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HomeMy WebLinkAboutEnclaves Findings Statement ZBA Adopted 2021_10_07STATE ENVIRONMENTAL QUALITY REVIEW ACT ENVIRONMENTAL IMPACT STATEMENT FINDINGS STATEMENT The Enclaves Hotel and Restaurant 56655 Main Road Southold, NY October 2021 1.0 INTRODUCTION The Town of Southold Zoning Board of Appeals (“ZBA”), as Lead Agency in this matter, has considered and hereby adopts the following findings pursuant to Article 8 of the New York State Environmental Quality Review Act (“SEQRA”), New York State Environmental Conservation Law and Title 6 of the New York State Code of Rules and Regulations (“6 NYCRR”), Part 617, Subsection 617.11 “Decision-Making and Findings Requirements.” Name of Action: The Enclaves Hotel and Restaurant Site Plan/Special Exception Use Permit Description of Action: The proposed application involves the conversion of an existing detached single-family residence, which was formerly a bed and breakfast, to a 74-seat restaurant and construction of a two-story, 40-unit hotel and four detached cottages. As part of the proposed conversion of the single-family home, the applicant is proposing to connect the structure to an existing adjacent shed by way of a 519±-square foot (SF) addition, for a total gross floor area (post-conversion and expansion) of 3,806± SF (excluding 524± SF of cellar space). An existing one-story detached garage will remain and will be used for storage, while a second existing shed will be removed. The proposed restaurant will provide 38 dedicated off- street parking spaces to the north and west of the restaurant consisting of 27 asphalt paved spaces (two of which will be ADA accessible spaces) and 11 grassed spaces. The proposed two-story hotel building will be situated in the rear of the subject property behind the restaurant. The proposed L-shaped hotel is proposed to contain 40 rooms ranging in size from 500 SF to 540 SF. Four (4) detached cottages, each with an area of 594 SF, are proposed to the north of the hotel building. The proposed hotel use will include associated appurtenances, including an outdoor in-ground swimming pool, poolside cabanas, a small decorative pond, outdoor rooftop lounge, and basement spa including pool for use by overnight hotel guests only and during agreed upon hours. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 2 of 53 Also proposed is a possible future one-story enclosed space to the south of the hotel building to accommodate limited indoor large events. This possible future event space will be subject to site plan review and approval by the Town Planning Board, including advisory input from the Town Architectural Review Board. The event space was not evaluated as a catering hall; use of this space must remain clearly accessory to the primary use as a small scale hotel. “Large events” at the proposed hotel are defined as events such as weddings, fundraising events or other private gatherings with a capacity of 100 guests to a maximum of 250 guests, held indoors, at the hotel (also referred to as “Special Events” in the Draft and Final EIS). The occurrence of large events has been limited by the Lead Agency to no more than 10 large events per year and no more than one large event per week. The frequency of small events (i.e., an event with less than 100 people) will be considered and limited by conditions set forth by the ZBA for the Special Exception Use Permit. It is noted that the large events proposed at the subject site do not meet the definition of “Special Events” pursuant to Chapter 205 (Public Entertainment and Special Events) of the Town Code and are not regulated as such. No “Special Events” as defined by Chapter 205 of the Town Code will be permitted at the property. Parking for the proposed hotel and large events is proposed to be located to the north and west of the building and will consist of a total of 122 spaces, including 96 asphalt spaces, four of which will be ADA accessible, and 26 grass spaces. Large events are restricted to no more than 10 per year and no more than one event per week. Events will be held indoors and no event will exceed a maximum of 250 persons. Access to the hotel and restaurant is proposed to be one-way-in via an existing curb cut to the east of the restaurant, and egress will be one-way out over an exit driveway on the west side of the restaurant. The proposed action also includes the construction of a sewage treatment plant (STP) to serve the proposed project, which will be situated at the northeasterly side of the subject property. The STP has a total designed capacity of 10,695 gpd and 100% plant and leaching pool expansion areas are provided as required. The proposed STP control building will be 10 feet-by-23-feet and one story in height. The STP will be fenced by an 8.5-foot-high chain link fence with slats and vegetative screening, and STP lighting has been designed to provide essential lighting without light trespass, glare or other light related impacts on adjoining properties. An existing on-site irrigation well located near the proposed restaurant will be used as the source for on-site landscape irrigation. SEQRA Classification: Type I Action The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 3 of 53 Location: The Subject Property is located at 56655 Main Road, Town of Southold, Suffolk County, New York (Suffolk County Tax Map No: District 1000 - Section 63 - Block 3 - Lot 15). The property is within the:  Southold Union Free School District;  Southold Police District;  Southold Fire District;  Suffolk County Water Authority Distribution Area #30;  PSEG Long Island Service Area; and  Town of Southold Hamlet Business (HB) Zoning District. Lead Agency: Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Date Draft Environmental Impact Statement Accepted and Filed: October 7, 2019 Date Final Impact Statement Accepted and Filed: August 19, 2021 Contact for Additional Information: Town of Southold Zoning Board of Appeals Town Annex /First Floor 54375 Main Road Southold, NY 11971 (631) 765-1809 Standards for Findings Statement Preparation and Adoption: The ZBA, as Lead Agency, must consider the Draft Environmental Impact Statement (“DEIS”) and Final Environmental Impact Statement (“FEIS”), which together constitute the full Environmental Impact Statement (“EIS”), as well as input received from the public and involved and interested agencies during the environmental review and certify through the preparation, review and adoption of this Findings Statement that it has:  considered the relevant environmental impacts, facts and conclusions disclosed in the DEIS, FEIS, and Findings Statement; The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 4 of 53  weighed and balanced the relevant environmental impacts with social, economic and other considerations;  met the requirements of 6 NYCRR Part 617;  provided a rationale for its decision; and  found that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action described herein is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable; and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures that were identified as practicable during the environmental review process. SEQRA Review Process: Lead Agency Coordination, Long Environmental Assessment Form, and Positive Declaration A Long Environmental Assessment Form (“LEAF”) Part I was prepared by the Applicant, Andrew V. Giambertone (dated April 4, 2017) and submitted to the ZBA for its review and consideration. The ZBA determined that the subject action was a “Type I action” pursuant to 6 NYCRR § 617.4 of the State Environmental Quality Review Act (“SEQRA”), and therefore, lead agency coordination was required. The ZBA identified all agencies responsible for issuing permits or granting approvals (“involved agencies”) and circulated lead agency coordination letters along with a copy of the LEAF Part 1 to each agency. Upon conclusion of the required 30-day Lead Agency coordination period and having received no expressed interest from other agencies in becoming lead agency or objection to the ZBA’s request to assume required lead agency responsibilities, the ZBA became Lead Agency for the SEQRA review. After assuming the role of lead agency, the ZBA, with assistance from its environmental consultants, Nelson Pope Voorhis (“NPV”), prepared LEAF Parts 2 and 3 “Determination of Significance”, as well as a supplementary written Part 3 attachment. On November 18, 2017, the ZBA formally issued a Determination of Significance by adopting a “Positive Declaration” pursuant to SEQRA, finding that there was a potential for one or more moderate-to-large impacts from the project if not prevented or suitably mitigated and that an Environmental Impact Statement must be prepared. The ZBA determined that the scope and content of the DEIS must be guided by a formal scoping process and scoping document with public input to focus the environmental review on identified issues of environmental and public concern and ensure that these issues of concern were adequately evaluated and addressed. The ZBA The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 5 of 53 subsequently filed a Notice of Positive Declaration which was posted in the New York State Department of Environmental Conservation’s (“NYSDEC’s”) Environmental Notice Bulletin (“ENB”) on December 13, 2017. Scoping A Draft Scope was prepared by the Applicant and his environmental consultants. The Draft Scope was accepted by the ZBA and made available to the public and distributed to involved agencies. A Notice was filed with the NYSDEC ENB, and a public scoping session was held on March 15, 2018. During the scoping session, information, ideas and opinions were provided by the Applicant’s representatives, the ZBA, and the public. Verbal comments entered into the record that night, were compiled and the written comment period was kept open until the close of business on March 26, 2018, to receive written comments. Based on the input received at the public scoping session and through subsequent correspondence entered into the record, a Final Scope was prepared and on April 19, 2018, the ZBA adopted the Final Scope. Preparation and Acceptance of Draft Environmental Impact Statement, Public Hearing and Written Comment Period The Applicant submitted DEIS’ in April 2019 and July 2019. The ZBA reviewed these documents for their scope and content and requested additional information and revisions. The DEIS was revised accordingly and resubmitted in August of 2019. On October 7, 2019, the ZBA determined that the DEIS was adequate with respect to its scope and content for the purposes of acceptance, filing, distribution, and commencing the public review process. A DEIS Notice of Completion was published in the ENB on October 16, 2019, which included notice of a public hearing to be held on November 7, 2019, and a deadline for written comments of November 18, 2019. The Notice of DEIS Completion and the scheduling of public hearing were also published in a local newspaper of area wide circulation as required by SEQRA and its public noticing requirements. The DEIS was distributed to involved agencies and was made available to the public for review in both paper copy and digitally, on the Town’s website. The public hearing was held as scheduled and the ZBA decided at that time to extend the written comment period an additional three weeks to December 9, 2019, to provide additional time for public and agency comments. The total time period for public and agency comments was 63 days (nine weeks), which extended from the time the DEIS was accepted by the ZBA on October 7, 2019, until the close of the written comment period on December 9, 2019, thereby exceeding SEQRA’s minimum mandated 30-day public review period. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 6 of 53 Preparation and Acceptance of Final Environmental Impact Statement Preparation and submission of a FEIS represents the penultimate step in the SEQRA process and along with the DEIS, provides the basis from which the Lead Agency (in this case the ZBA) prepared this SEQRA Findings Statement. A FEIS identifies and addresses in writing all substantive related verbal and written comments received from the public and involved and interested agencies during the public and agency outreach period. A FEIS also provides the public and involved and interested agencies with the following:  descriptive information about the action reviewed;  documentation of the review process and the action’s consistency with SEQRA’s procedural requirements;  a summary of substantive and relevant written and verbal comments received during the designated public review period;  the source and manner of delivery of each comment (i.e., verbal comments during the hearing, written comments via letter, email, fax, etc.);  responses to all substantive and relevant comments received during the designated public review phase;  any necessary corrections, amendments or modifications to the DEIS;  analysis of the Action’s potential environmental effects; and  any additional strategies, techniques or design modifications identified to prevent or mitigate impacts that may have not been previously identified. Applicant submitted a draft FEIS to the ZBA in April of 2020, which was revised several times at the request of the ZBA. On August 19, 2021, the ZBA accepted the revised FEIS as complete, provided a 22-day public and agency consideration period (August 19, 2021 through September 10, 2021), and a Notice of FEIS completion and acceptance was published in the ENB on September 1, 2021. The full EIS (DEIS and FEIS) was prepared in accordance with the standards and procedures set forth by SEQRA and its implementing regulations as promulgated by Part 617, Title 6 of the New York Code of Rules and Regulations (6 NYCRR Part 617). The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 7 of 53 Preparation and Submission of SEQRA Findings Statement A Findings Statement is a written statement prepared by the lead agency or an involved agency after a FEIS has been filed, that considers the relevant environmental impacts presented in the EIS, weighs and balances them with social, economic and other essential considerations, provides a rationale for the agency’s decision and certifies that SEQRA requirements have been fulfilled. Once the designated 22-day (August 19, 2021 - September 10, 2021) FEIS public and agency consideration period had lapsed, this SEQRA Findings Statement was prepared. This Findings Statement along with the EIS provides the basis for a final SEQRA Determination of Significance. 2.0 IMPACTS, MITIGATIONS, FINDINGS AND CONCLUSIONS The following is a summary of relevant facts, environmental impacts, identified mitigation, project benefits, social and economic considerations, alternatives considered, and the Lead Agency’s findings and conclusions from the environmental review process. 