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HomeMy WebLinkAbout1000-40.-1-1 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: James H. Rich III, Planning Board Chairman Members of the Planning Board Date: November 6, 2024 Re: Request for Comments: North Road Hotel LLC, aka Hotel Moraine SCTM#1000-40.-1-1 ZBA File Number#7927SE & 7953 The Planning Board thanks you for the opportunity to provide comments regarding the applications referenced above. North Road Hotel LLC: Request for a Special Exception (#7927SE) pursuant to Article XV, Section 280-35B(4), the applicant is requesting permission to expand an existing 21-unit hotel to a 35-unit hotel, by constructing a 4,588 sq. ft. building (aka Building #5) with ten hotel rooms, and a 2,040 sq. ft. addition to an existing building (aka Building #4) with four hotel rooms where there exists five buildings totaling ±13,854 sq. ft. and accessory improvements on a 3.251-acre parcel (where 5 acres is required; #7953) in the Resort Residential (RR) Zoning District, Greenport. The Planning Board, by a vote of 3-2, does not support the variance re guested for the ro`ect at this location. Ayes: Members Rich III (Chairman), Jealous-Dank, Rafferty, Nays: Members Wilcenski, Sidor. 1. The hotel use on this parcel has been in existence under Sunset Motel since approximately 1960. The subsequent and current owner of the parcel, the applicant, has comprehensively rehabilitated all buildings on site, abandoned a pre-existing septic system, established connection to the Greenport Village sewer district and established service connection to Suffolk County Water Authority. The applicant has clearly invested meaningful resources in upgrading and enhancing this existing Resort Residential site. The subject parcel is bordered by a 7.05-acre Resort Residential zoned parcel to the west, currently Cliffside Condominiums, and a 0.96-acre R-80 zoned parcel to the east where there exists a single-family dwelling. This property line to the neighboring R-80 parcel is at the minimum 15' side yard setback from proposed 10-unit Building #5. The applicant has offered thick evergreen screening and/or a stockade fence along this property line to provide a buffer to the residential use and zoning district. 2. Southold Town Hotel Moratorium: The subject parcel and site plan application were excluded from this Town Board moratorium because it is an existing hotel. 3. Area variance 795 : the proposed action includes a 35% requested relief from 280-35B(4)(a) Special Exception (a) Minimum parcel size shall be five acres*. *Subject parcel is 3.251 ac, which is —35% relief The majority of the Planning Board felt that not meeting the minimum 5-acre requirement was insufficient and that this level of relief from the Code would be precedent setting Town wide for subsequent applications. 4. Local Waterfront Revitalization Plan LWRP : a. The Action was determined inconsistent with Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1: Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested.- b. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. i. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development that is not water-dependent as far away from coastal hazard areas as practical. Page 2 of 6 ii. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas LWRP comment: The hotel use is not water-dependent. The new construction of Building #5, a 4,588 sq. ft. building, is proposed seaward of 80% of the existing buildings, is closer to the Coastal Erosion Hazard Area (CEHA), and is shown on the plan as very close to the 100' setback line from top of bluff. The CEHA demarks a bluff on the parcel where development should be minimized, with structures set back from the bluffs. These and adjacent areas are susceptible to high winds and large erosion events capable of putting structures and life at risk during coastal storms, including hurricanes. 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. It should be noted that due to physical constraints of existing bluffs and shorelines, no parcels along the north shore of Southold Town are water dependent except for public beaches. The policy states that development should be located as far from the bluff as possible. This project proposes to add new development seaward of most of the existing development, and so is not consistent with that policy. 5. State Environmental Qualit Review SEQR : Unlisted Action. Negative Declaration issued by the Planning Board August 5, 2024. 6. Consistency with Site Plan regulations: a. The proposed site plan provides a compliant loading zone and meets the minimum parking required for 35 hotel rooms and three staff. Total of 38 vehicles (including 4 ADA, 2 EV). No work is proposed within the Suffolk County ROW and a highway work permit from the Suffolk County Department of Public Works (SCDPW) is not required. b. Emergency Services /Access i. Concerns were raised by the Fire Marshal and Greenport Fire District regarding access to the rear yard (North) area of the site in the vicinity of existing building #1 and proposed building #5. Further, the constructed layout of the site forces this access to be provided along Page 3 of 6 the west property line in the area of the sewer connection and pump station. In response, the applicant provided a revised plan (unofficial, offered by the applicant) showing emergency access along the west property line and a load bearing turn-around area for emergency vehicles in this rear yard area. Additionally, the applicant provided a cart path along the east side yard in the effort to provide cart /gurney access to the northern most buildings without the need of an emergency vehicle. Finally, the applicant has also explored the feasibility of constructing a second hydrant on the site if that would help alleviate any emergency protection concerns. 7. Resort Residential Zoning District: a. Pure: provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of the surrounding lands. b. The RR zoning district comprises 83 acres across the Town of Southold. The most being in Greenport with 38, Southold with 22, and Cutchogue with 15. Out of all 20 zoning districts, the RR zoning comprises 83 acres, making it the fifth smallest in land area (16th out of 20) across the town. .................................... ......... 15: RO@86 18: AHD @72 16: RR @ 83 _ww.....ww......... 19: M-1 @ 17 17: LIO @ 79......__...__.�.._.. 20: HP (HistoricM.M.Mp... mm.....�� Preservation) @ 0 c. No transition buffer or minimum landscape coverage is required in the RR zone, but these are being offered by the applicant. The site plan provides 85.4% landscape coverage with screening plantings and fencing along the east and west property lines. 8. Southold Town Comprehensive Plan: With mitigation, the project can be found consistent with the Southold Town Comprehensive Plan. Page 4 of 6 Economic Development: Tourism, retail/service based. Goal 1: Encourage new and facilitate the growth of existing business sectors that pursue stable and sustainable employment. This is an existing local business that has and will continue to invest in the local economy. Year round and seasonal employment is also offered by this existing business. Goal 2: promote economic development that ensures an adequate tax base without compromising the unique character of the Town. Objective 2.4: (a) expand and improve infrastructure as appropriate, to serve existing businesses and accommodate growth. (sidewalks, parking, drainage, sewer, etc.) (b) sharing of services with Greenport or the Town should explore ways to partner with the Village on possible sewer expansions that might allow for increased economic development opportunities specifically associated with the attraction and or expansion of key industries in nearby parts of town. The infrastructure of the site has been improved to further this objective through abandonment of an old sanitary system and establishing connection to the Village sewer system; connection to SCWA. 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. Natural Hazards: Goal 1: Mitigate the Effects of Natural Hazards to Achieve Coastal Resiliency, Protect Public Safety, and Reduce Economic Loss. Mitigation involves taking steps to ensure those hazards will not cause injury or death to people, and to reduce economic loss to structures and other property. Proposed building #5 is situated very close to the 100' setback line from top of bluff which would not be consistent with preventing construction of new buildings in environmentally sensitive areas due to sea level rise and erosion. Page 5 of 6 - 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). 9. Dissenting opinion: Planning Board members Wilcenski and Sidor did support the granting of the variance for the following reasons: a. They felt that the application is consistent with the Comprehensive Plan (see above), the purpose of the Resort Residential zone, and the rehabilitated pre-existing hotel/resort with connection to the Village sewer system and SCWA. 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 6 of 6 OFFICE LOCATION: MAILING ADDRESS: Town Hall Anne 54375 State Route 25 P.O. Box 1179 `w; Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) " Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov Cou 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 BoairdJt�c Date. August 1, 2024 Re: Request for Comments for Hotel Moraine aka North Road Hotel, LLC Located at 62005 County Route 48, Greenport SCTM#1000-40.-1-1 ZBA#7927SE & 7953 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 expected to issue a SEQRA determination and continue their public hearing for this application at their next Public Meeting. If you have any questions, please do not hesitate to contact the Planning Office. cc: Julie McGivney, Assistant Town Attorney BOARD MEMBERS ��OF SOUjyo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O !� 53095 Main Road • P.O. Box 1179 .� Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yC�f'J + Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD L T, 3 C �C Tel. (631) 765-1809 RECEIVED MEMO f aPr� o � 2oz4 TO: Planning Board L AP Southol-d Town FROM: Leslie K. Weisman, ZBA Chairperson Planning Board DATE: April 8, 2024 SUBJECT: Request for Comments ZBA#7927SE — North Road Hotel, LLC/Hotel Moraine 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: North Rd Hotel, LLC/Hotel Moraine Tax # Zone District: 1000-40.