HomeMy WebLinkAbout1000-47.-2-15 (3) " f
BOARD MEMBERS �� So Southold Town Hall
Leslie Kanes Weisman, Chairperson +' � 53095 Main Road • P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora Q_ffirl � )a o :
Eric Dantes Town Annex/First Floor,
Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento1 � Southold,NY 11971
... ........°...... ,,.° http://southoldtownny.gov
;� �[1 ZONING BOARD OF APPEALS
TON OF SOUTHOLD
° W Tel. (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMIN AITION
MEETING OF DECEMBER 19, 2024
ZBA FILE No.: SE 7914 & 7893SE I 9 ,cn?an Clerk
NAME OF APPLICANT: Silver Sands Holdings I LLC
PROPERTY LOCATION: 1135 Silvermere Road, Greenport, NY
SCTM No. 1000-47-02-15
µC ,R A DE, ERMI AJ'JON: The Southold Town Planning Board as Lead Agency, at the
conclusion of their coordinated review, on May 6, 2024 classified the proposed Action for Special
Exception Approval and Site Plan Approval, as Type II, pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, and further determined that the Action having a Negative Declaration will not
have a significant adverse impact on the environment.
1J1 Im )l „COU11 'TY AD"MINIw [1� �`I E!C, OD : This application was referred as required under
the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department
of Planning issued its reply dated January 25,2024 stating that this application is considered a matter
for local determination as there appears to be no significant county-wide or inter-community impact.
LW'1�1 I'°' DETERMIN `IWK) : This application was referred for review under Chapter 268,
Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a
recommendation dated November 4, 2024. Based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available, it is
recommended that the proposed action is INCONSISTENT with LWRP policy standards and
therefore is INCONSISTENT with the LWRP. However, the structure(s) which are the subject of
this application are existing. The structure(s) are in Flood zone x with a low to moderate flood risk
(.2 percent annual chance). The proposed scope of work is for interior alterations and a change of
use. Therefore, the Board of Appeals now finds that the applications for Special Exception requests
to change the uses of the as built structures on the subject parcel from a"boathouse with dwelling"
to a free-standing restaurant and commercial kitchen,along with the conditions of approval imposed
herein, now finds the proposed actions to be CONSISTENT with the LWRP.
R1 'TfQ:L- The subject property, Tax lot # 15 is a conforming 88,340
square foot waterfront property located in the Resort Residential (RR) zoning district. The property
runs 182.41 feet along Pipes Cove on the South side. The property runs 681.92 feet on the West
side, 123.77 feet on the North side, and 601.50 feet on the East side. The property is accessed via a
Page 2, December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
Right of way from Silvermere Road running across tax map lot 14. The property is improved with
two frame buildings, two wood decks, an awning over wood deck, a swimming pool, two bocce
courts,and a wood bulkhead. All is show on a Survey by Young and Young L.L.S. dated December
14 2022 and last updated January 10, 2024.
In addition to the Subject lot the entire Silver Sands Hotel complex includes eight independent lots.
The entire Silver Sands Hotel complex is located in the Resort Residential(RR)zoning district. The
complex measures 265,207 square feet. Tax map lots 11; 12; 13; 14; and 15 are on the West side
and South side of Silvermere Road. The West side of the complex runs 615.69 feet along Pipes
Cove. The complex runs 681.92 feet on the West side. The complex runs 182 feet on the North side
to Silvermere Road. The complex then turns South running 205.40 feet on the East side before
turning East and running 86.92 feet on the Northeast side. The complex then turns East and runs
189.49 feet on the North side. The complex again turns South and runs 218.88 feet on the East side
bordering the Silveremere Road End parking lot. Another part of the complex,tax map lots 8;9;and
10 are on the North and East side of Silveremere Road. Tax map lots 8; 9; and 10 are a combined
parcel which runs 98.13 feet along Silvermere Road on the West side, 40.84 feet on the Southwest
side,and 167.76 feet on the South Side. The property runs 174.98 feet on the North side, and 121.09
feet on the East side. The North complex is improved. Tax map lots 8; 9; and 10 are improved with
a frame building. Tax map lot 10 is used for parking. Tax map lot 11 is improved with a frame
building with a wood deck and a concrete sea wall. Tax map lot 12 is improved with a frame building,
a wood bulkhead,and concrete sea wall. Tax map lot 13 is improved with three frame buildings and
a concrete sea wall. Tax map lot 14 is improved with eight frame buildings, a frame garage, and a
concrete sea wall. Tax map lot 15 is improved with two frame buildings, a wood deck, an awning
over wood deck, two bocce ball courts, a swimming pool, and a wood bulkhead. Tax map lots 14
and I5 are accessed by a right of way across lot 13 which borders Silvermere Road. All is show on
a Survey by Young and Young L.L.S. dated December 14 2022 and last updated January 10, 2024.
BASI.. ..()l APPLICATION:ION: Request for special exception pursuant to Article VII, Section 280-
3513(6) and Article VII, Section 280-35C(1); applicant requests; in ZBA file No. 7893 SE to 1) to
convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized in
conjunction with converted restaurant on the same lot (Lot 15), and; 2) upon conversion, said
commercial kitchen will be accessory to the principle use of the converted restaurant; and the
applicant requests in ZBA file No. 7914 SE to 1) to convert an existing accessory boathouse to a
freestanding restaurant with office and storage space, for restaurant operations; and (2) permission
for an accessory seasonal outdoor barbeque/bar area all located at 1135 Silvermere Road, Southold,
NY. SCTM 1000-47-2-15.
Pl ,OMSE -US: The applicant proposes to develop a code conforming free standing restaurant
on the property. The restaurant will consist of a kitchen in the Eastern building on the property, a
dining room in the Western building on the property, an outdoor bar and dining area, and a pizza
truck. The applicant is not building any new buildings on this property. The applicant testified that
Suffolk County Department of Health will allow a dining room to be in a separate building from the
kitchen if there is a canopy/awning system connecting them.
ADDITIONAL IN CRm "I'°1O :,A neighbor came to the hearing and testified that he did not have
any objections to the restaurant but that he did not want any of the kitchen venting to be located on
the non-conforming, Western, side of the boat house building. Further, the applicant testified that
there is a pizza truck on the property which serves pizza during the summer months. A neighbor
testified that the venting of the pizza truck is an issue and that an odor carries over onto his
neighboring property.
Page 3,December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
AD I`I tONA /BA K'rROUND INFORMATION:4 The subject boathouse and dwelling(on tax lot
15) is part of a larger complex. The Silver Sands property consists of nearly 45 acres across 12 lots
situated south of Rt. 25 on both sides of Silvermere Road. Inclusive in the 45 acres is an 18 acre salt
marsh and a 15 acre riparian lot in Pipes Cove which is currently being utilized as an oyster farm.
The original motel with diner/restaurant on lot 1 I served as the focal point for the larger Silver Sands
resort which was first established in 1957. In addition to the motel and riparian parcels the Silver
Sands resort consists of the Silvermere bungalows,which are l 1 free standing bungalow hotel rooms.
In total between the hotel and diner on lot 11,the Silvermere bungalows are on lot 12, lot 13,and lot
14. Lot 11, Lot 12, Lot 13, and Lot 14 combined add up to 3.59 acres of land. Additionally, lot 15,
the subject lot measures 2.125 acres of land consists of a dwelling and boathouse
ADDITIONAL APPLICATIONS: In addition to the subject requests for Special Exceptions, the
applicant has applied for ZBA application#7894 for variance relief for a non-conforming side yard
setback of the as built "boathouse" proposed to be converted to a dining room. The applicant has
also applied for ZBA# 7897 requesting the Zoning Board of Appeals rescind building department
conditions that limit the use of the Diner and bar area of the hotel restaurant on tax map lot I I to
hotel guests only. Further, in ZBA# 7915 the applicant applied for approval to allow an existing
swimming pool located on lot in 15 to be utilized as an accessory use for motel and cottage overnight
guests on lots 11, 12, 133, and 14. This application was withdrawn by the applicant.
WRI"l"'°I`E_Nw SUBMISSIONS:Numerous neighbors and community members signed and submitted a
pre-printed letter of support for the applicant. Several of the neighbors attended the public hearing
and generally spoke in support of the applications, and testified that their relationship with the
applicant is cordial.One nearby neighbor sent in a letter of objection based upon loud noise intrusion
caused by a wedding party that was held n the Silver Sands property.
I F, FFER FROM GREEN 'C!P "vvVI LAGEe E SEWAGE: In a letter dated June 3,2024 Greenport
Village requested that any approval be subject to Greenport Village's approval because Silver Sands
complex uses Greenport Village's sewer system. In response the applicant testified that he had paid
to upgrade the village of Greenport's sewage pump at his own cost and expense,submitted testimony
from a licensed engineer,submitted capacity documents from the Village of Greenport's technicians,
and submitted engineering documents stating that there will not be a material change to the complex's
sewage treatment needs. The ZBA and Town of Southold does not regulate sewage treatment. Any
approval shall be conditioned on the applicant's compliance with the Suffolk County Department of
Health (the regulatory body for Southold Town's sanitary waste)approval.
w["OWN tJ!tkrt O!U" l tO!tm D PLANNING BOARD: At the hearing on November 7,2024,the
applicant testified that while tax map lot 15 is the subject of the Special Exception applications and
request for variance relief the Planning Board is taking a holistic approach to the site plan approval
and looking at the entire complex and its various legally separate properties.
In a memorandum dated November 4, 2024 to the Zoning Board of Appeals, the Southold Town
Planning Board stated that"they are not opposed to a restaurant use and detached kitchen by Special
Exception in this location-the current owners have clearly invested meaningful resources in
upgrading and enhancing an existing Resort Residential site-but the Board has concerns regarding
the number of potential patrons/occupants, emergency access/service, and deficient parking to
support the layout of the site, it is difficult to provide typical mitigation measures such as vegetated
buffers and distance."
The Planning Board further states that there are mitigations that can soften the impact of the proposed
restaurant including but not limited to decreasing the total number of seats to meet parking totals,
meet the requirements for emergency access and prohibit the use of the Town ROW and road end
Page 4, December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
beach parking for patrons,guests,and employee parking, increase parking and screening to the extent
feasible from the neighboring R-40 parcels, prohibiting outdoor music and ensuring that exterior
lighting meets town lighting code(chapter 172).
The Planning Board further states that"with mitigation, the project can be found consistent with the
Southold Town Comprehensive Plan. The Vision statement of the plan states that community
character must be maintained while also maintaining a vibrant local economy (paraphrased). This
proposal does contribute to the local economy,however maintaining community character,and with
it, quality of life, will require mitigating the future intensity and possible impact to the neighbors."
Goal 1 of the Economic Development Chapter states that existing local businesses should be helped
to grow; while Goal 2 provides the need for balance in that growth to protect the community
character. This is an existing local business that has and will continue to invest in the local economy.
At the same time,growth of this business must be tempered by some limits to ensure the community
character of the neighborhood is not adversely affected.
FINDINGS OF F .C�.�n� REASONS.,j;°OR BOARD ACTION.
The Zoning Board of Appeals held public hearings on this application on May 2, 2024, and
November 7,2024 at which time written and oral evidence were presented. This subject
application and related ZBA Silver Sands applications were all adjourned to the ZBA Special
Meeting on December 19, 2024 at which time they were closed.
Based upon all testimony, documentation, personal inspection of the property and surrounding
neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
The Board has reviewed the General Standards governing Special Exception uses set forth in Section
280-142 and finds:
A. That the use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts. The free-standing Restaurant is permitted by code. The
boat house building is placed to block the outdoor dining area from the neighbor's view.
The commercial kitchen is in the center of the property and not located near the property
line. The Silver Sands motel complex has existed in this location for many years and adding
this code conforming amenity conforms to code and is in line with Southold Town's
Comprehensive Plan.
B. That the use will not prevent the orderly and reasonable use of permitted or legally
established uses in the district wherein the requested use is located or of permitted or
legally established uses in adjacent use districts. The property is zoned RR. The existing
boathouse and dwelling have historically been used as part of the Silver Sands Resort
Complex. The nearby residential zone will be protected from any possible adverse impacts
by the conditions imposed herein proposed restaurant will be in addition to the already
established restaurant use that is on tax map parcel 11 in the motel.
C. That the safety, the health, the welfare, the comfort, the convenience or the order of the
town will not be adversely affected by the proposed use and its location. There are no
residential buildings on the part of Silvermere Road leading to the public parking lot in the
Silver Sands resort complex. The applicant must obtain site plan approval from the Town
of Southold Planning Board which can further mitigate possible adverse impacts and Health
Department approval is also required. can mitigate the effects of the restaurant on the
neighbors by installing a solid fence on the property line.
Page 5, December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
D. That the use will be in harmony with and promote the general purposes and intent of
this chapter. The applicant testified that the proposed re-development of the Silver Sands
Resort complex is in line with the most current version of the Town of Southold's
Comprehensive Plan. The proposed free-standing restaurant is part of the larger Silver
Sands Resort Complex. Merging tax map lots 11; 12; 13; 14; and 15, as conditioned
herein, will mitigate the non-conformity of some of the proposed development and"as-
built"development which does not conform to current zoning code,thereby bringing the
entire resort complex closer to conformity with the code.
