clarify if the Valet parking credit is only being applied to the hotel parking, and not to the entire site including the restaurant spaces. A valet parking plan should be provided to demonstrate how event parking will be managed (including accommodation for larger vehicles) assuming the restaurant will be independently operated. • Section 3.3 (Aesthetic Resources and Community Character): The Final Scope requires that the assessment of impacts on aesthetic resources and community character include"to- scale computer-generated imagery to illustrate existing conditions and changes to views from vantage points along Main Road and neighboring/adjacent land uses (assuming proposed landscaping at moderate maturity)." The computer-generated imagery was provided; however the text of the DEIS does not appear to include the requested narrative describing the methodology, software, and assumptions used in the preparation of the photo-simulations to ensure that a verifiable accurate representation has been provided (i.e., how grades were established, assumptions for tree locations and tree maturity, etc.). • Plans, Figures, Exhibits o Sheet C-001 indicates that a 10-foot diameter leaching pool has a volume of 31.4 CF/foot when it should say a volume of 68.42 CF/foot. (The calculations on the Drainage and Grading Plan confirm that the multiplier is 68.42 CF/foot.) Even though the system is expected to have enough capacity to accommodate the two-inch 24-hour design storm, this should be corrected for the purposes of accuracy and to prevent confusion. Please revise or clarify why there is a discrepancy. o Section 172-7 G. (1) "Lighting, Outdoor," "Prohibitions," of the Town of Southold Code states that high-intensity discharge, including metal halide and high-pressure and low-pressure sodium lamps and fixture types shall not be permitted.Recent changes to the text on Page 6 of the DEIS states: "In accordance with Section 172-7 G. (1), the kP&WIT Page 2 of 3 �i DEIS Review The Enclaves Hotel and Restaurant proposed lighting would not include high-intensity discharge, including metal halide, or any high-pressure or low-pressure sodium lamps or fixture types," however, a notation on the Site Lighting and Details plan (Sheet C-500) states "metal halide, 100- watt fixtures and poles [will be used] as specified." The two statements appear to be contrary to one another. o A previous comment by NP&V stated that the NYSDEC "Freshwater Wetlands Map" (Figure 6) shows NYSDEC wetlands depicted in color but the legend shows NYSDEC wetlands with no color. The wetlands areas and the legend should match. The version of this figure provided in the July 2019 submission is entirely blacked-out except for the property boundaries, which are shown in red, and therefore is not useful. o Site Drainage and Grading Plan, Sheet C-200 there is a typographical error under the Restaurant Roof Area & Walkway Drainage Calculations. The total provided should be 1,094.72, not 1,09.72. Please address these comments and resubmit for DEIS acceptance. Once the DEIS is revised and determined to be adequate by the ZBA in terms of its scope and content, the ZBA, as Lead Agency will: 1) formally "accept" the document by resolution; 2) distribute or make the DEIS accessible to other involved agencies; 3) file a DEIS Notice of Completion and schedule a public hearing in the NYSDEC's Environmental Notice Bulletin ("ENB") and a newspaper of area-wide distribution; and 4) provide copies to other involved agencies; and 5) make the document available to the general public on the Town's official website and at the Town Clerk's office (and/or any other suitable location) to commence formal review. I'� Page 3 of 3 c THE ENCLAVES HOTEL AND RESTAURANT MATTERS TO BE CONSIDERED This Memorandum addresses Section 280-143 of the Town Code. A. The character of the existing and probable development of uses in this district and the peculiar suitability of such district for the location of any of such permitted uses. The Main Street, NYS Rte. 25, is the principal commercial street in the Village of Southold. The town Code particularly provides for significant retail and other business uses. Nearby is a car dealership. Across from the proposed hotel is a 7-11 store. Adjacent to this site is a boat repair and storage facility. The Zoning Use District in which this parcel is located permits hotels by special exception. Thus the Town Board, subject to Zoning board review, considers this an appropriate site for a hotel. B. The conservation of property values and the encouragement of the most appropriate uses of land. The uses permitted reflect constant value for all properties in this Zoning Use District. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or indue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. The applicant's traffic study indicates that the use and the proposed entrances and exits will not adversely impact vehicular traffic. 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. As noted in the applicant's submission there is public water available. The proposed sanitary system has been carefully engineered and is being approved by the Suffolk County Department of Health Services. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. The hotel will not produce obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. It is not anticipated that there will be electrical discharges, light, vibration or excessive noise from the proposed use. Lighting will be in compliance with dark sky requirements. 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. While there are no adjacent public parking or recreational facilities, the off-street parking will not interfere with other 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. Adequate parking is provided at the site. 