-1-1 ZBA#: 7927SE Hearin_q Date: August 1, 2024 Code Section: Art VII Sec 280-35 B(4) Date of Stamped Survey: last dated March 6, 2024 Preparer of Survey: Nathan Taft Corwin, III Land Surveyor Thank you. Encls. NORTH ROAD HOTEL LLC 62005 Route 48 Greenport,New York 11944 �� ` March 26, 2024 VIA HAND DELIVERY Zoning Board of Appeals Town of Southold c/o Kim Fuentes 54375 Route 25 Southold,New York 11971 RE: Special Exception—Hotel Moraine 62005 Route 48, Greenport,New York 11944(Tax Lot 1000-40-1-1) (the "Property") Dear Chairperson and Members of the Zoning Board of Appeals: Enclosed herewith for your consideration please find the following items, constituting the undersigned's application for a Special Exception pursuant to Article VII,Section 280,Subsection 35(B-4a) for the construction of(a) a new motel building (10 units) and (b) an addition to an existing motel building(4 additional units)at Hotel Moraine (formerly Sunset Motel). 1. Application to the Southold Town Zoning Board of Appeals for a Special Exception Permit 2. Project Narrative 3. Authorization 4. Applicant's Project Description 5. Short Environmental Assessment Form 6. Questionnaire for Filing with Your ZBA Application 7. Transactional Disclosure Form 8. Agricultural Data Statement—Not Applicable 9. LWRP Consistency Assessment Form 10. Current Deed for the Property 11. Certificates of Occupancy issued for the Property 12. Photographs—Existing Improvements and Property 13. Photographs—Staked new motel building 14. Photographs—Stake addition to West Building 15. Town Trustees Wetland Permit# 10383 and Administrative Amendment thereto 16. Town Zoning Board of Appeals Variance#4341 dated October 20, 1995 17. Town Zoning Board of Appeals Variance#7756 dated April 25, 2023 18. Current Survey prepared by Nathan Taft Corwin III a. Three(3)full size, original, stamped versions of said Survey; and b. Six(6) size l 1x17 copies of said Survey 19. Proposed Site and Building Plans prepared by studioPedrazzi Architects a. Three (3) full size, original, stamped versions of said Building Plans; and b. Six(6) size l lxl7 copies of said Building Plans A total of nine (9) sets of the foregoing (unless otherwise noted), collated into separate packets, with the original signed set and check made payable to"Town of Southold,"has been delivered to you via hand delivery. Very truly yours, Daniel I PerWssi,President FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 24, 2024 TO: North Rd Hotel LLC 43 Appleton PI Dobbs Ferry,NY 10522 Please take notice that your application dated December 14, 2023: For permit to: construct a new motel building, (10 units) and to build an addition to an existing motel building (4 additional units) at: Location of property: 62005 CR 48, Greenport,NY County Tax Map No. 1000—Section 40 Block 1 Lot 1 Is returned herewith and disapproved on the following grounds: Pursuant to Article VII Section 280-35 the proposed use requires site plan approval from the Southold Town Planning Board. The new construction will require an application to the Zoning Board for a Special Exception per Article VII 280-35 (B-4a). You may now apply to these agencies directly. CL'rau Or. A orized Signatu e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board W:21 WO FOR INTERNAL LISE ONI Y �' 7 SITE PLAN USE DETERMINATION L __ ourh-oidTOw ` Panning Boa'd �I Initial Determination Date Sent Date 0I Project Name _ r YL_ I� J---C�—• - -----/--�-�� Project Address: �0�.,�!�— -C-1`� ``+`C�� � N�� _f-�.`L -•--- -- l —Zoning District: K_ Suffolk County Tax Map No : 1000--�D __— Request: 0 �+ C I -I�- � . (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should �l be submitted ) Initial Determination as to whether use is permitted -_L r s - Initial De ermination as to whether site plan is require e Signature Building Insp or Planning Department (P.D ) Referral Date of Comment: ��___� P-D Date Received:�� Comments: Signa re of Planning De taff Reviewer _ Final Determination Date: Decision Signature of Building Inspector Application to the Southold Town Zoning Board of Appeals for a Special Exception Permit ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK Phone(631) 765-1809 APPLICATION FOR GENERAL SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW ,YOR—KI:- Applicant(s)/Owner(s): A f�Q I S CY7`4�� L LC Parcel Location: House No.4AksStreet can f Contact phone numbers: �.9 l�(�5$�— g� Email: �Q tt j�o,� xylQ SSI� Cp1.vf SCTM 1000 Section HQ Block—J—Lot(s)_�Lot Size4 Zone District hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE,SECTION _,SUBSECTION 'J 5- '6 T Please indicate Special Exception criteria/requirements are met,if any: ��tn rry EJ� �orti t for the following uses and purposes: o E, as shown on the attached survey/site plan drawn to scale. Name of Agent/Representative: _hk I&j�,�Ppth 99SL for Owner( )Other: Mailing Address: �J(7t-�- KT. (_S C')(�eeYl, C 4 Ji 7/ [tq -__ Telephone: — / Email: ti i'�/Je.�vr�SSi— ma 6.co"A A. Statement of Ownership(and Interest: (�� k" F!�-FPn � ( is(are)the owner(s)ofeproperty known and referred to as AQZ l S �r�J `�WOAO::7t`—T (House No.,Str er Hamlet) —y identified on the Suffolk County Tax Maps as District 1000,Sections Block �,Lot� and shown on the attached deed. The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordt' suet and would not be to en to property or persons in the neighborhood for the following reasons: 5&—A4 QtPJC J�S`R1r�q e C. The property which is subject of this application is zoned and[ is consistent with the use(s)described in the Certificate of Occupancy ttach copy),or [ ]is no consistent��with the C'ertif`ca�a oS Occup n ,being furnished herewith for the following reason(s): Sic/� Ul c�Ca'S'h tM Vl�![� / t(,dQ reSDr—�—vuC9 Please indicate(check)whether premises is vacant land:[ ] Zoning Board of Appeals-Page 2-Application—Special Exception-General General Standards please answer the following as it pertains to your proiect: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE: B. 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 BECAUSE: C. 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 BECAUSE: D. The use will be in harmony with and promote the general purposes and intent of Chapter 280-142 BECAUSE E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility,scale and overall appearance BECAUSE: F. All proposed structures,equipment,and material shall be readily accessible for fire and police protection BECAUSE: G. The proposal shall comply with the requirements of Chapter 236,Storm-water Management BECAUSE: By signing this document,the PROPERTY OWNER understands that pursuant to Section 280-141D[including 280- 141D(1),D(2),D(3)]of the Code of the Town of Southold,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 of Appeals 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,all on the grounds listed in Chapter 280-141D[including 280-1411)(1),D(2),D(3)1 of the Code of the Town of Southold. FURTHERMORE,IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE TOWN CODE REQUIRED TIME FRAME. SEE CHAPTER 280-141C. 1 Signature o A plicant or Authorized Agent w�c�i4m-�k (Agent must mit written Authorization from Owner) COUNTY OFV6FF9b14) ss.: STATE OF NEW YORK) Sworn to before me this oC(7 day of 20 N (Notary Public DANIEL SCHUYLER Notary Public,State of New Yofk Reg No.01SCS084025 Quslifed In Orange County Commission Expires August 25,202b Project Narrative NORTH ROAD HOTEL LLC 62005 Route 48 Greenport,New York 11944 danielpennessi`d,umail.com (914) 582-7861 March 26,2024 VIA HAND DELIVERY Zoning Board of Appeals Town of Southold c/o Kim Fuentes 54375 Route 25 Southold,New York 11971 RE: Special Exception Permit-Hotel Moraine 62005 Route 48, Greenport,New York 11944(Tax Lot 1000-40-1-1) (the "Property') Dear Chairperson and Members of the Town of Southold Zoning Board of Appeals: Please let this letter serve as a narrative of the project. Achieving the Purpose of the Resort Residential(RR)District As set forth in Section 280-34 of the Town of Southold Zoning Code(the "Zoning Code"), "[t]he purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands" (emphasis added). The expanded use of the Property, as contemplated hereby, for a resort motel is not only permitted,but entirely consistent with and encouraged by the purpose of the RR District, as set forth in Section 280-34 of the Zoning Code. Application and Project;Sustainability and Mitigating Factors The undersigned applicant is seeking (i) a Special Exception Permit from the Town of Southold Zoning Board of Appeals (the "ZBA")pursuant to Section 280-35(B)(4) of the Zoning Code, (ii) Site Plan Approval from the Town of Southold Planning Board (the "Planning Board") and (iii) such other permits and approvals required to expand the improvements at the Property, currently comprised of twenty-one (21) resort motel units and accessory uses and improvements, as more particularly described below,to include: • a resort motel building (10 units);and • an addition to an existing resort motel building(4 additional units) The proposed improvements represent an expansion of a resort motel use that has existed at the Property for over sixty(60)years.This expansion is possible based upon the Property being located within a Village of Greenport Sewer District (VSD-01), having made a public sewer service connection between the Property and the Village of Greenport in 2023, and is consistent with the Southold Town Comprehensive Plan dated February 2020 and the Town of Southold Local Waterfront Revitalization Program adopted November 30, 2004. 