HomeMy WebLinkAboutApproval Resolution OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 1p � � Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) �� ° ('w era"r
Southold NY �' t t r�s Telephone: 631 765-1938
www.southoldtownuy.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 9, 2024
Andrew V. Giambertone, AIA President
Andrew V. Giambertone & Associates, Architects
62 Elm Street
Huntington, NY 11743
and
David N. Altman, Esq.
Brown Altman & DiLeo, LLP
538 Broadhollow Road, Suite 301
Melville, NY 11747
Re: Approval - The Enclaves Hotel and Restaurant
56655 NYS Route 25, Southold
SCTM#1000-63-3-15 Zoning District: HB
Gentlemen:
The following resolution was adopted at a meeting of the Southold Town Planning Board
on January 8, 2024:
WHEREAS, this site plan is for the proposed conversion of an existing 3,026 sq. ft.
residence with a 584 sq. ft. addition, into a 74-seat restaurant and the construction of a
hotel with 44 units, and an outdoor pool on 6.75 acres in the Hamlet Business Zoning
District. The property is located at 56655 NYS Route 25, Southold. SCTM#1000-63-3-15;
and
WHEREAS, on October 21, 2021, the Southold Town Zoning Board of Appeals (ZBA), as
Lead Agency, completed the EIS and Findings for the Type I action and Positive
Declaration pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part
617. A complete timeline and additional information regarding the SEAR process can be
found in the Findings, Deliberations and Determination Meeting of December 2, 2021,
Special Exception for 56655 Main St. LLC (The Enclaves Hotel and Restaurant) document
in Town Laserfiche; and
ndavooto & Restaurant Pie of 13 4naM04
WHEREAS, on December 6, 2021, the ZBA granted Special Exception 7046SE for the
proposed Hotel & Restaurant subject to numerous Conditions, and Covenants &
Restrictions required to be filed with the Office of the Suffolk County Clerk; and
WHEREAS, on December 22, 2021, David N. Altman, Esq., authorized agent, submitted
site plans, information and materials for a Site plan review; and
WHEREAS, on January 24, 2022, the Southold Town Planning Board found the
application incomplete for review, requiring the submission of revised site plans and
additional information for review; and
WHEREAS, on February 1, 2022, Andrew Giambertone, authorized agent, submitted a
portion of the revised plans and additional information as required for review; and
WHEREAS, on February 3, 2022, Bryan Grogan, P.E., submitted revised plans and
additional information as required for review; and
WHEREAS, on February 4, 2022, staff provided comments and analysis via email
regarding the plans submitted, noting their deficiencies; and
WHEREAS, on February 17, 2022, Andrew Giambertone, authorized agent, submitted a
portion of the revised plans and additional information as required for review; and
WHEREAS, on February 22, 2022, Bryan Grogan, P.E., submitted revised plans and
additional information as required for review; and
WHEREAS, on February 28, 2022, the Southold Town Planning Board accepted the site
plan application as complete for review; and
WHEREAS, on March 10, 2022, Bryan Grogan, P.E., submitted a revised Landscape Plan
for review; and
WHEREAS, on April 5, 2022, the Southold Town Planning Board, pursuant to Southold
Town Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, on April 7, 2022, Southold Town Code Enforcement submitted
correspondence that there were no open violations regarding the subject parcel; and
WHEREAS, on April 11, 2022 the Southold Town Planning Board held a public hearing for
the proposed action and determined to hold the hearing open until April 25, 2021 for
written comments; and
WHEREAS, on April 19, 2022, David N. Altman, Esq., authorized agent, submitted
correspondence and supporting exhibits on the behalf of the applicant regarding
comments raised at the Public Hearing; and
gnclaves Hotel. & Restaurant Eggg 3 of 13 January!9 2 224
WHEREAS, on April 25, 2022, the written comment period was closed; and
WHEREAS, on April 26, 2022, the Southold Town Fire Marshal determined certain
revisions were required to provide adequate fire protection and emergency access for the
site; and
WHEREAS, on May 3, 2022, the Southold Town Architectural Review Committee (ARC)
provided comments to be incorporated into the proposed site design and layout by the
Southold Town Planning Board; and
WHEREAS, on May 17, 2022 the Suffolk County Planning Commission (SCPC) provided
comments and guidance regarding the proposed action; and
WHEREAS, on May 1 , 2022, the Southold Town Engineer reviewed the proposed
application and determined revisions were required in order for the site plan to meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on June 1, 2022, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