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 to 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. This site is within 1/mile of the fire house and is readily accessible to emergency apparatus. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The density at this site is in accordance with Town regulations. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. This site has adequate space for the hotel required parking and includes open space. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. There is no nearby church, school, theater,recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. The Town has designated this area for hotel use and this site is adequate and sufficient for the proposed hotel. That is demonstrated by the DEIS and EIS. a �y N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The applicant's plan shows screening of the adjacent properties and the primary activity is away from nearby residences. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. The site plan will demonstrate all stormwater runoff will be contained on site and all waste will be appropriately removed. 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. There are no natural features or systems that will be harmed through development of a hotel at this site. BOARD MEMBERS ��0� SU(/T�o Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road-P.O.Box 1179 .� .� Southold,NY 11971-0959 Patricia Acampora T = Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planameftto y'0ou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMO To: Leslie K.,Weisman, ZBA Chairperson ZBA Board Members Eric Dantes Nicholas Planamento Patricia Acampora Robert Lehnert Heather Lanza, Planning Director Mark Terry, Asst. Planning Director From: Kim Fuentes, ZBA Assistant Date: July 18, 2019 Re: REVISED Draft Environmental Impact Statement (DEIS) Dated July 2019 The Enclaves Hotel and Restaurant—SCTM No. 1000-63-3-15 Attached please find a copy of a REVISED DEIS submitted by The Enclaves, prepared by KGO Consulting Inc and P.W. Grosser Consulting, Inc. received July 17, 2019 and dated July 2019. A,copy of the DEIS was also mailed to our environmental consultant, Carrie O'Farrell of Nelson Pope & Voorhis. PVGC CLIENT DRIVEN SOLUTIONS July 17, 2019 VIA HAND DELIVERY RFc�l��o � Leslie Kanes Weisman Chairperson 11/0 Town of Southold Zoning Board of Appeals l Town Annex /First Floor �Oh�h9e AZO/9 54375 Main Road °a,d°f Southold, NY 11971 RE: Draft Environmental Impact Statement, Revised July 2019 The Enclaves - Proposed Hotel and Restaurant 56655 Main Road, Hamlet of Southold Dear Chairperson Weisman and Honorable Board Members: In response to comments and requests received by Memorandum dated June 11, 2019 from Nelson, Pope & Voorhis, LLC (NPV), we have revised the Draft Environmental Impact Statement (DEIS) for The Enclaves - Proposed Hotel and Restaurant. Through coordination with your consultant, NPV, we are hereby transmitting the following: 1. Two (2) flash drives including the following: A. Electronic Copy of Complete DEIS, Revised July 2019 including Appendices B. Electronic Red-Lined Version (Text Only) to illustrate the changes made pursuant to the comments and requested changes made in June 11, 2019 memorandum. 2. Twelve (12) copies of the following are also being provided: A. Revised Cover Page for Binders B. Revised DEIS Text Document, including cover page and table of contents C. Revised Figures 6, 18 and 19 (Replacements for Appendix A) D. New Figures 20 through 23 (additional photo-simulations) and Figure 24 (Community Service Districts Map) (Add to Appendix A) E. Revised Site Development Plans (Appendix C) F. Revised Restaurant Floor Plans (Replacement of Restaurant Plans in Appendix D) G. Revised Soil Mechanics letter (Replacement for Appendix E) H. New Figure - Sea Level Rise (Insert for Appendix F) I. Revised Traffic Study - text portion only (Replacement in Appendix 1) J. Revised Noise Study (Replacement of Report in Appendix J) K. New Lead Hazard Mitigation Letter from SCDHS (Add to Appendix L) CLIENT DRIVEN SOLUTIONS PWGROSSE C®m BOHEMIA,AVENUE,16 LONG ISLAND • MANHATTAN SARATOGA SPRINGS • SYRACUSE • SEATTLE • SHELTON PVGC CLIENT DRIVEN SOLUTIONS To assist in distribution, we have provided the aforementioned information as separate sets so that they may be distributed to those who received the initially filed binders in April 2019. Pursuant to 6 NYCRR §617.9(a)(2)(ii), the lead agency must determine whether to accept this resubmitted draft EIS within 30 days of the filing date or August 16, 2019. Please do not hesitate to contact this office with any questions or requests. Thank you. Sincerely, P.W. GROSSER CONSULTING Bryan Grogan, PE' Vice President Cc: J. Tibbett (w. enc.) C. Cuddy, Esq. (w.enc.) z CLIENT DRIVEN SOLUTIONS PWGROSSE C®M B®8 EMIA,NY11716 LONG ISLAND • MANHATTAN • SARATOGA SPRINGS • SYRACUSE • SEATTLE • SHELTON rj J2 vauL& p -- CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailine Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charlescuddy@optonline.net June 18, 2019 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Southold Town RECEIVED PO Box 1179 Southold,?QTY 11971 AN 212419 Zoning Board of Appeals Re: The Enclaves Hotel and Restaurant-Draft Public Scoping for DEI SCTM41000-63-3-15 Dear Ms. Weisman: A question was raised at the SEQRA review session concerning the presence of lead in the house that it is to be converted into a restaurant.Please note the enclosed abatement letter from the Suffolk County Department of Health Services. If you require, I would be pleased to further discuss this matter with you. Very truly yours, CRC:ik Charles R. Cuddy Enclosures cc: William