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HomeMy WebLinkAbout240408 Southold Planning Board re Silver Sands.pdf (4863-9937-9893 1)HARRIS BEACH ATTORNEYS AT LAW April 8, 2024 Via Electronic Mail Only Planning Board Town of Southold 54375 Route 25 PO Box 1179 Southold, New York 11971 RE: Silver Sands Restaurant Dear Board Members: THE OMNI 333 EARLE OVINGTON BLVD, SUITE 901 UNIONDALE, NEW YORK 1 1553 516.880.8484 BRIAN S. STOLAR SENIOR COUNSEL DIRECT: 516.880.8383 FAX: 516.880.8483 BSTOLAR@HARRISBEACH.COM I am the Village Attorney for the Village of Greenport (the "Village") and write to you regarding the pending Silver Sands Restaurant application on the Board's agenda tonight for discussion in relation to the Zoning Board of Appeals request for comments. It is the Village's understanding that Silver Sands is applying to the Town to (a) convert (i) an existing boathouse to a freestanding restaurant with office and storage spaces for restaurant operations, (ii) an existing single family dwelling to a commercial kitchen for the restaurant, and (iii) a guest in-ground swimming pool to a public swimming pool, and (b) permit an accessory seasonable outdoor barbeque area (the "Project"). For the reasons set forth herein, the Village has substantive and procedural concerns regarding the Project. In 1987, pursuant to an agreement with the then owners of the Silver Sands property (the "Premises"), the Village agreed to permit municipal sewage collection with necessary connections to the Village of Greenport for the then contemplated use of the Premises solely for motel residential units, two (2) dwellings, eight (8) cottages and an accessory swimming pool (the "Permitted Use"). Thus, in accordance with that agreement the Village has authorized Silver Sands to tie in to the Village's sewage collection system only for the Permitted Uses. The agreement also provided a sewage piping plan and the tie in to the Village's system was limited to connections based on that plan (the "Approved Plan"). This agreement does not authorize any restaurant use (existing or proposed), commercial kitchen or other use not identified as a Permitted Use to utilize the Village's sewage collection system. In fact, the agreement contains no reference to a restaurant use or commercial kitchen and the Village is aware of no other authorization to permit the current restaurant to use the Village's collection system. The current proposal seeks to modify the uses on the Premises, including the addition of a restaurant, commercial kitchen and public swimming pool, and incorporate additional sewage piping and connections, none of which are incorporated into the 1987 agreement, and which have the potential to significantly increase current sewage flow from the Silver Sands premises into the Village's primary wastewater collection system Planning Board April 8, 2024 Page 2 HARRIS BEACH ATTORNEYS AT LAW piping and the Village's Sewage Treatment Plant. None of the proposed site modifications have been approved pursuant to an amendment to the agreement. Compounding the current lack of Village authorization to permit the use of the collection system for the proposed uses and the potentially significant increase in sewage capacity, on January 4, 2024, the Village imposed a prohibition on new or expanded sewer connections. A copy of the Board of Trustees' minutes containing the prohibition resolution is attached. This resolution also was preceded by the Mayor's emergency declaration that similarly restricted new and expanded sewer connections. As stated in the resolution, "on December 5, 2023, the [Village's] primary sewage collection system piping sustained damage that resulted in a leak requesting emergency repairs and the suspension of sewage collection service, and ... the same primary piping sustained additional damage approximately 2 years ago, and ... the December 5 infrastructure failure and the previous failure of the same infrastructure evidence addition or expanded connections to the [Greenport Sewage Treatment Plant] may exacerbate environmental damage caused by potential further failures of piping that serves as an artery for the majority of the sewage collected, and... if additional wastewater is conveyed through the piping system, a pipeline failure could cause extensive environmental harm and threaten the health and safety of residents, and additional sewage flow from new or expanded connections poses an imminent threat to the public's health. safety and welfare." This prohibition remains in place. Thus, the proposed development cannot proceed without first obtaining the Village of Greenport's approval to permit the additional sewage connections and flow and such connection is currently precluded by the Village's emergency resolution. Accordingly, from a substantive and procedural viewpoint, the proposed conversion and use for restaurant related and commercial cooking purposes would not now be permitted. And, from a procedural perspective, absent either (a) authorization and an ability to utilize the Village sewage collection system or (b) a proposed on-site sewage treatment plant (designed in compliance with wetland and applicable New York State and Suffolk County treatment collection regulations), the proposal results in the potential for a significant adverse environmental impact that cannot be mitigated. Thus, as proposed, the site modifications necessitate a positive declaration under the State Environmental Quality Review Act (SEQRA) and the Board must require an environmental impact statement and compliance with applicable SEQRA regulations. We also note that the Village is a SEQRA involved agency, and not only must a lead agency be determined, but coordinated review is required. Please assure that all Planning Board April 8, 2024 Page 3 HARRIS BEACH ATTORNEYS AT LAW SEQRA notices, including any intent to serve as lead agency, are provided to the Village as part of the Town's environmental review process. Thank you. Respectfully yours. Brian S. Stolar c: Ms. Heather