consistent with Southold Town LWRP policies with recommendations to the Planning
Board; and
WHEREAS, on June 1, 2022, the Southold Fire District determined certain revisions were
required to provide adequate fire protection for the site, consistent with the Southold Town
Fire Marshal; and
WHEREAS, at a work session on June 22, 2022, the Southold Town Planning Board
reviewed the proposed application and required revisions to the site plan and additional
information necessary, for the Site plan to comply with various applicable sections of the
Town Code as detailed in the Work Session Staff Report; and
WHEREAS, on July 8, 2022, the Southold Town Engineer verified that no NY Stake outfalls
would be impacted by the proposed action and therefore, no SPDES construction permit is
required; and
WHEREAS, on July 11, 2022, the New York State Department of Transportation
(NYSDOT) provided comments to the applicant specifying the information and plans
required to complete the application for Case #97500 for a Highway Work Permit; and
WHEREAS, on August 8, 2022, Nelson & Pope, authorized Technical Consultant to the
Southold Town Planning Board, provided correspondence to the Planning Board in
response to comments received during the Public Hearing; and
WHEREAS, on September 12, 2022, after careful consideration, the Southold Town
Planning Board, as an involved agency for the action, adopted the Statement of Findings
adopted by the ZBA on October 7, 2021, for the proposed Enclaves Hotel and Restaurant
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Application, pursuant to Article 8 of the Environmental Conservation Law (State
Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part
617; and
WHEREAS, on November 29, 2022, Bryan Grogan, P.E., submitted revised plans as
required for review; and
WHEREAS, on December 1, 2022, the Southold Tonw Planning Board referred the revised
site plan to the Office of the Town Engineer for review; and
WHEREAS, on December 1, 2022, the Southold Town Planning Board sent a request for
Use Certification to the Chief Zoning Administrator pursuant to §280-131(17)(1); and
WHEREAS, on December 5, 2022, the Southold Town Planning Board reviewed the
revised site plan at their work session and determined that revisions and additional
information were required; and
WHEREAS, on December 15, 2022, the Southold Town Engineer reviewed the proposed
application and determined that revisions were required in order for the site plan to meet
the minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on December 19, 2022, the Southold Town Planning Board reviewed the
revised site plan at their work session and determined revisions and additional information
were required; and
WHEREAS, on December 21, 2022, Andrew Giambertone, authorized agent, submitted
revised Elevations and Renderings as required for review; and
WHEREAS, on January 9, 2023, Bryan Grogan, P.E., submitted revised plans as required
for review; and
WHEREAS, on January 13, 2023, the Southold Town Planning Board referred the revised
site plan to the Office of the Town Engineer for review; and
WHEREAS, on January 13, 2023, the Southold Town Planning Board referred the revised
site plan to the Chief Zoning Administrator and Fire Marshal for review; and
WHEREAS, on January 24, 2023, the Southold Town Engineer reviewed the proposed
application and determined that the site plan prepared by Bryan A. Grogan, P.E., dated
August 23, 2016 and last revised December 21, 2022, met the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on February 2, 2023, the Southold Town Chief Zoning Administrator reviewed
and certified the proposed Hotel & Restaurant as a use permitted by Special Exception
#7046SE in the Hamlet Business Zoning District; and
gnqIavq jHoteI_&Restaurant Page 5 of 13 LanuqN 9�2024
WHEREAS, on March 2, 2023, Andrew Giambertone, authorized agent, submitted revised
site plans for review by the Fire Marshal; and
WHEREAS, at a work session on March 13, 2023, the Southold Town Planning Board
reviewed the proposed application and required the applicant to provide a Draft
Performance Guaranty (Bond) pursuant to §280-131(K), provide a completed waste water
permit from the Suffolk County Department of Health Services (SCDHS) and a Highway
Work Permit from the NYSDOT as required; and
WHEREAS, on April 27, 2023, Andrew Giambertone, authorized agent, submitted a Draft
Bond Estimate for review as required; and
WHEREAS, on May 24, 2023, Andrew Giambertone, authorized agent, submitted a
revised Draft Bond Estimate that included line items and unit price for review as required;
and