E. That the use will be compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly about visibility, scale and
overall appearance. The applicant proposes to maintain the existing exterior of the two
existing buildings on the property and use their architecture as part of the design of the
restaurant. The applicant is expanding the on-site parking available on the premises which
will keep the motel and restaurant guest's cars off the street.
F. That all proposed structures, equipment, and material shall be readily accessible for fire
and police protection.
G. That the proposal shall comply with the requirements of Chapter 236, Stormwater
Management.
In making such determination, consideration was also given to:
A. The character of the existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of the most appropriate uses of
land. The re-development of the Resort Complex will improve the property values in this
neighborhood.
C. The effect that the location of the proposed use and the location that entrances and exits may
have upon the creation or undue increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety. This application is determined to by an
unlisted action by the Southold Town Planning board under SEQRA standards.
D. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use. The subject
property is serviced by SCWA water and is connected to the Village of Greenport Sewer
district and must obtain all required Department of Health approvals.
E. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases,odors,smoke or soot. The conditions of approval of this application require
that the applicant keeps the kitchen venting away from the neighboring residential properties
and the prohibition of any food trucks on the premises will remove the possibility of the
additional emissions of smoke and smells that are currently caused by the presence of a pizza
truck on the premises and the applicant has not been able to vent it away from the
neighboring property.
F. Whether the use will cause disturbing emissions of electrical discharges,dust,light,vibration
or noise. Planning Board will require the restaurant to use dark sky compliant lighting as
well as mitigation measures to screen the property from residential neighbors.
G. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The proposed use should enhance
Page 6,December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
the enjoyment of the use of the Jurzenia park located at the end of Silvermere Road. Jurzenia
park does not have a public bathroom or any eating facilities. With the proposed restaurant,
park goers will now have a place to dine, or purchase take out. Parking at the park is limited
to Town of Southold parking permit holders.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and can
be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein
the use shall be located. The applicant shall submit a parking plan which shall be approved
by the Southold Town Planning Board.
I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by the
inaccessibility of the property or structures thereon for the convenient entry and operation of
fire and other emergency apparatus or by the undue concentration or assemblage of persons
upon such plot.
J. Whether the use or the structures to be used therefore will cause an overcrowding of land or
undue concentration of population. The applicant has the land required for this use in the
zoning code's bulk schedule. The applicant is not proposing to maximize permitted lot
coverage. The applicant is proposing to re-use existing structures on the parcel without any
new construction.
K. Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably
anticipated operation and expansion thereof. The subject property is a code conforming
2.125 acres in size.
L. Whether the use to be operated is unreasonably near to a church,school,theater,recreational
area or other place of public assembly. The subject property is not near a church school, or
theater. It is near Jurzenia park and the proposed use will enhance the people's enjoyment
of the park.
M. Whether the site of the proposed use is particularly suitable for such use. The site is in an
RR zoning district which is part of a Resort Complex at a road end. It is appropriate for this
use.
N. Whether adequate buffer yards and screening can and will be provided to protect adjacent
properties and land uses from possible detrimental impacts of the proposed use. The
applicant shall receive site plan approval and approval of mitigation measures from the
Southold Town Planning Board and must comply with the conditions of approval imposed
herein.
O. Whether adequate provision can and will be made for the collection and disposal of
stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the
proposed use will generate. The applicant shall submit a storm water runoff plan as approved
by the Southold Town Planning Board and/or Town Engineer.
P. Whether the natural characteristics of the site are such that the proposed use may be
introduced there without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on and
off the site. The applicant is proposing to re-purpose existing structures. There are no new
structures being proposed;just renovations and re-purposing of existing buildings.
Q. The issuance of a Special Exception permit,as applied for in this application, is also subject
to the following specific criteria and requirements which have been met pursuant to Section
280- 35(B)6 of the Town Code: which permit the use of a freestanding restaurant.
R. The character of the existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such permitted uses.
S. The conservation of property values and the encouragement of the most appropriate uses of
land.
Page 7, December 19,2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
T. The effect that the location of the proposed use and the location that entrances and exits may
have upon the creation or undue increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety.
U. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use.
V. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases,odors, smoke or soot.
W. Whether the use will cause disturbing emissions of electrical discharges,dust,light,vibration
or noise.
X. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The applicant shall maintain on-
site parking as required by the Southold Town planning board.
BOAR,,1 „ w� w` C 1,,L!'l`I0N,: In considering all of the above factors, motion was offered by Member
Weisman (Chairperson), seconded by Member Dantes, and duly carried to
GRANT the Special Exception applications as applied for,
SUBJECT TO T11E FOLLOWING CONDITIONS:
1. The applicant shall submit a revised signed and sealed site plan prepared by a licensed
professional depicting the removal of the in-ground swimming pool currently located on lot
#15.
2. The applicant shall obtain site plan approval from the Planning Board within two years of
this decision, which will include a determination by that Board of the total number of
permitted indoor and outdoor seats in the proposed free-standing restaurant, known as
Eddie's, on lot 15, the seasonal outdoor awning over wood deck dining structure also on lot
15 known as Eddie's Oyster Bar, and the diner, known as Nookie's, located in the motel
building on lot 11. Failure to obtain site plan approval will render this Special Exception
Permit null and void.
3. All parking and seating that is within 15 feet of a neighboring residential property shall be
screened with a substantial wall, fence, or hedge or buffered as approved by the Southold
Town Planning Board.
4. All employee and guest parking must be on-site as finalized by site plan approval from the
Planning Board.
5. No further expansion/enlargement of the proposed free-standing restaurant/dining room
(Eddie's),related commercial kitchen,or motel diner(Nookie's) is permitted.
6. The applicant shall merge the properties on tax map lots 11; 12; 13; 14; and 15. The merger
shall be approved by the Southold Town Planning Board and any approval as may be
required by Suffolk County within one year of this decision.
7. The septic system and sewer connection on the subject property must be approved by the
Suffolk County Department of Health Services
8. The applicant shall submit architectural plans to the ZBA showing all kitchen, bath and
mechanical exhaust fans venting on the East side of the building or the Eastern side of the
Roof. The subject building shall not vent any mechanical equipment off the West side of
the building. The applicant shall not place AC condensers or any mechanical equipment on
the Western side of the building.
9. The food truck (Pizza truck) on the subject premises must be removed and all food trucks
are prohibited on all lots in the Silver Sands complex.
Page 8, December 19,2024
97893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
10. The applicant shall be limited to four(4)special events per year on the Silver Sands property,
as proposed by the applicant. The applicant must apply for and obtain approval for a Special
Event Permit from the Town of Southold Town Board for each of the four permitted special
events.
11. No outdoor music is permitted on the premises
12. No busses or limousines are permitted on the entire premises, other than shuttle service
provided by the Silver Sands business operation for overnight guests staying at the motel
and bungalows
13. The Special Exception Permit granted herein involves a change in occupancy or a change in
use or a change within a classification of the occupancy. Therefore, as a condition of
approval, the applicant must contact the Building Department to make the determination
whether or not a Building Permit is required and that changes will be NYS Code compliant.
14. This Special Exception Permit requires an operating permit and inspection by a Building
Inspector from the Building Department that must be renewed annually. lt�is„t,,ktp,,,llppli-Aat S
r pajgsil;1ility to contact the Building Department on an annual basis to schedule the required
inspection.Failure to do so may require a public hearing before the Zoning Board of Appeals
to review potential action to revoke the Special Exception Permit granted herein.
15. This Special Exception permit requires that the applicant complete construction on the dining
room and kitchen in order to begin the approved special exception use in compliance with
the conditions imposed by the Zoning Board of Appeals within three years.
16. In accordance with the Zoning Board of Appeals, approval shall thereafter be deemed a
lawful use as if the same were permitted by this chapter without need for a special exception
permit; provided, however,that:
a. All conditions imposed by the special exception approval shall continue to apply unless
they, by their express terms, are of limited duration;
b. All conditions imposed on special exception approval uses generally or specifically by
this chapter shall continue to apply, regardless of whether any such conditions were
expressly incorporated into the special exception approval;
c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same;
d. The duration of a special exception use may be limited to a specified time period as set
forth in the approval of the Zoning Board of Appeals. If the approval is silent as to the
duration of the special exception use,then said use shall be in perpetuity;
e. A special exception use which has been discontinued for a period of one year or more
shall be deemed abandoned.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when
issued
NOTE: Violations of Conditions: A violation of any limitation or condition of a special exception
approval or of any provision of this chapter applicable to a special exception use shall constitute
a violation of this chapter. The Zoning Board ofAppeals shall retain jurisdiction and shall have
the right, after a public hearing, to modify, suspend or revoke such approval or any term or
condition thereof or to impose thereon one or more new conditions, pursuant to Article UT,
Section 280-141 of the Town Code.
Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert.
(3-0) (M°mber Acampora Absent,Member Planamento Recused)
f"
l e„ Kanes .._. ..... _.... ....u.......
eisman,Chairperson
Approved for filing 0_,� / q /2024
OFFICE LOCATION: M
�� AILING ADDRESS:
Town Hall Annex a,r P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
qz
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: James H. Rich III, Chairman Q,
Members of the Planning Board
Date: November 4, 2024
Re: Request for Comments for Silver Sands Holdings LLC
Located at 1135 Silvermere Road, Greenport - Zoning District: RR
SCTM#1000-47.-2-15 ZBA#7839SE, 7894 & 7914SE
The Planning Board thanks you for the opportunity to provide comments regarding the
applications referenced above. Overall, the Board is not opposed to a restaurant use
and detached kitchen by Special Exception in this location —the current owners have
clearly invested meaningful resources in upgrading and enhancing an existing Resort
Residential site — but the Board has concerns regarding the number of potential
patrons/occupants, emergency access/service, and deficient parking to support the
uses on site. The adjacent residences are very close to the proposed restaurant, which
may cause adverse impacts to quality of life for those neighbors. Given the existing
layout of the site, it is difficult to provide typical mitigation measures such as vegetated
buffers and distance.
There are, however, mitigations that can soften the impact of the proposed restaurant
including, but not limited to the following:
a. decreasing the total number of seats to meet parking totals and limit potential
crowds; and
b. meet the requirements for emergency access/service detailed below; and
c. prohibit the use of the Town R.O.W. and road end beach parking for patrons,
guests and employee parking; and
d. increase parking screening (to the extent feasible) from neighboring R-40 zoned
parcels with substantial evergreen plantings and fencing; and
e. prohibit outdoor music; and
f. ensure that exterior lighting meets the Town Lighting code (Chapter 172).
Below the Planning Board provides a detailed review of the above-referenced proposals
to (1) convert an existing storage building (aka boathouse) to a freestanding (111 seat)
restaurant with office and storage space for the restaurant operation by Special
Exception (7893SE); (2) insufficient side yard setback (7894); and (3) to convert an
existing single family dwelling to a commercial kitchen to be utilized in conjunction with
the converted restaurant on the same lot and upon conversion, said commercial kitchen
will be accessory to the principle use of the converted restaurant by Special Exception
(7914SE).
1. Consistency with Site Plan requirements
(a) Parking Deficiency
Silver Sands is comprised of eight (8) separate parcels totaling
approximately 6.08acres (265,207 sq. ft.) that utilize shared facilities,
including parking. Overall, 99 parking stalls are required for all Silver
Sands uses together, and fifty (50) are proposed to be provided.
Southold Town Code requires all parking to be provided on the property
where the use occurs, or in some cases, on adjacent property within 200
feet. After consultation with the Town Attorney's office, it was determined
that none of the Town-owned land along, or at the end of Silvermere Road
may be used in this calculation. For a parking space to qualify towards
meeting the parking requirement, it must be shown on the site plan and
needs to meet the Town Code dimension requirements of 9'W x 191 with
a 22' aisle width.
In the effort to alleviate these parking deficiencies, a revised site plan was
submitted voluntarily by the applicant to the Planning Board on March 18,
2024, and revised September 6, 2024. The site plan proposes to provide
an additional thirteen (13) parking stalls as a result of removing the
existing pool and patio area, for a total of nineteen (19) stalls on Lot 15,
including one ADA compliant stall and loading area.
Further, the applicant has removed parking from the Town ROW on the
plan and rotated five (5) stalls 900 to be parallel to Town ROW in the area
of SCTM#1000-47.-2-10.
Page 2 of 7
The proposed 111-seat restaurant on Lot 15 would require thirty-seven
(37) parking stalls on its own, where nineteen (19) parking stalls are
proposed. Or to put it another way, the nineteen parking stalls provided
allow for fifty-seven (57) seats.
The applicant contends that the 50 parking stalls they are providing for the
entire site (motel and restaurant) are sufficient to accommodate motel
guests and restaurant patrons due to the use of alternative transportation.
They have put forth that a certain number of patrons arrive by shuttle and
boat, and thus do not need parking spaces. Also, that some employees
walk to work because they live nearby, and they can implement certain
reservation policies at the motel diner and proposed restaurant.
The Planning Board reviewed the data on alternative transportation
submitted by the applicant which showed that 14.6% of guests of the
motel requested a ride from the motel's shuttle service, meaning they
didn't arrive by car and did not require a parking space. Reducing the
motel guest parking requirement by 14.6 % allows for another 4 parking
spaces to be allotted to the restaurant.