1 This redevelopment project commenced in 2022.1 Great care was taken by the undersigned applicant to (i) identify and acquire a site for redevelopment that was historically used for resort motel purposes (i.e., an infill project) and already located within an RR District, (ii) identify and acquire a site that is served or has access to public water and sewer,(iii)select and execute a design that paid homage to the area's rich agricultural history and character, and (iv) embark on a sustainable redevelopment project. Highlights include the 2022-2023 retirement of a 1960s era septic system,installation of adequate storm drainage systems, removal of an aging heating oil UST, installation of extensive native plantings,building design and burial of all utility lines to open and preserve viewsheds,installation of dark sky exterior light fixtures, upgrading all improvements to current building and energy codes and incorporation of other sustainable elements, including courtesy bicycles, EV chargers and complimentary water filling stations. In addition, the undersigned applicant has previously mitigated possible impacts to the neighboring properties, including installation of a 6' fence and landscape buffer along the Eastern boundary of the Property in order to provide screening and a buffer between the Property's resort motel use and the adjacent residential use. Zoning Summary and Analysis; Compliance with Section 280-35(B)(4) A summary of the Property specifics is below: • Located within a RR District, approximately 0.2 miles East of the intersection of North Road and Chapel Lane and less than one (1)mile from the walkable Village of Greenport • Pre-existing non-conforming lot at approximately 3.251 acres • Served by public water and sewer • No music, entertainment or loudspeaker system shall be audible from beyond the property line • The maximum size of a guest unit is less than 600 square feet • Proposed project otherwise conforms in all respects with all zoning requirements, including lot coverage, building height, setbacks and off-street parking • Neighbors include The Cliffside Resort Condominiums to the immediate West(68 units, also in an RR District), a single-family residence to the immediate East (in an R-80 District), the Long Island Sound to the immediate North and Moore's Woods across North Road and to the South Section 280-35(B)(4)(b)(2) of the Zoning Code provides that the maximum number of guest units shall be one(1)per 4,000 square feet of land with public water and sewer. Based upon the Property having 144,622 square feet of land, the permitted number of guest units is 35. According to the Town's Comprehensive Plan, only 83 acres out of a total of approximately 33,350 acres of land 1 See"Current Status of the Property"section below on page 7. '- See Zoning Diagnostic Report, Town of Southold, NY, dated September 20, 2023, prepared by ZoneCo, which states at Consistency Matrix: Zoning District Articles, Appendix B, that "[t]his district is only mapped on approximately 83 acres and appears to achieve the desired purposes for certain unique waterfront development patterns in the Town"(emphasis added). 2 in the Town of Southold is zoned RR3 (i.e., 0.25%) and far fewer acres have been issued a special exception permit for hotel/motel uses and/or are used as a hotel/motel (i.e., 18.081 acres). Even fewer have access to and use of public sewer and water(i.e., 11.211 acres),as most such properties are not within or proximate to a Village of Greenport Sewer District. The RR District in this area of the Hamlet of Greenport starts with the Property and continues West to SCTM #1000-44.-2-17 (a cottage located to the West of the Sound View Motel/Halyard Restaurant),and includes the following lots(shown in red in Figure 1 below).Notably, all but one of these lots (Cliffside having 68 units on 7.05 acres at SCTM # 1000-45.-1-2.2) within this RR District are less than five (5) acres, including the Sound View (having 35 units on 2.83 acres (SCTM # 1000-44.-2-22) and 20 units on 1.84 acres (SCTM # 1000-44.-2-23)), and are either already developed or have restricted development due to other factors(i.e.,wetlands,proximity to the bluff,etc.). SCTM# Acrca-_e 1000-40.-1-1 (Hotel Moraine; public sewer) 3.25 1000-45.-1-2.2 (Cliffside;public sewer) 7.05 1000-45.4-3 (single-family residence) 4.37 1000-45.4-4 (vacant) 3.48 1000-44.-2-25 (condominiums) 3.58 1000-44.-2-23 (Sound View—20 units) 1.84 1000-44.-2-22 (Sound View—35 units) 2.83 1000-44.-2-21 0.14 1000-44.-2-20 0.47 1000-44.-2-19 0.21 1000-44.-2-18 0.25 s Distributed, generally, across the Town's Hamlets as follows according to the Town's Comprehensive Plan: Cutchogue(--15 acres),East Marion(--4 acres),Greenport(-38 acres),New Suffolk(—1 acre),Peconic(-4 acres)and Southold(-22 acres).Noticeably absent from this schedule in the Comprehensive Plan are the residential lots located north of Orient Yacht Club in Orient(see Town of Southold Interactive Map;SCTM# 1000-24.-2-26.4 and.5). 3 LONG ISLAND SOUND Greenport ' West A11 Figure 1. See Southold Town Comprehensive Plan,Figure 3.12. Other lots located in an RR District in the Hamlet of Greenport include the following lots(shown in red in Figure 2 below). Those of these lots that are in excess of five (5) acres are limited to SCTM # 1000-40.-3-5 (23.52 acres), 1000-45.-6-8 (17.77 acres), 1000-38.-7-13 (5.10 acres) and 1000-38.-7-14 (8.76 acres), which are Eastern Long Island Kampground, a lot that is almost entirely comprised of a marsh and two lots already developed as condominiums,respectively, and there exists a hotel/motel use having 21 units on less than a one acre lot(Silver Sands at SCTM# 1000-47.-2-11,having 0.91 acres). SCTM# Acreage 1000-49.4-25.8 (condominiums) 1.02 1000-40.-3-5 (Eastern Long Island Kampground) 23.52 1000-45.-6-8 (marshland) 17.77 1000-47.-2-8 0.18 1000-47.-2-9 0.22 1000-47.2.10 0.07 1000-47.-2-11 (Silver Sands-21 units) 0.91 1000-47.-2-12 0.56 1000-47.2-13 0.50 1000-47.-2-14 1.65 1000-47.-2-15 2.16 1000-35.-8-3.2 (industrial) 0.41 1000-38.-9-1.2 (medium density residential) 0.96 1000-38.-7-12 1.76 1000-38.-7-13 (condominiums) 5.10 4 1000-38.-7-14 (condominiums) 3.75 1000-38.-7-15 (condominiums) 8.76 s :CNG nlAYO 3TLPi1 5 q • Greenport =�• �j 3��C _` h : West "+`^" a e owl ` +Q, Greenport,Village �% w 1Z sOun,DLn a, b Legend Zoning Districts BAY F 47dM Ittsrrg 10 LryY11Xis1ad' 11P-FI,�1I131It� 'tar Prerrr;cctrcmOeRlepr�r:' GrMrsl&Z11VZ =69)llnflslria'ifl'a.WdOfteFad -Res&1tiJ14WCx f♦191r'el0eray lkrnel? =Remrr F&,i6sria; Urmty aisrxss Re5'MW40 nE".Map popm dby AKRF,Inc for re To—of southdd •..,.n omo Figure 2. See Southold Town Comprehensive Plan,Figure 3.12. In addition,an analysis of other lots in the Town of Southold located within an RR District reveals that many such properties are less than five(5)acres.Again, only six(6)lots exceed five(5)acres and are either already developed with condominiums or a union training center, have restricted development due to other factors or were recently rezoned to an RR District and are otherwise the subject of alternative re-development activities. SCTM# Acreage 1000-31.-6-17.2 (former Blue Inn, having 30 units) 1.37 (East Marion) 1000-31.-8-25 (single-family cottages) 1.48 (East Marion) 1000-38.-7-7.1 (former oyster factory) 18.49 (East Marion) 1000-38.-7-13 (condominiums) 5.10 (East Marion) 1000-38.-7-14 (condominiums) 3.75 (East Marion) 1000-38.-7-15 (condominiums) 8.76 (East Marion) 1000-117.-6-32.1 0.42 (New Suffolk) 1000-117.-6-32.2 0.47 (New Suffolk) 5 1000-24.-2-26.5 (OYC) 0.14(Orient) 1000-24.-2-27 (OYC) 0.19(Orient) 1000-66.-3-15 (Beixedon) 27.08 (Southold) 1000-135.-3-1 (single family residence) 1.27(Southold) 1000-51.-5-4 (condominiums) 2.20 (Southold) 1000-87.5.-26 (condominiums) 7.16 (Southold) 1000-83.-2-17.3 (IBEW) 16.87(Cutchogue) Demand,Hotels,Motels and Short-term Rentals It is worth noting that focus should be paid to increasing hotel/motel density where public sewer and water are available, and enforcing short term rental laws. As of the date of this letter, the number of hotel/motel rooms in the Town of Southold totals—274'and in the Village of Greenport totals—142 rooms,for a total of—416 rooms.As of the date hereof,The Enclaves,having 44 rooms, is under development, the instant application for Hotel Moraine (an additional 14 rooms) is pending, and there is pending an application by Silver Sands to add a restaurant. There are also four other projects that have been in a pre-development/design stage for years (Peconic Bay Vineyards in Cutchogue, the former Capital One/North Fork Bank Building on Main Road in Mattituck, Brick Cove Marina and a site adjacent to the Old Mill Inn in Mattituck). In season,most hotels and motels require a 2-3 night minimum, reducing turnover and traffic,and are otherwise highly regulated by the Town, Suffolk County Comptroller(i.e., pay a 5.5%hotel motel tax — an increase of 2.5% as of June 1, 2023) and Suffolk County Department of Health Services(i.e., food service permits,temporary residence permits,pool permits,sanitary and water permits,as applicable,and related inspections),among other agencies(i.e.,NYS SLA,Ag&Mkts, etc. and related inspections). Consider that, as of the date of this letter, the number of rentals available on AirBNB in the Town of Southold totals 210 and in Greenport totals 170,for a total of 380 listings, many of which are private residences and do not have applicable permits. Furthermore, the Town has issued 1,095 rental permits since inception, approximately 75% of which continue to be renewed. History of the Property The Property operated as the Sunset Motel from approximately 1960 through 2021. In 1995,the "West Building" burned down. The Planning Board waived site plan approval for its reconstruction(subject to drainage dry wells being added)and the ZBA approved its reconstruction by Resolution#4341 on October 11, 1995. The West Building was subsequently reconstructed. 4 These figures represent hotel/motel rooms located within and outside the Town's RR District and do not include bed and breakfasts. The total number of hotel/motel rooms in the Town's RR District stands at a mere 198. 