Duffy, Town Attorney W NELSON, FRQBE 6 VOORHIS, LLC IIIENVIRONMENT L G CONSULTING .nelsonpopevod Is Com d0fil 12 20, MfMORANDUM �� To: Leslie Weisman, Chairperson and Members of the Town of Southold Zoning Board of Appeals cc: Charles R. Cuddy(Project Counsel) From: Carrie O'Farrell,AICP, Senior Partner Date: 6/11/19 Re: The Enclaves Hotel and Restaurant,Draft Environmental Impact Statement Completeness Review&Preliminary Comments At the request of the Town Zoning Board of Appeals ("ZBA"), Nelson, Pope & Voorhis, LLC ("NP&V") has reviewed the Long Environmental Assessment Form ("LEAF") Parts 1, 2 and 3, SEQRA Determination of Significance(i.e.,Positive Declaration)dated November 16,2017,Final Scope dated April 19, 2018, and Draft Environmental Impact Statement submitted by the Applicant, dated April 2019, including all studies, reports, figures, photos, plans, and other associated materials contained within the DEIS for"The Enclaves Hotel and Restaurant" Special Exception Use Permit ("SE Permit"). The purpose of this memo is to assist the ZBA, as Lead Agency, in determining whether the DEIS is "complete" based on the scope and content requirements of the agreed upon Final Scope and 6 NYCRR Part 617, Subsection 617.9 (b) ("Environmental impact statement content") of the State Environmental Quality Review Act ("SEQRA") so that the public review process for the DEIS and SE Permit can begin. Based on our review, we have identified scope omissions and recommended corrections, clarifications noted herein. Therefore, we recommend that the DEIS be deemed "incomplete" and the applicant be advised to address the following items outlined below. Once the DEIS is revised, resubmitted and determined to be "adequate" by the ZBA in terms of its scope and content, the ZBA as Lead Agency will: 1) formally "accept" the document by resolution; 2) distribute or make the DEIS available to other involved agencies; 3) file a DEIS Notice of Completion and schedule a public hearing in the NYSDEC's Environmental Notice Bulletin (`BNB") and a newspaper of area-wide distribution; and 4) make the document available to the general public on the Town's official website and at the Town Clerk's office (and/or any other suitable location)to begin formal review. During this comment period,the Board may have substantive comments, which along with substantive comments from our office, would be issued to the applicant during the public comment period and addressed in the Final EIS. CORPORATE OFFICE HUDSON VALLEY OFFICE 572 WALT WHITMAN ROAD MELVILLE, NY 1 1747-21 BB 156 Route 59,Suite C6,SUFFERN.NY 10901 PHONE (631)427-5665 • FAX (631)427-5620 PHONE (845)366-1472 • FAX (B45)36B-1 572 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant 1.0 Description of Action The application under review includes the following proposed actions and/or improvements: • Expansion and renovation of an existing two-story home, including connecting an existing adjacent shed to the main building with a 519+ SF addition and converting the entire structure into a 74-seat "sit-down" restaurant with a gross floor area of 3,806± SF, plus 524±SF of cellar space. • Removal of a second shed that is currently located on-site and retention and reuse of an existing one-story detached residential garage for storage for the restaurant operation. • Construction of a two-story L-shaped hotel building with flat roof containing forty (40) 500 SF - 540+/- SF hotel rooms to the north of the proposed restaurant, and four detached 594+/- SF cottages on the north side of the hotel building. • Installation of an outdoor in-ground swimming pool, pool patio, and pool cabanas on the west side of the proposed hotel building, a small decorative fish pond and lawn/outdoor event area on the south side of the 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, installation of other essential utilities (public water connections, electricity, telephone, cable, etc.) and miscellaneous minor recreational amenities and accessory features. The proposed STP would be a Biologically Engineered Single Sludge Treatment (`BESST") system.An STP control building would be installed to house aeration blowers,odor control equipment, and the operator's laboratory space. Treated effluent would discharge into a subsurface effluent disposal system consisting of several leaching pools. • Construction of two parking lots with a combined total of 160 parking spaces, including 40 spaces for the restaurant use and 120 spaces for the hotel use. The restaurant parking area would contain 27 paved surface parking spaces including two Americans with Disabilities Act("ADA") stalls, 11 grass pave spaces and two grass overflow spaces. The hotel parking area would contain 96 paved spaces, including four ADA stalls, and 24 grassed overflow spaces. All standard (non-ADA) spaces would be 9 feet wide by 20 feet long and interior double loaded parking areas will have 24-foot wide center aisles and ADA spaces that would be designed in accordance with ADA requirements. Access to the site would be via a one-way access driveway off Main Road at the east end of the property and a one-way site egress on to Main Road at the west end of the property. The restaurant and hotel buildings will be connected by an interior street containing a vegetated median strip. • Retention of some existing trees and the planting of vegetation would be provided along the perimeter of the site for screening and buffering. A Special Exception Use Permit is required from the ZBA for the hotel use and Site Plan approval is required from the Town Planning Board for the entire project. Other reviews, permits, and/or approvals that are necessary prior to the issuance of a Building Permit for the project include: an Article 6 Permit from Suffolk County Department of Health Services ("SCDHS");Highway Work Permit from the New York State Department of Transportation("NYSDOT"); and State Pollution Discharge Elimination System ("SPDES") permit and SPDES sewage discharge permit from the � if`~ Page 2 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant New York State Department of Environmental Conservation ("NYSDEC"). Suffolk County Planning Commission ("SCPC") has General Municipal Law Section 239-m planning review authority over the proposed action and public water and utility service connections are also required from the Suffolk County Water Authority ("SCWA"), and PSEG Long Island and National Grid, respectively. 