There were data provided about people arriving by boat, but given the
very short seasonal nature of this mode of transportation, the Board was
not inclined to count that as a viable reduction to the parking
requirements.
Overall, if the ZBA is considering approving the restaurant, the number of
seats and site occupancy for the restaurant area (outdoor and indoor)
should be limited to the number of seats allowed based on the number of
parking spaces provided, which translates to no more than 61
patrons/seats.
Motel Parking: All required parking and any parking related to Silver
Sands, including Motel unit parking, is required to be provided on site
pursuant to Chapter 280-78H.
Employee Parking: All required parking and any parking related to Silver
Sands, including employee parking, is required to be provided on site
pursuant to Chapter 280-78H.
The fact that some employees or guests may have beach stickers allowing
them to park in the Town beach access at the road end does not change
the calculations for the required number of parking spaces. Town Code
requires businesses to provide parking on the site of the business.
b) Emergency Access Requirements: The applicant is working towards a
compliant site plan with regard to emergency access and service
Page 3 of 7
requirements. They have provided certification from a licensed engineer
that the existing "stone roadway" is load bearing of at least 75,OOOlbs and
leads to a compliant hammerhead turnaround of (120' x 70"). They also
provided Private Hydrant Flow Test results that show the existing private
hydrant has sufficient flow (located —253' from the restaurant building).
The following items, however, remain to be verified/resolved at this time:
1) A 20' wide emergency access road (load bearing at least
75,OOOlbs); OR, verification/proof that the proposed restaurant
building and proposed kitchen building will each be provided with
sprinkler suppression systems.
i. The existing stone blend driveway ranges from 14' —22'
wide from its access off of Silvermere Road to the proposed
restaurant building and only the proposed restaurant building
has been noted as having a sprinkler suppression system.
The separate kitchen building must also be equipped with a
sprinkler suppression system if the driveway is to be
provided at the range of widths specified above.
ii. Currently, six (6) "No Parking" signs are proposed along this
driveway leading to the proposed turnaround. Additional
signage and/or roadway striping may be required by the
Planning Board.
c) Report from the Local Waterfront Revitalization Program (LWRP)
Coordinator: The proposed action was found by the LWRP coordinator to
be inconsistent based on Policy 4 (below) of the LWRP.
1) Policy 4: Minimize loss of life, structures, and natural resources
from flooding and erosion.
i. 4.1: Minimize losses of human life and structures from
flooding and erosion hazards.
ii. The following management measures to minimize losses of
human life and structures from flooding and erosion hazards
are suggested:
1. Move existing development and structures as far
away from flooding and erosion hazards as practical.
Maintaining existing development and structures in
hazard areas may be warranted for.•
Page 4 of 7
a. Structures that functionally require a location
on the coast or in coastal waters.
2) The restaurant use is not water-dependent, and is susceptible to
flooding; putting structures and life at risk during coastal storms,
including hurricanes. The property where structures are located on
the parcel is within the Flood Zone X — 0.2 Percent Annual Chance
Flood Hazard. Flood Zone X is an area with low-to-moderate flood
risk.
3) Much of the Peconic Estuary shoreline is flood-prone. The
traditional method of preventing damage has been to protect
property and houses with bulkheads, raising the property out of the
floodplain. Management efforts in this area seek to mitigate the
effects of flooding by siting and designing structures.
4) The intent of this policy is to protect life, structures, and natural
resources from flooding and erosion hazards throughout the Town
of Southold. The policy reflects state flooding and erosion
regulations and provides measures for the reduction of hazards and
protection of resources.
d) Outside Approvals
The Planning Board has not yet completed their Site Plan process for this
application and outside permits are required from and remain to be
obtained from at least the following agencies:
1) Suffolk County Department of Health Services Approval:
i. Office of Wastewater Management (C-23-0169);
1. The wastewater review will require the landowner to
obtain necessary approvals from Greenport Village if
they are planning to use the Village sewer system for
the restaurant.
2. The Planning Board received correspondence from
the Village of Greenport in connection with the
pending Silver Sands application, generally objecting
to the restaurant because it represents an expansion
and currently the Village is not allowing expansions.
Page 5 of 7
3. This is a matter to be resolved between the applicant
and the Village of Greenport, prior to any Site Plan
approval.
ii. Food Services Department (FSP-23-001225).
2) Suffolk County Water Authority: Letter of Water Availability.
3) Zoning Board of Appeals: (1) Special Exception; (2) Area Variance.
2. Consistent with the Comprehensive Plan
With mitigation, the project can be found consistent with the Southold Town
Comprehensive Plan.
The Vision statement of the plan states that community character must be
maintained while also maintaining a vibrant local economy (paraphrased).
This proposal does contribute to the local economy, however maintaining
community character, and with it, quality of life, will require mitigating the
future intensity and possible impacts to the neighbors.
Goal 1 of the Economic Development Chapter states that existing local
businesses should be helped to grow, while Goal 2 provides the need for
balance in that growth to protect the community character. This is an existing
local business that has and will continue to invest in the local economy. At the
same time, the growth of this business must be tempered by some limits to
ensure the community character of the neighborhood is not adversely
affected.
That mitigation is required to ensure consistency with the Comprehensive
Plan is found in the following sections of the Plan: Community character
Goal 3: Preserve Quality of Life in Residential Neighborhoods, including:
preserve community character of residential neighborhoods (Objective 3.4);
enhance safety of neighborhood roads (objective 3.1); reduce impacts from
traffic (objective 3.2); reduce impacts from noise and light pollution (objective
3.3).
3. Insufficient side yard setback
The proposed restaurant building and associated parking are at less than four
feet to multiple rear yards of the adjacent R-40 zoning district and Shore Road
community. This requested side yard setback variance is approximately 75%,
(3.7' and 4.8' where 15' is required). Adequate mitigation may be difficult to
provide to maintain quality of life for the residential (R-40) zoned properties to the
west, and the restaurant use may result in adverse impacts to the residential
Page 6 of 7
uses. For example, parcel SCTM#1000-47.-2-25.1 would be directly overlooking
the proposed outdoor restaurant seating.
Further, nineteen (19) parking stalls are proposed with a setback of 4.8' to the
west side yard, with at least twelve (12) directly facing two rear yards of adjacent
R-40 zoned parcels. The proposed location of these parking stalls may inhibit
sufficient screening as required by Town Code section §280-78(K). This Code
requires that any parking area of over five spaces that abuts or is within 15 feet
of the side or rear lot line of a lot, in any residence district, shall be screened from
such adjoining lot by a substantial wall, fence or thick hedge approved by the
Planning Board.
If you should have any questions or require additional information, please do not
hesitate to contact the Planning Department.
Cc: Julie McGivney, Assistant Town Attorney
Page 7 of 7
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex
P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) a
Southold,NY �k Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: James H. Rich III, Chairman
Members of the Planning Board
Date: July 26, 2024
Re: Request for Comments for Silver Sands Holdings LLC
Located at 1135 Silvermere Road, Greenport - Zoning District: RR
SCTM#1000-47.-2-15 ZBA#7839SE, 7894 & 7914SE
The Planning Board has reviewed your request for comments regarding the above-
referenced application and is requesting more time to provide substantive comments for
your consideration. The Planning Board is in need of more information from the
applicant in order to complete their comprehensive substantive review of the actions
proposed on the subject site.
If you have any questions, please do not hesitate to contact the Planning Office..
cc: Julie McGivney, Assistant Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 �� "� � ',��, Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold,NY �;�, Telephone:631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: lames H. Rich III, Chairman
Members of the Planning Board
Date: April 26, 2024
Re: Request for Comments for Silver Sands Holdings LLC
Located at 1135 Silvermere Road, Greenport-Zoning District: RR
SCTM#1000-47.-2-15 ZBA#7839SE, 7894&7914SE
The Planning Board thanks you for the opportunity to provide comments regarding the
applications referenced above. Overall,the Board has concerns about the variances requested
and requests more time to provide substantive comment on these applications. Particular
concerns include the sewer connection from the Village of Greenport, a notable parking
deficiency on the site plan, and the intensification of"Lot 15." In light of the above,the
Planning Board provides the preliminary comments below.
The Planning Board has received the request for comments regarding the above-referenced
proposals to (1) convert an existing storage building (aka boathouse)to a freestanding (111
seat) restaurant with office and storage space for the restaurant operation by Special Exception
(7893SE); (2) permission for an accessory seasonal outdoor barbecue bar area; (3) insufficient
side yard setback(7894); and (4)to convert an existing single family dwelling to a commercial
kitchen to be utilized in conjunction with the converted restaurant on the same lot and upon
conversion, said commercial kitchen will be accessory to the principle use of the converted
restaurant by Special Exception (7914SE).
1. Village of Greenport Sewer
On April 8, 2024,the Planning Board received correspondence from the Village of
Greenport (an involved agency) in connection with the pending Silver Sands application.
In particular,the Village noted that k*\the applicant utilizes the Village sewage system
for disposal of sewage and that the agreement between the applicant and the Village
does not permit a restaurant toutilize the Village's system; and, (b)the Village currently
prohibits the expansion of any existing system that may accommodate any increased
production ofsewage.
Based on the information received from the Village of Greenport,the Planning Board
paused the processing of this application on April 8, 2024 in order for the applicant to
pursue a potential resolution with the Village of Greenport. As a result,the Planning
Board has not had the benefit of holding a Public Hearing or receiving comments from
referred agencies and therefore, needs more time to review the application.
2. Parking Deficiency
Silver Sands is comprised of eight (8) separate parcels totaling approximately 6.08acres
(265,207sf)that utilize shared facilities, including parking.The proposed 111-seat
restaurant on Lot 15vvou|d require thirty-seven (37) parking stalls where nineteen (19)
parking stalls are proposed. Overall, 101 parking stalls are required for all Silver Sands
uses and fifty/5O\ are being provided.
Southold Town Code requires all parking to be provided on the property where the use
occurs, or in some cases, on adjacent property within 200 feet. After consultation with
the Town Attorney's office, it was determined that none of the Town-owned land along,
mratthe end of Silvermere Road may be used in this calculation. For a parking space to
qualify towards meeting the parking requirement, it must be shown mn the site plan and
needs to meet the Town Code dimension requirements of TW x 191 with a 22' aisle
width.
In the effort to alleviate these parking deficiencies, a revised site plan was submitted
voluntarily by the applicant to the Planning Board on March 18, 2024.The revised plan
proposes to provide an additional thirteen (13) parking stalls asa result of removing the
existing pool and patio area, for ototal of nineteen (19) on Lot 15. In addition,the
applicant has removed parking from the Town R[JVV and rotated five /5\ stalls 90~to be
parallel tm Town ROW. The applicant contends that the parking requirement issatisfied
based on volunteered deductions made by transportation habits and their general
business model.
3. Insufficient side yard setback
The proposed restaurant building and associated parking are at less than four feet to
multiple rear yards ofthe adjacent R-4O zoning district and Shore Road community. This
requested side yard setback variance is approximately 75%, (3.7' and 4.8'where 15' is
required). Adequate mitigation may be difficult to provide to maintain community
character for the residential (R-40)zoned properties to the west, and the restaurant use
may result in adverse impacts to the residential uses. For example, parcel SCTM#47.-2-
25.1 would be directly overlooking the proposed outdoor restaurant seating.
Further, nineteen (19) parking stalls are proposed with a setback of 4.8'to the west side
yard, with at least seven (7) directly facing two rear yards of adjacent R-40 zoned
parcels.The proposed location of these parking stalls may inhibit sufficient screening as
required by Town Code section §280-78(K). This Code requires that any parking area of
over five spaces that abuts or is within 15 feet of the side or rear lot line of a lot, in any
residence district, shall be screened from such adjoining lot by a substantial wall,fence
or thick hedge approved by the Planning Board.
Thank you for this opportunity to provide comments.
OFFICE LOCATION: AIAILING ADDRESS:
Town Hall Annex 'M P.O.Box 1179
54375 State Road Route 25 �� ���w � Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1809
4Z http://southoldtownny.gov
ZONING BOARD OF APPEALS
Town of Southold
�v b
MEMO RECEIVED
TO: Planning Board rl '.
FROM: Leslie K. Weisman, ZBA Chairperson L ioi .76W6
Planning Board
DATE: January 24, 2024
SUBJECT: Request for Comments ZBA # 7897 INTERPRETATION for : Silver
Sands Holdings I LLC
The ZBA is reviewing the following application. Enclosed are copies of Building
Department's Notice of Disapproval, ZBA application, and current map on file. Your
review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
Applicant: Silver Sands Holdings I, LLC
Tax # Zone District: 47-2-11
ZBA : 7897
Hearin : May 2, 2024
Code Section: �N7�12�°2 "fljTl 0 im
Date of Stamped Site Plan : January 10, 2024
Preparer of Survey : Kehl Design Associates stamped by Nicholas
Mazzaferro P. E.
Thank you. (Enc.)