2.1 Soils and Topography 2.1.1 Impacts The proposed action will result in the disturbance of soils from:  site clearing, grading and paving;  construction of basements, foundations, and buildings;  installation of an in-ground swimming pool, decorative pond, subsurface drainage infrastructure, STP leaching pools, and utilities;  planting of landscaping; and  other associated activities and improvements. Based upon the preliminary site plan, the total land area to be disturbed on the 6.75-acre site is 6.25± acres. Clearing and disturbance of soils for construction and regrading activities increases the potential for dust, erosion and sedimentation. The Soil Survey of Suffolk County, New York indicates that there are few or no engineering limitations for the development of buildings, streets and parking lots, for the establishment of The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 8 of 53 lawns or landscaping, and sanitary disposal. Based on test boring data submitted by Soil Mechanics, all soils below three feet in depth will satisfactorily support foundation loads of two (2) tons per square foot and exhibit excellent drainage characteristics. Within the footprint of the proposed two-story hotel building, Soil Mechanics recommended removal of all of the loam and, if needed, replacing this material with a clean inorganic granular material. It is expected that sand on-site can be used as fill to address this issue. Pesticides and metals likely related to historical agricultural use were detected in shallow soils at the site. As future plans for the site consist of redeveloping the property, Applicant’s consultants prepared a Soil and Materials Management Plan (“SMMP”) to address the identified impact. The SMMP, includes the following provisions:  Proper offsite disposal of excess surface soils generated during redevelopment;  Impacted soils remaining onsite should be capped by impervious materials (e.g., concrete building slab, asphalt pavement) or clean fill material;  Vertical mixing of impacted surface soils by mechanically mixing them with cleaner soil found at greater depths;  On-site burial of impacted soils in excavated areas, depending on contaminant concentrations and the depth to groundwater or proximity to surface water, may be conducted; and  Landscape berms may be constructed on the property in undeveloped open areas of the property, such as in buffer areas. The landscape berms will require a one-foot cap of clean soil and a grass/sod or vegetation layer to act as a barrier to impacted soils. As the site is relatively flat, the proposed action does not include the alteration of steep slopes. Based on data provided by the project engineer, the grading program will result in an excess cut of approximately 8,764 CY of material. The maximum depths of cut and fill will be 12 feet and two (2) feet, respectively. Some of this material may be kept on-site for capping in areas that are not disturbed (e.g., buffer areas), or used in vertical mixing, or for fill on the site; however, most will need to be transported off-site during the construction period. Based on the preliminary site plan and design, it is estimated that approximately 6,044 CY of material will be removed from the site. Based upon an estimated load of 20 CY per construction vehicle, approximately six (6) to seven (7) construction vehicles per day over a period of two months is expected, assuming 24 working days per month for two months. All excess soil will be characterized for disposal purposes. Soil wastes will be transported to permitted off-site disposal facilities in accordance with NYSDEC Part 360. Other soils, if The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 9 of 53 determined to have a beneficial use, will be transported to other appropriate sites in accordance with NYSDEC Part 360. To prevent tracking of potentially impacted soil into areas where neither remediation nor other risk management measures are planned, the following precautions will be taken:  Access to areas in which a clean soil cap has been constructed would be limited by temporary barricade fencing until landscaping activities have been completed.  Vehicles and equipment will be cleaned or washed down prior to moving from impacted areas to areas in which soil mitigation is not necessary or has already been completed.  Erosion controls (i.e., silt fencing or equivalent) will be installed to prevent runoff from impacted areas from entering areas in which soil mitigation is not necessary or has already been completed. Endpoint soil samples will also be collected after soil management measures are completed to determine whether surface soil concentrations of the trigger compounds are less than NYSDEC RRSCOs and PGSCOs which is the applicable maximum cleanup objectives for General Fill requirements. Proposed Erosion and Sedimentation Controls During construction activities, there is the potential for erosion and sedimentation with prolonged soil exposure and fugitive dust during dry periods. A Sediment and Erosion Control Plan was prepared by the project engineer and is included in Appendix C of the DEIS. Erosion and sedimentation controls will be Implemented prior to and during construction and will include, at minimum, stockpile protection, inlet sediment control devices for storm structure protection, silt fencing, and anti-tracking pads to prevent construction vehicles from carrying sediment off- site and depositing on local streets. Dust from work activities may contain contaminants of concern; therefore, there will be an on- site environmental technician to monitor dust levels and take immediate action when necessary. The environmental technician will implement the dust control plan provided in the SMMP if there is any actual or potential visible dust. Dust suppression measures will be employed in accordance with the NYSDEC DER-10 Appendix 1B for Fugitive Dust and Particulate Monitoring. The primary sources of dust will be equipment, vehicular traffic, and construction activities on exposed soils. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 10 of 53 If there is dust or the potential for dust in areas of concern, the environmental technician will direct that the area be wet down. Calcium chloride may be used if dust cannot be controlled with water. Dust control measures may include the following methods and, as good practice, can also be implemented at times when dust monitoring is not being conducted to prevent the migration of non- impacted dust off-site, as well as potentially impacted dust:  Water applied to designated work areas prior to any clearing, mixing, or other earth moving operations  At a minimum, water will be applied to all disturbed work areas at least four times per day during dry weather periods.  The disturbed areas will be sprayed down at the end of each day to form a thin crust. This is in addition to the required minimum of four times per day.  No earth moving activities will be performed if the wind at the site steadily exceeds 15 miles per hour.  All unpaved haul roads and equipment paths will be watered on a sufficient basis to prevent dust emissions. An alternative to frequent watering may be to pour a 4-inch- thick layer of gravel.  Transportation of soils on-site will be performed in a covered vehicle, or the soils must be sufficiently watered to prevent dust emissions.  Vehicle speeds must not exceed 10 miles per hour and the site must be posted with speed signs.  Parking areas shall be designated and will be sufficiently watered or gravel lined to prevent dust emissions. All erosion and sediment control measures will be routinely inspected and maintained to prevent sediment from being transported off-site. 2.1.2 Mitigations The proposed action includes the following measures to mitigate soil and topography related impacts:  The grading program will result in an excess cut of 8,764± CY of material. Some of this material (2,720± CY) may be kept on site for capping in areas that are not disturbed (e.g., buffer areas), or used in vertical mixing or for on-site fill; however, most will be transported off-site during the construction period. All excess soil will be characterized for disposal purposes. Soil wastes will be transported to permitted off-site disposal facilities in accordance with NYSDEC Part 360. Other soils, if determined to have a The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 11 of 53 beneficial use, will be transported to other appropriate sites in accordance with NYSDEC Part 360.  To prevent tracking of potentially impacted soil into areas where neither remediation nor other risk management measures are planned, the following precautions will be undertaken: (1) access to areas in which a clean soil cap has been constructed will be limited by temporary barricade fencing until landscaping activities have been completed; (2) vehicles and equipment will be cleaned or washed down prior to moving from impacted areas to areas in which soil mitigation is not necessary or has already been completed; and (3) erosion controls (i.e. silt fencing or equivalent) will be installed to prevent runoff from impacted areas from entering areas in which soil mitigation is not necessary or has already been completed  Erosion and sedimentation controls will be put in place prior to and during construction and will include, at minimum, stockpile protection, inlet sediment control devices for storm structure protection, silt fencing, and anti-tracking pads to prevent off-site sediment tracking from construction vehicles. All erosion and sediment control measures will be routinely inspected and maintained such that no sediment will be transported off-site.  The primary sources of dust will be equipment, vehicular traffic, and construction activities on exposed soils. Dust from work activities will contain contaminants of concern. The on-site environmental technician will monitor dust levels and take immediate action when necessary. The environmental technician will implement the dust control plan (as provided in Section 2.3 of the SMMP in Appendix L of the DEIS) if there is any actual or potential visible dust. Dust suppression measures will be employed in accordance with NYSDEC DER-10 Appendix 1B for Fugitive Dust and Particulate Monitoring.  If there is dust or the potential for dust in areas of concern, the environmental technician will direct that the area be wet down. Calcium chloride may be used if the problem cannot be controlled with water. Dust control measures may include the following methods and, as good practice, can also be implemented at times when dust monitoring is not being conducted to prevent the migration of non-impacted dust off- site, as well as potentially impacted dust: o Water applied to designated work areas prior to any clearing, mixing, or other earth moving operations. o At a minimum, water will be applied to all disturbed work areas at least four times per day during dry weather periods. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 12 of 53 o The disturbed areas will be sprayed down at the end of each day to form a thin crust. This is in addition to the required minimum of four times per day. o No earth moving activities will be performed if the wind at the site steadily exceeds 15 miles per hour. o All unpaved haul roads and equipment paths will be watered on a sufficient basis to prevent dust emissions. An alternative to frequent watering may be to pour a 4-inch-thick layer of gravel. o Transportation of soils on-site will be performed in a covered vehicle, or the soils must be sufficiently watered to prevent dust emissions. o Onsite vehicle speeds must not exceed 10 miles per hour and the site must be posted with speed signs. o Parking areas shall be designated and will be sufficiently watered or gravel lined to prevent dust emissions. Finding 1: The project is not expected to result in significant adverse impacts on or from topography, landforms, or soils and no significant development constraints were identified based on site conditions and the impact avoidance and mitigation strategies identified in the EIS and inherent in the project design. Any potential impact will be temporary, mitigated to the maximum extent practicable, or is unavoidable. 2.2 Water Resources 2.2.1 Impacts The total sanitary density flow is 10,695 gallons per day (gpd). Since this density flow exceeds the allowable sanitary flow of 4,050 gpd, a sewage treatment plant (STP) is required for the proposed development. The overall design flow for the proposed STP includes restaurant flow of 2,220 gpd, 6,600 gpd for the 44-unit hotel and the spa, and 1,875 gpd for a full-capacity indoor event for a total maximum design flow of 10,695 gpd. The proposed STP is a Purestream Biologically Engineered Single Sludge Treatment (“BESST”). This system is a SCDHS approved technology that provides a high level of wastewater treatment and an average effluent nitrogen concentration of 7 mg/L. Effluent quality will be monitored and must comply with NYSDEC State Permit Discharge Elimination System (“SPDES”) requirements for reduction of nitrogen and suspended solids. Groundwater monitoring wells will be installed upstream and downstream of the STP’s subsurface leaching pools to monitor groundwater quality as part of the SPDES permit. Standby power will be designed and installed such that the STP will continue The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 13 of 53 to operate in the event of a primary power failure. The STP is located at the north end of the site which is within the 5- to 10-year groundwater contributing area of Town Creek and Southold Harbor. Organic landscape maintenance and reduction in fertilizer use after establishment of the proposed landscaping is proposed. These measures, coupled with the fact that the projected nitrogen concentrations in groundwater are less than half of those recommended in the 208 Study, suggest that significant adverse impacts on groundwater and surface water quality is not expected. The project will obtain its potable water supply from an existing Suffolk County Water Authority (“SCWA”) main. Full capacity indoor water demand is conservatively estimated to be 10,695 gpd, which will be paid for through user fees and estimated irrigation demand is 13,786± gallons per day when averaged over the 26-week irrigation season. To lessen the demand on the SCWA supply, the project will utilize an existing onsite irrigation well for landscape irrigation. The proposed irrigation system will also include smart irrigation controls to reduce or eliminate the use of the irrigation system during periods of rain. The proposed landscaping plan will also comply with both the Town’s requirements and the SCWA’s request for drought- tolerant plants. As such, the projected irrigation demands will be met with an on-site supply and have no adverse impact on the public water supply or distribution system. The preliminary drainage plan for the project has been designed and will be installed in accordance with Town of Southold and NYSDEC Stormwater Pollution Prevention Plan (“SWPPP”) requirements. Runoff generated within the project site will be contained and recharged on-site. Swales and leaching pools will be designed and installed to store runoff for a two-inch rain event, in accordance with Town Code. The projected total stormwater runoff volume on the site after construction from a two-inch rainstorm is estimated to be 32,421± CF and the total capacity of proposed drainage system is 37,303± CF, thereby providing ample storage capacity to meet the required drainage needs. Soils onsite are also suitable for proper drainage and recharge. SPDES General Permits require that a SWPPP be prepared for the proposed development and the SWPPP must include a detailed erosion and sediment control plan to manage stormwater generated on-site during construction activities, as well as for post-construction stormwater management. In accordance with said regulations, a SWPPP will be prepared to ensure compliance with erosion and sediment control practices set forth in the New York Standards The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 14 of 53 and Specifications for Erosion and Sediment Control (NYSDEC, 2016), as well as the water quality and quantity requirements set forth in the New York State Stormwater Management Design Manual to prevent impacts on water resources. A Sediment and Erosion Control Plan has been prepared, which includes, at minimum, stockpile protection, inlet sediment control devices for storm structure protection, silt fencing, and anti-tracking pads to prevent off-site soil tracking, transport and sedimentation. Installation of the stormwater infrastructure is contingent upon construction phasing of the project; however, there will be adequate storage volumes available for the disturbed areas. During construction and after construction completion, the drainage system will be inspected in accordance with the NYSDEC SWPPP requirements to ensure proper functioning. See Section 2.1 above for more on erosion and sediment controls. 2.2.2 Mitigations  The proposed action includes the construction of an STP to collect and treat all sanitary waste from the development and site activities. The proposed BESST system has demonstrated that effluent meets the NYSDEC SPDES requirements for reduction of nitrogen and suspended solids. Adequate space has also been allocated for the 100% expansion of the treatment plant and leaching pools in accordance with SCDHS requirements. Groundwater monitoring wells will also be installed both upstream and downstream of the effluent disposal system to monitor groundwater quality. Additionally, as required by the SPDES permit a full-time operator will be present each day to make process adjustments to ensure optimal performance of the STP.  The proposed action includes the installation of a stormwater management system that will capture, temporarily store and recharge stormwater from a two-inch rain event, as required by the Town Code. The proposed stormwater management controls include both structural infiltration (drywells and catch basins) and non-structural methods (pervious pavement and lawn areas for infiltration).  