HomeMy WebLinkAbout#7927SE Hotel Moraine - North Road Hotel, LLC RECEIVED HARRIS BEACH
ATTORNEYS AT LAw
July 30, 2024 JUL 3 0 Z024
THE OMNI
333 EARLE OVINGTON BLVD,SUITE 901
ZONING BOARD
OF APPEALS UNIONDALE, NEW YORK 11 553
Via Electronic Mail Only 516.880.8484
(&iimfCc southoldtowny qov and BRIAN S.STOLAR
Elizabeth.sakarellos town.southold.n .us SENIOR COUNSEL
516.880.8383
Zoning Board of Appeals FAX: 516.880.8483
Town of Southold BSTOLAR@HARRISBEACH.COM
54375 Route 25
Southold, New York 11971
RE: Motel Moraine—Application #7953
Dear Board Members:
I am the Village Attorney for the Village of Greenport (the "Village") and write to
you regarding the pending Motel Moraine application.
It is the Village's understanding that North Road Hotel, LLC d/b/a Motel Moraine is
applying to the Zoning Board of Appeals to construct(a) a new motel building with 10 new
motel units and (b) an addition to an existing motel building with 4 new motel units (the
"Project").
The premises utilizes the Village of Greenport sanitary system (the "Village
System") to accommodate the sanitary discharge emanating from the current motel. The
construction of 14 new motel units will create additional sanitary discharge and
necessarily increase the sanitary flow into the Village System.
Any increase in the discharge amount to the Village System requires agreement
with the Village for the additional flow. Accordingly, the Village requests that if the Zoning
Board approves the above application, the approval include a condition that the applicant
obtain any necessary sanitary sewer approvals from the Village.
In addition, the Village currently prohibits any new or expanded sewer discharge
into the Village System. The Village's primary sewage collection system piping was
damaged recently and, as determined by the Village, any further pipeline failure damage
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 effect until at least December 2024.
Please take the above into account in your review of this application.
Zoning Board of Appeals HARRIS BEACH
July 30, 2024 ATTORNEYS AT LAW
Page 2
Thank you.
Very truly yours,
Is/Brian S. Stolar
Brian S. Stolar
c: Ms. Heather M. Lanza, AICP
Mr. Mark Terry
Paul DeChance, Esq.
Julie McGivney, Esq.
Planning Board, Town of Southold
Mr. Adam Hubbard
Mayor and Trustees, Village of Greenport
C� COUNTY OF SUFFOLK
r,
EDWARD P.ROMAINE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING
SARAH LANSDALE
COMMISSIONER V b4'
ELISA PICCA
CHIEF DEPUTY COMMISSIONER
Town of Southold R� �34 RECEIVED
53095 Main Road 5 2B24 JUL 18 2024
P.O.Box 1179 �UL 21
Southold,NY 11971 Appeals out o d own
Attn: Heather Lanza,Planning Director Zoning Board of App Planning board
Re: Hotel Moraine Expansion
Zoning Action: Site Plan
Municipal File No./Public Hearing Date: N/A
S.C.T.M.No.: 1000 040000 0100 001000
S.C.P.C. File No.: ZSR-24-42
Dear Director Lanza:
The Suffolk Planning Commission at its special meeting on July 10,2024,reviewed the referral
from the Town of Southold entitled, "Hotel Moraine Expansion"referred to it pursuant to
Section A14-14 thru A14-25, Article XIV of the Suffolk County Administrative Code.
The attached Resolution signifies action taken by the Commission relative to this application.
Very Truly Yours,
�,74��e C�y�
By Christine DeSalvo
Joseph E. Sanzano,Planning Director
JES/cd Division of Planning and Environment
cc: Brian Cummings, Senior Planner
H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,2""FI■ P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 a (631)853.5191
File No. SD-24-04
Resolution No. ZSR-24-42 of the Suffolk County Planning Commission
Pursuant to Sections A14-14 to through A14-25 of the Suffolk County Administrative Code
WHEREAS, pursuant to Sections A14-14 through A14-25 of the Suffolk County Administrative Code,
a referral was received on June 6, 2024 at the offices of the Suffolk County Planning
Commission with respect to the application of"Hotel Moraine Expansion"located in the
Town of Southold; and
WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting
on July 10, 2024; now, therefore be it
RESOLVED, pursuant to Section A14-16 of the Suffolk County Administrative Code and Section 239-
m 6 of the General Municipal Law, the referring municipality within thirty (30)days after
final action, shall file a report with the Suffolk County Planning Commission, and if said
action is contrary to this recommendation, set forth the reasons for such contrary action;
and be it further
RESOLVED, that the Suffolk County Planning Commission Approves the variance and site plan
for Hotel Moraine Expansion with the following comments to be offered to the Town of
Southold for its consideration and use:
1. The applicant is encouraged to utilize green infrastructure to minimize
community and environmental impacts' and reduce both private and public
development costs. As such, the Applicant should review the Suffolk County
Planning Commission publication on Managing Stormwater-Natural Vegetation
and Green Methodologies and incorporate into the proposal, where practical,
design elements contained therein; i.e., rain gardens, permeable pavement and
bio-swales.*
2. New and reconstructed areas need an operational plan to keep catch basins,
stormwater grates and drywelis clear and functioning. Proposed infrastructure
should promote drainage from floods.The applicant may be required to prepare
a NYS Stormwater Pollution Prevention Plan (SWPP) for the redevelopment of
the site and receive all required state and local approvals before commencing
work at the subject property.