APPLICATION"I'O TFIE 8"O iTI OLD TOWN ZONING BOARD OF AM, aeive
INTERPRETATION
House No. 1400 StreetSilvermere Road Hamlet Southold JAN 2 4 2024
SCTM 1000 Section 047 Block02 Lots 11 0.87 acres onir POard of Appeals
( ) Lot Size Zone
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 11/16/2023 BASED ON SURVEY/SITE PLAN DATED
Owner(s):Silver Sands Holdings I LLC
Mailing Address: 1400 Silvermere Road, Greenporr, NY 11944
Telephone:631-997-1957 Fax: Email:alex@silversandsmotel.com
NOTE:In please complete below if application is signed by applicant's attorney,agent,architect,
builder,contract vendee,etc.and name of person who agent represents:
Name of Representative: for( }Owner( )Other:
Address:
Telephone: Fax: Email:
MOM Check to specify who you wish correspondence to be mailed to,from the above names:
(x)Applicant/Owner(s), ( }Authorized Representative, ( }Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED n/a-see attached letter and DENIED AN APPLICATIOi'IDATED FOR:
( )Building Permit
(x)Certificate of Occupancy ( )Pre-Certificate of Occupancy
( )Change of Use
( )Permit for As-Built Construction
(x)Other:see attached letter for an explanation of the required interpretation
Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by
numbers. This information is indicated on the Notice of Disapproval
Article: 2 Seetion• Subsection•
List prior appeals(if any)determined at any time with res ect to this ro er ,(List Appeal No.
and Year of decisions.)
ZBA-Interpretation, Page 2
INDICATE REASONS ICOR INTERPRETATIO —Please indicate portion of the
Southold Town Code OR Administrative Recision you wish the Zoning Board of Appeal
to reader an Interpretation and give explanation. Furthermore,if prior determinations
of this Board should be considered when making a board determination,please list them.
(Please be specilic. Additional sheets may be used Mtia lveparwer;s signature notarized):
Please see enclosed letter and corresponding exhibits that was submitted to the ZBA
on January 11, 2024.
By signing below,I certify all information is true and correct to the best of my knowledge.
Signature of Applicant or Authorized Agent
Alexander Perros
PRINT NAME
(Agent must submit written Authorization from Owner)
Sworn to before me this day
of 20-..
Notary Public
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex
P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) a
Southold,NY �k Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: James H. Rich III, Chairman
Members of the Planning Board
Date: July 26, 2024
Re: Request for Comments for Silver Sands Holdings LLC
Located at 1135 Silvermere Road, Greenport - Zoning District: RR
SCTM#1000-47.-2-15 ZBA#7839SE, 7894 & 7914SE
The Planning Board has reviewed your request for comments regarding the above-
referenced application and is requesting more time to provide substantive comments for
your consideration. The Planning Board is in need of more information from the
applicant in order to complete their comprehensive substantive review of the actions
proposed on the subject site.
If you have any questions, please do not hesitate to contact the Planning Office..
cc: Julie McGivney, Assistant Town Attorney
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: Alexander Perros DATE PREPARED:January 19,2024
1.For Demolition of Existing Building Areas
Please describe areas being removed: n/a
II.New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: n/a
Dimensions of new second floor: n/a
Dimensions of floor above second
Height(from finished ground to top of ridge): n/a
Is basement or lowest,floor area being constructed?If yes,please provide height(above ground)measured
from natural existing grade to first floor: n/a ,I
111.Proposed Construction Description(Alterations or Structural Changes)
(Attach extra sheet if necessary), Please describe building areas:
Number of Floors and General Characteristics BEFORE Alteratio"ns:
n1a
Number of Floors and Changes WITH Alterations:
n/a
IV.Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: n/a
Proposed increase of building coverage:_n/a
Square footage of your lot: n/a
Percentage of coverage of your lot by building area: n/a
V.Purpose of New Construction:
n/a
VT.Please describe the land contours(flat,slope %,heavilyw' ooded,marsh area,etc.)on your land
and how it relates to the difficulty in meeting the code requirement(s):
n/a
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners
for new construction,and photos of building area to be altered with yard view.
2/2020
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises listed on the real estate market for sale? Yes x No
B. Are there any proposals to change or alter land contours? x No Yes
please explain on attached sheet. w
C. Are there areas that contain sand or wetland grasses?Yes
D. Are those areas shown on the survey submitted with this application?Yew
E. Is the property bulk headed between the wetlands area and the upland building
area?No
F. If your property contains wetlands or pond areas,have you contacted the Office of the
Town trustees for its determination of jurisdiction?Yes
Please confirm status of your inquiry or°application with the Trustees:
Certificate of Compliance issued 9/25/23 for permit 2082C and if issued,please attach copies of permit
with conditions and approved survey,
G. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea
level? No
H. Are there any patios,concrete barriers,bulkheads or fences that exist that are not
shown on the survey that you are submitting?No
Please show area of the structures on a diairatn if any exist or state none on the above
line. P
1. Do you have any construction taking place at this time concerning your premises?No
If yes,please submit a co of building copy your g perzmit and survey as approved by the Building
Department and please describe:
J. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If any are lacking,please apply to the Building Department to either obtain them
or to obtain an Amended Notice of Disapproval. Please refer to letter and corresponding exhibits
K. Do you or any co-owner also own other tangy"adjoining or close to this parcel?Yes
If yes,please label the proximity of your lands on your survey.
L. Please list present use or operations conducted at this parcel
Motel&Restaurant
and the proposed use
;a t-Motel and Rz stauraat
(ex:existing single family,proposed:same with garage,pool or other) _ W---
January'9,2024
Authorized signator and Date
Ike
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit,site plan approval,use variance,area variance or subdivision approval on property within an
agricultural district OR within 506 feet of afarm operation located in an agricultural district. All
applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal Law.
1. Name of Applicant:Silver Sands Holdings I LLC" /Alexander Perros
2. Address of Applicant:1400 Silvermere Road, Greenport,"—NY"—
11971
—
3. Name of Land Owner(if other than Applicant):Sarpepsabove--
4. Address of Land Owner:Same as above
5. Description of Proposed Project:Request to uphold the underlying CO and remove added
restrictions
6. Location of Property:(Road and Tax map No.)
1400 Silvermere Road, Greenport, NY 11944/SCTM 1000-047-02-11
T Is the parcel within 500 feet of a farm operation? {x} Yes No
8. Is this parcel actively farmed? { } Yes W No . a'
9. Name and addresses of any owner(s)of land within the agricultural district containing active farm
operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it
is your responsibility to obtain the current names and mailing addresses from the Town Assessor's
Office(765-1937)or from the Real Property Tax Office located in Riverhead.
1. 1000-045-06-08 (675 Silvermere Road, Greenport NY)
2.
3.
4.
5.
6.
(Please use the back of this page if there are additional property owners)
01 /19 /2024
Signature of Applicant Date
Note:
I-The local Board will solicit comments from the owners of land identified above in order to consider the effect of
the proposed action on their fiann operation. Solicitations will be made by supplying a copy of this statement.
2.Comments returned to the local Board will be taken into considerittion as part as the overall review of this
application.
3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified
above. The cost for mailing shall be paid by the Applicant at the time the application is sulinutted for review.
OWNER/RIEPRIESENTATIVE
TRANSACTIONAL DISCtO URE FORM
The Town 0f rt l ' s i i ftict f interest n the a of tow f e a e o
r of t i i r w ido
igformatio,n wwp i carr a t w o e fti fintere t and flow t t t e
wv r wc t av m
YOUR NAME: Alexander Perros
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,
company.If so,indicate the other person's or company's name.) such as a
r
TYPE OF APPLICATION:(Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat, Mooring
Other(activity) 0-A regarding Certificate of Occupancy PlaMting
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any
officer or employee of the Town of Southold" "Relationship"includes by blood,marriage,or business
interest."Business interest"means a business,Including a Rartnership,in which the town officer or employee
has even a partial ownership of(or employment by)a corporation in which the town officer or employee
owns more than 5%of the shares.
YES NO x IF
If you answered"YES",complete the balance of this farm and date and sign where indicated.
Name of person employed by the Town of Southold `
Title or position of that person
Describe the relationship between yourself(the applicant/agen presentative)and the town officer or
employee.
Either check the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
n
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
w
Submitted this 19 ay of January 20 24
Signature
Print Name Alexander Perros
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATEMaY..17-f....1960
Appeal No. 270 Dated April 8, 1960
ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD
Thomas & Florence Jurzenia, a/c Silver'Sands 'Motel Appellant
To Silvermere Road
Greenport, Now York
at a meeting of the Zoning Board of Appeals or Thursday, May 12, 1960 the appeal
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to prop&ty
(X) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
1, SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception
X) be granted be denied pursuant to Article...... Section ......300, Subsection .....11.......
paragraph .. ............. of the Zoning Ordinance, and the decision of the Building Inspector (X)
be reversed ( ) be confirmed because the Board finds that the public convenience
and welfare and justice will be served and the legally established or
permitted use of neighborhood property will not be substantially or
permanently injured and the spirit of the Ordinance will be observed,
therefore be it RESOLVED that the application be granted as appli
for with the condition that the size of the sign is not to exceed
50 sq. ft., nor 6 ft. 6 in. in height, nor 12 ft. 6 in. in width,
considering that the size of the sign, when letters are mounted
independently, is predicated upon straight lines drawn to intersect
the high and low points of the characters of the sign.
2 VARIANCE By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce undue hardship because
(b) The hardship created (is) (is not) unique and (would) (would not) be shored by all properties
alike in the immediate vicinity of this property and in the same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
and therefore, it was further determined that the requested variance be granted be denied
and that the previous decisions of the Building Inspector be confirmed be reversed,
Not, ZONING BOARD OF APPEALS
judith T. Bo en
Secretary
FORM ZB4
LEGAL NOTICE:
7-45 P.M. (E. .T. ). ypon application of Thomas and Florence
Jurzenia, a/c Silver Sands Motel., Silvermere Road, Greenport, New
York, for a special exception in accordance with the Zoning
Ordinance, Article III, ,Section 300, Subsection 11, forpermission
to alter existing neon roof sign on roof of Silver Sands Motel,
Silvermere Road, Greenport, New York, bounded north by Silvermere
Road, east by Silvermere Road, south by Bay, and west by August
Sieger.
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JAN 112024
January 11, 2024 Zoning Board of gPPeal.
Mrs. Leslie Kanes Weisman,Chairperson
Southold Town Zoning Board of Appeals
54375 Route 25
P.O. Box 1179
Southold, NY 11971
Dear Chairperson Mrs. Leslie Kanes Weisman and Honorable Members of the Zoning Board of Appeals,
I respectfully write this letter pursuant to article N.Y. Town Zaw,§267--a(McKinney),which specifies that the
Zoning Board of Appeals shall hear and decide appeals from and reviewing any order, requirement,decision,
interpretation, or determination made by the administrative official charged with the enforcement of any
ordinance or local law adopted pursuant to this article.
We appeal the arbitrary alteration of the underlying Certificate of Occupancy on SUM 1000-47-02-11 ("Lot
11") by the Town of Southold's Plans Examiner. The newly issued Certificate of Occupancy (#44731) on
November 16, 20231, inexplicably limits the use to "motel guests only," a significant departure from the
original Certificate of Occupancy(no. #142) dated May 28, 1959 [Exhibit A].
The relief requested is the removal of that restriction from said Certificate of Occupancy,for the reasons set
forth below.
The Silver Sands property encompasses nearly 45 acres across 12 lots situated south of Route 25 on both
sides of Silvermere Road, inclusive of an 18-acre salt marsh and 15-acre riparian lot in Pipes Cove utilized
as an oyster farm [Exhibit B]. The original motel and restaurant on Lot 11 serve as the focal point of the
cherished Silver Sands resort, an enduring symbol in our community since its establishment in 1957.
Meticulously restored and revitalized in 2022-2023, the motel resort has operated continuously for over 60
years, holding significance for both residents and visitors from Suffolk and Nassau Counties, NY State, and
across the nation.The structure on Lot 11,as documented in the 1959 Certificate of Occupancy [Exhibit A],
was explicitly designated for a "Motel with restaurant (Silversands Motel)." Exhibit A also encompasses the
1957 building permit application, complete with original floor plans for the restaurant situated in the
northwest corner of the building—its current location.The original floor plan specifies two (2) entrances to
the restaurant: one facing the interior courtyard for motel guests and the other facing the public roadway,
Silvermere Road, welcoming public visits. When we purchased the motel in April 2022, we relied on the
underlying Certificate of Occupancy to be able to run the business as it had been for so many decades.
Historical photographs portray the property's vibrant history and continuous operations, including cookouts
on the beach and the motel diner that was enjoyed by overnight visitors and the community alike [Exhibit
Q. Over the decades,Silver Sands went through various ups and downs,but it always remained in continual
use in one fashion or another. In more recent years, even when the property fell into a state of serious
disrepair,the original restaurant space remained in use to prepare meals up until the day it was sold to the
current owners on April 13, 2022 [Exhibit Q.When the current owners took over the property, most of the
1 Note that I was made aware of the issuance of the new CO on November 20,2023.See email attached to Exhibit K.
original kitchen equipment, exhaust systems, and dining counter were functional and remained in the same
place as they were first installed over 60 years prior [Exhibit C].