WHEREAS, on May 31, 2023, the Southold Town Fire Marshal reviewed the proposed site
plan and determined the plan to be consistent with emergency access and safety protocol
requirements; and
WHEREAS on June 1, 2023, the Southold Town Engineer reviewed and confirmed the
Performance Guaranty Bond Estimate; and
WHEREAS, at their work session on June 5, 2023, the Southold Town Planning Board
reviewed and accepted the Town Engineer's estimate in the amount of $310,336,30, and
WHEREAS, on June 5, 2023, the Southold Town Planning Board determined that with
exception of the items listed as conditions below, all applicable requirements of the Site
plan Regulations, Article XXIV, §280 — Site plan Approval of the Town of Southold were
met; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board accepted the Bond
Estimate in the amount of$310,336.30, and recommended same to the Town Board; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board found the application
consistent with the Local Waterfront Revitalization Program; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board granted a Conditional
Approval regarding the Site plan entitled "The Enclaves" prepared by Bryan Andrew
Grogan, P.E. dated August 23, 2016 and last revised December 21, 2022, with five (5)
conditions to be met; and
WHEREAS, on June 20, 2023, the Southold Town Board accepted the Bond Estimate by
resolution as required by condition #3; and
Enclaves Hotel_& Restaurant `a of 13 J nq fD24
WHEREAS, on October 17, 2023, Andrew Giambertone, R.A., and Bryan Grogan, P.E.,
submitted five (5) paper copies of the Final Site Plan, Floor Plans and Building Elevations
including the stamp, seal and signature of the NYS Licensed Professional preparing the
plans, as required by Condition #5; and
WHEREAS, on October 30, 2023, Bryan Grogan, P.E., submitted New York State
Department of Transportation (NYSDOT) Highway Work Permit #20231097500 issued
October 30, 2023 through October 29, 2024 as required by Condition #1; and
WHEREAS, on November 29, 2023, a $310,336.30 Performance Bond was
submitted by Liberty Mutual Insurance Company with J. Petrocelli Contracting, Inc.
as principal as required by Condition #3; and
WHEREAS, on December 13, 2023, the Suffolk County Department of Health
Services (SCDHS) granted approval for #C-22-0081 Sewage Treatment Plant (STP),
Collection System and Water Supply for Hotel & Restaurant @ 11 ,420gpd as
required by Condition #2; and
WHEREAS, on December 14, 2023, the 6% Administration Fee of $18,620.18 was
submitted by J. Petrocelli Contracting, Inc. as required by Condition #4; and
WHEREAS, at their work session on January 8, 2024, the Southold Town Planning Board
determined that all five conditions of conditional approval had been satisfied as detailed
above; therefore be it
RESOLVED, that the Southold Town, Planning Board grants Approval with; Conditions,
listed below, regarding the Site plan entitled "The Enclaves" prepared by Bryan Andrew
Grogan, P.E. dated August 23, 2016 and last revised February 3, 2023 and authorizes the
Chairman to endorse the plans listed below:
Site plan Table of Contents Details
C-001 Site plan General Notes C-400 Landscape Plan and Details
C-002 Site plan Legend C-500 Site Lighting and Details
C-100 Traffic Control & Parking Plan C-501 Site Lighting and Details
C-101 Site Circulation Plan & Detail C-600 Site Layout and Utilities Plan
C-102 Site Circulation Plan & Detail C-601 Site Layout and Utilities Plan
C-103 Site Circulation Plan & Detail C-602 Site Layout and Utilities Plan
C-104 Work Zone Traffic Control Plan C-700 Site Details
C-200 Grading and Drainage Plan C-701 Details
C-201 Grading and Drainage Plan C-702 Details
C-202 Boring Plan and Boring Logs C-800 Irrigation Plan
C-300 Sediment and Erosion Control A2.1 Hotel Lower Level Plan
Plan A2.2 Hotel First Floor Plan
C-301 Sediment and Erosion Control A2.3 Hotel Second Floor Plan
Details A2.4 Hotel Roof Plan
C-302 Sediment and Erosion Control A3.1 Hotel Elevations
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A3.2 Hotel Elevations A3.5 Restaurant Front Elevations
A2.5 Restaurant Root Cellar Floor Plan A3.6 Restaurant Right Side Elevations
A2.6 Restaurant First Floor Plan A3.7 Restaurant Rear Elevations
A2.7 Restaurant Second Floor Plan A3.8 Restaurant Left Side Elevations
A2.8 Restaurant Roof Plan
Conditions (ongoing)
PRIOR TO SITE WORK BEGINNING
1. Preconstruction meeting;
Prior to beginning any site work, including clearing or grading, a preconstruction
meeting shall be coordinated with the Southold Town Planning Department and
Southold Town Engineer. This meeting shall include the construction manager or
equal, and the designated on-site environmental technician.