The proposed Sediment and Erosion Control Plan includes, at minimum, stockpile protection, inlet sediment control devices for storm structure protection, silt fencing, and anti-tracking pads to prevent off-site sediment tracking from construction vehicles. Prior to construction, a SWPPP will be prepared, which will address additional items during construction such as concrete washout areas, temporary stabilization, and erosion and sediment maintenance and inspection procedures.  All irrigation would be supplied from an existing on-site irrigation well or a new well so as to not increase the demand on the SCWA public water system and supply during peak The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 15 of 53 consumption periods. The proposed project will utilize a smart irrigation control system to reduce or eliminate the use of the irrigation system during periods of rain. The on-site irrigation well also has the ability to function as a fertigation system, depending upon the overall concentration of nitrogen in the groundwater. If the groundwater contains 5.18 mg/L as indicated in the SCWA Annual Water Quality Report coupled with the irrigation rate of approximately 2,508,882 gallons, approximately 108 lbs. /year of nitrogen could be removed from the groundwater. This nitrogenous irrigation water would then be used to irrigate the landscaped areas allowing some of the nitrogen to be utilized by the landscaped areas. This could potentially reduce the overall need for supplemental fertilizers on the site. Also, drought tolerant plantings will be used to promote conservation and compliance with the SCWA Water Conservation Plan.  All landscaped area will be professionally maintained, including fertilizer and pesticide applications. The landscaped areas shall be cared for in an organic manner at first with the use of specific approved pesticides only in the event that organic treatment methods are not sufficient. Pesticides shall be applied sparingly and only to impacted areas if necessary and in accordance with manufacturer recommendations to reduce the impact on the environment Finding 2: The Proposed Action will not have a significant adverse effect on surface waters or groundwater quantity or quality when factoring in the identified impact prevention and mitigation strategies listed above and the inherent impact avoidance and mitigations that were included in the project’s design. 2.3 Ecological Resources 2.3.1 Impacts The proposed development will affect approximately 5.49 acres of successional forest and old field habitats currently onsite. The project involves constructing 3.147± acres (137,097± square feet) of buildings and other impervious surfaces and providing 3.406± acres (148,379± square feet) of lawn and landscaping area (including the decorative pond) resulting in a loss of 4.816± acres (96%) of successional southern hardwood forests and 0.676± acres (100.0%) of successional old field. The acreage of impervious and man-made surfaces (i.e., roofs, driveways, parking, walkways, etc.) is proposed to increase from 0.10 acres to 3.147± acres thereby comprising 46.6% of the site. A narrow strip of southern successional hardwood forest The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 16 of 53 (approximately 0.2 acres) will be retained within the 25-foot rear yard setback located on the northern property boundary (identified on the Proposed Landscape Plan as “natural area”). The 25-foot-deep rear yard setback area also includes the planting of a variety of trees including eastern red cedar (Juniperus virginiana) and black cherry trees (Prunus serotina) trees. Several red maple (Acer rubrum) trees would be planted in and adjacent to this natural area to vegetate areas currently without trees. Some native trees present on the site will also be retained within the 10-foot side yard setbacks. The 10-foot side yard setbacks located in the northern portion of the property includes black cherry trees that will be incorporated into the site’s landscaping plan. Also, a variety of evergreens are proposed for screening. Existing trees, such as Norway maple (Acer platanoides), sycamore maple (Acer pseudoplatanus), box elder (Acer negundo), scarlet oak (Quercus coccinea), black cherry (Prunus serotina), black walnut (Juglans nigra), butternut (Juglans cinerea), and white mulberry (Morus alba), located in the southwestern corner of the property will be incorporated into the site landscaping and adjacent to the proposed driveway and parking. All trees to remain will be protected with tree protecting fencing during construction to avoid disturbance. The loss of 5.49± acres of early successional communities will decrease habitat availability for the plants and wildlife that utilize these habitats and a decrease in the abundance and diversity of the plant and wildlife species present. The proposed landscaping consists of maintained turf grass with scattered deciduous trees, including red maple (Acer rubrum ‘October Glory’) and red flowering dogwood (Cornus florida var. rubra), and trimmed hedgerows consisting of privet (Ligustrum ibolium) and property boundary screening consisting of evergreen trees, i.e., Leyland cypress on 8-foot centers (Cupressocyparis leylandii), on the eastern and western property boundaries in areas where no existing trees are present. The proposed landscape plantings do not include any species listed as invasive by the Long Island Invasive Species Management Area or included on Suffolk County’s “No Sale/Transfer List” (Suffolk County Local Law No. 22-2007, Adopted 6-26-2007). Under the proposed conditions, human disturbance and activity will be substantially increased, the currently existing natural habitats will be lost, and remaining habitat will be limited to the mowed lawn areas and perimeter landscaping and border trees. These mowed lawns, landscaping, and hedgerows will not provide any significant ecological benefits due to the poor diversity and wildlife habitat provided in these areas. Accordingly, under future conditions, only commonplace and commensal (i.e., tolerant of human activity) wildlife species, such as grey squirrel (Sciurus carolinensis), eastern cottontail (Sylvilagus floridanus), American robin (Turdus The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 17 of 53 migratorius), house sparrow (Passer domesticus), mourning dove (Zenaida macroura), and mockingbird (Mimus polyglottos), are expected on the site. Those species that are less tolerant of human activity and require greater habitat quality, habitat diversity, or larger patch sizes will not utilize the site under the proposed conditions. The proposed action will result in the loss of 5.49± acres of successional southern hardwoods and old fields. However, the resulting habitat loss and any subsequent reductions in local abundance of bird or wildlife species is not a significant adverse environmental impact as:  Successional southern hardwood forests and successional old fields are classified by the New York Natural Heritage Program as “demonstrably secure” both in New York State and globally (Edinger et al., 2002). Accordingly, these habitats are abundant both locally and throughout New York State.  The successional forests and old fields present at the site are not known to provide habitat for any endangered, threatened, or rare wildlife or plant species.  The populations of the commonplace plant and wildlife species inhabiting the old fields and successional forests found at the subject property are largely considered abundant and stable. Endangered, Threatened, Rare Species or Significant Ecological Communities No endangered, threatened, or rare species or significant ecological communities are known to be present on the subject site; accordingly, no impacts to endangered, threatened, or rare species or significant ecological communities will result from the project. The project site contains habitat that could be utilized by the northern long-eared bat (Myotis septentrionalis) during the summer months. The northern long-eared bat is listed as threatened by both the US Fish and Wildlife Service and New York State. Due to the presence of summer roost habitat at the site and documentation of northern long-eared bat foraging over various habitat types throughout eastern Suffolk County, the NYSDEC recommends that any clear- cutting of trees occur during the winter months (between December 1 and February 28) to avoid any potential take of this protected species. Three species listed as Species of Special Concern by New York State are expected to occur on the site including eastern box turtle (Terrapene carolina), Cooper’s hawk (Accipiter cooperii), and sharp- shinned hawk (Accipiter striatus). The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 18 of 53 The eastern box turtle (Terrapene carolina) would be expected to utilize any of the naturally vegetated upland habitats on site. While box turtles are expected to be present on the site, the barriers (i.e., curbed roadway and railroad tracks) located to the north and south of the site and unsuitable habitat to the west likely limit this species current abundance on the site. The project will result in a loss of approximately 5.49± acres of habitat for eastern box turtle and the future site conditions will provide poor habitat for this species due to potential mortality from mowers in maintained lawn areas and vehicles in roads and parking areas. This is not likely to pose a significant impact to this species due to the regional abundance of suitable habitat for this species. The proposed action will result in some loss of foraging habitat and degradation of habitat quality for Cooper’s hawk (Accipiter cooperii) and sharp-shinned hawk (Accipiter striatus), although these species will likely continue to hunt the human-tolerant songbirds and doves that would utilize the developed property and its lawns and landscaped borders. Due to the potential for these species to continue to utilize adjacent residential and undeveloped properties for foraging, as well as the subject property to a limited extent, no impacts to Cooper's or sharp-shinned hawk populations are expected to result from the proposed action. 2.3.2 Mitigations  Existing trees will be retained within the 25-foot rear yard setback area and the 10-foot side yard setback area to contribute to boundary screening for adjacent properties and provide or mitigate, to a limited extent, habitat benefits to wildlife associated with native trees. The existing tree species that will be incorporated into the site landscaping plan include native trees such as eastern red cedar (Juniperus virginiana), black cherry (Prunus serotina), box elder (Acer negundo), black walnut (Juglans nigra), butternut (Juglans cinerea), scarlet oak (Quercus coccinea), and invasive or non-native trees such as Norway maple (Acer platanoides), sycamore maple (Acer pseudoplatanus), and white mulberry (Morus alba).  All trees proposed to remain will be protected during construction with tree protective fencing. Existing and proposed trees and shrubs to remain or be planted for the purposes of screening shall be kept for this purpose and be replaced with a suitable species(s) should any tree die or must be removed for any reason, to maintain the long- term quality of the screening. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 19 of 53  The proposed landscaping plantings do not include any species listed as invasive by the Long Island Invasive Species Management Area or included on Suffolk County’s “No Sale/Transfer List.”  Tree clearing will occur during the winter months (between December 1 and February 28) in accordance with NYSDEC recommendations to avoid any potential take of Northern long-eared bat (Myotis septentrionalis), a species listed as threatened by both the US Fish and Wildlife Service and New York State. Winter clearing of the successional forests will also minimize potential impacts to breeding wildlife and birds. Finding 3: Some limited habitat and ecological resources will be lost but significant impacts to ecological resources are not anticipated considering current conditions onsite and the mitigation strategies outlined in the DEIS and this Findings Statement and development consistent with the design features identified to minimize ecological impacts. 2.4 Land Use, Zoning, and Plans 2.4.1 Impacts Most of the site, approximately 6.62± acres, is undeveloped and consists of land cover associated with the former agricultural use, maintained lawn and landscaping associated with the residential use, as well as successional woodland. Land uses within a 500-foot radius surrounding the subject property include a mix of retail, commercial, single-family and transportation (i.e., Long Island Railroad and Main Road). The subject property is located within the Town’s Hamlet Business (HB) zoning district. The HB zoning district encompasses the Main Road corridor. According to the Town Code, the purpose of the HB zone is to “provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area.” Section 280-45(B) lists the land uses that are permitted in the HB zoning district. Section 280- 45B (2) permits “motel and hotel uses as set forth in and regulated by § 280-35B (4) of the Resort Residential (RR) District, except that minimum lot size shall be three acres” through the Town’s special exception permit process. Upon implementation of the proposed action, the land use of the subject property would be altered from residential and vacant land to a The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 20 of 53 restaurant and small-scale hotel use. Also proposed is a possible future one-story enclosed space to the south of the hotel building to accommodate limited indoor large events. The event space was not evaluated as a catering hall; use of this space must remain clearly accessory to the primary use as a small scale hotel. The 2005 Southold Hamlet Vision included the following vision statements: While clearly the Town’s primary commercial hub, the scale and character of the Hamlet Center’s commercial activity must take place within a small-scale context that is in keeping with the Hamlet’s traditional and historic setting. Large-scale commercial development is clearly inconsistent with the Hamlet Center’s character. Large-scale in this context not only refers to the square footage of a given facility, but also the intensity of use, the volume of traffic generated, the nature of the intended market (i.e., targeting a larger market, and not simply the hamlet itself), the extent of site improvements, like off-street parking lots or sewage disposal systems, etc. “Large events” at the proposed hotel are defined as events such as weddings, fundraising events or other private gatherings with a capacity of 100 guests to a maximum of 250 guests, held indoors, at the hotel (also referred to as “Special Events” in the Draft and Final EIS). The frequency of events, including small events (i.e., an event with less than 100 people) can result in quality of life and cumulative impacts to the surrounding community depending in part on the frequency and time of day such events are held. Such impacts must be mitigated to the “maximum extent possible.” As stated in the Southold Town Code under Article XXVI “Board of Appeals,” Section 280-147, “Additional conditions and safeguards”: “[i]n deciding on any application for a special exception use, the Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter.” The occurrence of large events has been limited by the Lead Agency to no more than 10 large events per year and no more than one large event per week. The frequency of small events will be considered and limited by conditions set forth by the ZBA for the Special Exception Use Permit. It is noted that the large events proposed at the subject site do not meet the definition of “Special Events” pursuant to Chapter 205 (Public Entertainment and Special Events) of the Town Code and are not regulated as such. No “Special Events” as defined by Chapter 205 of the Town Code will be permitted at the property. The existing residence building will be retained and converted to a restaurant which is a permitted use that is appropriate for the HB district. The proposed land uses are compatible The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 21 of 53 with land uses permitted in the HB district and with special care and implementation of identified mitigations and full compliance with restrictions identified herein, potential impacts are reduced. The dimensional conditions of the proposed hotel (SE Use) were compared against the standards and requirements of the HB Hamlet Business District in the DEIS. Based on project design, it was determined that the project complies with applicable dimensional zoning standards. The EIS included a review of the proposed use against the Special Exception Use Permit standards presented in Chapter 280, Article XXV, §§ 280-142 and 143, as well as the applicable policies and recommendations included in the 2005 Town of Southold Hamlet Study and its 2007 updates, the 2001 Scenic Southold Corridor Management Plan, 2005 Long Island North Shore Heritage Management Plan, and Town of Southold Local Waterfront Revitalization Program (“LWRP”). Based on these analyses and in consideration of project location, setting, site conditions, project use and design, and adjustments and mitigations to address identified concerns during the process, the proposed project was assessed for general consistency to the required standards and consistency with applicable long-range planning goals and policies. 