In the summer of 2022, shortly after purchasing the property, the current owners applied for and received
an alteration permit to the motel and restaurant building on Lot 11 [Exhibit D].The initial permit(#48133)
was to replace all existing doors and windows, but it was followed by numerous amendments for additional
renovations, alterations, and upgrades to the building. Discussions with the Building Department regarding
upgrades to the pre-existing restaurant were part of the initial discussions with the Plans Examiner and
commenced in the summer of 2022 [Exhibit E]. Because the initial amendments to permit#48133 focused
on the motel rooms and lobby,the Building Department advised us to designate the restaurant as"storage"
on the floor plans and directed us on or around April 2023 to file plans for its upgrade under a separate
permit. The Building Department cited the necessity of obtaining approvals from the Suffolk County
Department of Health Services before proceeding with reviewing proposals to upgrade to the restaurant
area and wanting to expedite approvals required for the motel's summer 2023 opening [Exhibit F]. On May
25, 2023,the Building Department performed a final inspection and granted the"okay to operate &conduct
business" [Exhibit G]. On June 30, 2023, we officially reopened the Silver Sands resort and received a
tremendous amount of positive reviews and feedback from residents and visitors alike. The final Certificate
of Occupancy for alterations under permit #48133 is pending issuance from the Town Trustees, who
approved the work on this lot during their inspection on September 25, 2023 [Exhibit H].
As directed by the Building Department, a separate Building Permit application to upgrade the existing
restaurant space and bring it into compliance with current codes was submitted on June 8, 2023 [Exhibit
I]. The application included detailed plans, submissions, and approvals from Suffolk County Department of
Health Wastewater and Food Services divisions. Permit #49546 was issued on August 4, 2023; following
dozens of site visits, inspections, and approvals from various Town and county agencies, all required
documentation and signoffs was promptly submitted to the Building Department on October 13, 2023
[Exhibit J]. Five weeks later, on November 16, 2023, the final Certificate of Occupancy for the restaurant
(#44731) was issued (we were informed about it on November 20, 2023), but the occupancy was altered
from the original CO and its use was improperly restricted by stating: "alterations (diner and bar areas for
motel guests only) to the existing motel building as applied for" [Exhibit K]. It is crucial to note that the
June 8, 2023, permit application [Exhibit I] did not request a restriction to motel guests only. Instead, it
stated: "Install kitchen equipment in old diner space and add bar to lobby".
The sequence of Certificate of Occupancy (CO) issuances raises uncertainty. Notably, CO #44731 for the
restaurant was issued before the CO for Motel alterations (#48133). The motel alterations received final
building inspection approval on May 25, 2023,yet the CO is still pending. In contrast,the restaurant permit,
applied for on June 8, 2023, was issued on August 4, 2023, with ail signoffs provided to the Building
Department by October 13, 2023, and a final CO issued on November 16, 2023.
From the summer of 2022 until the present day, the current owners have collaborated extensively with the
Building Department, Town Trustees, and Fire Marshall to secure numerous alterations permits and
approvals for seventeen (17)existing structures within the Silver Sands complex.Throughout the renovation
and rejuvenation efforts,we have successfully closed out nearly all outstanding building permits,a testament
to the positive working relationship established with the Building Department, including both the Plans
Examiner and Building Inspector, who made many dozens of visits to the property throughout the
development phase and after we opened for business.In fact, many of the casual conversations we had on-
site during the spring and summer had to do with how happy in the Town and community were to see that
we preserved and improved what was already here so it could continue to be enjoyed by out-of-towners and
residents alike. That is one reason we are so perplexed by the recent issues and surprises we are now
confronted with.
The recently amended Certificate of Occupancy(#44731)stands in direct contradiction to the unconditionally
granted 1959 Certificate of Occupancy [Exhibit A],which faithfully reflects the property's approved use.The
Building Department's unilateral dismissal of the longstanding original CO, without providing any written or
verbal explanation, is particularly confounding. Adding to the confusion is the fact that this new restriction
runs counter to several key principles outlined in the Southold Town Comprehensive Plan (February 2020).
For instance, the Comprehensive Plan emphasizes the preservation and enhancement of the community's
'sense of place'and its residential, rural, and historic character. It encourages diverse housing types in the
HALO zone(which includes Lot 11),balancing density within these districts with the preservation of farmland
and open space.The plan also aims to safeguard scenic resources through design standards and innovative
site planning to prevent development sprawl, and it supports industries that sustain agriculture and
aquaculture uses.The Plan's Vision Statement underlines the extraordinary history and beauty of the Town
of Southold,expressing a desire to preserve its small-town quality of life while planning for a productive and
viable future.
We intend to continue to be an integral part of the community contributing to its vitality rather than being
perceived as a seasonal business draining resources. We are a year-round business and have committed to
providing employment for residents of Southold Town and we are proud to say that over 9090 of our
employees are residents. Arbitrary restrictions pose a severe threat to Silver Sands, potentially forcing a
transformation into a seasonal operation or worse,an exclusive, high-end enclave that mirrors the concerns
frequently bemoaned in the Hamptons (i.e., a seasonal business model, limited to peak summer months,
necessitating price hikes for maximum profit, and relying heavily on seasonal labor).
Silver Sands,with its iconic midcentury motel, historic neon sign,century-old beachside cottages, and 1,400'
of beach on Pipes Cove, epitomizes the North Fork's unique charm and is one of the most well-known and
scenic establishments in the area.The property's 18-acre Salt Marsh is a part of the Peconic Estuary System,
which has been cited as one of the "Last great places in the Western Hemisphere" by the Nature
Conservancy. Restricting access to the property solely to overnight guests contradicts the Town's stated
goals, particularly hindering our year-round business that relies on the local community. We have found a
tremendous amount of pride in rejuvenating the historic property so residents and out-of-town visitors can
enjoy the best of the North Fork for generations to come. It is not an exaggeration to say that on a weekly
basis, multiple people who live in the area drive by, walk the grounds, or stop in the lobby to compliment
what a wonderful job was done to the place and how happy they are to see it preserved.
By operating a year-round business and taking measures to protect and promote the unique ecology of nearly
45 acres of land and riparian property, we are trying to preserve open spaces and prevent development
sprawl. We are actively supporting the aquaculture industry through strategic partnerships with Cornell
Cooperative Extension and Oysterponds Shellfish Company, who actively farms on our underwater Riparian
Lot in Pipes Cove.We have forged additional land-based partnerships with PRFCT Earth and the Peconic Land
Trust to promote nature-based, toxic-free land COr8 pr8CtC8a` which will help 8OSUna the preservation Of
open spaces and lower density uses 0nthis special property.
Every aspect of the property is manifested in our public-facing channels(such as the diner)and we are unable
t0communicate these attributes unless the public iSwelcome t0visit and enjoy th8p[Operty. Ir8Sp8ctfUUy
request the Zoning Board of 8VV8O|s' assistance in clarifying this matter and restoring the underlying,
unrestricted Certificate of Occupancy for the property so we can continue to be a valuable, productive, and
respected member 0fTown's community fabric.
Your attention b]this matter iSgreatly appreciated.
Sincerely,
A|Sx3Od8rP8rrVS
Proprietor,Silver Sands
CC: Southold Town Building Department
EXHIBIT A
SUPERVISOR'S OFFICE TOWN CLERK'S OFFICE
16 South Skeet Mai* Street
Greenport. N. Y. BUILDING DEPARTMENT Southold, N. Y,
Tel. Gra*nport 7-0550 Tel. Southold 5-3783
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
BUILDING INSPECTOR'S OFFICE
r Forth Street
Grunportb NiCERTIFICATE OF OCCUPANCY
YY..
Tel. Greanport 7-0101 J
No. Dane a 19-2L
THIS CERTIFIES that the building located a4 W 6 "t►i1t a Street,
Map No. X9 ... — , Block No. Lot No.19 0;111�111�
in the Town of Southold, conforms substantially to the approved plans and specifications heretofore filed in this
office with Application for Building Permit dated Ambat 12 19.-; pursuant to which
Building Permit No. datedANS.11 19 M.-, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is issued is
IBioit ll with roatearant ( Silyervands Motel)
v�
This certificate is issued to DO hMOM
(owne'r, lass** or tempt)
of the aforesaid building.
Building Inspector
(The Ceat"ifioste of Occupancy will be lssuad ant;atter the Building Inspector is convinced of the completion of the
construction in compliance with the Multiple esidomo, Lew and with other laws, ordinances,or regulatlom affecting
the premises, and In conformity with A* approved pfans and spaciflcations.)
e
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TOWN OF SO THOL
Multiple Residence Law Permit
PERMIT NO. 114 19 APPLICATION NO. 114 195_
LOCATION Vf S Silvermere Road, !wort, N&Yr
•
Application having been made on ARM1111t, 12 19,U—, for a permif
covering construction on a New
(naw, altered, or conver+ed)
multiple residence building, by or in behalf of �� FlOreioae Jurzina
(OWaK)
Lerwin Blvd Greenport, 3j, ,for a dwelling located as above stated, and the said
application having been examined and recommended for approval on AUPuSt 13, 19ff—, a PERMIT
is hereby issued for the performance of the structural
(architectural, dnicturet, mechanical, ek.l
work described in the above numbered application and any accompanying plans and specifications.
If no work is performed within one year from the time of its issuance, this PERMIT shall expire by limitation.
A f+:Proved August 13. 1957 19 — 4,,�,, 0. I"
Eorceonee+ Officer
This permit granted subject to following conditions$
1. Fateriot gradirC. done to provide°"off ntreet pcV.-Ang" for gmmeta
Bator vehicles.
2. Fire stops be providowt over ° y walls and under party walls botween
apartments f- 4&:5, Ofi" . I>f14 z1 . # 18&19 and at boiler room in front
section.
3. Water supply, and spverlwl a disposal as approved by Suffolk County
Health Dept.
44, Apy cluMes or alteration to filed plans to be ap_pmved by Building
Inspector before each work ie done.
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EXHIBIT B
= undeveloped vacant land
SILVER SANDS MOTEL RESORT—TAX LOTS&ZONING 0 = land with existing structure(s)
• 1000-045-06-01(73550 Main Road,Greenport NY):Vacant 1.25 acres,corner of
Silvermere Rd.and Rt.25;Zoned Light Industrial Office
i 1000-045-06-02(73700 Main Road,Greenport NY):Small former Office Building
set on 3.3 acres,with 284 feet on the Main Road,high traffic visibility corner of
Silvermere Rd.and Rt.25;Zoned Light Industrial Office
• 1000-045-06-08(675 Silvermere Road,Greenport NY):17.8 acres salt marsh
estuary with upland near train tracks and 714.feet of Bayfront;Zoned-RR-Resort
Residential,Use-Motel Beachfront
• 1000-047-02-01 50 Shore Road,Greenport,NY):0.25 acres vacant residential lot,
corner of Silvermere Rd.and Shore Rd.;Zoned R-40,Use—Vacant Land
• 1000-047-02-08(1005 Silvermere Road,Greenport,NY):0.20 Acre vacant lot; l
Zoned RR-Resort Residential,Use Motel
• 1000-047-02-09(1155 Silvermere Road,Greenport,NY):0.25 acres,3-bedroom
Cabin with marsh frontage;Zoned RR-Resort Residential,Use—Motel
• 1000-047-02-10:Small sliver of land between Lot 9 and town road
• 1000-047-02-11(1400 Silvermere Road,Greenport,NY):0.87 acres,21-room
motel with office,managers quarters,luncheonette,lobby with fireplace;152 feet
of bayfront beach;Zoned RR-Resort Residential,Use-Motel 09
1000-047-02-12(1300 Silvermere Road,Greenport,NY): 0.50 acres,1 bayfront
' 10
home,1 cabin;79 feet of Bayfront beach;Zoned RR-Resort Residential,Use-SFR
• 1000-047-02-13(1220 Silvermere Road,Greenport,NY):0.50 acre,2 bayfront
' homes,75 feet of bayfront beach;Zoned RR-Resort Residential,Use-Motel
• 1000-047-02-14(1100 Silvermere Road,Greenport,NY):1.62 acres,8 cottages, s 13 12 11
103 feet of bayfront beach;Zoned RR-Resort Residential,Use—Motel
1000-047-02-15(1135 Silvermere Road,Greenport,NY):2.5 acres lot,1-2 story
"boat house"meeting/clubhouse with 1-rentable loft and parking;in-ground pool,
184 feet of bayfront beach;Zoned RR-Resort Residential,Use—SFR&Commcerial
• 1000-133-02-08:Riparian rights,15 acres underwater bay property sitting directly
along 1,100 linear feet of beach in front of the Motel Properties.Currently an
active oyster farm.
EXHIBIT C
Original diner and outdoor dining, circa 1950s & 1960s
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Clam Bakes & Cookouts, circa 1960s and 1970s
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Clam Bakes & Cookouts, circa 1960s and 1970s
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February 2020
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TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
'aw SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 48133 Date: 7/29/2022
Permission is hereby granted to:
Silver Sands Motel Inc
BOX 304
Green ort NY 11944
To: install window replacements to existing motel building as applied for.
12/21/22 Amended to include electrical service and electric for motel.
At premises located at:
1400 Silvermere Rd., Greenport
SCTM
473889
Sec/Block/Lot#47.-2-11
Pursuant to application dated —6,/,10/2022,,,,- and approved by the Building Inspector.