2.0 Location The subject property is 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. The property address is 56655 Route 25 ("Main Road") and the subject parcel is identified as Suffolk County Tax Map District 1000, Section 63, Block 3, Lot 15. The 6.75-acre property is zoned "Hamlet Business" and is located within a mixed commercial/ single-family residential neighborhood at the easterly edge of the Southold Hamlet Business District. The south side of the property is currently developed with a two-story single-family home, detached garage and two sheds but the area behind these buildings is undeveloped. The site contains a small lawn, some ornamental landscaping, some fringing/perimeter woodlands consisting mostly of southern successional hardwood forest species,and old field successional growth associated with a previous agricultural use. 3.0 SEQRA Classification It should be noted that the proposed action was formerly classified as an"Unlisted"action pursuant to pre-2019 SEQRA regulations; however, recent (2019) amendments to 6 NYCRR Part 617 now classify the project as a Type I action. The reason for this change in status is due to Subsection 617.4 (b)(9) which states that an action must be classified as a Type I action when it: "exceeds 25 percent of any threshold established in [617.4, `Type I actions']" and is proposed "wholly or partially within, or substantially contiguous to, any historic building, facility, site or district or prehistoric district that...has been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places." The existing home on the subject property, known as the "Lester Albertson House," is classified by the NYS Office of Parks,Recreation and Historic Preservation("OPRHP")as eligible for listing on the State and National Registers of Historic Places. This criterion, in conjunction with 25 percent of Subsection 617.4 (b)(6)(i) ("a project or action that involves the physical alteration of 10 acres" i.e., 2.5 acres), makes the subject action a Type I action. �Ir Page 3 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant 4.0 DEIS Completeness Review Comments SEQRA requires that a DEIS be determined to be adequate in terms of its scope and content pursuant to the DEIS's Final Scope and SEQRA Subsection 617.9(b), "Environmental Impact Statement Content,"prior to acceptance and circulation for public review to ensure a complete and accurate record. The following is a summary of identified DEIS omissions or deficiencies, and preliminary comments. 4.1 Omitted Items and Preliminary Comments Cover Page The cover page has a line for the date of DEIS acceptance but does not have a line for the date comments on the DEIS must be received by as required by SEQRA 6 NYCRR Part 617, Subsection 617.9 (b)(3)(viii). Section 1.0 Description of Proposed Action (See Page 3 of Final Scope) The following items were not included in Section 1.0, "Description of Proposed Action," as required by the Final Scope: • List of community service districts that the site is located within (school, fire, police, ambulance and ambulance districts; the water district has been addressed); • Site zoning and surrounding zoning pattern and general recognition of consistency or nonconsistency with zoning; • Brief description or characterization of surrounding land uses/land use pattern; • Reference to appropriate figures/maps depicting community service districts, existing land use, and existing zoning); • Description of preliminary operations including a detailed description of the various components/uses of the proposed hotel, including hours of operation/use for the restaurant, anticipated frequency of use for conference spaces and events, including any proposed outdoor music (weekday/weekend, duration and season); • Anticipated hours that construction work will be performed. • Subsection 1.2.4, Table 2, "Site Data for Existing and Post-Development Conditions," includes an entry of"3.563 ac (167,065 SF)." Please check the math on these numbers as there appears to be a significant discrepancy between the above conversion and the actual number using 43,560 SF/acre. This difference does not appear to be due to minor rounding error as 3.563 acres is 155,204 (a difference of nearly 12,000 SF) and 167,065 is more like 3.835 acres, a difference of more than one-quarter acre. • Subsection 1.2.9, Table 3 "Solid Waste Generation," indicates that solid waste for the restaurant would be 296 lbs./day for the restaurant but it does not appear that this projection factored in the 2 lbs./day per meal multiplier which would make the total 592 lbs./day or 9.0 tons/month. Please check this figure and revise as necessary throughout the document. ��� Page 4 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant Section 2.1 Soils and Topography (See Page 6 of Final Scope) • Estimated land area to be cleared/disturbed. • Maximum depths of cut and fill. • Estimated volume of soil to be removed from site, estimated number of truck loads this will be, and estimated length of time for removal