M. Lanza, AICP Mr. Mark Terry Paul DeChance, Esq. Julie McGivney, Esq. Zoning Board of Appeals, Town of Southold Mr. Adam Hubbard Mayor and Trustees, Village of Greenport LAG, 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 villageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 WHEREAS, any expansion of the system without addressing repair issues may render the piping to be increasingly prone to cracks and breaks, and WHEREAS, the December 5 infrastructure failure and the previous failure of the same infrastructure evidence additional or expanded connections to the GSTP may exacerbate environmental damage caused by potential further failures of piping that serves as an artery for the majority of the sewage collected , and WHEREAS, any further failures or damage poses an imminent threat to the health and safety of persons residing in the Village and the area where such damage has occurred and ecological and environmental harm to natural resources in and around the Village, and WHEREAS, such failure will restrict the ability of the GSTP to process sewage from properties currently connected to the GSTP, and WHEREAS, if additional wastewater is conveyed through the piping system, a pipeline failure could cause extensive environmental harm and threaten the health and safety of residents, and WHEREAS, additional sewage flow resulting from new or expanded connections poses an imminent threat to the public's health, safety and welfare, and WHEREAS, the Village is commencing a review and analysis of the totality of the circumstances relating to the GSTP primary collection piping damage, which analysis will include a conditions assessment report, evaluation of potentially viable solutions for repair and/or replacement, the costs of any such proposed solution, and the inherently sensitive environmental and public health concerns that may result from a further failure, and WHEREAS, in accordance with the police power delegated to the Village by New York State and the Village's standing as the stewards of the Village's health, safety and environment, the Village is obligated to take steps necessary to protect the heath, safety and welfare of the Village and its residents and of the Village's resources and natural environment, and WHEREAS, the Board of Trustees has determined that a temporary restriction on new connections or expansion of sewage flow from existing connections is necessary to preserve the public health, safety and welfare and to protect against the imminent threat to the health and safety of persons residing in the Village and its immediate surroundings, and the aforesaid recitals taken together constitute the rationale of such necessity and urgency. NOW, THEREFORE, BE IT RESOLVED v.A. GE • 4.1/11110Mas. ,,........,C-1, Est 1838 A, frteNr° 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 vlllageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 1. The Board of Trustees finds and determines that the foregoing recitals are incorporated herein as set forth in full. 2. The Board of Trustees finds that the adoption of this resolution is an Unlisted Action under the New York State Environmental Review Act (SEQRA), that the Board has reviewed a short environmental assessment form and the text of this resolution, and finds and concludes that the Board of Trustees as lead agency with respect to environmental review of the proposed resolution: 1. the Board has thoroughly reviewed the Short Environmental Assessment Form (Short EAF); 2. the Board also has considered the following factors and made the following conclusions in respect to its review of the environmental impacts of the proposed action: (a) the proposed action would not result in any substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, nor any substantial increase in solid waste production, nor create a substantial increase in the potential for erosion, flooding, leaching or drainage problems; (b) the proposed action would not result in the removal or destruction of large quantities of vegetation or fauna, substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on a significant habitat area, substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species, or other significant adverse impacts to natural resources; (c) the proposed action would not impair the environmental characteristics of any Critical Environmental Area; (d) the proposed action would not conflict with the community's current 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 vlllageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 plans or goals as officially approved or adopted; (e) the proposed action would not impair the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character; (f) the proposed action would not result in a major change in the use of either the quantity or type of energy; (g) the proposed action would create a hazard to human health; (h) the proposed action would not create a substantial change in the use, or intensity of use, of land, including agricultural, open space or recreational resources, or in its capacity to support existing uses; (i) the proposed action would not encourage or attract large numbers of persons to any place for more than a few days, compared to the number who would come to such place without such action; 0) the proposed action would not create changes in two or more elements of the environment, no one of which would have a significant impact on the environment, but when taken considered together would result in a substantial adverse impact on the environment; (k) the proposed action would not create substantial adverse impacts when considered cumulatively with any other actions, proposed or in process; (1) the proposed action would not result in substantial adverse impact with respect to any relevant environmental consideration, including noise, aesthetics, \\......,C". St 18.38 v I tENP 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 villageofgreenportorg MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 traffic, air quality, water quality