3. The applicant should be directed to begin/continue dialogue with the Village of
Greenport verify ability to receive additional wastewater and received required
approvals to utilize VSD-01 district.
4. All new commercial buildings to the greatest extent possible, should be
designed and constructed to minimize energy consumption and improve
environmental quality. The applicant should be encouraged to review the
Suffolk County Planning Commission Guidebook particularly with respect to
renewable energy&energy efficiency and incorporate where practical, for later
development stages, elements contained therein applicable for ccmponentsof
the proposal;i.e. rooftop solar panels,permeable pavement, etc.**
5. As discussed in the Suffolk County Planning Commission Guidebook all new
development with parking lots should have plans for (2%) of off street parking
stalls to become future EV charging stations,which will aid with greenhouse gas
reduction.
6. The applicant should be directed to review the Suffolk County Planning
Commission Guidelines on public Safety and Universal design and
incorporate where practical design elements therein.
7. The Applicant should/start continue dialogue with the Suffolk County Department
of Public Works with respect to any anticipated roadway improvements Old
Country Road (CR48).
8. The applicant should be required to acknowledge in writing to the municipal
board that the approval of the action with or without conditions in no way commits
either the municipality or the County of Suffolk to any program to protect the
property from shoreline erosion through the construction of engineering or other
works.
9. Consistent with the Suffolk County Planning Commission's Guidebook's Specific
Design Policies for applications in the vicinity of residentially zoned land. The
subject property should be encumbered by appropriate operational restrictions
to adequately protect nearby residences (i.e., limitations on lighting, hours of
operation,truck deliveries,garbage pick-up, truck idling, trash compaction,etc.).
'Link to Suffolk County Planning Commission publication Managing Stormwater-Natural Vegetation and Green Methodologies:
htt s llsuffolkcounl n _ ovl orialslolformsdoesl I nnin ! Plan in C mmiss' nf2Q1 IfU! n in A 2Q tartnwater. df
•Link to Suffolk County Planning Commission Guidebook:
3itt s:llsuft [kcounl n ovl rtaislt7lformsdats t nnin Puhli tians12t7 3 5 rfalk Caun[ P[annino Commis ion Guidebna df
DATE: 7/10/24
ZSR-24-42
File No.: SD-24-04
Hotel Moraine Expansion
Site Plan and Variance
Town of Southold
COMMISSION ACTIONS OF DISAPPROVED RESOLUTION
AYE NAY ABSTAIN ABSENT
BALDWIN, STEPHANIE—At Large X
CASEY, JENNIFER-Town of Huntington X
CONDZELLA, JOHN—Town of Riverhead X
DOTY, DAVID—Town of East Hampton X
FINN,JOHN -Town of Smithtown I X
FLYNN, DANIEL—Town of Southampton X
GALLE, ELIZABETH—Town of Shelter Island X
GERSHOWITZ, KEVIN G.- At Large X
KAUFMAN, MICHAEL- Villages under 5,000 X
KITT, ERROL—At Large X
LEWIS, LASCHECA, Town of Babylon X
MCCARTHY, THOMAS -Town of Southold X
MCCARTHY, TIMOTHY—Town of Islip X
PERRY, LISA—Villages Over 5,000 X
VANDENBURG, MICHAEL-Town of Brookhaven X
Motion: Commissioner Thomas McCarthy Present: 10
Seconded: Commissioner Perry Absent: 5
Voted: 10
Abstentions: 0
DECISION: Approval with Comments
Date: 7/10/24
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���3ICE LOCATION: �� MAILING ADDRESS:
5 Town Hall Annex '� P.O.Box 1179
4375 State Route 25 Southold, NY 11971
car. Main Rd. &Youngs Ave.) G Telephone: 631 765-1938
-d Southold, NY 11971 ,'�►�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD _1qX_75�t
I
MEMORANDUM Received
To: Leslie Weisman, Chair JUL 2 9 2024
Members of the Zoning Board of Appeals
Zoning Board of Appeals
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date July 29, 2024
Re: LWRP Coastal Consistency Review for ZBA File Ref NORTH ROAD HOTEL, LLC,
HOTEL MORAINE#7927SE and #7953
SCTM No. 1000-40-1-1.