To expire on 1/28/2024
Fees:
NEW COMMERCIAL, ALTERATION OR ADDITIONS $250.00
CERTIFICATE OF OCCUPANCY $50.00
ELECTRIC $1,382.40
.............
Tiftil
tal: $1,682.40
Buector
EXHIBIT E
From: Richard Vandenburgh rich@greenportbrew.com
Subject: Re:Silver Sands Motel
Date: July 29,2022 at 10:14AM
To: Nunemaker,Amanda Amanda.Nunemaker@town.southold.ny.us
Thanks so much Amanda. I would love to pick up the window permit
(and demo permit?) on Monday if possible. As for the other permit with
the items you listed - I will get going on those requested items
immediately and get back to you with the updates as soon as possible.
Thank you again for your guidance on this.
On Fri,Jul 29,2022 at 10:05 AM Nunemaker,Amanda <, n N, ca,mrro_ er(i)t wri.southet d,,,n usus>wrote:
Hi Richard,
i
I
I have reviewed the applications and plans for the motel. At this time,I can issue the permit for the new window replacements in which I
can write today,however,the rest of the interior work will require many more items and details on the plans before we can submit a permit.
Please see the following:
1. Please combine all interior work of motel onto one plan(currently have two plans for interior alts)
2. Add note that all new interior finishes will comply with the 2020 NYS Building Code
3. Clarify ALL structural changes clearly(I only see detail for vaulted ceiling in lobby--I need all other changes to be easily depicted
with cross section views)
4. What is proposed and what is existing in the cross section drawing on sheet A-300?Please indentify
5. 1 hour fire separation required between each unit--provide UL design with detailed drawing to display design
6. Which windows and doors are being resized?Provide structural detail
7. What alteration level is this as per the 2020 Existing Building Code?Alt 2 or 3?Depending on the alteration level,fire alarm and
sprinkler system may be required. Will there be all new insulation(need ComCheck based off 2018IECC),all new electric,
plumbing(provide riser diagram)?
8. Provide occupancy class and occupant load of entire motel building and lobby/diner
9. Remove all ADA references and insert ICC/ANSI A117.1-2009—bathrooms in lobby and accessible rooms are not complying to
ICC/ANSI requirements,please revise(provide clearances for roll in shower,sink&toilet),show door threshold&all door
maneuver clearances per 404.2.3.2 of ICC ANSI for these units
10. Lobby doors need to swing out since this is an"A"occupancy
11. What exactly is being prepared/cooked in diner room? There is no fire suppression in this room(may also require Health Services
as well).
i
Let me know if you have any questions. You may forward me plan revisions via email prior to printing out originals.
Amanda Nunemaker
Building Permits Examiner
Southold Town Hall Building Department
631-765-1$02
Thanks for Thinking and Drinking Locally Made and Well Crafted New York Beer!
Rich e r Founder
Greenport Harbor Brewing Company,LLC
42155 Main Road,Peconic,NY 11958
611-477-1100(Rrawarv)
EXHIBIT F
From: Alexander Perros alexanderperros@startmail.com
Subject: Re:Silver Sands-Lot 11 -Motel Building
Date: April 24,2023 at 9:39 PM
To: Nunemaker,Amanda Amanda.Nunemaker@town.southold.ny.us
Cc: Richard Vandenburg rich@greenportbrew.com
Hi Amanda,
I know I sent a single email earlier with the update on the few things we dropped off today,but I want to continue each thread per lot so we
can keep things straight.
Just confirming that you should have these drawings in-hand,which I believe is the last open item for this permit amendment.
Can you please confirm and let me know if you need anything else from me.
Thanks,
Alex
On Apr 21,2023,at 8:07 AM,Nunemaker,Amanda <Amanda.Nunemaker@town.southold.ny.us> wrote:
OK
From: Alexander Perros <alexander rro rtm il. m
Sent: Thursday, April 20, 2023 9:35 PM
To: Nunemaker, Amanda<A n „N n maker town. th l .ny.us>
Subject: Re: Silver Sands - Lot 11 - Motel Building
Hi Amanda,
Brett is back in town - we met today and he will prioritize getting this drawing updated and
returned to you ASAP. I assume it will be Monday at this point, but this is the top of his
priority.
Alex
On Apr 19, 2023, at 8:06 AM, Nunemaker, Amanda
< >wrote:
Ok, yes I do see that, my apologies. Just revise any page that calls out "diner
storage"to just "storage" and submit 4 copies of each revised page so I can
remove and replace into plans.
From: Alexander Perros <alexander rr tartm il. om>
Sent: Tuesday, April 18, 2023 4:39 PM
To: Nunemaker, Amanda<Am nda.Nun mak rtor1. thod. y.us>
Cc: Richard Vandenburg <rich@greenportbrew.com>
Subject: Re: Silver Sands - Lot 11 - Motel Building
Amanda,
Can you please clarify your request around the ICC /ANSI clearances
because we did in fact include them on Page 3 of the plans we submitted
dated February 24. See attached below.
We will update the naming of Room 14 and the Diner.
From: Alexander Perros alexanderperros@startmail.com r
Subject: Silver Sands-Lot 11 -Motel Building ,
Crate: April 17,2023 at 9:47AM
To: Nunemaker,Amanda amanda.nunemaker@town.southold.ny.us
Cc. Richard Vandenburg rich@greenportbrew.com
Hi Amanda"
I am trying to keep separate threads for all of the different lots. 40 w,,,),Ipt jug. rna t'K/ x r lk�4i.Aard re�ga�/,ia,�the latest
drawings wardropped oft tray°taxa„a„"ot.,specificaliy converting Room 14 to storage and combining 0,Mtn tsw,other"storage"unit, 4A” 'J,was
Previously the diner,
As you know,we are going forward with our SCDHS applications for the property and should have approval on the motel diner any day now-we
have been in very close touch with SCDHS on these matters.After that approval,Mike V said we would go forward with permitting the Diner
after that point.
Hrw r aver"tt roams"storage"was so we would anal get is""art tip in our CO,which we wih be going t,,r ti�at,a
Please advise ASAP so we can clear anything up.
Much appreciated,
Alex
From: Alexander Perros alex@silversandsmotel.com 8
Subject: Silver Sands Motel&Cottages
Date: February 7,2023 at 1:10 PM '"'
To: Nunemaker,Amanda Amanda.Nunemaker@town.southold.ny.us, Verity,Mike Mike.Verity@town.southold.ny.us, Jarski,John
johnj@southoldtownny.gov, fredv@southoldtownny.gov
Cc: Richard Vandenburg rich@greenportbrew.com, Mike A.Kimack mkimack2@verizon.net
Bcc: Alexander Perros alexanderperros@startmail.com
Hi John,
It was good to see you and Fred today-thanks for coming by and checking things out.
Below is some of the additional information you requested.I am happy to come in anytime to help fill more gaps or go over anything if it is
helpful
SNACK BAR
Please see attached photos of the snack bar dating back to when the motel first opened in the 1950s/1960s,as well as showing it up
until 2022 with the same layout.There is also a pre-exisitng grease trap that establishes its presence as a food service facility as an
accessory to the existing motel.
Fred mentioned something about the 13R sprinkler not being appropriate for this area,but that he would check the code.He seemed
to be under the impression that we were changing the use of the space and converting a storage unit into a snack bar,which we have
not of course.I explained that the BD asked us to temporarily change the.name of this room to"storage"while we were going
through our SCDHS application.
I met with the fire sprinkler vendor today-he said the 13R would be fine for the space in terms of the code,but please let me know
what Fred finds out so we can make any adjustments ASAP.
PROPERTY CARDS
John mentioned that there were some challenges about assessing the history of the buildings on the various properties,so I am
reattaching the property cards here for you
I also mentioned to John that the white cottages on lot 1000-047-02-14(1100 Silvermere Road)date back to 1930.Attached below
is a photograph showing an image of Cottage 103(I believe)from the Cutchogue New Suffolk Library about the Silvermere Beach
Houses,which is what these 8 cottages were called back then.
One thing Jonn and I reviewed was the possibility of pushing through the BOATHOUSE APPLICATION (1000-047-02-15/
1135 SILVERMERE//BUILDING 35 BOATHOUSE) since it is just doors and windows and most of them are in the existing locations.It
would be an enormous help on our end since we are trying to get the siding done across the property so things can look cohesive/finished
once we have guests on the property this summer.If we have to side around the existing windows and doors we will,but it would be a shame
to have to redo all that work later once the permit for the windows and doors came through. If this is not possible,I totally understand-I am
just brining it up because we discussed with John earlier today.
Please do let me know if you have any additional questions.
Many thanks in advance,
Alex
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EXHIBIT G
S
TOWN OF
OUTHOLD BUILDING DEPT.
631.765-1602
INSPECTION
[ ] FOUNDATION 1ST j ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] ULATION/CAULKING
[ ] FRAMING /STRAPPING j FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL
k M"PAA
op)
7p-SL
r
DATE44k-!7
INSPECTORq)q
EXHIBIT H
��'p"i9' 'wMrM1iV'YM
Glenn Goldsmith,President " , ' Town Hall Annex
A.Nicholas Krupski,Vice President 54375 Route 25
Eric Sepenoski P.O.Box 1179
Liz Gillooly Southold,NY 11971
Elizabeth Peeples , Telephone(631)765-1992
Fax(631)765-6641
Southold Town Board of Trustees
Field Inspection Report
� �. fie.� „✓r.
Date/Time: -90-Q3 Completed infield by: ° 6114, � C- ;"?rte
Board to perforin a Final Inspection for SILVER SANDS HOLDINGS 1, LLC for Wetland
Permit#10333, Located: 1400 Silver Sands Motel, Silvermere Road, Greenport.
SCTM# 1000-47-2-11
Type,of area to be impacted:
Saltwater Wetland Freshwater Wetland Sound Bay
Part of Town Code proposed work falls under: Chapt. 275_Chapt. 111 _other
Type of Application: --*�Wetland Coastal Erosion Amendment
Administrative Emergency Pre-Submission Violation
Notice of Hearing card posted on property: Yes No Applicable
Info needed/ loo fications/Conditions/Etc.:
err
aii' r F
Present Were: G. Goldsmith N, Krupski E Sepenoski
L. Gillooly ✓E_ Peeples
........
W
BOARD OF SOUTHOLD TOWN TRUSTEES b
SOUTHOLD,NEW YORK
1 �
PERMIT NO. 10333 DATE: MARCH 15,2023
ISSUED TO: SILVER SANDS HOLDINGS I LLC
PROPERTY ADDRESS: 1102 SILVER AN TEL SILVERM RE R AD OREENP RT
SCTMff 1000-47-2-11
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 20 and in
consideration of application fee in the sum of�O.Qfl paid by I LLC and subject to the
Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits
the following:
Wetland Permit for the as-built 4,914sq.ft.motel;concrete walkway/deck;replace existing wood deck
with new wood deck approximately 1,092sgdta;construct westerly wood walkway over concrete walkway
(257sq.fL);construct easterly wood walkway over concrete walkway(425sq.ft.);jurisdiction arealground
disturbance total area:f9.900sq.ft.;for the buffer,place approximately 37 linear feet of sand walk path
(f465sq.ft.)set back 35'at closest point to MHW line;existing sand seaward of existing wood deck to
remain as non-turf buff ,p approximately lace a roximatel 41 if of coir logs along landward edge of sand area as
er,
added erosion control;existing plantings seaward of existing wood deck to be left undisturbed;install
four(4)ft.fence with gates between each private bedroom garden(105 If+/-);install 6*high fence panels
around four(4)HVAC units Two(2)at 12'each-24 if total+/)on concrete pads(9sq.ft.each x 4=36
sq.ft.total); for the stormwater management system,Install four(4)1010'drywells for the westerly roof
of the motel;One(1)10'x4'drywell and approximately 80 linear ft.drain lines to be located within
Trustee jurisdiction(all four drywells to be located on Lot 12 property);four(4)existing 10'x4'drywells
servicing the Motel inner courtyard roof area with one(1)drywell and approximately 1.00 linear feet of
existing drain lines within Trustee,jurisdiction;and proposed(3)811x4'drywells to serve the easterly roof
area of the motel not within Trustee jurisdiction;with the condition that all the sand and beach gross
thatis adjacent to proposed deck remain,and if disturbed needs to,be,replaced in-place and in-kind;
and as depicted on the revised site plan prepared by Edmund D. Hollarider,Landscape Architect Design,
received on April 7,2023;and stamped approved on April 18, 2023.