of excess soil. (Total cut is provided but no estimate is provided of the volume to be removed, other than stating that the"majority" would be shipped off-site). • Section 2.1.2, page 15, first paragraph states in part "...disturbance of soils for building foundations, utility installation, grading, paving, and landscaping." For greater completeness and accuracy, NP&V recommends that the"in-ground swimming pool" and "fish pond" be included in this list and it is recommended that "drainage" and "sanitary system" be added to supplement the statement regarding underground "utilities" which could be interpreted as only electrical, natural gas, telephone, cable, and drinking water services. Section 2.2 Water Resources (See Page 6-7 of Final Scope) • Projected total stormwater runoff volume after construction from the two-inch rainstorm in cubic feet (This projection should be compared to total capacity of proposed drainage system); • Information about the decorative fishpond. This would involve a brief discussion to characterize this feature such as the total surface area of the pond, its depth,materials to be used/how will it be lined, any necessary equipment (e.g., aerators, pumps, storage tanks), any required maintenance,how and where pond water will be discharged if maintenance is required, species of fish and type of vegetation to be included, etc.). • Please also note that Subsection 617.9(b)(5)(iii)(i) of SEQRA ("Environmental Impact Statement Content") requires that "measures to avoid or reduce both an action's impacts on climate change and associated impacts due to the effects of climate change such as sea level rise and flooding' must be considered. NP&V did not see such a discussion in the DEIS. • The wording of the following sentence on page 19 of the DEIS, "Based upon the USGS map (see Figure 5 in Appendix A), the depth to groundwater varies across the site from twenty five(25)feet above mean sea level (amsl) on the south side of the property to thirty three (33) feet amsl on the northwest corner of the property[,]" is inaccurate and should be revised accordingly. The reason for this comment is that the groundwater table is not 25 or 33 feet above mean sea level as indicated on the water contour map in Figure 5 or the soil borings on Sheet C-201. That is, the actual elevation of the water table is roughly a few inches to 2 feet above mean sea level, although the depth to groundwater may be 25- 33 feet deep from the ground surface. For example,Boring 1 has a ground surface elevation of 26.0±feet and the depth to groundwater is 25'8"thereby indicating that the elevation of the water table at this location above mean sea level is around 4 inches (0.33-feet). i A �� Page 5 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant • Projections of water demand and sewage generation should include anticipated demand/flow for a 250-person wedding reception based on total number of attendees, employees and any others, and demonstrate that the proposed BESST system can accommodate this flow. • Page 19, states that according to "Suffolk County's recent groundwater models developed for the Long Island Nitrogen Action Plan (LINAP), the local groundwater flow direction is estimated to be south, towards Town Creek/Southold Harbor [and a]ccording to the LINAP models, the groundwater travel time to Town Creek/Southold Harbor is in the 2- 10 year contributing area depending upon the location within the property." The referenced data or maps should be included in the DEIS to support the written conclusions in the text of the DEIS. • Top of page 22, regarding surface waters: It is recommended that Hippodrome Pond be mentioned as well, as some groundwater flow from beneath the site may be toward the south-southeast, and the topography and local surface drainage system may flow toward this area, and although the DEIS indicates that the entire flow from a two-inch (ten-year) 24-hour storm would be collected and recharged on-site, any storm that is larger would likely contribute runoff to the street drainage systems or off-site locations. • Page 33 states that the preliminary drainage plan for the project has been designed and "installed." The word installed should be deleted or please add the words "will be" before the word "installed." Section 2.3 Ecological Resources (See Page 7-8 of Final Scope) • Identification of those existing plant species that are classified as"exploitably vulnerable." • The EIS indicates that existing trees will be retained within the 25' rear yard and 10' side yard setback that will provide screening for adjacent properties. Based on the proposed site grading and disturbance from equipment for installation of the proposed STP, it is not clear how such trees will be retained. The trees locations should be located on the plans with indication of the extent of tree crowns and the limit of disturbance accounting for necessary construction equipment access to determine if the retention of trees is feasible and can be considered as mitigation. Section 3.1 Land Use, Zoning and Plans (See Page 8 of Final Scope) • Discussion/description of proposed uses on both the first and second floor of the restaurant building (e.g., rather than just stating that it will be a restaurant please note office space, kitchen area, take-out area, pantry, staff locker room, food prep area, private room, types of indoor events if any envisioned,number of seats and bar stools on each floor, any storage space in basement, etc.) • Entertainment or activities that may occur at outdoor special events (particularly whether amplified music (DJs, bands, etc.), public speaking or officiating are expected, anticipated days of the week, hours of day/night, months of the year that such