2.4.2 Mitigations  The project review considered the historic significance of the existing residence. This structure will be retained and adapted for a new use. The existing residential building will be preserved and renovated, such that its existing architectural style and the built character it reflects as part of the hamlet of Southold will be maintained and enhanced.  The proposed hotel building will reflect the existing scale of buildings at the subject property and surrounding community (i.e., low density, one- and two-story structures). This will also be considered in design and site plan review of the possible future enclosed event space. The Town Architectural Review Board will review the proposed plans and provide the Planning Board with an advisory opinion regarding the project architecture during site plan review.  The occurrence of large events (defined as events with 100 to a maximum of 250 persons) shall be restricted to no more than 10 large events per year and no more than one large event per week. Large events will require advanced notice to the Town and large events (those exceeding 100 patrons) shall include the hiring of traffic control The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 22 of 53 personnel to assist with traffic activity. The frequency of small events will be considered and limited by conditions set forth by the ZBA for the Special Exception Use Permit.  Use of the hotel spa and indoor and outdoor swimming pools shall be restricted to overnight hotel guests, only. No day passes for use of the hotel amenities will be permitted.  The proposed rooftop terrace will have limited hours of operation (10AM-9PM Sun- Thurs, 11AM-10PM Fri-Sat) and will be for overnight hotel guests only.  The provision of overflow parking in the proposed site plan ensures that any large event that takes place on the property will not impact surrounding roadways or properties with “spillover” parking.  The proposed landscaping plan for the subject property will create a visually pleasing setting within the site interior, while views from the roadway and surrounding properties will be largely obscured. The proposed plan includes retaining select trees, grass seeding and the planting of native and ornamental species that are suitably adapted to site conditions to limit or preclude the need for fertilizers and pesticides. The proposed plan considers recommended native and acceptable ornamentals from regulatory and advisory organizations and boards, including the NYSDEC, CCE, and the Suffolk County Water and Land Invasives Advisory Board.  The proposed planting of substantial sized and mature trees on the eastern and western property lines will provide early effective screening. It is also proposed to plant early in the construction process to provide additional time for growth. To mitigate light trespass and glare, all lighting will be shielded and directed downwards at an intensity compliant with Chapter 172 of the Town Code (Outdoor Lighting). Finding 4: The project is not expected to result in significant adverse environmental impacts based on land use, zoning, special use permit standards, and public planning policies subject to strict compliance to identified mitigation and project design features and any further standards or requirements that may be imposed by other involved agencies or the ZBA in consideration of the Special Exception Permit application. 2.5 Transportation 2.5.1 Impacts The traffic analysis for the project concluded that traffic peaks will occur on Saturdays with an estimated 26 vehicles entering and 20 existing during peak hour restaurant and hotel use The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 23 of 53 according to the Institute of Transportation Engineers (ITE) (15 entering trips and 10 exiting trips generated by the restaurant, and 11 entering and 10 exiting trips for the hotel). Directional distribution and traffic assignment analyses were performed, and planned roadway improvements and other planned development were considered. Traffic volume counts were recorded, and intersection analyses were completed. A background growth factor was instituted into the assessment, and levels of service (LOSs) were determined for key local intersections. The results of these analyses indicate that during the weekday AM and PM peak traffic hours, the study intersections work well, and the complete project will have no significant impact on traffic operations. Movement at all intersections performed at LOS C or better during both the AM and PM peak hours of traffic. During the Saturday peak hour, the study intersections indicate that side street delay accessing or crossing Main Road is high resulting in Levels of Service of “F” at Boisseau Avenue, “E” at Locust Lane, “D” at the 7-11 driveway, and “E” at Town Harbor Lane. Left turn movements made from Main Road onto the side streets were also modeled by the analysis and indicate low levels of delay with LOS A for all left turns. The delays found at these intersections are typical of most side street approaches to heavily traveled State Highways, such as Main Road / NYS Route 25. Despite the higher delays evidenced at the study intersections, the addition of traffic from the proposed project does not result in any adverse changes in intersection operating Levels of Service and minor increases in intersection movement delay of 5 seconds or less, which would not be noticeable. The proposed site exit, opposite the existing 7-11 driveway, will operate with a Level of Service of “C” or better during the Weekday peak periods and a Level of Service of “D” during the Saturday peak hour. The Level of Service D on Saturday will have less delay than any of the other side street movement studies and should be considered an adequate Level of Service. Large Events No more than 10 large events (defined as 100 or more guests) will be permitted per year and the size of individual events will be restricted to no more than 250 guests. As noted, the proposed site plan provides an additional 66 paved and unpaved parking spaces onsite to accommodate potential overflow parking during large events. As provided by the project The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 24 of 53 sponsor, the large events will require advanced notice to the Town and shall include the hiring of traffic control personnel to assist with traffic movements. It is anticipated that large events will bring guests, who elect to stay at the hotel before and/or after the event. For analysis purpose, it is assumed that a large event will come with a block of ten rooms or more by attendees of the event. As such, these guests will not require transportation to the site for the event as their vehicles will already be parked on site in the hotel parking lot. Furthermore, during large events, valet parking will be provided entirely onsite such that additional vehicles can be accommodated into the parking lots and unpaved parking, as shown on the proposed site plan. For the purpose of analyzing how the site will function during a large event, it was assumed that the 66 additional vehicles to be parked on the site utilizing the unpaved spaces, and another 20 vehicles transporting people, arrive and depart the site during the peak Saturday period. In reality, the vehicles parking at the site will arrive at the beginning of the event and depart several hours later as the event ends. The arrivals and departures will not occur during the same hour but were analyzed as occurring at the same time in order to take a conservative approach. Additionally, 20 trips associated with the use of the restaurant were also included in the analysis. The results of the intersection capacity analysis indicate that large events at the proposed hotel will have traffic impact on traffic moving along NYS Route 25 through the study intersections. Side streets such as Boisseau Avenue, Locust Lane, and Town Harbor Lane will experience some additional delay accessing Main Road (Route 25) during short periods when large event traffic arrives and departs. At the Locust Lane northbound approach, the Level of Service went from LOS “E” to LOS “F” while the control delay went from 45.3 seconds to 57.9 seconds. At the northbound approach at the 7-Eleven Driveway, the Level of Service went from LOS “D” to LOS “E” while the control delay went from 29.2 seconds to 38.4 seconds. At the Southbound Boisseau Avenue approach, the LOS “F” remained in both the No-Build and Build condition, with the control delay increasing from 63.4 seconds to 89.5 seconds. These impacts are not expected to last for more than a half hour as event arrivals or departures occur. Anticipated traffic for large events were analyzed assuming the peak arrivals and departures occurred at the same time during the peak hour of Saturday traffic. This is conservative, as large events are anticipated to last for several hours such that both arrivals and departures would not typically occur during the Saturday afternoon peak hours (i.e., between 12:00 pm and 4:00 pm). Departures are more likely to occur later than the Saturday afternoon peak hours where The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 25 of 53 impacts would be reduced. It must be further understood that these impacts would only occur a maximum of 10 days per year as the number of large events will be restricted to 10 per year and no more than one per week. Main Road is a one lane in each direction with long queues in both directions during the summer/fall peak seasons. Therefore, there is a tendency for left turning vehicles to block through vehicles. From the review of the traffic study, it can be seen that 68 vehicles will be making an eastbound left turn into the site access during large event arrival peak periods (Saturdays) turning against 612 westbound through traffic volumes. Any number of these 68 vehicles that will arrive at the site within a short time period (15 to 30-minute period) waiting to turn left into site could block the 678 eastbound through vehicles during the same time period causing traffic congestion and safety issues. Even though the gap study conducted by the applicant concluded that there are significant number of gaps on the Main Road traffic stream to permit vehicles to safely turn into the site, review of the gap video by the ZBA’s Traffic Consultant (Nelson + Pope Engineering) show long periods of time during which gaps are not available, allowing the accumulation of left turn queues. During this period of high frequency of unavailable gaps, the left turning event traffic would block the eastbound through traffic causing long queues and potential safety issues. In order to mitigate the traffic safety concerns during large events, use of traffic control personnel to help control traffic on Main Road will be required during large events to help facilitate safe access to the site. The southbound site exit driveway during large event arrivals and departures was analyzed by the ZBA’s Traffic Consultant using a 0.5 peak hour factor (patrons exiting the site with a 30- minute period after the end of an event) for the site exit approach. The results of the analyses show that the southbound exit approach will operate at LOS F with an average delay of 134.2 seconds/vehicle and a 95th percentile queue length of 248 feet which will exceed the entire driveway length including some parking areas. This length of queue has the potential to create traffic circulation and safety issues, therefore the use of traffic control personnel will be required during large events (100 patrons or more) to help the control of traffic and stagger the release of traffic from the site. Overall, as indicated in the TIS and FEIS, given the proposed operation of the site and the proposed access configuration, and based on the analysis performed, the proposed development is not anticipated to cause significant adverse impacts to traffic flow or safety in the vicinity of the site during typical operations. The results of the intersection capacity analysis indicate that potential traffic impacts are anticipated during the limited occurrences of The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 26 of 53 large events (limited to no more than 10 large events per year and no more than one large event per week). Use of traffic control personnel during large events (100 patrons or more) will be required to guide safe movements to and from the site to help mitigate potential traffic impacts. Main Road is a New York State Highway Right-of-Way (ROW), therefore the proposed site access will require New York State Department of Transportation (NYSDOT) review prior to issuance of any site plan approval, as well as the issuance of a Highway Work Permit prior to construction. Parking Overall, the total number of parking spaces required by Town Code is 94, including 38 for the restaurant plus 56 for the hotel. The proposed plan provides 38 spaces for the restaurant (27 paved and 11 grass/pervious) and 122 spaces for the hotel (96 paved, 26 grass/pervious) for a total of 160 spaces. The additional parking at the hotel (i.e., 66 spaces more than required) have been provided to accommodate large events. Overall, the parking provided by the proposed site plan meets the requirement of the Town Code. Large Event Parking An analysis of the large event parking is included in the TIS. Based on the assumptions set forth above in the “Large Events” subsection, the utilization of hotel rooms and for-hire transportation reduce the overall need for parking. Furthermore, a Valet Parking Plan was provided in the Appendix C of the DEIS and as noted therein, the use of valet parking will be expected to increase available parking for large events. As noted earlier, overflow parking of 66 spaces have been included on the proposed plan to accommodate large events at the hotel. There are no overflow spaces required for the restaurant, as there are no large events planned to occur. Accordingly, the proposed plan provides 38 spaces for the restaurant, as required by Town Code, and these spaces are not being included for large event parking. For large events, the 66 overflow spaces as well as the utilization of valet parking are proposed to accommodate the parking demands. The analysis of the large event parking follows. The TIS evaluated a hypothetical large event with 250 guests, and the hotel and restaurant fully using their parking. This analysis indicates that the overflow parking of 66 spaces will be available for use by Code. Pursuant to the Valet Parking Plan, the use of valet parking for large events will allow the site to accommodate another 18 spaces. It is further anticipated that 20 of the large event guests will elect to stay at the hotel (i.e., assumes a 10 room block for the event The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 27 of 53 and two persons per room) and, therefore, utilize hotel parking. The analysis also assumes that approximately 15% of the maximum 250 guests (or 37 total) will arrive by for-hire vehicles. Based on this scenario, the site will then need to provide parking spaces for 193 guests and 10 event staff persons, or 75 parking spaces. Overall, with the valet service, it is anticipated that the proposed parking layout will provide space for a total of 140 parked vehicles. This provides adequate parking for the non-event hotel guests, hotel staff, event guests and event staff, in addition to providing an additional 15 parking stalls, thus exceeding the anticipated demand for 75 spaces for the event as well as the non-event guests and staff. It should be noted that the valet service, which will increase the available parking on site will be utilized by the hotel during large events only and will not apply to the restaurant. It is further anticipated that the valet parking will be utilized by hotel staff and guests associated with the large event, especially those staying at the hotel. The valet parking will utilize both the paved and grass paved parking stalls associated with the hotel. As indicated on the valet plan, 38 parking stalls associated with the hotel will not be utilized for valet parking to allow hotel guests not associated with the large event to continue to access their vehicles during the event without the need to valet park. It is also important to note that operators also have means of managing the parking demand by limiting the number of staff vehicles on-site. Overall, the proposed site design is expected to accommodate the demand for large events without any significant adverse impacts Large Passenger Vehicles According to the project sponsor, the largest vehicle permitted is a typical 16-passenger shuttle van that commonly services hotels and motels. The geometrics of the project design will permit these vehicles and they can be accommodated in some of the on-site parking spaces, which permit over-hang of the vehicle behind the curb and over the lawn area. Larger vehicles, such as buses or extreme length limousines will not be permitted. With respect to delivery trucks, four (4) parking/ loading areas have been incorporated into the site plan, one (1) for the restaurant and three (3) for the hotel. For the hotel, the parking/ loading areas are provided at the main entry way of the hotel as that is the access point for deliveries to the hotel. The main entry also serves as the turnaround for the trucks or other larger vehicle like a 16-passenger shuttle van or standard-length limousine. A site circulation plan is included in the DEIS which shows adequate circulation for these vehicles. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 28 of 53 Public Transit Suffolk County Transit (SCT) provides bus service to most of Suffolk County, including the S92 bus route that runs buses east and west along Main Road, and passes directly in front of the subject property. Service for the S92 bus route is available on an hourly basis in both directions from 7:00 AM to 7:00 PM. Given the proximity of this bus route to the subject property, it is expected that some patrons and employees will utilize this public transportation system. However, no credit was applied for use of public transportation, and the traffic destined to and from the proposed project was based on use of passenger cars only. Nevertheless, use of public transportation by patrons and employees would further reduce the traffic impact and parking needs. 2.5.2 Mitigations  The traffic study concludes that the surrounding transportation network will be able to accommodate increased traffic volumes associated with the proposed development, including the restaurant and typical hotel uses, with no significant adverse traffic or parking impacts. In order to maximize the sight distance available to vehicles exiting the site, the traffic study recommended that parking be restricted on the north side of Main Road (NYS Route 25) along the entire frontage of the site. Other than this recommendation, no further mitigation is proposed at this time.  The provision of overflow parking in the proposed site plan ensures that any large event that takes place on the property will not impact surrounding roadways or properties with “spillover” parking. Also, the occurrence of large events (defined as events with 100 to a maximum of 250 persons) shall be restricted to no more than 10 large events per year and no more than one large event per week. Large events (those exceeding 100 patrons) will also require advanced notice to the Town and shall include the hiring of traffic control personnel by the applicant to assist with traffic movements entering and exiting the site.  The parking analysis assumed that a 10 room block of the hotel rooms would be reserved for guests of any large event. This shall be included in the conditions set forth by the ZBA for any large event as part of the Special Exception Use Permit.  Valet parking will be provided for large events to ensure that vehicles are quickly and efficiently parked. Finding 5: The volume of traffic generated by the proposed project is not anticipated to result in significant impacts to the adjacent roadway during peak periods if required mitigation is The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 29 of 53 strictly adhered to. Large events have been limited to no more than 10 events per year and peak event traffic will be brief in duration (anticipated for 30 minute period prior to the start and after the end of large events). The proposed access and egress will operate in a safe manner with the inclusion of traffic control mitigation for large events and will be subject to NYSDOT review and approval. Based on the traffic impact analysis for the project and in consideration of the identified access locations, site circulation, and identified mitigations during large events, it was concluded that significant adverse traffic and parking impacts have been minimized. 2.6 Aesthetic Resources and Community Character 2.6.1 Impacts To assess the potential impacts of the proposed development, the project architect prepared renderings of the proposed hotel, as well as photo-simulations from various vantage points, including along the street line on Main Road and along the eastern property line of the subject property, from the perspective of a neighbor looking towards the property, as well as along the common driveway (to the east) looking across the neighboring properties. The project includes the conversion of an existing residential structure located on the southern portion of the property (visible from NYS Route 25 / Main Road) into a 74-seat sit-down restaurant and two-story 40-unit hotel with four detached cottages, a maximum 6,825 SF single story event room, and associated amenities including swimming pool, lounge, and spa for use by overnight hotel guests only). The reuse of the existing residential structure will preserve and reinforce the existing character of the hamlet of Southold, while the proposed height of the new hotel building (i.e., 32.9 feet and 35 feet for one small section) is consistent with existing development in the Hamlet Center and complies with the property’s zoning and the Resort Residential Zoning applied to hotel uses in the HB zone. The existing residence on Main Road, which was formerly The Hedges Bed and Breakfast, is proposed to be restored in a plan that has been reviewed and approved by the State Historic Preservation Office (“NYS OPRHP”). Behind the restaurant and its supporting parking area, there will be a substantial hedgerow. The proposed hotel will be discreetly hidden behind this hedgerow, thus minimizing the viewshed changes from Main Road while other landscaping including yew hedges, and evergreen and deciduous trees around the parking areas and within driveway medians on the south side of the property will further obscure views into the site. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 30 of 53 Minimization of views from Main Road, inclusive of the potential future event space, will be considered during the site plan review process. The only portion of the hotel building that will be visible from Main Road is the Period-style stone “barn” which anchors the southeast corner of the building and is 2-1/2 stories high 1 with a Ludowici clay tile roof and local stone veneer. From this anchor to the west will be the one- story reception and lobby, as well as a deck floating slightly above a small man-made pond on the south side of the lobby, overlooking a large lawn area. To the north would be the 40-room, two-story flat-roofed structure, will house the actual rooms themselves. Each floor will have 20 rooms. This flat-roofed structure will be a low-rise element, which will be well hidden from view by the anchoring stone “barn.” Stylistically, the design will introduce the “wings” which extend from the period barn, as more contemporary structures juxtaposed against the barn. The north wing of the hotel will effectively screen and buffer the three adjacent residential properties to the east from the activities on the west side of the hotel around the pool and pool terraces. In addition, the east facade of the building features mirrored glass to reflect the dense evergreen screening intended to be installed to have minimal visual impact on these three properties. To the north, the four cottages and surrounding fences and landscaping screen the overflow parking lot as well as the neighboring LIRR tracks. To the west is the existing boatyard and to the south, beyond the hedgerow, will be the restaurant. The existing residential structure will be preserved and renovated, such that its existing architectural style and the built character it reflects as part of the hamlet of Southold will be maintained and enhanced. The proposed design includes a creative re-use of the residential structure, while maintaining important design elements that contribute to the locality. The proposed hotel building will reflect the scale of the existing buildings at the subject property and surrounding community (i.e., low density, one- and two-story structures). The design intent was a small-scale, boutique-style hotel, with limited footprint, such that it would complement the surrounding hamlet. The possible future one-story enclosed event space (to the south of the hotel building) must be designed to be consistent with this design intent. 1 Height permitted pursuant to Resort Residential standards (280-35B.(4) and 280 Attachment 3, Bulk Schedule for Residential Development). Height is 35 feet height measured as the vertical distance from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. Maximum permissible number of stories is 2.5. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 31 of 53 The roof will have parapets and that will screen air conditioning equipment and rooftop activities and a 30-inch glass barrier will be mounted on top of the parapet to address concerns about the rooftop lounge As indicated on the Proposed Landscape Plan and Details Sheet, the proposed landscaping consists of maintained turf grass with scattered deciduous trees, including red maple (Acer rubrum ‘October Glory’) and red flowering dogwood (Cornus florida var. rubra), as well as trimmed hedgerows comprised of privet (Ligustrum ibolium). Property boundary screening comprised of evergreen trees, including Leyland cypress on 8-foot centers (Cupressocyparis leylandii) along the eastern and western property boundaries in areas where no existing trees are present and Hicks yew hedges as added screening along the east side of the access driveway on in the southeast corner of the property. The use of Leyland cypress and Hicks yew hedges will provide natural privacy screening with the adjoining properties. Within the areas of the proposed swimming pool and the hotel cottages, the proposed landscaping includes Northern privet (Ligustrum x. ibolium). Northern Privet is also proposed along the northern edge of the east-west internal roadway for a vegetative separation of the restaurant and hotel uses. Within the 25-foot rear yard setback area, eastern red cedar (Juniperus virginiana) and black cherry trees (Prunus serotina) will be retained. The trees that are proposed along with these that will remain are shown on the site plans. In addition, the trees will be protected with tree protecting fencing during construction to avoid disturbance of the trees. Several red maple (Acer rubrum) trees will be planted in and adjacent to this natural area to vegetate areas currently without trees. Some native trees present on the site will also be retained within the 10-ft side yard setbacks. The 10-foot side yard setbacks located in the northern portion of the property include black cherry trees that will be incorporated into the site’s landscaping plan. Existing trees, such as Norway maple (Acer platanoides), sycamore maple (Acer pseudoplatanus), box elder (Acer negundo), scarlet oak (Quercus coccinea), black cherry (Prunus serotina), black walnut (Juglans nigra), butternut (Juglans cinerea), and white mulberry (Morus alba), located in the southwestern corner of the property would be incorporated into the site landscaping within the proposed lawn/sculpture garden to the south of the proposed hotel, within the 10-foot side yard setback, and adjacent to the proposed driveway and parking. The proposed planting of substantial and mature vegetation along the eastern and western property lines will also provide effective screening for the properties to the east and west. As indicated on the Proposed Landscape Plan and visually represented in the DEIS, the proposed The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 32 of 53 trees at planting will be 14 to 16 feet in height along the east side and 8 to 10 feet in eight along the west side, both single and double row. The proposed planting will occur early in the construction process to provide additional time for growth during the estimated 18- to 22- month construction period. From the southernmost residence, only a portion of the hotel roofline will be visible once proposed vegetation has matured. Views of the project site from the residential properties to the north thereof will be screened by the proposed vegetation and additional screening will be provided around the STP area including Leland Cyperus evergreens. Accordingly, the proposed landscape effectively minimizes the visual changes from the neighboring properties. In accordance with Section 172-7 G. (1), the proposed lighting will not include high-intensity discharge, such as metal halide, or any high-pressure or low-pressure sodium lamps or fixture types. As indicated on the Site Lighting and Details Plan in the DEIS, the proposed plan includes 10-foot lamp poles along the internal driveway and within the parking areas. Each lamp pole will include a shielded LED fixture such that all light will be directed downwards with no upward glare. Furthermore, a photometric analysis was performed, which indicates that there will be no off-site lighting impacts from any of the proposed light poles. The proposed building fixtures will include fixed lighting and to mitigate light trespass and glare, all lighting will be shielded and directed downwards at an intensity compliant with Chapter 172 of the Town Code (Outdoor Lighting). The proposed lighting will comply with the lighting standards set forth in §172-5, and will be subject to the review and approval of the Town of Southold Building Department The proposed signage has not yet been developed for the proposed project; however, the project architect will design the signage to be consistent in character with the surrounding commercial land uses and the Southold Town Code. While the proposed project will change the land use character of the subject property from one residence to a mixed-commercial use, the proposed project is consistent with various local and state comprehensive planning documents relevant to the hamlet and Town of Southold and the larger region regarding preservation of existing historic character of the area. The proposed project will situate new land uses complimentary to the hamlet center while meeting various local and regional planning goals. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 33 of 53 2.6.2 Mitigations  No significant adverse impacts to visual resources or community character are anticipated from the project based on the proposed plans and project layout, provision for site plan review by the Planning Board (including referral and advisory input from the Town Architectural Review Board), landscaping, buffering, screening, architecture, consistency with zoning, retention of the residential building, specific limits in the frequency of both small and large events, outdoor lighting, and other visual considerations. Adjustments were made to the plans during the environmental review as necessary to address preliminary concerns and improve overall aesthetics and screening. This included but was not limited to relocating the site access an additional 11 feet to the west and landscaping this area to provide a 15-foot-deep buffer consisting of a double row of evergreens (including the installation of 14-to-16-foot tall mature Leyland Cypress) and a hedge; wooden stockade fence (6.5 feet in height) is proposed along the eastern and western property lines; a parapet was added to the hotel to screen the HVAC unit and a 30-inch glass barrier will be mounted on top of the parapet to address sights and sounds; relocation of a dumpster, and adjustments to the outdoor lighting plan to prevent light trespass. The proposed landscape buffer plantings will be installed early in the construction process to provide additional time for growth during the estimated 18- to 22-month construction period. Publicly accessible views of the property will remain largely consistent with existing conditions, as the existing residential structure will be maintained as part of the project, while the proposed hotel use will be largely hidden by the existing residence and proposed landscaping. The possible future one-story enclosed event space (to the south of the hotel building) must be designed to be consistent with the scale of the existing buildings at the subject property and surrounding community (i.e., low density, one- and two-story structures) and the expressed design intent of the hotel (e.g., a small-scale, boutique-style hotel, with limited footprint, such that it would complement the surrounding hamlet). The design of the event space, as well as the overall proposed project, will be subject to site plan review and approval by the Town Planning Board, including advisory input from the Town Architectural Review Board. The proposed project will be consistent with and meet the goals of regulatory development and planning frameworks (e.g., zoning and local / regional comprehensive planning documents) such that community character under the proposed project will be preserved and enhanced. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 34 of 53 Finding 6: Several steps have been taken to mitigate potential impacts on community character and cultural resources and various mitigations and controls are in place to address potential issues. Based on the project design and required mitigations, no significant adverse impacts were identified to visual or cultural resources. 2.7 Noise and Odor 2.7.1 Impacts Noise The main concerns associated with noise from the project have included potential impacts from large events (crowds, music and onsite traffic circulation and parking), outdoor swimming pool use, rooftop lounge activities, operation of rooftop HVAC units, and cottage hot tub use. The applicant modified the project scope during preparation of the FEIS to eliminate outdoor events and the potential noise generation from cumulative sources (including indoor events, site traffic and parking lot activity, pool use, cottage hot tub use, HVAC operation, and rooftop terrace activities) have been addressed so as not to exceed 5 dBA over ambient (No Build) sound levels. This will be achieved with building materials and windows with high acoustic performance for noise attenuation, which will be designed as part of site plan review with the Planning Board. The predicted noise levels were determined to range from 47 dBA to 49 dBA and meet the Town of Southold Noise Ordinance and is not considered a noise impact per NYSDEC guidelines, which have been adopted as the project criteria. As indicated in the Acoustic Report prepared by the Applicant’s consultants, a sound level increase of less than 5 dB is considered by the NYSDEC as “Unnoticed to Tolerable.” Accordingly, the sound level increase is not expected to have a significant adverse impact and is consistent with the requests of the ZBA and its consultants during preparation of this FEIS. No outdoor amplified music will be permitted, and it will be the responsibility and incentive of hotel management to ensure that guests are not utilizing personal speakers or generating other noise that may be a nuisance to neighbors or other hotel guests. No large events will be held on the rooftop but a lounge is provided. To address potential noise concerns from the proposed rooftop lounge, while the roofline directly to the east and the parapet will both act as an acoustic barrier, the proposed design has been modified to include a 30-inch glass barrier on top of the parapet. The barrier is expected to be quarter-inch The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 35 of 53 monolithic glass or similar material. The parapet and glass barrier will help reduce noise related impacts as well as potential visual intrusion. The proposed design also includes the placement of HVAC units on the roof. All HVAC units will be contained within noise-attenuating enclosures, upon review of mechanical equipment. As mechanical systems have yet to be designed, it is not possible to project noise levels due to mechanical equipment or evaluate mitigation measures for specific pieces of mechanical equipment which may be used on the site. As architectural and MEP design progresses, the applicant’s noise consultant (SoundSense) will review all mechanical plans to ensure that any and all mechanical units meet the Design Maximum Sound Level from Mechanical Equipment, as detailed in the Acoustic Report, with appropriate spacing and mitigation demonstrated at the time of Site Plan review by the Planning Board. Also, a rooftop parapet and glass barrier have been added to the plans to address any visual or noise related issues from the rooftop HVAC unit. It is also noted that the four small cottages will be located on the northwest side of the hotel building, away from residential uses to the east. In addition, each cottage will be encapsulated by a fence containing an acoustic barrier and each barrier will be lined with evergreen hedges for visual screening. Additionally, the proposed landscape design includes a double row of 14- to-16-foot-tall mature Leyland Cypress, spaced eight-feet on center, as well as a 6.5-foot wooden stockade fence along the eastern property line, to screen the proposed development from the adjacent residential area. Also, the site entrance driveway was moved 11 feet farther to the west to provide a 15-foot transition buffer, slightly more separation distance between noise generators and receptors and allow additional space for the 6.5-foot-high solid fence, double row of Cyperus, and an additional row of Hicks yew hedge to help reduce noise reflection. The outdoor swimming pool and most of the parking will be on the west side of the two-story hotel and restaurant and away from the residential neighborhood and therefore help to attenuate sound adjacent land uses to the east and southeast. The proposed equipment for the STP has been evaluated for noise utilizing data for the fans proposed and takes orientation of the STP facility into account as well as penetrations needed for required airflow through louvers. The STP facility is projected to create sound levels below the background sound levels when measured at the nearest neighbor. Upon commissioning of the facility, acoustic readings can be collected to confirm noise levels at the nearest property The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 36 of 53 line. It is also noted that the proposed STP is standard equipment that is utilized across Long Island and permitted by the Suffolk County Department of Health Services. No sound attenuation is required for the proposed STP. Once the STP system has been completed, it can be commissioned to ensure that it is compliant with the Noise Code. In addition, while not anticipated to be necessary, the Acoustic Report does outline potential noise mitigation solutions, if required upon commissioning. The STP will be enclosed by an eight (8)-foot high, vinyl coated chain link fence with privacy slats and landscaping will be provided around the fence enclosure. Odors Concerns were raised regarding the potential for odors from the proposed STP, garbage dumpsters, and the restaurant. The potential for odors to be generated from the on-site wastewater treatment and disposal are addressed in the design of the system. The proposed STP is a Purestream Biologically Engineered Single Sludge Treatment (“BESST”) system that will be situated in the northern portion of site. A control building will be installed to house the aeration blowers, odor control equipment and the operator’s laboratory space. Treated effluent will discharge below ground in subsurface effluent leaching pools with an approximate effective depth of 15 feet thereby reducing the potential for odors. The proposed STP will be equipped with a dual canister carbon-based odor control system connected to the treatment tanks, pump station, splitter box and influent screen. The system is periodically monitored and inspected and must comply with a SPDES discharge permit. All trash will be stored in covered and enclosed dumpsters and trash pick-ups will be scheduled to eliminate wastes being held for a long duration. This schedule will be developed with the collector and will be undertaken to prevent the potential for odors near the trash enclosures which benefits the hotel as well as neighbors. To further prevent odors from trash receptacles, the plans were revised to relocate one of the dumpsters from the northeast side of the property to the northwest side of the property, to provide greater separation from adjacent residential development. Potential for odors from the restaurant will be controlled using industry-methods for proper exhaust hoods, grease collection, and ventilation. The design of such systems is performed during kitchen design. As such, because the proposed restaurant will include exhaust and The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 37 of 53 ventilation systems, it is not expected that this use will result in any nuisance odors. Based on the above, the proposed action is not expected to generate any odors that would adversely impact the surrounding area. 2.7.2 Mitigations  The number of large events will be limited to 10 per year. All events will be restricted to the following times: Friday Evenings from 6:00 PM to 10:00 PM, Saturday day or evening events ranging from 2:00 PM to 11:00 PM, or Sunday day events from 2:00 PM to 6:00 PM; with no more than one large event to occur per week and no events to be held concurrently. The frequency of small events (i.e., an event with less than 100 people) will be limited by conditions set forth by the ZBA for the Special Exception Use Permit; however, the proposed event times will be within the non-sensitive period set forth in §180-6 of the Town of Southold Noise Ordinance (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).  Events will be hosted indoors, and the new event space will be considered further by the Planning Board during the site plan review process. The potential noise generation from cumulative sources (including indoor events, traffic, pool, cottages, HVAC, rooftop terrace with parapets and glass shields, and parking lot) will not exceed 5 dBA over background (No Build) sound levels. This will be achieved with building materials and windows with high acoustic performance for noise attenuation, which will be designed as part of site plan review with the Planning Board.  Acoustic barriers will be installed along the eastern property line as well as around the cottage exterior spaces. These barriers will include 6.5-ft wooden stockade fencing with an acoustic barrier with a minimum STC of 29 (such as NoiseOut 2 or LV-1R), which will make full contact with the ground to complete the acoustic seal. Also, the proposed landscaping will be completed on the development side of the fence in order to reduce additional acoustic reflections.  The proposed HVAC units will be placed on the roof and will be contained within noise- attenuating enclosures, if necessary, upon review of mechanical equipment. Also, as architectural and MEP design progresses, the applicant’s noise consultant (SoundSense) will review all mechanical plans to ensure that mechanical units meet the Design Maximum Sound Level from Mechanical Equipment, as detailed in the Acoustic Report, The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 38 of 53 with appropriate spacing and mitigation demonstrated at the time of Site Plan review by the Planning Board.  The proposed rooftop terrace will have limited hours of operation (10AM-9PM Sun- Thurs, 11AM-10PM Fri-Sat) for hotel guests only. To address potential noise concerns from the proposed rooftop lounge area, while the roofline directly to the east and the parapet both act as an acoustic barrier, the proposed design has been modified to include a 30-inch glass barrier on top of the parapet. The barrier is expected to be quarter-inch monolithic glass or similar material.  No outdoor amplified music will be permitted.  The proposed site design complies with all required front, side and rear yard setbacks pursuant to the bulk and dimensional requirements of the HB Zoning District. Finding 7: Several design modifications and mitigative steps have been taken or identified to address potential impacts from noise and odors. Strict compliance to identified mitigations is necessary to reduce potential impacts to the maximum extent practicable. 2.8 Historic and Archaeological Resources 2.8.1 Impacts As indicated above, in correspondence dated December 28, 2017, ORPHP indicated that it has “no archeological concerns or architectural concerns with the proposed new construction. As such, [it has] no further comments regarding the new building’s construction.” OPRHP did, however, request additional information on the proposed renovations to the Lester Albertson House (i.e., the existing residential structure for conversion to a restaurant). In response to said requests, on January 17, 2019, AVG submitted the additional information and provided the following responses to OPRHP: Provide further details on the proposed Front door on the South Elevation: AVG Response: This door and Portico served as the Main entrance to the House, and then later on when this structure was the “Hedges Bed and Breakfast” as the main entrance for that as well, and it will continue to be used as the Main entrance for the Restaurant. Further, while the Portico and existing exterior door surround appear to be original or at least period correct, that actual door and sidelights are replacement pieces. The Portico will be fully restored to its existing configuration and detail, as will the door surround. The actual door will be custom The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 39 of 53 made to replicate an appropriate period door, complete with an exposed Mortise box type lock. In addition, the Sidelights will be custom fabricated to replicate what was originally there with Float glass, and putty Muntin bars. East Elevation Changes: AVG Response: As it pertains to the East Elevation, it is important to note that after the main body of the house, just beyond the Bilco doors to the Cellar (north end of the East Elevation), that entire existing appendage was an addition which was poorly built at some point in the 50’s. The building is listing to the side, and will require being completely rebuilt in this area, bear in mind, this was not original to the house. • Window at the rear of the Main Building: This window straddles the wall separating a required HC bathroom, and the bar area. We have re-configured the Bathroom/bar area to maintain this window in its current location. • Roofline of the Proposed addition to the North of the “ell”: As you will see we have re- configured this roof line to clearly differentiate it from that of the existing “ell” bearing in mind the existing “ell” is not of the same vintage of the Main house. • Roofline of the currently detached one-story structure: The plate height of the existing roofline of the detached structure do not render it a habitable space…We have simply raised the plate heights of these walls and maintained a gable roof of similar proportion to that of the existing, adding a small reverse gable to distinguish it from the Main house. West Elevation Changes: AVG Response: The same comments pertain to the roof line changes on this façade as that of the east