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and
these presents to be subscribed by a majority of the said Board as of the day and year first above written.
i
ft _._
Glenn Goldsmith,President qf si; Town Hall Annex
A.Nicholas Krupski,Vice President '
�„ � 64375 Route 25
P.O.Box 1179
Eric Sepenoski dlt Southold,New York 11971
Liz Gillooly cry Telephone(631) 766-1892
Elizabeth Peeples Fax(631)766-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 18, 2023
Michael A. Kimack
P.O. Box 1047
Southold, NY 11971
RE: SILVER SANDS HOLDINGS I, LLC
1400 SILVER SANDS MOTEL, SILVERMERE ROAD, GREENPORT
SCTM#1000-47-2-11
Dear Mr. Kimack:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, March 15, 2023 regarding the above matter:
WHEREAS, Michael Kimack on behalf of SILVER SANDS HOLDINGS I, LLC applied to the
Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town
Code, the Wetland Ordinance of the Town of Southold, application dated January 23, 2023,
and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
and to the Local Waterfront Revitalization Program Coordinator for their findings and
recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be found
Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy of the Local Waterfront Revitalization
Program to the greatest extent possible through the imposition of the following Best
Management Practice requirements: issuing a permit for the structures; and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
March 15, 2023, at which time all interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold
Town Code,
i
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
--NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management Practice
requirement imposed above, the Board of Trustees deems the action to be Consistent with the
Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code,
and,
RESOLVED, that the Board of Trustees approve the application of SILVER SANDS HOLDINGS
I, LLC for as-built 4,914sq.ft. motel; concrete walkway/deck; replace existing wood deck with
new wood deck approximately 1,092sq.ft.; construct westerly wood walkway over concrete
walkway (257sq.ft.); construct easterly wood walkway over concrete walkway (425sq.ft.);
jurisdiction area/ground disturbance total area: +9.900sq,ft.,for the buffer, place approximately
37 linear feet of sand walk path (t465sq.ft.) set back 35'at closest point to MHW line; existing'
sand seaward of existing wood deck to remain as non turf buffer, place approximately 41 if of
coir logs along landward edge of sand area as added erosion control; existing plantings
seaward of existing wood deck to be left undisturbed; install four(4)ft. fiance with gates between
each private bedroom garden (105 If+/-); install 6'high fence panels around four(4) HVAC
units Two(2) at 12" each =24 If total +/-)on concrete pads(9sq.ft. each x 4=36 sq.ft. total); for
the stormwater management system, install four(4) 10'x4"drywells for the westerly roof of the
motel; One (1) 10'x4'drywell and approximately 80 linear ft. drain lines to be located within
Trustee jurisdiction (all four drywells to be located on Lot 12 property);four(4)existing 10'x4
drywells servicing the Motel inner courtyard roof area with one (1) drywell and approximately
100 linear feet of existing drain lines within Trustee jurisdiction; and proposed (3) 8`x4"drywells
to serve the easterly roof area of the motel not within Trustee jurisdiction; with the condition that
all the sand and beach grass that is adjacent to proposed deck remain, and if disturbed needs
to be, replaced in-place and in-kind; and as depicted on the revised site plan prepared by
Edmund D. Hollander, Landscape Architect Design, received on April 7, 2023; and stamped
approved on April 18, 2023.
Permit to construct and complete project will expire two years from the date the permit is signed.
Fees must be paid, if applicable, and permit issued within six months of the date of this
notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $50.00
Very truly yours,
Gle Goldsmit
President, Board of Trustees
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EXHIBIT I
-mx TOWN OF SOUTHOLD
� q BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
Ilk
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPE I ICATIONS,
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 49546 Date: 8/4/2023
Permission is hereby granted to:
Silver Sands Hld s I LLC
c/o Alexander Perros --
19215 Sou ndview Ave
Southold NY 11971
To: construct alterations (diner and bar areas for motel guests only) to existing motel
building as applied for per SCHD approvals.
At premises located at:
1400 Silvermere Rd Greenport
SCTM #473889
Sec/Block/Lot#47.-2-11
Pursuant to application dated 6/9/2023 and approved by the Building Inspector.
To expire on 2/2/2025.
Fees:
�NNEW COMMERCIAL, ALTERATION OR ADDITIONS $546.40
CO-COMMERCIAL $50.00
Total: $596.40
4
Building Inspector
TOWN OF SOUTHOLD-BUILDING DEPARTMENT 53
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
" Telephone (631)765-1802 Fax (631)765-9502 ht1ps-//www.sou1h- w
Date Received
APPLICATION FOR BUILDING PERMIT I!I!
For office Use Only !
5
PERMIT NO, Building Inspector: JUN — 9 2023
Applications.and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an
tlw mere Authorizatlon form(Page 2)shall be completed.
p
Date:JUNE 8, 2023
OWNER(S)OF PROPEM:
Name:SILVER SANDS HOLDINGS I, LLC ScTM#1000-47-2-11
Project Address:1400 SILVERMERE ROAD, GREENPORT, NY 11944
Phone#:917-318-0027 Email:ALEX@SILVERSANDSMOTEL.COM
Mailing Address:1400 SILVERMERE ROAD, GREENPORT, NY 11944
CONTACT PERSON:
Name:ALEXANDER PERROS
Mailing Address:19215 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971
Phone#:917-318-0027 Email:ALEX@SILVERSANDSMOTEL.COM
DESIGN PROFESSIONAL INFORMATION:
Name:JOHN CONDON, PE. - CONDON ENGINEERING
Mailing Address:1755 SIGSBEE ROAD, MATTITUCK, NY 11952
Phone#:63l-298-1896 Email:condoneng @optonline.net
CONTRACTOR INFORMATION:
Name.Ghenal Tzun Construction LLC
MailingAddress:950 Silvermere Road, Greenport, NY 11944
Phone#:(631) 599-2620 Email:WaItertzun@hotmail.com
`DESCRIPTICIN OF PROPOSED CONSTRUCTION
❑-N,ew Structure ❑Addition BAlteration ❑Repair ❑Demolition Estimated cost of Project:
F.�,q'Othe IRStaII ICItCIIeR e'4,'Lkipmenl.IR Oid diner and add bar t0 i0i� INCLUDED IN PREVIOUSLY SUPPLIED BUDGETS
Will the lot be re-graded? ❑Yes®No Will excess fill be removed from premises? LJYes WNo
1
PROPERTY INFORMATION
Existing use of property:MOTEL Intended use of property:MOTEL
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
RR this property? ❑Yes WNo IF YES,PROVIDE A COPY.
19,,C beck Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Ow
236 of the Town Code.APPLICATION 15 HEREBY MADE to the Building Department for the Issuance of a Building Permit pursuant to the Building Zane
Ordln oftho Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings,
aIdditions,alterations or for,removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,
hoaslnw code,and regulaticins and to admit authorized Inspectors on premises and In building(s)for necessary inspections.False statements made herein are
punishable(as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(print name):Alexander Perros ❑Authorized Agent ROwner
Signature of Applicant: Date: June 8, 2023
STATE OF NEW YORK) CONNIE D.BUNCH
SS: Notary Public,State of New York
COUNTY OF SUFFOLK No.01BU6185050
Qualified in Suffolk County
Ill
being dui s' g6&1LEd s`s t i t is the applicant
(Name of individual signing contract)above named,
(S)he is the OWN E R
(Contractor,Agent,Corporate Officer,etc.)
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this
application;that all statements contained in this application are true to the best of his/her knowledge and belief;and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
day of 4,( _ ,20 c�
Notary Public
PROPERTY OWNER AUTHORIZATION
(Where the applicant is not the owner)
I
e, r siding at
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name
2
Suffolk County Department of Health Services
Bureau of Public Health Protection `
Plan Review Unit
360 Yaphank Ave,Suite 2A ,
Yaphank,NY 11980
CERTIFICATE OF APPROVAL
CONSTRUCTION OR ALTERATION OF FOOD SERVICE ESTABLISHMENT
Approval is issued under the provisions of Article 13, Section 1304 of the Suffolk County Sanitary Code
Establishment Name Establishment Address
Silver Sands Motel 1400 Siivermere Road
Greenport, NY 11944
The Following Clnditians Apply
This approval is for the Motel Diner Motel Lobby Bar,Oyster Bar Kiosk Boathouse je
.rvigS Kltchen 8ld .
33 Guest Services location and the addition of two exterior walk-in reffi erators onl
• This approval does not constitute approval by any other state or local agency
• This certificate is not a permit to operate a food service establishment.The operator must call the Department at 631-852-5999 to arrange
an inspection of the completed construction priorto operation
• The proposed construction is in conformity with the plans and specifications approved by the Department
• Approval is based upon the application,plans and menu provided.Any changes require written approval from the Department of Health
Services
• This approval is valid for 2 years.Extensions may be granted upon written request to the Department prior to the expiration date
• The applicant shall comply with the following amendments to the plans and specifications:
All locations:
1. Final a122royal from the Suffolk Counly lie ar m nt of Health Services'office of wastewater
MynggSmgnt is required before a r - eration i ion can e n cted.
2. Pro eirly glumbed and air-gapped indirect drains orovided,,as necessa
3. Ade uate Wash euards orovided at hand wash sinks as necessary..
4. All Restroom doors must be s if-closin
5. Surfaces of all fioors walls and ceilings must be finished to be nonabsorbent smooth and easil
cleanable
ster Bar kiosk:
6. Provide an adeauate barrier between waste lines and anv food or wa e-washing related a ui ment
and ffagtergorage tanks at the CI ~titer bar Kiosk
7. Shucked o stern at the ster bar re uire mechanical r fri eration or the use of time as a public
health control.
8. Awning covering the Qystg Bar must be Ovate roof.
Suffolk County Department of Health Services
Bureau of Public Health Protection
Plan Review Unit
360 Yaphank Ave,Suite 2A
Yaphank, NY 11980
Boathouse Service Kitchen:
9. Boathouse Bar to be used as a service area onlv. with no patron access pe mitted No Datron_toilet
room available,refrigeration and ice machines accessible to bar area
Lobby Bar
10.All Lobb v Bar glass are and utensils must be washed in the dishwasher
Diner:
11. Proof of,parasite destruction required for Flu e if served raw/partiall cooked)and Bass Crudo
(certain bass species)
12.Smoked bluefish must be commercial)v ourchased (Smoking of bluefish on ;lte[gouires a scheduled...
;rocess)
pulldinji 33 Guest Sgrvices
13. Building 33 to contain a publically accessible bathroom for Oyster Bar patrons
Issued for the Commissioner of Health
Su*a4uIL&FUA*n4W,0-
Designated Representative 6/8/2023
Suffolk County Department of Health Services
Bureau of Public Health Protection
Plan Review Unit
360 Yaphank Ave,Suite 2A
Yaphank, NY 11980
NOTICE OF PLAN REVIEW
CONSTRUCTION OR ALTERATION OF FOOD SERVICE ESTABLISHMENT
Establishment Name Establishment Address
Silver Sands Motel 1400 Silvermere Road
Greenport, NY 11944
The Department has reviewed an application for construction/alteration of the above referenced
establishment. It has been determined that the plans cannot be approved at this time. Please review the
items listed below and submit the requested information. Should you have any questions, please reach out
to the reviewer directly.
Additional nal rov lls Reguired
Suffolk County Dept.of Waste Water Management has jurisdiction for all new construction and building
additions with buildings discharging to septic or sewer systems,exterior walk-ins=building addition.
® SEWAGE SYSTEM REVIEW REQUIRED
- Please con act The Suffolk Q ntv Ge went of Health_SSrviceJ office of LyagtswateE MijoaReMent at
(631)852-5700, Approval from the C7 Ice of Wastewater Management 1§re ui ed before your food servlce glans
can be a roved.
® SEWAGE SYSTEM- FINAL APPROVAL IS REQUIRED
- Final gggroval from the Su:ffglk County Department of Health Services'office of WVast wat r management i
r i ed before a pre-operational inspection can be conducted.Contact the office of Waggwater Management
at 631852-57 ions.
--._R __ � i
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* � , r LOCATION MAP
h f i $ l,iem 0.3Awwd , ,w
•
GENERAL NOTES
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
ru.sale # w. APPROVAL OF CONSTRUCTED WORKS
" `a� # xrwuwufR3 DATE 7/19/2023 H S Ref No. C-23-0169
sP
CRAIGKNEPPER FE CHIEF
OFFICE OF VVASTEWATER MANAGEMENT
*Final Approval for Walk-In Freezers only*
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EXHIBIT J
From: Alexander Perros alexanderperros@startmail.com B
Subject: Silver Sands/Diner-SCDHS approval
Date: October 10,202'�at't 57 PM j
To: Connie Bunch Connie.Bunch@ town.southold.ny.us
Cc: Amanda Nunemaker amanda.nunemaker@town.southold.ny.us, John Jarski johnj@southoldtownny.gov, Fredric Visser III
fredv@southoldtownny.gov
Bcc: Alexander Perros alex@silversandsmotel.com
Hi Connie,
Please see attached approval for the Coiner from the Food Services division of SCDH .
We lrago,our final t�4cWcaB Wi, Cir,Ly %vu wvxm jos*waifi 2 O`a last meek.t believe that fine!electriW is
the^,,W;r,i:v°a V._ .,.'a Cur �k aperwc,Can you please conform?
Many thanks,
Alex
5002_AA_Commands(3).pdf
Food Establishment Inspection Report
Page 1 of 3
Suffolk County Department of Health Services
360 Yaphank Avenue Suite 2A
Yaphank,NY 11980 Date: 10/10/2023
631-852-5999 ''
www.suffolkcountyny.gov/health
Establishment Name Establishment Address City/State Zip Code TTelephone
SILVER SANDS DINER 1400 SILVERMERE RD GREENPORT,NY 11944
Permit ID# Permit Holder Purpose of Inspection Result of Inspection
FSP-23-0012225 DHG SILVERSANDS LLC Obs Premise/Facility Inspection Permit Issued
Owner Owner Address Permit Restrictions Capacity
DHG SILVERSANDS LLC 160 MERCER STREET,STE.2,NEW YORK NY 10012 seats
ME
Comply by Date
Degree of Violation:RISK FACTOR
10-REQUIRED RECORDS AVAILABLE-SHELLFISH TAGS, PARASITE DESTRUCTION 10/10/2023
Code Section(s)lLocal Law(s):
760-1318.4-Shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty. (a)The
identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days
from the date the container is emptied by:(1) Using an approved record-keeping system that keeps the tags or labels in chronological order
correlated to the date when,or dates during which,the shellstock are sold or served;and(2) If shellstock are removed from their tagged or
labeled container: (a) Preserving source identification by using a record keeping system as specified under Subsection 4.a.(1)above and(b)
Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container before being
ordered by the consumer.