outdoor events would ' i% Page 6 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant likely be held (e.g., Fridays and Saturdays between 6:00 PM and 9:00 PM during the months of June,July and August) • Top of page 82 under the heading"Consistency with Relevant Planning Documents": This section indicates that: "The following statements were identified as relevant to proposed project and an assessment of the proposed project's conformance with each statement follows in italics." The sentence is a little misleading as it suggests that the project's consistency with each statement is in italics when it is the text from the plan, not the response, that is in italics. Section 3.2 Transportation (See Pages 8-10 of the Final Scope) • Indicate whether large vehicles (e.g., limousines and buses) will access and park on-site and how the action accommodates appropriate interior traffic circulation and parking of oversized vehicles. • Hotel Use: The architectural plans depict meeting rooms as well as gathering and dining areas in the hotel. Clarification should be provided regarding the operations of these accessory uses and they should be accounted for in the parking calculations, as stated in the Town Code. Documentation also states that this facility will be used for special events such as weddings and therefore the adequacy of parking for the 200-250 attendees for special events should be demonstrated (accounting for worker parking) based on parking provided. • As requested in the scope, a discussion should be provided to assess on-street parking on the north and south sides of NYS Route 25 in the parking analysis and the potential impact to the adjacent properties. If overflow parking is anticipated on NYS Route 25 during special events, the final scope requires evaluation of safety of pedestrians crossing NYS Route. Section 3.3 Aesthetic Resources and Community Character (See Pages 10-11 of the Final Scope) • Changes to the aesthetic character of the site and surrounding neighborhood must include the effects of proposed outdoor lighting and signage; • The assessment should also include a discussion of community character from the standpoint of the "surrounding neighborhood," particularly, residential uses to the east (e.g., whether the hotel would be visible from these homes and the change in site density and conditions from a forest and successional old field environment to a new two-story 61,200 SF 44-room hotel and 160 parking spaces for both uses. • The Final Scope requires that the assessment of impacts on aesthetic resources and community character, include to-scale computer-generated imagery to illustrate existing conditions and changes to views from vantage points along Main Road and netghborinz/adjacent land uses (assuming proposed landscaping at moderate maturity). Figures 18 and 19 submitted with the Draft EIS do not clearly label existing and proposed conditions. The Draft EIS text should provide an accompanying narrative to describe the methodology, software, and assumptions used in the preparation of the photo-simulations ii Page 7 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant to ensure that a verifiable accurate representation has been provided (i.e., how grades were established, assumptions for tree locations and tree maturity, etc.). The photo-simulations appear to show a number of mature trees that would be removed in accordance with the proposed grading plan. Additionally, photo-simulations should be provided to access the anticipated view from both the east and west bound approach along Main Road and from the neighboring properties (particularly the residential properties to the east). • A discussion regarding landscaping including quality and adequacy of buffers, screening, retention of vegetation and proposed vegetation. Section 3.4 Noise and Odor (See Page 11 of the Final Scope) • The sound analysis considered the impacts of increased traffic and raised voice levels at special events but did not consider the impacts of amplified music at such an event from a DJ, band, or sound system). Amplified sound would clearly be louder than raised speaking voices, would have to be loud enough to be heard by everyone at an event, and would be additive to other sound generated on-site, and may be louder than traffic or non-amplified voices alone. This is of concern due to the finding in the noise analysis that voices alone during a special event would be"noticeable and significant"thereby prompting some noise mitigation. Soundwaves from amplified music would also be expected to include lower frequencies (bass) than other sources, which travels farther than higher frequency waves and may be more difficult to properly mitigate. • The DEIS must demonstrate that sound, including that generated from amplified music or speaking or officiating using a public address system at special events will not exceed the maximum permissible sound levels of 65 dBA or 50 dBA during the hours specified under § 180-6 and § 180-7 of the Southold Town Code. This would include assessing the sound levels from amplified sound during an outdoor special event (which could conceivably occur nearly every weekend throughout a summer), the reduction in sound levels from proposed mitigation (e.g., sound reducing capabilities of the temporary sound wall to be used during outdoor special events), distance from sound source to sound receptor and anticipated days of the week, hours of the day and night and months of the year or season that outdoor special event noise would be generated. • As far as construction related noise, the applicant should indicate the anticipated work schedule for construction activities including days of the week, hours of the day and whether work would