6 Current Status of the Property The undersigned acquired the Property in October of 2021 and undertook a redevelopment effort to convert the Sunset Motel to Hotel Moraine, an independently-owned, family-focused resort, which included the following improvements: • Renovation of five (5) existing buildings at the Property, including: >consolidation and complete renovation of twenty (20) hotel/motel units into two (2), ten(10)unit buildings(i.e.,"East Building"and"West Building"); >complete renovation of the north cottage into a"recreation"building to be used by all guests; >complete renovation of the south cottage (or chalet) into one (1) unit and a fitness facility for all guests; and >demolition and reconstruction of a lobby building on the footprint of the existing lobby building. • Construction of a sewer pump station and connection to the Village of Greenport public sewer • Construction of a swimming pool and patio • Abandonment of a 1960s-era septic system • Removal of an aging heating oil UST • Construction of all new underground utilities, including, but not limited to, electric, sanitary and storm drainage • Construction of landscape buffers along the South, East and West sides of the Property, which included planting thousands of native plants and trees • Installation of a bike rack, EV charging capabilities and water filling stations The above-referenced work required issuance of a number of permits and approvals, including building permits by the Town of Southold Building Department, Wetland Permit 410383 and an administrative amendment thereto by the Town Trustees, a variance and de minimus amendment thereto by the ZBA (# 7756), a Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and various permits and licenses by the Suffolk County Department of Health Services. This work was completed in 2023 and culminated in the issuance of certificates of occupancy and operating permits, allowing the Property to re-open as Hotel Moraine in June 2023. The crowning achievement of the project was the 2023 retirement of the 1960s era septic system on the bluff of the Long Island Sound and construction of a new, sewer pump station to the public sewer owned and operated by the Village of Greenport. Pending Applications The undersigned applicant has submitted to the Planning Board a Site Plan Application for the Property, which will proceed contemporaneously with the ZBA's review of this application. The undersigned applicant is requesting that the Planning Board reduce the loading requirement of 1 berth per 2,500 square feet, under Article XVIII, Section 280-79 of the Zoning Code to one (1) loading berth. 7 Furthermore,the undersigned anticipates that an administrative permit will be required to be issued by the Town Trustees in order to facilitate construction—notably,the proposed improvements are not within the"100' setback". Conclusion The undersigned applicant looks forward to working with the ZBA to see this next phase of redevelopment at Hotel Moraine to fruition. Very truly yours, Daniel I Pei ssi, President 8 Authorization Board of Zoning Appeals APPHEation AUTHORIZATION (Where the Applicant is not the Owner) I, 11��PQ MQ�aS/ residing at t' (Print property owner's name) ailing Ac ) LW ct_S do hereby authorize AAA Q��o55t (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. Oft 1 0 1 , I A-A-on:. (Owne Signature) (Print Owner's Name) Applicant's Project Description Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION Please complete sections below that apply APPLICANT: n AJ LLC SCTM No. l 00U O— I — 1.For Demolition of Existing Building Areas � Please describe areas being removed: ll r H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: t l S `3e' P Dimensions of new second floor: Dimensions of floor above second level: Height(from existing natural grade): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: ' n Number of Floors and General Characteristics BEFORE Alterations: itP l 5� / mo`fP� Ur L,14'S Number of Floors and Changes WITH Alterations: ! 1 IV.Calculations of building areas and lot coverage,sk plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: Proposed increase of building coverage: ' -3 L(�' Square footage of your lot: Percentage of coverage of your lot by building area(lot coverage) r � V.Purpose of New Construction: (© '41, In AID 40 �JIS r e �-'P I�0 L"I L�1 a-�1�11 L � 2( i zi�� VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,eta)on your land and how it relates to the difficulty,in meeting the code requirement(s): Describe on separate page if needed: Please submit 8 6is 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. 12/2023 Short Environmental Assessment Form 6I7.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Ac ion or Project: Project Location(describe,and attach a locating map): Brief Descriptions of Proposed Action: 1 - / � Ol Cote aT uc+ a (\Low M�� �oCCU �! '(1© 0l4 o_.vV -►-}iovl-� a.�P�vs�-i &&o e� tour l�i t4 (_ LA p i die c�c,U � -� �x1 S`�'i vtct oZ 1 -vu t-� V00 AeJ i tti. OL QE 5cx- Q&s iAso L& i�elQ V V-4—P , Name of Applicant or Sponsor: ` I - t Telephone: C klO V _C �l, E-Mail: a • cn-m Address: J . qg City/PO: State: Zip Code: oY 1 l L1 q 1. Does the proposec ction only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approve r fundin from any other governmental Agen ? NO YES I-ff^Yes,list agency(s) name and permit or approval:�y` C"La vA —�'c M?-1211' 3.a.Total acreage of the suite of the proposed action? 6, acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.25j acres 4. Check all land uses that occur on,adjoining and near the proposed action. � 11 Urban ❑Rural(non-agriculture) ❑industrial ❑�CCommercial &Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic 340ther(specify): 0 i ❑Parkland Page 1 of 4 5. is the proposed action, NO YES N!A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? tom/ 7. Is the site of th proposed act* n to ated in or do it adjoin, state listed Critical Environmental Area? NO YES If Yes,identify: ✓ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES t✓ b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: / 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: �✓ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ✓ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest O Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ERSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ✓ a.Will storm water discharges flow to adjacent properties? Q'NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and Arm drains)? If Yes,briefly describe: ❑NO eYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: / 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ✓ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part l and other materials submitted by the project sponsor or otherwise available to the reviewer_ When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur l. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Wilt the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature ofPreparer(if different from Responsible Officer) Page 4 of 4 Questionnaire for Filing with Your ZBA Application QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATTION a) Has a determination been made regarding Site Plan review?_Yes ✓ No If no,please inquiry with the ZBA office. If site plan is required,you may a�ply to the Planning Dept.at the same time so both applications can be reviewed concurrently. 4 PP��Ca�iOvL4- �14(wtzd b) Are there any proposals to change or alter land contours? a. No Yes,please explain on attached sheet. c) Are there areas that contain sand or wetland grasses? d) Are those areas shown on the survey submitted with this application? e) Is th/property bulk headed between the wetlands area and the upland building area? f) If your property contains wetlands or p nd areas,have you contacted the Office of the Town Board of Trustees for its determination of jurisdiction?Yoh_ Please confirm status of your inquiry or application with the Trustees: and if „ issued,please attach copies of permit with conditions and approved survey. Q 1� xE+J�� g) Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? h) Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? A.20Please show area of the structures on a diagram if any exist or state none on the above line. i) Do you have any construction taking place at this time concerning your premises? f 12 f yes,please submit a copy of your building permit 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 obtain copies of them. EFJO.W ' k) Do you or any co-owner also own other land adioining or close to this parcel? If yes,please label the proximity of your lands on your survey. 1) Please list present use or operations conducted at this pa cel LAID A MA— IC.t !!�oT and the proposed use .(m existing single family,proposed:same with garage,pool or other or vacant proposed office with apartments above,etc.) �)' / -s � /W J Authorized sig.#Irc and Date lout 1, PR0j4.ess1' Print Title(Owner,Representative) Transactional Disclosure Form APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The"rossn of Southnld's Code of Mies prohibits conflicts of interest nn the part of Own officers and employees.The nurimise of this form is to prnvide information which can alert the f own of yoss``ib11le conflicts of interest and alloss it to take sshafever action is neeessars in:void same. YOURNAME: �)rs:-a--�a sl�n.1_ F� ,u (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,Indicate the other person's or company's name.) 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) T � . )y� Planning 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 partnership,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 thann55%of the shares. YES NO If you answered"YES",complete the balance of this form 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/agent/representative)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 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 1. 7 Submitted this d y// 20,�Iq Signature 7� Print Name 12 1, s`J Agricultural Data Statement—Not Applicable k)/0 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 500 feet of a farm 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 nwith 'Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: �L�� Qn�r �el L.e 2. Address of Applicant: &IDDIS—z F �S-Z 1tSP p-to rat I�Y y� 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5 !D 5. Description of Proposed Project: IseL4916u►I P 6. Location of Property:(Road an ax map number): _C �l. vtu. 7. Is the parcel within 500 feet of a farm operation?{ }Yes { )No 8. Is this parcel actively farmed? { }Yes { }No 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 the Applicant's responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) NAME and ADDRESS 2. - 3. 4. 5. - - 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1.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 farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration 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. LWRP Consistency Assessment Form Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# l -I- The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. LJ Building Dept. U Board of Trustees E-1 Z4 11A 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of acti _11 k , , A Location of action: yy ��Q Site acreage: 3 . 