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