be conducted on holidays. This must be consistent with the Town's Noise ordinance which is codified in Chapter 180 of the Southold Town Code and a commitment to obey construction scheduling noise restrictions should be proffered. Section 3.5 Historic and Archaeological Resources (See Page 11-12 of the Final Scope) • Subsection 1.2.2 states that the OPRHP issued a"No Impact" determination in its letter of February 19, 2019 (provided in Appendix K of the DEIS). However, a review of the letter indicates that that determination was conditional upon a few modifications to the proposed plan, including but not limited to the removal of shutters. An examination of the architectural elevations for the proposed building addition and associated features includes Page 8 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Motel and Restaurant shutters. The OPRHP's letter also discusses the removal of a proposed parapet on the west elevation which also appears to still be present. Based on NP&V's reading of the OPRHP's February 19, 2019 letter it is our understanding that the finding of"No Adverse Impact" on historical resources was conditioned on the removal of these features as this letter would seem to supersede the December 28, 2017 letter in this regard. Please explain or clarify how this is consistent with the OPRHP recommendation or consider revising the drawings in conformance with those conditions. Section 3.6 Human Health and Safety (See Page 12 of the Final Scope) • The Final Scope states that"[i]f necessary and based on [Environmental Site Assessments (ESAs)], groundwater sampling will be performed." The DEIS makes no mention of groundwater sampling. If the ESA concludes that groundwater sampling is not necessary, then the DEIS should state this and specify why groundwater sampling is not necessary. If groundwater sampling is needed it should be conducted. • Given the age of the existing house, this section should address the potential presence lead based paint and asbestos and necessary measures to remove/and or handling requirements associated with proposed renovation work. • The ultimate disposition of the existing on-site septic system should be indicated. That is, will it be removed from the site, abandoned in place, or continue to be used for some purpose? Also indicate any plans for the existing on-site 275-gallon above ground storage tank("AST"). Section 4.0 Other Required Sections (See Pages 12-13 of the Final Scope) • No issues related to scope of this section were identified Section 5.0 Alternatives and Their Impacts (See Page 15 of the Final Scope) No issues related to scope of this section were identified Plans, Figures, Exhibits • The large color simulations of the hotel provided in the appendices should be labeled to indicate which elevation is being displayed so that the perspective of the viewer is clearer. • See comment above in Section 3.3. The photo-simulations provided as Figures 18 and 19 should be labeled to clearly indicate existing conditions vs. proposed conditions. • Sheet C-001 indicates that a 10-foot diameter leaching pool has a volume of 31.4 CF/foot when it should be 68.42 CF/foot. The calculations on the Drainage and Grading Plan also indicate that the multiplier should be 68.42 CF/foot. Even though the system is expected to have enough volume to accommodate the two-inch 24-hour design storm,this should be corrected. Please revise or clarify why there is a discrepancy. ` PAW Page 9 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant • Proposed Site Traffic Control and Parking Plan sheet C-100: The row of paved parking on the north side of the cottages indicates a total of"11"parking spaces but there are appears to be only 10 spaces. • Section 280-79 A.(5) of the Southold Town Code requires one off-street loading space or berth for each 2,500 square feet of hotel floor area. No loading spaces/berths are shown on the Site Traffic Control and Parking Plan (or other plans) and no calculations are provided. If it is intended that the hotel drop-off area will be used for this purpose, please indicate this, and specify whether the project meets the Town's requirements. • The "Lower Level Plan" (i.e., basement floor plan) (Sheet A2.1) does not show what the east wing of the lower level of the hotel will be used for if at all. Please indicate the use of this part of the basement if any(e.g., storage, to remain vacant, etc.). • Language at the bottom of the "ADA Parking Calculations" box on the "Proposed Site Traffic Control and Parking Plan" (Sheet C-100) states that two ADA compliant parking stalls and one ADA van accessible parking stall are proposed (three total) but there only appears to be one ADA space and one ADA van accessible space on the restaurant site (two total). Please revise or indicate why the count as provided is correct. It is noted that the hotel portion of the site has four ADA spaces which is correct. • The "Proposed Site Drainage and Grading Plan" (Sheet C-200) shows a swimming pool drainage pool but there does not appear to be any calculations or discussion to indicate whether the leaching pool is sufficiently sized to handle the contents of the swimming pool or if the capacity of the proposed storm drainage system will accommodate discharge from the pool, in addition to stormwater runoff from a two-inch 24-hour rainstorm. • The"Proposed Site Drainage and Grading Plan" (Sheet C-200)—See Comment to Section 2.3 above. The EIS indicates that existing trees will be retained within the 25' rear yard and 10' side yard setback that will provide screening for adjacent properties. The trees locations to be retained should be located on the plans with indication of the extent of tree crowns and the limit of disturbance