2- S ( II 1 Present land use: AA /Un 4J Snc ?' Present zoning classification: YC D ^1(�r ' �p S i d g"al — C k 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (� II II (a) Name of applicant: L: ib u r -, Enj t� L L (b) Mailing address: 6 S 1Z- Lis (c) Telephone number:Area Codtte1�( � �ii —�� 1 7 (d) Application number, ��1 Gt..4 if any: 3 144 ;7 5�_ Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 1Z If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. P(Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria YyesE3No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectio 1❑—Policies Pages 8 through 16 for evaluation criteria 7Yes No 13 Not APP licable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — ' s Pages 16 through 21 for evaluation criteria Fes No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. F(yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. [i(yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous subss ces and wastes. Sec LWRP Section III—Policies;Pages 34 through 38 for evaluation criteria. U es ❑ N o 0 Not Applicable Y PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation crrter ❑ Not Ye9--1n No Applicable Attach additional sheets if necessary WORKING COAST POLICIES Police 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suits a locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes 11 No Q Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters.See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. 5 1'es ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62�through 65 for evaluation criteria. I�1 cs ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 9yes ❑ No ❑ Not Applicable Created on 512510511:20 AM Current Deed for the Property I IIIIIII IIII Illll IIIII IIIII Illli IIIII IIIII IIIII IIII IIII (IIIII IIIII Illll IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 01/25'•/2022 Number of Pages: 4 At: 11:45:39 AM Receipt Number : 22-0011770 TRANSFER TAX NUMBER: 21-21242 LIBER: D00013139 PAGE: 694 District: Section: Block: Lot: 1000 040.00 01.00 001.000 ENAMINED AND CHARGED AS FOLLOWS Deed Amount: $5,000,000.00 Received the Following Fees For Above Instrument Exempt �A. Exempt Page/Filing $20.00 NO Handling $20.00` .. NO COE $5.00 NO NYS SRCHG $15.00 h"3 NO I EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $20,000 .00 NO Comm.Pres $97,000.00 NO Fees Paid $117,520:00 TRANSFER TAR NUMBER: 21-21242 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE MV County Clerk, Suffolk County r_ 1 F Y Number of pages P.ECORDED 2022 Jan 25 11.45:39 R1'4 JUDITH A. PASC_ALE This document will be public CLERK OF , record. Please remove all SuL D00OLK 13139ti L DOOO13139 Social Security Numbers P 694 prior to recording. DT# 21-21242 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee + Mortgage Amt. r 1. Basic Tax Handling 20. 00 2, Additional Tax TP-584 Sub Total _ Notation Spec./Assit. or. EA-52 17 (County) ___ Sub'Total _ __ _ _ Spec./Add. EA-5217 (State) TOT.MTG.TAX Dual Town Dual County_ R.P.T.S.A. Held for Appointment Comm.of Ed. .5. 00 Transfer Tax � = Affidavit Mansion Tax '�� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total _ YES or NO Other S Grand Total If NO,see appropriate tax clause on page# of this instrument 4 Dist.moo 21066737 loon 04000 0100 001000 1 5 Community Preservation Fund Real Property f R smi S� Consideration Amount$ 5?�T_ Tax Service � tl Agency CPF Tax Due $ _ 00 Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Jd'tu�t —nl�' TD 'V3 OPL-#4 6--'n TD 'ao&&& �. ., NY ! 0522 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com anv Information 310 Center Drive, Riverhead, NY 11901 n,,�,,, �� www.suffolkcountyny.gov/clerk Title# CC - iy `1 8 ,Suffolk County Recording & Endorsement Page This page forms part of the attached _. J"-6 1 made bv: Farm 8002(9199)-20M—Bargain and Sale Deed,with Covenants against Grantors Acts—Iadividual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIONINO THIS MSTRUMENT—THIS MTRUMINT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,trade the day of October 2021 BETWEEN and JERAD MOTEL CORP.,a New York corporation,having an office at 62005 Route 48,Southold, New York 11971 Party of the first part,and NORTH ROAD HOTEL LLC,a New York limited liability company,having an office at 43 Appleton Place,Dobbs Ferry,New York 10522 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the parry of the second part forever, SEE SCHEDULE A ANNEXED HERETO Being and intended to be the same premises conveyed to the parties of the first part herein by deed dated January 10, 1978 and recorded in the Suffolk County Clerk's Office on January 12, 1978 in Liber 8374, Page 245. Said premises are designated on the SCTM as Section 040.00,Block 01.00,Lot 001.000 and are also known as no.62005 Route 48,Southold,NY 11971. lection 140.00 ;lock 11.00 TOGETHER with all right, title and interest, if any, of the purty of the First part, in and to any streets and roads 'Ot abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the 101.000 estate and rights of the pnrty of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heir;or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the First part has not done or suffered anything whereby tht:said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the; first part will receive the consideration for this conveyance and will hold the right to receive such conFider- ation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"%hail be construed as if it read"parties"whenever the%entie of this indrnie.ro -- Acknowledgement taken in Now York State I Acknowledgement taken in New York State State o1 New York,County of / 4-9 5si` v as: State of New York,County of ,ss: On the l 0 day of October ,in the year 202t,before me, On the day of ,in the year ,before me, the undersigned,personally.appeared the undersigned,personally appeared Ellen Wiederlight personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) Is satisfactory evidence to be the Individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In hislher/their me that he/she/they executed the same in his/her/their capacity(les), and that by hislher/their signature(s) on the capacity(les), and that by hislher/their signature(s) on the Instrument, the individuals) or the person upon behalf of which instrument, the Individual(s) or the person upon behalf of which the individual(s)acted,executed the instrument. the individual(s)acted, executed the instrument J .�. JAMES COOKE Notary Public 4Qtate of New York 23 Qualified In Suttclkk Cgo 7 tYLnZ� Commission Expires Acknowledgement taken In New York State Acknowledgement taken outside New York State State of New York,County of ,ss: .State of ,County of se: (or insert District of Columbia,Territory,Possession or On the day of in the year ,before me, Foreign Country) the undersigned,personally.appeared On the day of ,in the year ,before me, personally known to me or proved to me on the basis of the undersigned, personally appeared satisfactory evidence to be the indlvidual(s) whose name(s) Is (are) subscribed to the within instrument and acknowledged to personally known to me or proved to me on the basis of me that he/shelthey executed the same In hls/her/their satisfactory evidence to be the Individuals) whose name(s) Is capacity(les), and that by hislher/their signature(s) on the (are) subscribed to the within instrument and acknowledged to instrument,the individual(s) or the person upon behalf of which me that he/she/they executed the same In his/her/their the Individual(s)acted,executed the instrument, capacity(les), that by his/her/their signature(s) on the Instrument, the Individual(s) or the person upon behalf of which the individual(s) acted, executed the Instrument, and that such Individual made such appearance before the undersigned In the (add the city or political subdivlelon and the state or country or other place the acknowledgement was taken). Title No.:___ JERAD MOTEL CORP. SECTION 040.00 BLOCK 01.00 LOT 001.000 TO COUNTY QaXM= SUFFOLR NORTH ROAD HOTEL LLC RETURN BY MAILM. Daniel Pennessi Distributed by 43 Appleton Place &cago Title.Insurance Company Dobbs Ferry,NY 10522 W 0 O z z a 2 0 W W 2 SCHEDULE A Legal Description ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a concrete monument on the northerly side of North Road distant 601.88 feet northeasterly as measured along the northerly side of North Road from land now or formerly of Vrooman and which beginning point is at the southeast comer of land formerly of Dodge, now Shannon; RUNNING THENCE along said land of Shannon,North 32 degrees 02 minutes 20 seconds West,550.00 feet to the ordinary high water mark of Long Island Sound; THENCE along the ordinary high water mark the following 2 tie line courses and distances: 1. North 43 degrees 00 minutes 00 seconds East, 195.00 feet; 2. South 26 degrees 48 minutes 00 seconds East, 40.84 feet to land now or formerly of M.W.Blackman; THENCE along said land of Blackman the following two courses and distances: 1. South 45 degrees 07 minutes 20 seconds East,260.00 feet to a monument; 2. South 48 degrees 07 minutes 00 seconds East,178.86 feet to the northerly side of North Road; THENCE along the northerly side of North Road the following two courses and distances: 1. South 56 degrees 37 minutes 50 seconds West,30.38 feet; 2. South 32 degrees 04 minutes 10 seconds West, 319.62 feet to the POINT OR PLACE OF BEGINNING. FOR CONVEYANCING ONLY:Together with all the right,title and interest of the party of the first part,of in and to the land lying in the street in front of and adjoining said premises Certificates of Occupancy issued for the Property - - 7/22/2023 Town of Southold P.O.Box 1179 t _ 53095 Main Rd Southold,New York 1197 CERTIFICATE OF OCCUPANCY Date: 7/22/2023 No: 44329 THIS CERTIFIES that the building COUMRCIAL Location of Property: 62005 CR 49,Cneenport SecBlock/Lot: 40:1-1 SCTM#: 473889 Lot No. _ "-Subdivision: Filed Map No. - - Application Building Permit heretofore filed in this office dated conforms substantially to the 48173 dated 8/12/2022 1/21/2022 pursuant to which Building Permit No. 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: motel lobby buildin with swimmin of as a lied for. The certificate is issued to North Rd Hotel LLC of the aforesaid building. SUFF'OLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-22-0317 511712023 48173 5/25/2023 ELECTRICAL CERTIFICATE NO. 6/6J2023 Fnye lumbing _ _ -- � PLUMBERS CERTIFICATION DATED — tore Town of Southold 7/22/2023 P.O.Box 1179 53095 Main Rd ® Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 44330 Date: 7/22/2023 THIS CERTIFIES that the building COA04ERCIAL Location of Property: 62005 CR 48,Greenport SCTM#: 473889 Sec/Block/Lot: 40.4-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 2/26/2019 pursuant to which Building Permit No. 47148 dated 11/20/2021 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: reconstruction of motel building(east building with 10 units)as applied for. The certificate is issued to North Rd Hotel LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-22-0317 5/17/2023 ELECTRICAL CERTIFICATE NO. 47148 5/11/2023 PLUMBERS CERTIFICATION DATED 6/6/2023 Hard umbing C riz ipature o\py�fFOt r�oG Town of Southold 7/22/2023 P.O.Box 1179 v A 53095 Main Rd 8 bl yam! Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 44331 Date: 7/22/2023 THIS CERTIFIES that the building COMMERCIAL Location of Property: 62005 CR 48,Greenport _ _ SCTM M 473889 Sec/Block/Lot: 40.4-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/28/2022 pursuant to which Building Permit No. 48246 dated 9/2/2022 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: reconstruction of motel buildin,(west building with 10 units)as applied for. The certificate is issued to North Rd Hotel LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-22-0317 5/17/2023 ELECTRICAL CERTIFICATE NO. 48246 5/11/2023 PLUMBERS CERTIFICATION DATED 6/6/2023 N lumbin LLC u r e Signature Town of Southold 8/16/2023 v k P.O.Box 1179 o 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 44442 Date: 8/16/2023 THIS CERTIFIES that the building ALTERATION Location of Property: 62005 CR 48,Greenport SCTM0: 473889 Sec/Block/Lot: 40.4-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/21/2022 pursuant to which Building Permit No. 47386 dated 1/26/2022 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: alterations including basement stem to existing single family dwelling as applied for. The certificate is issued to North Rd Hotel LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 47386 5/11/2023 PLUMBERS CERTIFICATION DATED 6/6/2023 ar lum in LLC Aul Si ' o�F x co Town of Southold 5/15/2023 4� P.O.Box 1179 is j: 53095 Main Rd I,-Y Southold,New York 11971 r• CERTIFICATE OF OCCUPANCY No: 44102 Date: 5/15/2023 THIS CERTIFIES that the building GENERATOR Location of Property: 62005 CR 48, Greenport SCTM#: 473889 Sec/Block/Lot: 40.4-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/4/2023 pursuant to which Building Permit No. 49093 dated 4/5/2023 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: accessorLgenerator as applied for. The certificate is issued to North Rd Hotel LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 49093 5/9/2023 PLUMBERS CERTIFICATION DATED A o ignature Q�pF SOOTy�I A o Town Hall Annex ' Telephone(631)765-1802 54375 Main Road P.O.Box 1179 a� sea n.devlin�town.southold.ny.us Southold,NY 11971-0959 D�te101h BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRICAL COMPLIANCE SITE LOCATION Issued To: North Rd Hotel LLC Address: 62005 CR 48 city:Greenport st: NY zip: 11944 Building Permit#: 49093 Section: 40 Block: 1 Lot: 1 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: Electrician: Wildwood Electric License No: 4836ME SITE DETAILS Office Use Only Residential Indoor Basement Service Commerical X Outdoor X 1st Floor Pool New X Renovation 2nd Floor Hot Tub Addition Survey X Attic Generator X INVENTORY Service 1 ph Heat Duplec Recpt Ceiling Fixtures Bath Exhaust Fan Service 3 ph Hot Water GFCI Recpt 1 Wall Fixtures Smoke Detectors Main Panel AIC Condenser Single Recpt Recessed Fixtures CO2 Detectors Sub Panel A/C Blower Range Recpt Ceiling Fan Combo Smoke!CO Transfer Switch UC Lights Dryer Recpt Emergency Strobe Heat Detectors Disconnect 4 Switches 4'LED Exit Fixtures Sump Pump Other Equipment: 30kW Kohler Generator w/200A Transfer Switch, 2 Pumps, 3 Phase Inverter Notes: Pump Station w/ Backup Generator May 9, 2023 Inspector Signature: c- > — Date: S.Devlin-Cert Electrical Compliance Form Photographs—Existing Improvements and Property HOTELMORAINE Owner: North •,., Hotel Date Taken: March 13,2024 (Route 48) r ,.r HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: Lobby/Site from South(Route 48) HOTEL MORAINE • •... Hotel D. Description: . .. (Route HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13,2024 Description: Lobby/Site from South (Route 48) . r i ♦ r HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: Lobby, East Building and West Building from South . f. Aar .$ -�` ,�~, • • ! `i_ Cap".o - '=f.. s ,_ HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: Lobby from South ANAL y��;9 ;.,,� �w.��� 'C-I•!n r'. � •-r C ~ ���'�.� ,i s�yr��w•1-4�(\��I',`y`• ref. � �� "'R• '11r; -��I� t 'i y _ .. J..I.t ..t+3.. 17( z �4' ; �w :�'s.:f..�.''" v, _� ? V`r, L.?,t < K�,c �:i. .cv �+.•,��..�^.':�L .ii ' j`L�;�"R�-�W=-�rY_�J�°�Yk`�,�����,�;•�-�c,��f'C�s��tl �r�-f F�.���.•1'SYfJ``,�,a, •.Z'�--` ♦ M� r'i- T r+�'�'�JW�#�. �+��t'�` .;�ioY.�'�'S.���-,n� d•�sy'F'r�,i � i• ;f r_� � ,t t •SWC � •w •::�;✓, ,�.s�•`.:r••S'ir'��=l'y� A •��qf.. 1:'d� _1!f •'�+�t � 'j j �►�• ��s.�,+ fj _ HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: Lobby from North s mo s 1 .ram J- HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: East Building from South G°- - - HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13,2024 Description: East Building from East 1 1 C _ HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: East Building from North �r 1J=. u r r f W i i� HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13,2024 Description: West Building from South 4PM . AP, 4 o 1.••.�. ,i-1 i Y•T T HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: West Building from North I I HOTELMOPAINE Owner: North •... Hotel LLC Date Taken: March 13, 2024 HOTEL MORAINE •wner: North R..• Hotel D. Description: North Cottage from West :f a - :.. ram. S `• :;� ��,� • �'tiy�l: �,, •^�;ri.�,. HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 13, 2024 Description: North Cottage from North •r. MORAINEHOTEL Owner: North Road Hotel LLC Date Taken: March 13,2024 Description: South Cottage from South - -d. - _ ' �(.� �•� to - -- - '�i;.. tr ���``�•i7 l-���, may' r -`7�~ HOTEL MORAINE Owner: North •... Hotel LLC Date Taken: March 13, 2024 Description: Cottage •r � •i , , 4j•V J.. �• Ati ram• - ` 1 'S�� z/ �• t• I`• �� J �„-• �11✓•-✓!mil V��'s fit, �.!.,J:• •.' y _ ',�T ,��� N is .7,�— .y• ��fj�•� ��:� ��„�.�+,,�',: r: ��f.;:�j,�1r, -del' _ �. �•..�} .ir HOTEL MOPAINE Owner: North Road Hotel LLC Date Taken: March 13,2024 Description: South Cottage from North I�4y�t �rXVI a� 1 ram' .r .•cy� 'I"�� � "��'•_-�'.•.N� r . II •'r. ` �r/�T��` t _ �;�• _ ~�• � ram•- -'r,�' � ,�----�": - y, - •ti t 'L f�••• � Via._ !v f � r � � 1/ '!'l3 g �•.. •'� I i I 11 T s _ _ ��e-J w00 lb i f• i J12i Apt. Ail ;Il r a /y •tea � K'. y•:� �~ �'"""�� • raw.�.�.►�.► ICUc. 1 s r ` � • o �i t i a, ti �.�,i - �' � .�'� , c• y A� _ .`� .�?b✓�a�='4 � yr_.+�'.'; =fir �;;; •,•' �'.. _. .�'`•"�.,. %' * , Aw lop �. R 1A I 1 R 1 ► lr. r ♦i ;� TI. _ 4 19 i IM- rt • a � e +fill i 1 yf� 4111 l ■ice�r i 1" AR. 1. !..yam err, w -TM fill9=1 1�1 4,11A ■m .i ffffff■I r#'l ■ 'fifi�i Uf � if W J 1 Irr�llltl� r: ■ 7e� •ifff�` li r: ■ rip i. L M .lamesW'.. 1 i lifer.Jlu.L r' MMANW x t.. •. flla :f+ik. � I� ifs i-fl S f lTf f am err fFrfi 1a ♦{ '� am r� i� .� our aJJ��f y _. _.: .• _ �! I k=+ ' • _ - y, ,' ��=ice ■ •lal� l:fi,)OE 11 Is i • '� aal S IF 74 IV �M1Jlrl14# � cf11 i ' f+rf - _ _ f i + Y IL ..16 d t f - i• y.t � '-71.t_ � ^. i•'"J,Lj� ) .,% by y t ai: - ..r ..ti+ Ao h � e i ti T• - may✓ I , IL a � , ■■ EP i -:L •� � �v • V -7ftm� 1 o' ,-7 - ! '` 3 '-C C Photographs—Staked new motel building Owner: HOTEL MORAINE Date Taken: March 12, 2024 Description: Staked New Building from North � i�w' a iy _ �� _ �J _ wT HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 12, 2024 Description: Staked West Building Extension from North-North-West 4 HOTELMOPAINE Owner: North Road Hotel LLC Date Taken: March 12, 2024 Description: Staked New Building from West Lim ' �` i. ��}++v-- ...(r-y Sri`� ,� •. �'� 'y�. - .lam. r. .� t r-• HOTEL MORAINE Owner: North •..d Hotel LLC Date Taken: March 12, 2024 Description: Staked New Building from North-East F yam. �au • HOTELMOPAINE Owner: North •... Hotel LLC Date Taken: March 12,2024 Description: Staked New Building from East It e � __ i: •.- � �����p� ems+ ���,•.: �, •1 1 1 ` i HOTELMOPAINE • •... Hotel LLC D. 2024 Description: Staked New Building from South r + F n X i •/ -r` �.. 'ti ._a.� '3l1'1'>'at•i�. 7.+jF`!~ �,1. r� �.• �� -� t VS. y r .t Via.. i, -tip ��fl� ' r~� ` '.{ `� �+ •: �. ;tom`, s f'. Si!'„ r�✓ ,,-•, � � ;� �,.. ,�' ..�/� :�rsy biz;- 4 Photographs—Stake addition to West Building HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 12,2024 Description: Staked West Building Extension from North •' •�• .. � ` ,' '�3. �'� �_err:. •+.''-. •. ,;sr_ ; fit• � .r' .� � , •', \ � .� v �Jlr•�'���;- � •fir.-� , . HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 12, 2024 Description: Staked West Building Extension from North i HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 12, 2024 Description: Staked West Building Extension from North-West RIO t 1, J. r��. HOTEL MORAINE Owner: North Road Hotel LLC Date Taken: March 12,2024 Description: Staked West Building Extension from West HOTEL MORAINE • •... Hotel D_ Staked West Building Extension from West HOTEL MORAINE Owner: North •... Hotel LLC Date Taken: March 12,2024 Description: Staked West Building Extension from South X Mg ��.-*.'Lr,' - ,; 1.�,+t4.••{!•tiff. -.r s' � �� =-!', + Town Trustees Wetland Permit# 10383 and Administrative Amendment thereto AL 'r BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK �= PER-ViIT NO. 10383 DATE: MAY 17.2023 ISSUED TO: NORTH ROAD HOTEL.LLC PROPERTY ADDRESS: 62005 C.R.48,GREENPORT SCTM#1000-40-1-1 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 May 17.2023,and in consideration of application fee in the sum of$250.00 paid by North Road 4 ote1.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 f800sq.ft.amenity building and to resurface the existing f192sq.ft.deck and railings,and construct an additional 1240sq.ft.deck addition with railings, . ADA compliant egress ramp and steps to ground;install irrigation;install stones;with the condition to establish and perpetually maintain a 15'wide vegetated Non-Turf buffer running / along the entire length of the top crest of the bluff which encompasses the as-built vegetated berm;the inclusion of the boulders that are located to the east of the berm,and that any irrigation that may be utilized within Trustee jurisdiction be removed after 18 months;and as depicted on the survey prepared by Nathan Taft Corwin,III land Surveyor,last dated May 19, 2023,and stamped approved on May 25,2023. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and t these presents to be subscribed by a majority of the said Board as of the day and year first above written. �%ofFDI twb am �C4= � _ ► ! ,fit �► ,! TERMS AND CONDITIONS The Permittee.North Road Hotel LLC.residing at 62005 C.R.48.Greenport. New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee will,at his or her own expense,defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Perm ittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. Glenn Goldsmith,President f�' 1�OF SOUJy �� Town Hall Annex A.Nicholas ,Vice President Kru ski " �� - 54375 Route 25 p '` `� S P.O.Box 1179 Eric SepenosId ,{ Southold,New York 11971 Liz Gillooly ( to Telephone(631) 765-1892 Elizabeth Peeples �. o Fax(631)765-6641 UM July 24, 2023 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Daniel J. Pennessi North Road Hotel LLC 510 Navy Street Orient, NY 11957 RE: 62005 C.R. 48, GREENPORT SCTM#: 1000-40-1-1 Dear Mr. Pennessi: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 19, 2023: RESOLVED that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#10383 for the replacement of existing +/-192sq.ft. deck and railings; and as depicted on the survey prepared by Nathan Taft Corwin, III Land Surveyor, last dated June 6, 2023, and stamped approved on July 19, 2023. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Since r ely, R Nicholas Krupski Vice-President, Board of Trustees ANK/dd Town Zoning Board of Appeals Variance#4341 dated October 20, 1995 r ' APPEALS BOARD MEMBERSo�g11Ff0(K �.� Southold lbwn Hall Gerard P.Goehringer,Chairman y�" 53095 Main Road Serge Doyen,Jr. W P.O.Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A.Villa y�► �0�;. � Fax(516)765-1823 Lydia A.lbrtora rP Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4341: Matter of the Application of JERAD MOTEL CORP. (alk/a SUNSET MOTET.) requesting a Variance under Article XXIV, Section 100-243A & B, based upon the September 7, 1995 Notice of Disapproval issued by the Building Inspector, for permission to reestablish preexisting nonconforming efficiency apartments use in the existing footprint of this preexisting nonconforming building, portions of which were recently damaged by fire. The property contains a nonconforming lot size of less tluin five; acres and is located in the RR Resort-Residential Zone. Property I(jcation: 62005 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-1-1. WHEREAS, after duce notices, a public hearing was held on September 13, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered ail testimony and documentation submitted concerning this application; aiid WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This written application is a request based upon the September 7, 1995 Notice of Disapproval issued by the Building Inspector. The application made to the Building Inspector was dated August 22, 1995 and was a request to "rebuild motel and efficiency apartment units damaged by fire." The reason for the disapproval by the Building Inspector is written as follows: "Under Article XXIV, Section 100-243A and B, proposed construction doesn't meet the requirement of this Section. Action required by !he Zoning Board of Appeals. Action also required by the 'Town Planning Borad and other applicable agent is:s." Page 2 - Appeal No. 4341 Application of JERAD MOTEWSUNSET MOTEL Decision Rendered October 11, 1995 2. The premises is identified as County Tax Map Parcel No. 1000-40-1-1 and is located in the RR Resort-Residential Zone District. Formerly, the premises was zoned M-1 Multiple Dwelling (between 1971 and 1989), and prior to 1971, the premises was "M" Multiple Dwelling. It is apparent from the records that the motel complex with housekeeping units were built at different times in conformity with the zoning code in effect prior to 1970, at which time "multiple dwellings designed for and occupied by not more than four families was permitted" with or without a motel use (ref. 1957 Town Zoning Code, Section 350, Article III-A, subsections 2 and 3). 3. Reference is also hereby made to the following maps: a) Survey dated December 28, 1977, amended Jan. 6, 1978 prepared by Roderick VanTuyl, P.C. showing the buildings and site elements existing at that time. b) Survey updated July 26, 1995 showing the existing buildings, the proposed in kind replacement of a two-story frame building which was destroyed (mostly by fire), and showing the location of the cesspool and leeching pools, docks, coastal hazard erosion line, two-foot contour elevations, entrance, and other specific details. c) The construction diagram of the subject two-story building is undated, was prepared by Robert J. Gruber as #95035, Drawings No. 1, 2 and 3 thereof. 4. The setbacks of the proposed (and former) location of the subject two-story building are confirmed at 49+- feet from the westerly side property line, at 134+- feet from the southerly front property line (near the North Road), and at 228 feet from the coastal erosion hazard line. The top of the bluff is distant more than 228 feet from the proposed building relocation. 5. The units referred to as "efficiency units" are described as housekeeping units or units which contain cooking facilities. The efficiency units are smaller in size than a normal dwelling unit of 850 sq. ft. The number of efficiency units in the building which is the subject of this application is four, the remaining units being motel units. 6. Section 100-241 of the Zoning Code provides as follows: "Nonconforming Uses. Except as provided hereinafter, nonconforming use of buildings or open land existing ...on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right Y Page 3 - Appeal No. 4341 Application of JERAD MOTEL/SUNSET MOTEL Decision Rendered October 11, 1995 thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored. .., nor shall any external evidence of such use be increased by any means whatso- ever. . . ." 7. Section 100-243 of the Zoning Code provides that: ... A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered . unless the use of such building is changed to a conforming use. 8. One of the requirements or areas to be resolved concerning established nonconforming uses is the question of whether a combination of buildings functions as a "single, integrated, nonconforming use." This requirement must be resolved by the building inspector after a factual evidentiary presentation by the owner. In this project, the presentation was not submitted (or requested) and instead was referred to the Board of Appeals in the form of a disapproval. 9. In reviewing court decisions concerning nonconforming uses, it is the opinion of this Board that the history and background of the ownership and use of the two distinct motel-apartment buildings confirm that the buildings are "functionally interdependent" for purposes of applying the over-50% formula restriction of the ordinance. The buildings have been operated as a single unit for over 30 years. As stated in the Matter of Bobandal Realties v. Worthington, 21 AD 2nd 784, affd without opn 15 NY 2d 788, that analysis was centered on making a computation as to what percentage of the property was damaged by fire, taking into consideration all structures and buildings on the property which are devoted to the single, integrated, nonconforming use. The formulation of "functional interdependence," rather than economic interdependence or nature of the use is placed in reasonable balance with the owners' interest in not having a property investment abruptly altered or terminated. (Also, see Krul v. Board of Ad1. 1212 NJ Super 18, 26, 298 A2d 308, 312, affd 126 NJ Super 150, 313 A2d 220; State ex rel. Covenant Harbor Bible Camp v. Steinke 7 Wise 2d 275, 96 NW 2d 356, 361-362.) 10. In this project, the record clearly shows there has always been a functional connection or interdependence between the buildings on this lot. It has also been proven that the percentage of damage in relation to the entire property is less than 50% of its value. The Town's assessment records and personal knowledge of board Page 4 - Appeal No. 4341 Application of JERAD MOTEL/SUNSET MOTEL Decision Rendered October 11, 1995 also never been any question of the former nonconforming use as a legal use, nor is there any question as to the established continued legal conforming use at the property. The property is and has always been on one tax lot, under single ownership, and operated as a single complex. ACCORDINGLY, it is hereby DETERMINED, on motion made by Member Tortora, seconded by Member Dinizio, to REVERSE the 9/7195 determination of the Building Inspector concerning the 8/22195 application of JERAD MOTEL CORP. for a building permit to rebuild In kind and place motel building with efficiency units damaged by fire, 62005 Route 48, Greenport, County Tax Map No. 1000-40-1-1 for the above reasons. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. !g GERARD P. GOEHRINGE CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE !o k o*9 HOUR ,lVe A kc ! Ce �ne rk, owa of South dd i Town Zoning Board of Appeals Variance#7756 dated April 25,2023 BOARD MEMBERS Southold Town Hall " 53095 Main Road•P O.Box 1179 Leslie Kanes Weisman,Chairperson Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �� • 54375 Main Road(at Youngs Avenue) / Southold,NY 11971 IrCOUNTi. 11\R\ http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 2023 Tel.(631)765-1809 Daniel Pennessi 62005 County Route 48 C?raAnport,NY 1-1944 Re: ZBA Application#7756 North Road Hotel,LLC, 62005 CR 48, Greenport SCTM No. 1000-640-1-1 Dear Mr.Pennessi; Transmitted for your records is a copy of the Board's April 20,2023 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities,a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(13)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals,may,upon written request prior to the°date of expiration,grant an extension not to exceed three(3)consecutive on ste(1)year ruts. IT IS THE-r-RQ PERT1---01-N-ER'S •. RESPONSIBILITY.TO:ENSURE.COMPLIANCE WIT-It THE CODE REQUIRED TIME FRAME DESCRIBED HEREIM Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals If you have any questions,please call the office. Sincerely, K6 E.Fuentes Board Assistant Encl. cc:Building Department • BOARD MEMBERS _ Southold Town Hail Leslie Kanes Weisman,Chairperson v��Of soUryoY` 53095 Main Road•P.O.Box 1179 Patricia Acampora �� >,1p Southold,NY 11971-0959 O Eric Dantes ?? ; Office Location: Robert Lehnert,Jr. Z _ Town Annex/First Floor ZIC `r i, 54375 Main Road(at Youngs Avenue) Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS APR 2 4 2023 TOWN OF SOUTHOLD Tel. (631)765-1809 Qou tt d Town er FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20,2023 ZBA FILE#7756 NAME OF APPLICANT:North Road Hotel,LLC PROPERTY LOCATION: 62005 County Road 48(Adj. to the Long Island Sound),Greenport,NY SCTM#1000-40-I-1 SEt<RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated January 12, 2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 March 31, 1023. 