2. Prior to Clearin
a. The 25-foot rear yard setback, and the 10' side yard setback areas must be staked
and inspected by the Southold Town Planning Department as per condition number
9. below.
b. Trees to be retained in other areas of the site must be flagged for inspection by
Southold Town Planning Department as per condition number 8. below.
STORMWATER RUN-OFF & DRAINAGE
3. Prior to construction, a SWPPP shall be prepared to address items during construction
such as concrete washout areas, temporary stabilization, and erosion and sediment
maintenance and inspection procedures. (SEQRA)
4. Storm water run-off containment systems must be inspected by the Southold Town
Engineer at the time of installation. Prior to beginning any work on the drainage system
for stormwater, please call the Southold Town Engineer to coordinate inspections.
EVENTS
5. No outdoor events of any size are permitted. (ZBA Special Exception & SEQRA)*
6. No Special Events pursuant to Southold Town Code Chapter 205 are permitted. (ZBA
Special Exception)
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T.gary 9 2024
7. No large events with over 100 guests are permitted. (ZBA Special Exception)
TREE CLEARING
8. Retain existing trees wherever possible. These trees shall be flagged for inspection by
the Southold Town Planning Department prior to clearing. (SEQRA)
9. Retain all existing trees 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 habitat benefits to wildlife associated with established native trees. (SEQRA)
10.Tree clearing shall occur during winter months (between December 1 and February 28)
in accordance with NYSDEC to avoid any potential take of Northern long-eared bat
(Myotis septentionalis), a species listed as federally endangered by the U.S. Fish and
Wildlife Service. (SEQRA)
GRADING & EXCAVATION
11.All excess soil not used onsite shall be characterized for disposal purposes. Soil
wastes shall be transported to permitted off-site DEC disposal facilities in accordance
with NYSDEC Part 360. Other soils, if determined to have a beneficial use, shall be
transported to other appropriate sites in accordance with NYSDEC Part 360. (SEQRA)
12.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) shall be installed to prevent
runoff from impacted areas from entering areas in which soil mitigation is not necessary
or has already been completed. (SEQRA)
13.Erosion and sedimentation controls shall 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 shall be routinely inspected and maintained such that no sediment will be
transported off-site. (SEQRA)
24
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14.The on-site environmental technician shall monitor dust levels from equipment,
vehicular traffic and construction activities on exposed soils and take immediate action
when necessary. The environmental technician shall implement the dust control plan
(as provided in Section 2.3 of the SMMP in Appendix L of the DEIS) if there is actual or
potential visible dust. Dust suppression measures shall be employed in accordance
with NYSDEC DER-10 Appendix 1 B for Fugitive Dust and Particulate Monitoring.
(SEQRA)
15.If there is dust or the potential for dust in areas of concern, the Environmental
Technician shall direct that area to 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 (SEQRA):
a. Apply water to designated work areas prior to any clearing, mixing, or other earth
moving operations.
b. At a minimum, water shall be applied to all disturbed work areas at least four times
per day during dry weather periods.
c. The disturbed areas shall 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.
d. No earth moving activities shall be performed if the wind at the site steadily exceeds
15 miles per hour.
e. All unpaved haul roads and equipment paths shall 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.
f. Transportation of soils on-site shall be performed in a covered vehicle, or the soils
must be sufficiently watered to prevent dust emissions.
g. Onsite vehicle speeds must not exceed 10 miles per hour and the site must be
posted with speed signs.
h. Parking areas shall be designated and shall be sufficiently watered or gravel lined to
prevent dust emissions.
n favas Hot l & Restaurant Pane 10 of JanuqM9. 2Q24
LANDSCAPING & BUFFERS
16.Buffers
A minimum 15' wide Transition Buffer shall be maintained along the eastern property
line in accordance with §280-94(B)(1) and the site plan. This transition buffer shall
include a staggered double row of at least 133 Leyland Cypress plantings at 18'-20'
high and a 6.5' high noise-attenuating wooden stockade fence to provide privacy from
noise, headlight glare and visual intrusion to residential dwellings.
17.Landscape buffer plantings shall be installed early in the construction process to
provide additional time for growth during the construction period. (SEQRA)
18.Native and drought-tolerant species shall be installed as approved on the landscape
plan to reduce use of fertilizer, pesticides and water for irrigation. (SEQRA)
19.Organic landscaping maintenance shall be implemented as approved. (SEQRA)
GENERAL
20.Existing historic structure shall be retained. (SEQRA)
21.All aspects of the project shall be constructed and maintained substantially in
accordance with the approved site plan including the architectural drawings.