accounting for necessary construction equipment access to determine if the retention of trees is feasible. The Erosion Control Plan (Sheet C-300) should be updated to address any changes to the limit of disturbance. • The plans depict a feature behind each of the cottages that is labeled"H.T." It is assumed that this is a holding tank of some kind but there is nothing on the plans or on the site plan legend that defines these features and there does not appear to be any piping connecting these features to the sanitary or drainage system. Please define the feature on the plans. • The Site Lighting and Details plan (Sheet C-500) notes state that 100-watt metal halide bulbs will be used but the cross-sectional diagram indicates that 100-watt high pressure sodium bulbs will be used. Please explain/clarify or revise accordingly. The lighting plan should include notations indicating whether the plan complies with the maximum lumen levels specified in § 172-5.B.(4)(a) and whether lighting will: 1) be controlled by timers or photosensors per § 172-5.A.(2), 2) and whether canopy lights are proposed at the drop- off area and that they will comply with § 172-5.A.(3). • Section 172-7 G. (1) "Lighting, Outdoor," "Prohibitions," of the Town of Southold Code states that high-intensity discharge, including metal halide, and high-pressure and low- , � � Page 10 of 11 DEIS Completeness Review&Preliminary Comments The Enclaves Hotel and Restaurant pressure sodium lamps and fixture types shall not be permitted. Please verify that these are not proposed, and if they are please revised to comply with the Code. • The NYSDEC"Freshwater Wetlands Map" (Figure 6) shows NYSDEC wetlands depicted in color but the legend shows NYSDEC wetlands with no color. The wetlands areas and the legend should match. Miscellaneous Comments • Page 81, paragraphs 2 and 3 reference the wrong sections of Code. These sections should be cited as §§ 280-94 C. and 280-94 D., respectively. Moreover, as noted above, it should be demonstrated how the plan complies with these standards. • Page 2, of the"Soil Mechanics"report provided in Appendix E of the DEIS discusses frost penetration and states that"...all exterior foundations must have a minimum of`e' feet of cover." (emphasis added). This typographical error must be corrected so that this recommendation can be implemented in the future. • A full spell and grammatical check should be performed to improve the clarity and readability of the document. �� Page 11 of 11 1 i BOARD MEMBERS _ QF SO(/ Southold Town Hall Leslie Kanes Weisman,Chairperson O�� Ty�l J 53095 Main Road •P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acarhpora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YC�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 May 21, 2019 Andrew V. Giambertone, AIA, President Andrew V. Giambertone &Associates, Architects 62 Elm Street Huntington,NY 11743 RE: Draft Environmental Impact Statement (DEIS) The Enclaves, 44 Unit Hotel &Restaurant SCTM No. 1000-63-3-15 Dear Mr. Giambertone; J We are writing to inform you that by the end of this week the Town Zoning Board of Appeals (ZBA) environmental consultant, Carrie O'Farrell of Nelson, Pope &Voorhis, LLC will be submitting a draft memo to the ZBA based on their review of the Draft Environmental Impact - Statement for the above referenced application.- In pplication.In order to discuss this matter with our consultant, the ZBA intends to meet during the next regular meeting of the Board of June 6, 2019, and the comment letter will be finalized at the direction of the Board and sent to your attention shortly thereafter. As such, the Town requires a minor extension of the recommended 45 day timeline to complete the review of the Draft Environmental Impact Statement submitted on April 4, 2019 to determine whether the document is adequate for public review in terms of scope and content. Please contact our office if you have any questions or concerns. S' cer h - C Leslie Kanes Weisman Chairperson cc: Charles Cuddy,Esq. BOARD MEMBERS OF SOUly� h Southold Town Hall Leslie Kanes Weisman,Chairperson �O 1p 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora : Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNT`I,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ------ -------- -- -- ---- MEMO To: Carrie O'Farrell Nelson Pope & Voorhis, LLC Mail to: 572 Walt Whitman Road, Melville, NY 11747 From: Kim Fuentes, ZBA Assistant Date: April 5, 2019 _Re: _ Draft Environmental Impact Statement (DEIS) The Enclaves Hotel and Restaurant 56655 Main Road, Southold, SCTM No. 1000-63-3-15 Please see attached for your review the above referenced Draft Environmental Impact Statement (DEIS) received by the ZBA Office on April 4, 2019, prepared by Brian Grogan, PE of P.W. Grosser Consulting, Inc., dated April 2019. PVW CLIENT DRIVEN SOLUTIONS April 2, 2019 VIA HAND DELIVERY Leslie Kanes Weisman Chairperson Town of Southold Zoning Board of Appeals Town Annex/First Floor 54375 Main Road Southold, NY 11971 Re: Initial Submission for Filing- Draft Environmental Impact Statement-April 2019 The Enclaves - Proposed Hotel and Restaurant 56655 Main Road, Hamlet of Southold Dear Chairperson Weisman and Honorable Board Members: Transmitted herewith for your review,and acceptance is the Draft Environmental Impact Statement (DEIS) for The Enclaves - Proposed Hotel and Restaurant dated April 2019. As requested, 12 copies and one electronic copy are enclosed. Please do not hesitate to contact this office with any questions or requests. Thank you. Sincerely, Cc: J.Tibbett (w. enc.) C. Cuddy, Esq. (w.enc.) CLIENT DRIVEN SOLUTIONS PWGROSSE C®M BOHE JOHNSON NY 11716 LONG ISLAND MANHATTAN • SARATOGA SPRINGS • SYRACUSE • SEATTLE • SHELTON