façade. The infill of floor to ceiling glass is merely to render that porch useable as interior space. The existing Historic Windows and door will be retained and restored to their original vintage retaining the original float glass. Interior Changes: AVG Response: On the second floor, other than the removal of the closets, and the conversion of the bathroom to a bus station, the floor plan remains virtually untouched. On the first floor, the reality of using this space for a viable restaurant requires the inclusion of a modern (code compliant) commercial kitchen, which accounts for the revisions to the existing non-historic Kitchen “ell” appendage. Further, the requirement for 2 ADA complaint bathrooms accounts for The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 40 of 53 the necessary revisions to the rear of the existing Main House, as access to these bathrooms cannot be provided through the Kitchen area. Further between the 4-square room configuration, we eliminated the demising walls to add the need space for dining, as well as a bar area. However, the existing structural beams will be left as dropped headers and will now be exposed. We will retain the existing bay window, as well as the door and window trims, replicating them as required due to existing damage to some of them. As for the staircase, while it is attractive, it is far from being code compliant and represents a real hazard to anyone using it in a commercial setting. Therefore, a code compliant staircase will be installed, however we will endeavor to incorporate the Newel Post into the design.” In response to the above, OPRHP issued a No Adverse impact determination on February 19, 2019. Specifically, as excerpted from OPRHP’s correspondence (included in Appendix K of the DEIS) “We understand the project will make the following modifications: exterior shutters will be removed; the West Elevation roof parapet will be removed from the project and the interior trim will be retained to the maximum extent possible. Based upon this understanding it is OPHRP’s opinion the proposed project will have No Advesre [sic] Impact upon historic resources.” The proposed architectural design was modified to remove the exterior shutters and roof parapet on the west elevation (see the revised architectural plans in Appendix D of this DEIS). The interior trim will also be retained to the maximum extent practicable. Overall, based upon the above, implementation of the proposed action would not result in any significant adverse impacts to cultural resources. 2.8.2 Mitigations  The proposed renovations to the residence for its reuse as a restaurant include design mitigation that considered OPRHP’s comments from December 28, 2017, and has resulted in a No Adverse Impact determination from OPRHP. Specifically, the following design considerations maintain the historic significance of the structure, while also restoring particular elements: o The Portico will be fully restored to its existing configuration and detail, as will the door surround. The actual door will be custom made to replicate an appropriate period door, complete with an exposed Mortise box type lock. In The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 41 of 53 addition, the sidelights will be custom fabricated to replicate what was originally there with float glass, and putty muntin bars. o The bathroom/bar area has been configured to maintain the rear window in its current location. o The roofline of the proposed addition to the north of the “ell” has been configured to clearly differentiate it from that of the existing “ell.” o The existing historic windows and door on the west elevation will be retained and restored to their original vintage retaining the original float glass. o Many of the interior elements will be maintained and/or replicated, including: the structural beams on the interior which will be left as dropped headers and exposed; the existing bay window, as well as the door and window trims, will be replicated, as required, due to existing damage; and a new staircase will be installed, but the design would incorporate the Newel Post into the design. Finding 8: The project retains the existing residential structure and adaptively reuses it thereby saving the building. Cultural resources experts at OPRHP have reviewed the proposed plan, provided guidance and input and indicated that based on the retention of the structures and minor modifications to the structure that are sensitive to the architectural and historic integrity of the structure, that no adverse historic resource impacts will occur from the project. 2.9 Human Health and Safety 2.9.1 Impacts Soil and Materials Management Plan Based on the findings of the Phase II ESA, PWGC prepared a Soil and Materials Management Plan (SMMP) to address pesticides and metals that were detected in shallow soils at the site. The proposed SMMP, included in Appendix L of this DEIS and discussed in Section 2.1.2 of the DEIS, addresses the impacts of the historic agricultural uses. In summary, the impacted soils can be handled in one or all of the following methods:  Vertical mixing of impacted and un-impacted materials;  Placement of impacted soils below impervious areas, such as parking lots or buildings;  Capping of impacted areas with one foot of clean fill; and/or  Proper off-site disposal. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 42 of 53 By utilizing the first three methods, the impacted materials will remain on site, which reduces the possibility of off-site contamination and also reduces the overall volume of soil which requires off-site disposal. In addition to the mitigation of the soils, the SMMP discusses the measures needed to monitor and control dust associated with the clearing, grading and excavation work on the site. These measures include dust monitoring, reporting during construction activities and the implementation of dust control measures, such as water spraying. A SWPPP will also be developed for the proposed project, which will address dust control measures, construction entrances, proper soil stockpiling, and temporary soil stabilization measures. With the implementation of the above measures, the potential for human health and safety impacts will be properly addressed. Lead-Based Paint and Asbestos-Containing Materials As indicated in Section 3.6.1 of this DEIS, the existing house has been subject to lead testing and a full abatement of lead-based paint. As indicated in the correspondence from the SCDHS dated June 14, 2019, in Appendix L of this DEIS, the existing house has been inspected by the SCDHS and the required corrections have been satisfactorily abated. Regarding Asbestos Containing Material (“ACM”), the existing house will be inspected for ACM prior to beginning construction on the building. The inspection will be conducted in accordance with Part 56 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York (12 NYCRR Part 56). If the inspection identifies potential ACM, samples of the materials will be collected and analyzed in accordance with the applicable regulations. If the results confirm the presence of ACMs, then the ACMs will be remediated in accordance with applicable regulations. Emergency Service Providers Police Protection It is noted that the Southold Police Department commented on the proposed project. The comments of the Southold Police Department associated with additional traffic and noise complaints from neighbors due to outdoor events were addressed through the project scope and site plan revision. Specifically, by eliminating outdoor events, compliance to permissible event hours, and committing to a cumulative post-development noise level not to exceed 5 dBA over No Build sound levels, significant adverse impacts during events are not expected. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 43 of 53 Furthermore, in coordination with the Town, traffic control will be on-site for events greater than 100 patrons to avoid potential traffic-related issues at the site. As part of the traffic analysis, Dunn Engineering Associates evaluated the existing emergency services, including police protection. As indicated in the TIS, the availability of police protection near the proposed site is excellent noting that numerous Southold Town Police patrols travel past the site on a daily basis. It is noted that the proposed land uses, i.e., a sit-down restaurant and a 44-room boutique hotel, are not expected to result in an undue demand for police assistance. As discussed in Section 3.1.2 of the DEIS, pursuant to information provided by the Town of Southold Board of Assessors, the projected tax generation from the proposed development to Southold Town is $28,888 annually. Overall, the proposed development is not expected to adversely impact the local police department. Fire and Ambulance Service Correspondence was sent to Chief Craig Goldsmith of the Southold Fire District on December 6, 2018, and a response was not received. As part of the traffic analysis, Dunn Engineering Associates evaluated the existing emergency services, including fire and ambulance services. As indicated in the TIS, the availability of emergency services near the proposed site is excellent. The Southold Fire District, which provides both fire and emergency ambulance service, has its headquarters located at 55135 Main Road (Route 25), less than one-quarter mile to the west of the subject property. The proximity of the firehouse is a benefit to the subject property in terms of service availability. It is noted that the proposed land uses, i.e., a sit-down restaurant and a 44-room boutique hotel, are not expected to result in an undue demand for fire protection or EMT assistance. The hotel will comply with applicable building, fire and health and safety codes as required. As discussed in Section 3.1.2 of the DEIS, pursuant to information provided by the Town of Southold Board of Assessors, the projected tax generation from the proposed development to Southold Fire District is approximately $5,783 annually. Overall, the proposed development is not expected to adversely impact the local fire district. 2.9.2 Mitigations  All excess soil from the construction process will be characterized for disposal purposes. Soil wastes will be transported to permitted off-site disposal facilities in accordance with The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 44 of 53 NYSDEC Part 360. Other soils, if determined to have a beneficial use, will be transported to other appropriate sites in accordance with NYSDEC Part 360.  To prevent tracking of potentially impacted soil into areas where neither remediation nor other risk management measures are planned, the following precautions will be taken: (1) access to areas in which a clean soil cap has been constructed would be limited by temporary barricade fencing until landscaping activities have been completed; (2) vehicles and equipment will be cleaned or washed down prior to moving from impacted areas to areas in which soil mitigation is not necessary or has already been completed; and (3) erosion controls (i.e. silt fencing or equivalent) will be installed to prevent runoff from impacted areas from entering areas in which soil mitigation is not necessary or has already been completed.  Dust from work activities could contain contaminants of concern. The on-site environmental technician will monitor dust levels and implement a dust control plan if there is any actual or potential visible dust.  Prior to renovation and conversion of the existing house, an ACM survey would be performed. If ACM is identified, same would be removed in accordance with prevailing regulations.  The proposed development is not expected to adversely impact the local police department or fire district; however, upon receipt of responses from the Southold Town Police Department and Southold Fire District, the project sponsor will respond to any recommendations should they be offered by either or both agencies.  The existing on-site sewage disposal system, which current services the single-family residence will be abandoned in place in accordance with SCDHS regulations. The structures will be pumped and cleaned prior to abandonment.  The existing 275-gallon above ground fuel oil tanks were noted in the Phase I ESA as being empty and currently out of service as the residence is currently heated with natural gas. The tanks will be cleaned and removed in accordance with applicable regulations as part of the overall project. Finding 9: Development associated with the Proposed Action will increase the demand for community services and facilities as it would for any future growth; however, mitigation has been/will be provided and property tax revenues will be generated for emergency service districts and school district without placing any additional strain on the school district. The subject premises have been inspected for possible contaminants including AMCs, lead based paints, and soil contamination and appropriate actions have been taken where necessary. Impacts on public health and safety are not expected. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 45 of 53 2.10 Other Impacts The DEIS and FEIS also considered other possible impacts related to the following as required by SEQRA and the Final Scoping Document:  Use and Conservation of Energy  Unavoidable Adverse Impacts (Short-Term and Long-Term)  Irretrievable and Irreversible Commitment of Resources  Growth-Inducing Impacts  Impacts on Solid Waste Management 2.10.1 Use and Conservation of Energy The proposed development will occur on property with existing electric and natural gas utility connections. The proposed development will continue the use of electricity and natural gas. There is no heating oil proposed for use of the site. As the proposed building is larger than the sum total building area of the current single-family residence, the electricity and natural gas consumption will be greater. The project design will include the installation of high efficiency boilers capable of nearly 98 percent efficiency. The proposed hotel building will consist of heavy thermally broken panels of glass and insulated with art spray foam insulation to not only provide a thermal blanket but also to mitigate air leakage throughout the buildings. The project sponsor is currently investigating the potential for solar energy with the installation of photovoltaic panels mounted on the flat roof areas, which would offer the potential of a “co-generation” system, where excess electricity generated by these panels can either be stored in batteries on site or sold back to PSEG by agreement. Consultations have been undertaken with PSEG Long Island and National Grid and the Applicant will continue to work with these utilities to secure service. It is expected that both service providers will supply the necessary resources without significant impact on energy resources and supply systems. Finding 10.1: Based on the foregoing discussion and identified energy conservation strategies, the long-term energy resource supply and demand in the region, it is not expected that the proposed project will have a significant effect on the demand, use or delivery of energy resources. Applicants have expressed an interest in possibly installing solar panels on the hotel roof. This will be considered further during the site plan review process. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 46 of 53 2.10.2 Unavoidable Adverse Impacts (Short-Term and Long-Term) Short-term impacts will occur during the proposed construction activities; however, these impacts will be temporary and cease upon completion of the construction phase of the project. Anticipated impacts include:  Construction-related noise generated during limited demolition activities, as well as site preparation and construction of the proposed building and parking areas. However, construction will be limited to the permitted hours for construction activities set forth by the Town.  Although erosion and sedimentation controls will be in place prior to and maintained during the entirety of the proposed construction, limited erosion may occur.  Fugitive dust may be generated.  Construction-related vehicles may have temporary adverse impacts on local traffic. Upon implementation of the proposed action, long-term adverse impacts will occur. These impacts include:  Change in the use of the property from a residential parcel to a commercial use, including a restaurant and hotel use and up to 10 large events per year.  