HomeMy WebLinkAbout240603 Southold Planning Board re Silver Sands rcvd 6-3-24June 3, 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:
I am the
Village Attorney for the Village of Greenport (the “Village”) and write to you regarding the pending Silver Sands Restaurant application.
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”).
On April 8, 2024, we submitted a letter regarding the Village’s concerns about the Project.
As discussed below, the Village requests that any approval issued by
the Planning Board include as a condition that the applicant shall obtain any necessary sanitary sewer approvals. In this regard, we submit that an approval is required from the Village
of Greenport to permit the proposed use to utilize the Village’s sanitary sewer system.
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 for:
21 motel units
2
dwellings
8 cottages
1 swimming pool
The agreement does not authorize any other use of the Village system. Thus, any existing or proposed restaurant, commercial kitchen, bar, office
or meeting room were not envisioned in 1987 and were not part of the agreement authorizing the use of the Village system.
The Village retained the services of an engineer regarding the sanitary discharge in relation to the proposed uses. As part of that review, the engineer has analyzed the engineering
calculations provided by the applicant’s engineer. Based on that review, the engineer reports that the projected maximum daily sanitary flow will be 6,324 gallons per day (gpd) (the
applicant’s engineer concluded that the daily flow would be 5,237 gpd). Applying current Suffolk County standards, the engineer also determined that the discharge resulting from the
original site configuration would be 4,263 gpd. Thus, the anticipated discharge would increase by more than 2,000 gpd (and 1,000 gpd more applying the applicant’s calculations) above
the discharge flow contemplated in 1987.
The Village submits that the increased discharge requires Village approval. Moreover, to the extent that the increased discharge is determined
by the Village to be an expansion, the applicant also may be subject to the Village’s current moratorium prohibiting such expansion.
If the Planning Board is to grant approval, the Village
requests that such approval include a condition that the applicant obtain any necessary sanitary discharge approvals from the Village.
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 the Town continues to provide the Village will all SEQRA notices, including
any intent to serve as lead agency, as part of the Town’s environmental review process.
Thank you.
Very truly yours,
/s/ Brian S. Stolar
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