22.Proposed hotel amenities (spa, pools, roof top bar/lounge) shall not be available for use
by general public. 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. (ZBA Special Exception & SEQRA)
23.No outdoor music is permitted anywhere on the property. (ZBA Special Exception)
24.No expansion of the number of approved hotel units is permitted. (ZBA Special
Exception)
25.Exterior signage details must be submitted for review and approval by the Southold
Town Planning Board prior to permitting.
26.The hotel building must have a sprinkler suppression system.
Enclaves Hotel & Restaurant Page Paggj I of 13 anu U 9 2t1 4
27.Curbs shall be mountable, particularly in areas of the driveways where an extended
load-bearing surface is provided to accommodate larger emergency response vehicles,
as shown on the site plan.
28.The existing well shall be utilized as an irrigation well for all irrigation needs in addition
to the use of smart irrigation control systems and drought tolerant vegetation.
29.Groundwater-monitoring wells shall be installed to monitor groundwater impacts both
upstream and downstream of the effluent disposal system of the onsite STP. This is in
accordance with the Suffolk County Department of Health Services (SCDHS), Suffolk
County Water Authority (SCWA) and NYS Department of Environmental Conservation
(NYSDEC).
30.No parking to be allowed on State Route 25 in front of the subject property. (SEQRA)
31.A noise-attenuating wooden stockade fence at 6.5' in height shall be installed along the
eastern and western property lines as shown on the site plan (approved by the
Southold Town Zoning Board of Appeals as part of their Special Exception approval
and SEQRA findings). (SEQRA)
32.Acoustic Barriers shall be installed around the cottage exterior spaces. (SEQRA)
33.To address potential noise concerns from the rooftop lounge area, a 30-inch glass
barrier shall be provided on top of the parapet. (SEQRA)
34.The rooftop terrace shall have limited hours of operation (10AM-9PM Sun- Thurs,
11AM-10PM Fri-Sat) and will be for overnight hotel guests only. (SEQRA)
RENOVATION OF EXISTING HOUSE TO A RESTAURANT
35.Prior to renovation and conversion of the existing house, an Asbestos Containing
Materials (ACM) survey shall be performed. If ACM are identified, removal of any
materials shall be in accordance with prevailing regulations. (SEQRA)
36.The existing onsite sanitary system, which currently services the single-family
residence, shall be abandoned in place in accordance with SCDHS regulations. The
structures shall be pumped and cleaned prior to abandonment. (SEQRA)
37.The existing 275-gallon above ground fuel oil tanks noted in the Phase I Environmental
Site Assessment (ESA) shall be cleaned and removed in accordance with applicable
nc av 1-19, 1 urant 1 of^� January 2024
regulations. These 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. (SEQRA)
* ORIGIN of CONDITIONS LISTED ABOVE
Special Exception:
Conditions that originate from the Southold Town Zoning Board of Appeals' (ZBA)
Special Exception approval granted December 2, 2021 (File No. 7046SE) have the
notation "ZBA Special Exception" to identify them:
SEQRA: Conditions that originate from the SEQRA Environmental Impact
Statement and Findings Statement of the ZBA, with same being adopted by the
Southold Town Planning Board on September 12, 2022 have the notation "SEQRA"
to identify them.
Please also note the following requirements in the Southold Town Code relating to
Site plans:
1. Approved Site Plans are valid for eighteen months from the date of approval, within
which time all proposed work must be completed, unless the Southold Town
Planning Board grants an extension.
2. Any changes from the Approved Site plan shall require Southold Town Planning
Board approval.
1 Prior to the issuance of a Certificate of Occupancy, the Southold Town Planning
Board must inspect the site to ensure it is in conformity with the Approved Site Plan,
and issue a final site inspection approval letter. Should the site be found not in
conformance with the Approved Site Plan, no Certificate of Occupancy may be
issued unless the Southold Town Planning Board approves the changes to the plan
If you have any questions regarding the above, please contact this office.
Respectfully,
James H. Rich III
Chairman
Encl.
24
cc: Andrew V. Giambertone
Michael Verity, Chief Building Inspector
Michael Collins, Town Engineer
By signing this letter, the applicant acknowledges that there are Town Code requirements
and conditions, including, those listed above, that must be satisfied prior to the issuance of
a Certificate of Occupancy.
Print name: pplicant
Date°
Signature: ..