Redevelopment of the site will increase the area of impervious surface by 3.05± acres.  The loss of 5.49± acres of early successional communities will result in decreased habitat availability for the plants, birds, and wildlife that utilize these habitats and a decrease in the abundance and diversity of the plant and wildlife species present.  The proposed action would result in an increase of 2.47 acres of mowed lawn and landscaping including trees and the decorative pond. The proposed landscaping consists of maintained turf grass with scattered deciduous trees and trimmed hedgerows with the property boundary screening comprised of evergreen trees. The proposed landscaping plantings do not include any species listed as invasive by the Long Island Invasive Species Management Area or included on Suffolk County’s “No Sale/Transfer List” (Suffolk County Local Law No. 22-2007, Adopted 6-26-2007).  Stormwater generation will increase post-development due to the projected increase in impervious surface area. However, the proposed drainage plan will accommodate all stormwater on-site from a two-inch rain event. Finding 10.2: Some impacts are unavoidable. The Subject Action has the potential to result in the above-listed unavoidable impacts which are common results of new development (e.g., The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 47 of 53 clearing, ground disturbance, etc.) but differ in degree. These impacts have been mitigated to the maximum extent practicable and remaining impacts are considered unavoidable. 2.10.3 Irretrievable and Irreversible Commitment of Resources For any development or new land use, there is a certain commitment of resources (natural and human or manmade) for consumption, conversion or that is made unavailable for further use as a result of the development and/or use. The construction and operation of the proposed development will require a commitment of natural and human resources, as follows:  Building and construction-related materials will be committed to achieving the proposed development, including but not limited to wood, steel, concrete, and topsoil.  The operation of construction equipment and post-development operations would require electricity, water resources and fossil fuels.  Approximately 3.14±-acres of pervious land would be transformed into impervious surfaces in order to accommodate the proposed hotel building, cottages, parking areas and internal driveway.  The proposed action would result in the loss of 5.49 acres of successional southern hardwoods and old fields.  Water demand and sewage generation will increase by approximately 10,395± gpd (from 300± gpd to 10,695± gpd) for the proposed development assuming peak occupancy and a 250-person event. Irrigation demand is estimated to be 13,786 gpd on average during the 26-week irrigation season; however, irrigation demand will be handled by an onsite irrigation well rather than placing strain on the local public water supply. All sanitary waste being treated by an on-site BESST STP to be constructed in the rear of the property. Finding 10.3: Analysis indicates that irreversibly committed resources are associated with the removal of natural vegetation, and the use of building materials and nonrenewable energy resources associated with future construction processes and hotel and restaurant operations. No other significant nonrenewable energy or environmental resources are expected to be lost due to the Subject Action. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 48 of 53 2.10.4 Growth-Inducing Impacts Growth-inducing aspects can be generally described as long-term secondary effects of a development, which are either directly or indirectly related to the project. The direct growth- inducement aspects of a project include the attraction of an increase in population to the area due to the creation of jobs, new institutions (e.g., universities, hospitals) or support facilities (e.g., major retail stores). Indirect growth- inducement aspects are those that increase the development potential of an area. The proposed hotel and restaurant uses will generate jobs of various types associated with those operations. As evaluated in Section 3.1.2 of the DEIS, the proposed restaurant and hotel uses are projected to generate approximately 10 and 43 employees, respectively, for a total of 53 jobs. These projected jobs would include food preparation and service, housekeeping, maintenance, and managerial positions, among others. There is a resultant beneficial impact of additional employment and wages for the local population. As indicated in the Market Study (Appendix G of the DEIS), the hotel will meet an existing demand. Rather than visitors traveling by car for “day trips,” the proposed hotel would allow for guests to overnight for one or several days. Upon implementation of the proposed action, it is expected that most visitors would frequent the Hamlet Center businesses, taking advantage of the hamlet’s walkability and diverse business offerings. It would be expected that the proposed hotel will serve as a catalyst for existing businesses to extend evening operating hours and potentially encourage the development of new businesses. As explained in Section 3.1 of the DEIS, these were noted goals for Southold Hamlet Center in the 2005 Town of Southold Hamlet Study. The proposed development does not require expenditures in establishing new services or infrastructure to accommodate its demand. For example, the proposed action will not introduce a significant population to the area that would require the public school district to increase spending for student education. Finding 10.4: The hotel and restaurant will provide economic growth, increased property tax revenues, temporary construction jobs, long-term part- and full-time jobs, and is likely to have an economic benefit to the community. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 49 of 53 2.10.5 Impacts on Solid Waste Management As evaluated in Section 1.2.9 of this DEIS, based upon factors of two (2.0) pounds per meal per day for the restaurant use and three (3.0) pounds per unit for the proposed hotel, it is estimated that the proposed development would generate approximately 11.01± tons per month of solid waste. All solid waste from the proposed development would be collected and disposed of by a licensed private carter. Recycling on the property will be implemented with separate trash receptacles; however, recycling methods (single-stream or dual-stream) will be determined by the carter contracted to collect and dispose of the on- site trash. As part of the project, best management practices for reduction in solid waste generation and product selection will be incorporated into the business plans. Such practices will include, but not be limited to, the following:  Sustainable product selection - Take away bags and containers for the restaurant should include recyclable products, limiting plastic use.  Utilize highly concentrated cleaning supplies and refillable dispensers for soaps, lotions, etc. to eliminate bottle waste.  Use washable cloth products and dishware instead of disposable ones.  Request that hotel and restaurant suppliers reduce excess packaging on delivered products. All trash enclosures (i.e., central dumpster areas for the restaurant and hotel) will be screened with vegetation and pick-ups will be scheduled to eliminate wastes being held for a long duration. This schedule will be developed with the collector and will be undertaken to prevent the potential for odors to develop near the trash enclosures. Overall, no significant adverse impacts associated with solid waste generation are expected. Finding 10.5: Solid waste will be picked up, transported and disposed by a private contractor once the hotel and restaurant are operation and will be disposed at a licensed solid waste disposal or recycled at an approved recycling facility. 3.0 Alternatives Two alternatives were considered as part of the environmental review. Alternative 1: No- Action Plan and Alternative 2: Permitted Use (As-of-Right) Plan. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 50 of 53 3.1 Alternative 1: No-Action Plan Alternative 1: No-Action Plan: The No Action Plan for this review is the existing or status quo condition. SEQRA specifically requires a comparative evaluation of what it refers to as the “No Action Alternative”. The No Action Alternative provides a basis for identifying, characterizing and assessing anticipated site changes and the possible impacts and benefits that are likely to result in the reasonably foreseeable future in the absence of any new site disturbances, construction activities, land use(s), or other reviewable activities. The No-Action alternative involves leaving the site as it currently remains, absent the proposed action and the continuation of the site for residential use. The No-Action alternative would not result in any changes to traffic patterns, the current noise environment, community services, or utilities provided (e.g., water usage, sanitary discharge, and electrical usage). There would be no changes to the visual quality of the site, or the character of the community. The projected job generation, increased tax revenue and secondary economic benefits of a proposed hotel in the hamlet center would also not be realized. Overall, the subject property is a privately owned, 6.75-acre parcel situated within the HB zoning district of the Town of Southold. The No-Action alternative does not achieve the objectives of the project sponsor. 3.2 Alternative 2: Permitted Use (As-of-Right) Plan The Permitted-Use (As-of-Right) Alternate Plan contained in Appendix M of the DEIS would include the conversion of the existing residence to a 74-seat restaurant use (similar to the proposed action) and the construction of a one-story, 30,650 SF non-medical office building. The non-medical office building would be situated in the rear of the subject property, in a similar location to the proposed hotel building with surface parking surrounding the building. The As-of-Right Plan includes dedicated on-site parking for each land use, including 38 spaces for the restaurant and 309 paved spaces for the office building. The area of impervious surface would be increased by 3.555± acres (from 0.125± acre to 3.68± acre), while the area of lawn and landscaping would also increase by 1.36± acres (from 0.936± acre to 2.295± acres). Finding 11.0: The analysis of project alternatives provides a basis for comparing some of the characteristics, potential impacts, and benefits of alternative actions with those of the Applicant’s preferred plan. Based on this review, the proposed action with identified impact mitigations is the preferred action. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 51 of 53 4.0 Project Objectives and Benefits The Proposed Project offers the following social, economic and other benefits: The proposed project would redevelop the subject property with a boutique hotel and restaurant use which would be accompanied with an increase in tax revenue to various taxing jurisdictions, including (but not limited to) Suffolk County, the Town of Southold, and the local fire protection and school districts. Pursuant to information provided by the Town of Southold Board of Assessors, under the proposed development, the subject property would generate approximately $123,482 in total tax revenue to various applicable taxing jurisdictions as described above, based on 2018-19 Town of Southold tax rates. Pursuant to the July 2015 HVS Proposed Boutique Hotel and Spa Market Study Results Report, the proposed development is projected to generate between $3.5 and $5.4 million in annual revenue from the proposed hotel rooms, food and beverage services, spa, and other services, with net income ranging from $1.7 to $2.9 million after operational expenses. The proposed hotel and restaurant uses will generate jobs of various types associated with those operations. Based upon job generation factors of 1,429 and 400 Mean Number of Square Feet per Employee for the hotel and restaurant, respectively, the proposed restaurant is projected to generate approximately 10 employees. The proposed job generation for the hotel is approximately 43 employees. Accordingly, the proposed development is projected to generate a total of approximately 53 jobs. These projected jobs would include food preparation and service, housekeeping, maintenance, and managerial positions, among others. Of particular importance is that the proposed hotel would meet an existing demand. Rather than visitors traveling by car for “day trips,” the proposed hotel would allow for guests to overnight for one or several days. Upon implementation of the proposed action, it is expected that most visitors would frequent the Hamlet Center businesses, taking advantage of the hamlet’s walkability and diverse business offerings. It would be expected that the proposed hotel would serve as a catalyst for existing businesses to extend evening operating hours and potentially encourage the development of new businesses. These were noted goals for Southold Hamlet Center in the 2005 Town of Southold Hamlet Study Finding 12.0: The proposed project will provide several public benefits to help offset anticipated impacts as described above. These benefits arise from direct, indirect and induced investments, employment, salaries, benefits as applicable from temporary construction The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 52 of 53 activities and part-time, full-time and long-term maintenance and contractor work. The project will generate additional property tax revenues, augment area sales and services, and provide lodging and dining uses that will help support and stimulate the local economy. 5.0 CONCLUSION The preceding is based on a review of environmental conditions, impacts, mitigations, project alternatives and project benefits. The EIS and this Findings Statement have identified potential environmental impacts and the strategies and techniques that must be implemented to avoid or suitably mitigate them while balancing these considerations with social, economic and other considerations among the reasonable alternatives available. The Lead Agency, has, as required by SEQRA, evaluated the Subject Action against the requisite “No-Action Plan” (Alternative 1) and a Permitted Use (As-of-Right) Plan (Alternative 2). Based on the review of the content of the subject EIS and this Findings Statement, consideration of the comments received during the public and agency review process as addressed in the FEIS, and the general design of the project and measures identified to avoid or minimize impacts in the EIS, the Town of Southold ZBA as Lead Agency, concludes that all applicable SEQRA procedures have been followed, identified impacts have been avoided or mitigated to the maximum extent practicable subject to strict compliance to required mitigation, and long-term benefits of the Action, including social, economic and other essential considerations have been considered. The Enclaves Hotel and Restaurant 56655 Main Road, Southold, NY Findings Statement October 2021 Page 53 of 53 State Environmental Quality Review Act FINDINGS STATEMENT SIGNATURE PAGE Certification to Approve/Undertake Having considered the Draft and Final Environmental Impact Statements for the Subject Action and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR Part 617.11, this Statement of Findings certifies that the Planning Board of the Town of Southold, as Lead Agency in the subject matter, has: 1. considered the relevant environmental impacts, facts and conclusions disclosed in the SEQRA documents; 2. weighed and balanced relevant environmental impacts with social, economic and other considerations; 3. provided a rationale for the agency’s decision; 4. met the requirements of 6 NYCRR Part 617; and 5. found that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the Subject Action is the one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures and safeguards that were identified as practicable. By the Zoning Board of Appeals, Town of Southold, NY, ______________________________ Signature of Responsible Official ______________________________ Name of Responsible Official _____________________________ Title of Responsible Official ____________________________ Date Copies of this Findings Statement shall be filed with: The Lead Agency and Involved Agencies and made available to the public