NORTH ROAD HOTEL, LLC, HOTEL MORAINE #7927SE - Request for a Special Exception
pursuant to Article VII, Section 280-35B(4) and the Building Inspector's January 24, 2024 Notice of
Disapproval based on an application for a permit to construct a new motel building (10 units) and to
build an addition to an existing motel building (4 units) upon a parcel that measures 3.251 acres in total
area, at; located at 62005 County Road 48, (Adj. to Long Island Sound) Greenport, NY. SCTM 1000-
40-1-1; and
NORTH ROAD HOTEL, LLCIMOTEL MORAINE #7953 - Request for a Variance from Article
VII, Section 280-35B(4)(a) and the Building Inspector's January 24, 2024, Notice of Disapproval based
on an application for a permit to construct a new motel building (10 units) and to build an addition to an
existing motel building (4 additional units) at; 1) parcel is less than the code required minimum size of
five (5) acres; at: 62005 County Road 48,( Adj. to the Long Island Sound) Greenport, NY. SCTM No.
1000-40-1-1.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, the proposed action is INCONSISTENT with the UAW below-listed policies and
therefore, INCONSISTENT with the LWRP:
Policy ]. 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.
The RR zoning district requires a minimum parcel size of 5 acres for hotel use. This parcel,
which is 3.25 acres, does not meet this requirement, and therefore, the existing hotel use is
nonconforming. The proposed expansion will consist of a 4,588 sq. ft. building with ten(10)
hotel rooms and a 2,040 sq. ft. addition to an existing building with four(4) hotel rooms.
To the north is the Long Island Sound waterbody. To the east is a 1.02 acre "R-80" zoned
improved parcel; to the west is a 7.12 acre "RR" zoned parcel with an existing condominium
complex.
It is important to note that this commercial use is an outlier surrounded on one side by
Residential 80 zoned properties and residences. A 15' side yard setback is proposed to the
eastern property line. The concern about the 15' side yard setback is that it abuts a residential
parcel with a narrow side yard. Once the new addition and building are constructed, this and
other surrounding residences would be expected to experience adverse impacts from noise
capable of degrading the quality of life during hotel operations.
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:
A. Minimize potential loss and damage by locating development and structures away from
flooding and erosion hazards.
1. 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.
b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion
Hazard Areas.
The hotel use is not water-dependent. The proposed new construction of a 4,588 sq.
ft. building is seaward of the existing buildings and closer to the coastal erosion
hazard area(CEHA). The CEHA demarks a high bluff on the parcel where
development should be minimized, with structures set back from the bluffs. These
areas are susceptible to high winds and large bluff erosion events from 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 reduction of hazards
and protection of resources.
Definitions
Coastal Barrier Resource Area is any one of the designated and mapped areas under
the Coastal Barrier Resources Act of 1982, (P.L. 97-348), and any areas designated
and mapped under the Coastal Barrier Improvement Act of 1990 (P.L. 101-591), as
administered by the U.S. Fish and Wildlife Service, and any future designations that
may occur through amendments to these laws.
Coastal Hazard Area is any coastal area included within the Erosion Hazard Area as
designated by the New York State Department of Environmental Conservation
pursuant to the Coastal Erosion Hazard Areas Act of 1981 (Article 34 of the
Environmental Conservation Law), and any coastal area included within a V-zone as
designated on Flood Insurance Rate Maps prepared by the Federal Emergency
Management Agency pursuant to the National Flood Insurance Act of 1968 (P.L. 90-
448) and the Flood Disaster Protection Act of 1973 (P.L. 93-234).
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the proposed action.
Cc: Paul DeChance, Town Attorney
RECEIVED
Southold Town Planning Board, JUL 52024
Southold< NY 11971-0959
ZONING BOARD pFAPAFgLS
Dear Ms. Michaelis -7(3 a 7 S,
This letter is in response to a certified letter we received on Monday 7/1/2024. The letter was
mailed from Orient on 6/28/2024 and was dated 6/10/2024.
The letter from Petitioner/Owner: North Road Hotel_LLC*62005 Route 48, Greenport, NY
11944. The letter proposes the expansion of existing hotel structures, one adjacent to our
home at 62175 route 48, Greenport, NY 11944.
We object this proposed expansion for the following reasons:
1-The proposed structure is too close to our outdoor sitting area.
2-The pollution from noise, increased traffic and outside cooling and heating units will destroy
The tranquility of our outdoor area.
3- in the current situation, the existing structure on the hotel property have long hours of music
And hotel guest noise that we endure.
4-We are concerned about the impact of such expansion on our property value.
5- Increased road traffic to the area will be an added hazard.
6-The hotel owner has installed a partial fence between the properties with the unfinished side
of the fence facing us. This fence should be extended to the full property length. During the
installation of the partial fence ; the main electric cable to our house was severed
by the installers. PSEG was not contacted prior to the installation. We were left with no heat
and no power during winter time. The house was 34 degrees and all the food in the refrigerator
was spoiled and disposed in the garbage. I spent a lot of time to meet some electricians for
estimates and finally I got it repaired only; not replaced. This caused much pain, suffering and
aggravation to my health as a Disabled American Veteran. Please see my Text to Mr. Pennessi
on April 3, 2024. 1 received $624.59 for the repair from Mr. Pennessi.
Thank you for your attention to this matter.
Jill Sharif, MD
Samir Attia
1 V L