or adequacy of water supply, drainage, soil conditions, or quality of life in the community in general and the immediate neighborhood in particular; (m) the proposed action would enhance the protection of the environment in the Village, in that it would preserve and maintain the existing character of the Village; (n) the proposed action would not have a significant adverse effect environmental impact; (o) no further environmental review is required with respect to the proposed action, and (p) the Mayor, or his designee, is authorized to execute the Short EAF in a manner consistent with the foregoing findings concluding that the proposed action will not result in a significant adverse environmental impact 3. From today, and for a period of six (6) calendar months, there shall be no new connections to the Village of Greenport sanitary sewer system, including but not limited to the Village's sanitary sewer collections system, or modifications to existing connections where such modification may result in increased production of waste from a site with an existing connection to the Village's sewer facilities, except as follows: (a) Replacement of existing sewer connection laterals shall be permitted upon approval by the Superintendent of the GSTP or his designee in accordance with Chapter 105 of the Code of the Village of Greenport, (b) All connections for work authorized by a previously issued and currently open permit, and E Est 1838 E p0 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 villageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 (c) New sanitary sewer connections that may be approved by the Board of Trustees upon recommendation from the Superintendent of Public Works of the Village of Greenport in accordance with Chapter 105 of the Code of the Village of Greenport. 4. Any person, entity or applicant for a property development approval whose application has been filed as of today may submit a written application to the Board of Trustees requesting relief from this connection restriction setting forth the reasons why the restriction should not apply to their proposed connection. Such application must identify the quantity of expected or anticipated wastewater and the reason why the restriction should not apply. Upon receipt of such request, the Board will make a determination either approving or denying the request. RESOLUTION BE IT RESOLVED, effective January 1, 2024, that the rights and obligations of Lamb & Barnosky, LLP pursuant to the retainer agreement presently in effect, will be assigned to and assumed by the law firm of Keane & Beanne, P.C.; and RESOLUTION BE IT RESOLVED, effective January 1, 2024, that the Board terminates the retainer agreement with Lamb & Barnosky, LLP. COMMENTS FROM THE PUBLIC ADJOURN SPECIAL MEETING ,..4\vAGE Est 1838 E V 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 villageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 January 3, 2024 To: Board of Trustees From: Paul J. Pallas, Village Administrator Re: December 5, 2023 Sewer Main Damage As you are aware we had a significant sewer break on the main line between the main pump station and the sewer treatment plant at the corner of Kaplan Avenue and North Street on December 5'. This is the second time in two years the line has broken in this location. The recent damage to the Village's primary wastewater collection system piping and the consequent environmental and public health concerns resulting from new and repeated damage to the system necessitated the emergency order while we study any and all issues. Per the Mayor's emergency order, the conditions threaten or imperil ecological and environmental resources in and around the Village of Greenport and the public safety of citizens of the Village. The village system has 17 miles of sewer pipes of varying age and condition as well as 8 pump stations, many of which require some level of repair or replacement per the 2019 asset management study. The collection system assets (sewer pipes and manholes) need to be reviewed taking in to account current conditions, recent emergencies and prior recommendations. Additionally, the main treatment facility has ongoing work and repairs, which should be evaluated relative to current conditions and prior recommendations. Taking in to account the recent issue with the main line it is imperative to do an updated condition analysis in order to prioritize and fund needed repairs and replacements before decisions are made to expand the existing system. As discussed, the Village should endeavor to bring on a consultant to help evaluate the system and make recommendations. , A G Est 1838 tNP 236 THIRD STREET GREENPORT, NY 11944 Tel: (631)477-0248 Fax: (631)477-1877 villageofgreenport.org MAYOR KEVIN STUESSI EXT 215 TRUSTEES MARY BESS PHILLIPS DEPUTY MAYOR PATRICK BRENNAN LILY DOUGHERTY-JOHNSON JULIA ROBINS VILLAGE ADMINISTRATOR PAUL J. PALLAS, P.E. EXT 219 VILLAGE CLERK CANDACE HALL EXT 214 Board of Trustees Village of Greenport Special Meeting Third Street Fire Station Third and South Streets Greenport, NY 11944 Thursday, January 4, 2024, at 5:OO p.m. MOTION TO OPEN THE SPECIAL MEETING PLEDGE OF ALLEGIANCE BOARD DISCUSSION The adoption of emergency measures to address recent damage to the Village Sewer Facilities. RESOLUTIONS RESOLUTION RESTRICTING NEW AND EXPANDED SEWER CONNECTIONS WHEREAS, the Village of Greenport original sanitary sewer system was constructed in the 1850s, and consists of 17 miles of sewer pipes and 8 pumping stations, and WHEREAS, on December 5, 2023, the primary sewage collection system piping sustained damage that resulted in a leak requiring emergency repairs and the suspension of sewage collection service, and WHEREAS, the same primary piping sustained additional damage approximately 2 years ago, and WHEREAS, the Village Administrator, in consultation with the Greenport Sewage Treatment Plant (GSTP) Manager, has reported that the sewer piping is of varying age and condition and many of the pumping stations require some level of repair, and