Violation Description(s):
SHELLFISH TAGS FOR RAW OYSTERS STORED IN THE REACH IN REFRIGERATOR IN THE PREP ROOM OF THE BOATHOUSE
WERE_,NOT ATTACHED TO THE CONTAINER IN WHICH THE OYSTERS WERE STORED.
--CORRECTIVE ACTION:ATTACHED
Degree of Violation:RISK FACTOR
12-FOOD CONTACT SURFACES-CLEANED AND SANITIZED 10/10/2023
Code Section(s)/Local Law(s):
760-1346.3.a-Kitchenware and food contact surfaces of equipment,including food temperature measuring devices,exclusive of cooking
surfaces of equipment,used in the preparation or serving of food or drinks and all food storage utensils, shall be thoroughly cleaned and
sanitized after each use,and following any interruption of operations during which contamination of the food contact surfaces is likely to
have occurred.
Violation Description(s):
THE DEFLECTOR INSIDE THE SHAVED ICE MACHINE WAS NOTED WITH ACCUMULATED BLACK GRIME.
- CORRECTIVE ACTION:CLEAN IMMEDIATELY
Degree of Violation:GOOD RETAIL PRACTICE
41 -UTENSILS,EQUIPMENT AND LINENS 10/24/2023
Code Section(s)/Local Law(s):
760-1346.14.j.3-Utensils and equipment shall be stored above the floor in a clean,dry location.Suitable space and facilities shall be
provided for such storage so that food contact surfaces are protected from splash,dust,and other contamination. Food equipment and
utensils shall not be stored or located under waste or sewer lines or non-potable water lines.
Violation Description(s):
ICE SCOOPS WERE STORED ON TOP OF THE SHAVED ICE MACHINE AND ICE MACHINE SO THAT FOOD CONTACT
SURFACES WERE SUBJECTED TO CONTAMINATION.
Degree of Violation:GOOD RETAIL PRACTICE
47-TOILET FACILITIES-PROPERLY CONSTRUCTED,SUPPLIED AND MAINTAINED 10/24/2023
Code Section(s)/Local Law(s):
760-1353.1.c-Toilet rooms shall be completely enclosed and shall have tight fitting,self-closing doors.
..........................................---....................w_............_.....-w--w-w---_._._....----
Food Establishment Inspection Report
Page 2 of 3
Suffolk County Department of Health Services
360 Yaphank Avenue Suite 2A
Yaphank,NY 11980 � Date: 10/10/2023
631-852-5999
www.suffolkcountyny.gov/health
Establishment Name Establishment Address City/State Zip Code Telephone
SILVER SANDS DINER 1400 SILVERMERE RD GREENPORT,NY 11944
Permit ID# Permit Holder Purpose of Inspection Result of Inspection
FSP-23-0012225 DHG SILVERSANDS LLC Obs Premise/Facility Inspection Permit Issued
Owner Owner Address Permit Restrictions Capacity
DHG SILVERSANDS LLC 160 MERCER STREET,STE.2,NEW YORK NY 10012 seats
i ////%/% //////�
/
Comply by Date
Violation Description(s):
THE LOBBY BAR UNISEX TOILET ROOM DOOR WAS NOT SELF-CLOSING.
THE DINER UNISEX TOILET ROOM DOOR WAS NOT SELF-CLOSING.
Overall Inspection Comments:
RE:Permit Issuance
Ok to Issue Permit for the following areas of the establishment;The Diner,the Lobby Bar,the two exterior walk-in refrigerators and prep
area in the boathouse service kitchen.The bar area of the boathouse service kitchen and the seasonal oyster bar kiosk were not ready at
the time of inspection.According to operator these areas will be ready for Pre-Operation inspection within the next couple of weeks.
Operator instructed to schedule a Pre-Operational inspection upon completion of renovations to both the boathouse service kitchen bar
area and oyster bar kiosk.
Inspected By Michael Cromwell, San ID#963
Cooper Min/Max 963 used
Risk Factors cited in consecutive inspections may result in enforcement action, including a possible hearing and fine.
THE FOOD MANAGER'S COURSE IS AVAILABLE ONLINE IN ENGLISH, SPANISH AND CHINESE!
To register for the Food Manager's course, please visit https:Happs2.suffolkcountyny.gov/Health/FdOnline/default.aspx.Suffolk County FMC
App and SIRF self-inspection app for mobile devices are available for download from Google Play and the Apple Store.
All food service establishment operators are required to post the following advisory on all menus(including website menus)and menu
boards located inside or outside of the establishment:"Before placing your order, please inform your server if a person in your party has a
food allergy".College, public and private school food operations are exempt.
Effective Jan. 1, 2020 all drinking straws and stirrers must be provided in food establishments by consumer request only, and must be made
of biodegradeable(non-plastic)material. Plastic drinking straws and stirrers may continue to be provided by request to consumers with a
disability or medical condition.Effective July 1, 2021 the use of latex products is prohibited in all food establishments. Further information at
https:HsuffoIkcountyny.gov/Departments/Health-Services/Public-Health-Protection/Plastics-and-Latex-Laws
Suffolk County Local Law 29-2009 amended Chapter 437(now Chapter 754)of the Suffolk County Code to prohibit"heating or ignition of an
e-cigarette which creates a vapor"in all public places. The use of"E-CIGARETTES" IN ALL ESTABLISHMENTS WITH A SUFFOLK
COUNTY FOOD PERMIT IS PROHIBITED, SUBJECT TO ALL PROVISIONS OF THE NY STATE CLEAN INDOOR AIR ACT AND
SUFFOLK COUNTY LOCAL LAW.
EMPLOYEE SICK POLICY WAS DISCUSSED DURING THE INSPECTION:
Person in charge was reminded that all sick employees MUST be excluded from food service. No sick employee is permitted to return to
work until they have been symptom-free for at least 24 hours;certain illnesses require that employees are tested prior to returning to work,
even if symptom-free,or require further Department approval.Contact the Bureau of Public Health Protection for details.A log must be kept
on-site documenting the exclusion of ill employees.
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Food Establishment Inspection Report
Page 3 of 3
Suffolk County Department of Health Services
360 Yaphank Avenue Suite 2A
Yaphank,NY 11980 Date: 10/10/2023
631-852-5999
www.suffolkcountyny.gov/health
Establishment Name Establishment Address City/State Zip Code Telephone
SILVER SANDS DINER 1400 SILVERMERE RD GREENPORT,NY 11944
Permit ID# Permit Holder Purpose of Inspection Result of Inspection
FSP-23-0012225 DHG SILVERSANDS LLC Obs Premise/Facility Inspection Permit Issued
Owner Owner Address Permit Restrictions Capacity
DHG SILVERSANDS LLC 160 MERCER STREET,STE.2,NEW YORK NY 10012 seats
„ �,,,,,,iii',�iii,..��„
0 4 .................---
Michael Cromwell PersonReceivingReport __.. _.....w.....__.._._.w_.w.
"The items noted above are violations of applicable laws,rules and regulations found during an inspection of the operation of the facilities in this
establishment which must be corrected as indicated.Failure to comply may result in the initiation of legal action against this establishment as provided for in
Articles 2 and 13 of the Suffolk County Sanitary Code including a hearing,possible suspension of your food operation,and/or the publication of the violation
and fines."
STEVEN UGLLONE GREGSON H.PIGOIT,MN,MPH
SUFFOLK COUNTY EKECUTNE COMMISSIONER
Lu,
SUFFOLLL COUNTY
DEPARTMENT OF HEALTH SERVICES
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631 -765-1802
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULATION/CAULKING
[ ] FRAMING / STRAPPING [ ] FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL
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Town I tall Annex 'Telephone(631) 765-1902
54375 Main Road
P.O.Box 1179 sean.devlln tOWn,sOut-h—O d—,n-y-.—uS
Southold,NY 11971-0959
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BUILDING DEPARTMENT
TOWN OF SOUTHOLD
CERTIFICATE OF ELECTRICAL COMPLIANCE
SITE LOCATION
Issued To: Silver Sands Holdings I LLC
Address: 1400 Silvermere Rd city Greenport st: NY zip: 11944
Building Permit A►: 49546 Section 47 Block: 2 Lot: 11
WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE
Contractor: Electrician: Wilcenski Electric License No:
SITE DETAILS
Office Use Only
Residential Indoor X Basement Service X
Commerical X Outdoor X 1st Floor X Pool
New X Renovation 2nd Floor Hot Tub
Addition Survey Attic Garage
INVENTORY
Service 1 ph Heat Duplec Recpt 13 Ceiling Fixtures 8 Bath Exhaust Fan 1
Service 3 ph X Hot WaterQ
GFCI Recpt 9 Wall Fixtures 4 Smoke Detectors
Main Panel 225A A/C Condenser Single Recpt Recessed Fixtures 13 CO2 Detectors 2
Sub Panel 100X2 AIC Blower Range Recpt Gas Ceiling Fan Combo Smoke/CO
Transfer Switch UC Lights Dryer Recpt Emergency Strobe 1 Heat Detectors 1
Disconnect Switches 4'LED Exit Fixtures 2 Sump Pump
Other Equipment: Heat Lam s 2 , COokto , Hood, Oven, Fridge, Mini Prid e 2), DW 2 , 225A Panel
42 Circuit/40 Used, 100A Sub 24 Circuit/23 Used, 100A Sub 24 Circuit 122 Used
Notes: Diner
p 9 I Z:��Inspector Signature: 21 :�2 Date: October 13, 2023
S.Devlin-Cert Electrical Compliance Form
EXHIBIT K
From: Bunch,Connie Connie.Bunch@town.southold.ny.us
Subject: CO for Diner
Date: November 20,2023 at 9:06AM
To: Alexander Perros alexanderperros@startmaii.com
Good Morning,
The CO for the diner at Silver Sands is ready if you'd like to pick that up,
Connie Bunch
Principal Office Assistant
Southold Town Building Dept.
coniiiek @§ouLholdtownny.gov
631-765-1802
P.O.Box 1179
Southold, New York 11971
a110t °« Town of Southold 11/16/2023
P.O.Box 1179
' 53095 Main Rd
Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 44731 Date: 11/16/2023
THIS CERTIFIES that the building ALTERATION
Location of Property: 1400 Silvetmere Rd,Greenport Greenport
SCTM#: 473889 Sec/Block/Lot: 47.-2-11
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
6/9/2023 pursuant to which Building Permit No. 49546 dated 8/4/2023
was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
plteratiott
The certificate is issued to Silver Sands Hldgs I LLC
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-23-0169 7/19/2023
ELECTRICAL CERTIFICATE NO. 49546 10/13/2023
PLUMBERS CERTIFICATION DATED (2023 e ms Plumb
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Town I lall Annex Telephone(631)765-1 H02
54375 Main Road
P.O. Box 1179 sean.devlln Lo southoId.n .Us
Southold,NY 11971-0959 "
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BUILDING DEPARTMENT
TOWN OF SOUTHOLD
CERTIFICATE OF ELECTRICAL COMPLIANCE
SITE LOCATION
Issued To: Silver Sands Holdings I LLC
Address: 1400 Silvermere Rd city Greenport st: NY zip: 11944
Building Permit#: 49546 Section 47 Block: 2 Lot: 11
WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE
Contractor Electrician: Wilcenski Electric License No:
SITE DETAILS
Office Use only
Residential Indoor X Basement Service X
Commerical X Outdoor X 1st Floor X Pool
New X Renovation 2nd Floor Hot Tub
Addition Survey Attic Garage
INVENTORY
Service 1 ph Heat Duplec Recpt 13' Ceiling Fixtures 8 Bath Exhaust Fan 1
Service 3 ph X Hot Water GFCI Recpt 9 Wall Fixtures 4 Smoke Detectors
Main Panel 225A A1C Condenser 1 Single Recpt Recessed Fixtures 13 CO2 Detectors 2
Sub Panel 100X2 A/C Blower 1 Range Recpt Gas Ceiling Fan Combo Smoke/CO
Transfer Switch UC Lights 14" Dryer Recpt Emergency Strobe 1 Heat Detectors 1
Disconnect Switches 12 W LED Exit Fixtures 2 Sump Pump
Other Equipment-. Heat Lam S(2), Cookto , Hood, Oven, Fridge, Mini Frid e 2 , DW 2 , 225A Panel
42 Circuit/40 Used, 100A Sub 24 Circuit l 23 Used, 100A Sub 24 Circuit/22 Used
Notes: Diner
Inspector Signature: w Date: October 13, 2023
S.Devlin-Cert Electrical Compliance Form
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