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. This determination was made with the following: recommendations; 1) the proposed deck shall not protrude further seaward than the existing deck on the cottage,and shall not be located within the Coastal-Erosion Hazard Area, 2) existing vegetation landward of the top of the bluff should be included as a vegetated buffer. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 141,622 square foot parcel located in the Resort Residential Zoning District. The northerly property line measures 197.57 feet and is adjacent to the Long Island Sound, the easterly property line measures 329.37 feet and southeast at 176.86 feet (total 506.23 feet), the southerly property line measures 319.62 feet and dips south 30.38 feet(total 350.00 feet)and is adjacent to County Road 48, and the westerly property line measures 600.17 feet. The property is improved with a one-story frame residence located at the southwest corner of the property; a two-story frame motel noted as building No. 4 located north of the residence on the western side of the property. East of property Nn. 4 is a one-story frame building No. 3 with an inground swimming pool located in the rear of the building,to the east of building No. 3 is building No. 2 a two-story frame motel. A one-story frame cottage is located in the northeastern corner of the property as shown in the survey map prepared by Nathan Taft Corwin I1I,LS, and last revised December 14,2022. BAS1S OF APPLICATION: Request for Variance from Article XXII, Section 280-116A(i) and the Building Inspector's November 7,2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing building(in conjunction with BP1148244); at 1) located less than the code required 100 feet from the Page 2,April 20,2023 07756,North Road Hotel SCTM No. 1000-40-1-1 top of the bluff; located at:62005 County Road 48 (Adj.to the Long Island Sound),Greenport,NY.SCM#1000-40- 1-I. RELIEF REt2U_ESTED: The applicant requests a variance to construct a deck addition to an existing building(in conjunction with BP#48244). The proposed deck addition,on this conforming 141,622 square foot parcel located in the Resort Residential Zoning District, is not permitted pursuant to Article XXII Section 280-1 16A(1),which states; "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The survey shows the proposed construction at 31.5 feet from the top of the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 6,2023 at which time written and oral evidence were presented. 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: 1. Town Law 6267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is an historic property that has been used as a hotel/motel since before 1960. The property located west is also a resort property. The area surrounding this property has other resort properties and the use of the property will remain the same. 2. Town Law $267-b(3)(b)(2). 'the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject cottage has always had an attached deck on the seaward side and the proposed footprint for the replacement deck is virtually the same. The proposed 195 square foot replacement deck will be used by all guests of the resort property. The cottage has a non-conforming bluff setback so any additions to the seaward side will require variance relief. 3. Town Law§26 7-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 68.5%relief from the code. However,the new deck will simply replace the old deck located on the north of the cottage and then wrap around the side of the cottage. The northerly footprint will remain the same as it has been for many years.The new deck will be more conforming and safer. 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created. The zoning has changed,and this property and its' buildings have existed since before the 1960's. The code change now requires a variance for buildings and structures located on lots upon which there exists a bluff landward of the shore or beach shall be setback not fewer than 100 feet from the top of the bluff. 6. Town Law ;267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to i Page 3,April 20,2023 #7756,North Road Hotel SCTM No. 1000-40-1-1 GRANT the variance as applied for and shown on the survey map prepared by Nathan Taft Corwin III,LS,and last revised December 14,2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall seek approval from the Town of Southold Board of Trustees for a Wetland Permit. This approval shall not be deemed effective until the required conditions have been met At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the BuildingInspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Careful1v Any deviation front the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the reliefgranted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone atry current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LLtiIITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, Dantes, Lehnert,and Planamento(5-0). r f 1b ! i -E eslie Kanes Weisman, Chairperson Approved for filing / /2023 BOARD MEMBERS Southold Town.Hall Leslie Kanes Weisman,Chairperson ��F so a 53095 Main Road•P.O.Box 1179 Patricia Acampora �y tid� O Southold,NY 11971-0959 Eric Dantestt ' Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �O 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http:Hsoutholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 June 5,2023 Daniel Pennessi North Road Hotel,LLC 510 Navy Street Orient,NY 11957 Re: De Minimus Request,File#7756 62005 Route 48, Greenport SCTM No. 1000-40-1-1 Dear Mr. Pennessi, We are in receipt of your correspondence dated June 1,2023 requesting a de minimus approval related to ZBA determination#7756,dated April 20,2023,in which an area variance was granted permitting the construction of a deck addition to an existing building. According to the ZBA decision,the existing deck on the north side of the building was to remain untouched and in place. In your email,you explain that the existing deck showed rot,was in substandard condition,and could not be safely repaired.Consequently you demolished the existing deck and replaced it with a new deck of the same size and with the same setbacks. I have reviewed your request and the photographs that you submitted,and have determined that the change as depicted is de minimus in nature. Please submit to our office two updated and signed surveys indicating the deck replacement and contact our office if you have any further questions or concerns. S' erel , LCu- Leslie Kanes Weisman, Chairperson cc: Building Department Current Survey prepared by Nathan Taft Corwin III a. Three(3) full size, original, stamped versions of said Survey; and b. Six(6)size 11x17 copies of said Survey Proposed Building Plans prepared by studioPedrazzi Architects 1. Three(3)full size, original,stamped versions of said Building Plans; and 2. Six(6)size 11x17 copies of said Building Plans ul c o ❑ o s 3 a c a- o I y � I I I o a. a I v cn I , O I w•�. r.� --,q Ln c I a n uV 00 ! c n V i n W v 7 i` 0 CL rt 0 0 CD cr 0 Q_ I m rt CL Iv Ln r m 71 ca DE m (D r- Ln CD Ln TI �o . 70 0 0 0 n z z 71� -4 --1 m > 7-yam1� Ln > m m 0 0 �n z 0 > 7C- 71, CD 00 c r, 0 z r�'-- - --- - = o) o i ° m °a °� °� v' Z I o o Z D Z m m 3 0 m � CIL a D cn f o CD o N Z L x m m m O C) DCD ( o D Ln co � D _ --- — -- m I Z � 0 n m m O > n 0° m A C Ln � I r i G' 03 rn 6-1 co I-rn c iiz C/) rn > f > G) t I I k r- m m > 0 0 rn > rn m oj r m C> co Cl) m r— i FORM NO. 4 TOWN OF SOU'THOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED FAN C 4 2023 CERTIFICATE OF OCCUPANCYYZoning Board of Appeals NPR. ........Z-62A.... Date ...............................JW AA...... .. T9AA. THIS CERTIFIES that the building located of ./,*.. AMIPPPDXt......Street Map No,. .............*.*?►,.... Block No. ......!v ........... Lot No. ........W*.*........................., ... ........ ...... conforms substantially to the Application for Building Permit heretofore filed in this office dated October 21 58 Z 495 ...............................I........................, 19...... .. pursuant to which Building Permit No. ... ..................... doted .................. 19.......Oc6ober..2]. 58 ......................... .... .,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occuponcy for which this certificate is issued is ................ PRIVATE OM FAMILY D,MMING .................................................................................................................................................................. This certificate is issued to .., ..... ....... (owner, lessee or tenant) of the aforesaid. building. 5 u i I d I n g Inspector FORM NO. 4 TOWN OF scuTHOLD Ji✓ BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. JAN 0 4 2023 Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No Z-24946 _ Date MARCH 20 1997 THIS CERTIFIES that the building 240TSI. UNIT GREENPORT N_Y- Location of Property 62005 COUNTY ROAD �9e Hamlet House No. Street County Tax Map No. 1000 section 9_ 0 Block 1_ ,Lot____�— Subdivision Filed Map NO. Lot No.—� conforms substantially to the Application for Building Permit heretofore � ursuant to which filed in this office dated AUGUST 22, 1995 P Building Permit No. 23179-Z dated OCTOBER 1B, 1996 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 EIGHT UNIT MOTEL TWO STORIES IN IjEIGH'P AS APPLIED FOR & AS PER ZBA #4341 __ The certificate is issued to JERARD MOTEL CORP. (owners) of the aforesaid building. SUFFOLY. COUNTY DEPARTMENT OF HEALTH APPROVAL C10-95-0009-MARCll 3, 199'! UNDERWRITERS CERTIFICATE NO. N-399185 - OCTODER 4, 1996 PLUMBERS CERTIFICATION DATED sEPT. 30, 1996-HENRY P. 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