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HomeMy WebLinkAbout1000-38.-7-7.1 "PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 / /~ KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON J~~nU.._Xo.WNS!lI~,1i!.:"~' . i' \ . -......-..-.--. - , j """'...... ' ,.... ~ f" 1',', 'I [' ''';,1 . J ~ . j , " . - - . ... jJ )pLANNING BOARD OFFICE ... TOWN OF SOUTHOLD To: Town of South old Planning Board Town of Southold Zoning Board of Appeals Town of South old Board of Trustees Mike Verity, Chief Building Inspector rc..... .... '" ("............... "''''--'-~1 : t "f]';' ,f""T) -RI F'r.', · i! ~ , ;''' -,:-:~, [<'.\ k,:~~" : '! ' ;("--> L J;;. J'f,...'ili jj .,,' 44":, , ...~J "--__'.._n'."_ From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: November 6 , 2006 Re: Proposed Site Plan for Gaia Holistic Circle at East Marion SCTM #1000-38-7-7.1 Zone: M-Il This proposed action requires a special exception and site plan to construct a holistic health center with a total of 1 14 transient motel rooms consisting of23 guest lodges totaling 87 accessory motel units (14 lodges containing 3 unit motel rooms & 9 guest lodges containing 5 unit motel rooms). The remaining 27 motel units are to be located in the main spa building along with a 185 seat restaurant (103 private guest seats, 72 public guest seats), 10 public bar seats, office space, retail gift shop, 27 personal service treatment suites and accessory uses. The proposed action also involves a 3,864 sq. ft. private restaurant annex with 45-99 private guest seats and a covered 758 sq. ft. deck, 1,987 sq. ft. manager's residence with a 687 sq. ft. deck, pool, a 7,205 sq. ft. maintenance and utility building, a sanitary waste treatment facility, 1,160 sq. ft. for three (3) gazebos, man-made water features, replacement of the existing bulkhead, dredging of the 16 slip private marina basin, and various outdoor amenities on a 18.7 acre parcel in the MIl Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7- 7.1 The L WRP identifies the former Long Island Ovster Farm site at the foot of Old Shipvard Lane as a underutilized commercial propertv. It is discussed in detail in Subsections. 7 and B. Section V Subsection 7 states "the abandoned fish processing site at the foot of the Shipvard Lane. at Cleaves Point. has great potential to provide additional public access to the water as a Town marina. The Heavv use of the ramp at gull Pond Inlet suggests a need for more good Boating access between Greenport Village and Orient Harbor." In addition. the L WRP identifies the site in section B. Sununarv and Conclusions; Item I. Opportunities for land use changes: as "having potential to be developed into a multi-use facility accommodating water enhanced recreational uses as well as the typical water dependent uses allowed under the existing zoning. This site is also a 1 , feasible location for a Town marina. Public ownership of this site may be more compatible with the surrounding residential neighborhood than commercial operation. It would also provide access within this reach" The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action supports most of the policies of the L WRP, however, the proposal is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the L WRP based upon the following: Policy 4. Minimize loss of human life, structures, and natural resources from flooding and erosion. Policy Standards 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 !!:!:l!!, Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The term Water-devendent use means a business or other activity which can onlv be conducted in. on. over. or adiacent to a water body because such activity reQuires direct access to that water body. and which involves. as an integral part of such activitv. the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. Portion ofthe property are located within the Coastal Erosion Hazard Area as identified bv the NYSDEC Coastal Erosion Hazard Area Map. Portions of the Transient Motel building. proposed outdoor terrace. a portion of the parking area and leaching fields are all Proposed seaward of the Coastal Erosion Hazard Line. It is recommended that the structures be relocated to the greatest extent practical to meet the above policv and sub- policies 2. Avoid reconstruction of structures, other than structures that are part of a water-dependent use, damaged by 50% or more of their value in coastal hazard areas. The Transient Motel and accessory uses are proposed to be built within the footprint of the Oyster processing facilitv. The use is not a "water 2 dependent" use. However. the percent of value loss has not been provided and therefore a recommendation on whether the proposal meets this policv cannot be made. The proposed marina is a water dependent use. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. The Transient Motel. restaurant and other accessory uses do not reauire a coastal location and therefore are inconsistent with this sub-policy. It is recommended that the structures be designed and/or located to avoid flooding and erosion hazards. b. water-dependent uses which caunot avoid exposure to hazards. The proposed marina is the only water dependent use within the proposal. There is no ability to relocate the marina. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. A public use is not proposed and therefore the action in inconsistent with this sub-policy. d. sites where relocation of an existing structure is not practical. The applicant proposes to reconstruct the main building which houses the Transient Motel. restaurant and other accessory uses within the original footprint of the Oyster processing facility. However. the building is located within Flood Zone AE Zone Elevation 9. an "Area of Special Flood Hazard". It is recommended that the applicant amend the proposal to the greatest extent practical to avoid and/or mitigate all potential flooding and erosion hazards. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The main building which houses the Transient Motel. restaurant with other accessory uses. sleeping units l6C. l7C and l8C. the pool house and pool. and the Transient Motel private cafeteria are located in Flood Zone AE Zone Elevation 9. an "Area of Special Flood Hazard". Therefore the proposed action is inconsistent with the above policy and sub-policies. Flood Zone AE Zone Elevation 9 corresponds to the 100 year floodplains that are determined in the Flood Insurance Study by detailed methods. A 3 100 year flood refers to an eleyation that has a I % chance of being exceeded or equaled each year. It is recommended that the applicant amend the proposal to the greatest extent practical to mitigate all potential flooding hazards. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. c. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters D. A limited interference with coastal processes may be allowed where the principal purpose ofthe structure is necessary to: 1. simulate natural processes where existing structures have altered the coast 2. provide necessary public benefits for flooding and erosion protection 3. provide for the efficient operation of water-dependent uses Limited interference is to be mitigated to ensure that there is no adverse impact to adjacent property, to natural coastal processes and natural resources, and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. 4.3 Protect public lands and public trust lands and use of these lands when undertaking all erosion or flood control projects. A. Retain ownership of public trust lands which have become upland areas due to fill or accretion resulting from erosion control projects. (However, in situations where erosion control projects have created public land updrift, but also resulted in damage or erosion to public lands and public trust lands down drift of the control structure, the public benefit of that structure or project should be re-examined and appropriate modifications made as conditions suggest.) Public lands on the property involve all waters of the state UP to the high tide mark. The placement of channel bulkheads entering the marina has caused the re- nourishment of the beach to the northeast of the bulkheads (uudrift) and the severe erosion of the beach to the southwest of the channel bulkheads (downdrift). This area has eroded to landward of the shoreline east/west timber bulkhead forcing the low/high tidal range to move landward from the historic location. The high tide mark is now located north of the failed shoreline east/west timber bulkhead. The alteration of the tidal range on the property is a direct result of the channel bulkheads and therefore it is recommended that the length of the bulkheads in the channel be re-evaluated to allow the beach to naturally re- establish and improve public access in the area southwest of the channel. 4 B. Avoid losses or likely losses of public trust lands or use of these lands, including public access along the shore, which can be reasonably attributed to or anticipated to result from erosion protection structures. The beach to the northeast of the channel bulkheads is accessible to the public to the northeast bulkhead. The beach southwest of the channel bulkheads has significantlv eroded. The erosion of the beach coupled with the large amount of hardened shoreline structures severelv limit public access. It is recommended that the length of the channel bulkheads be re-evaluated to allow the beach to naturallv re-establish. 4.4 Manage navigation infrastructure to limit adverse impacts on coastal processes. A. Manage stabilized inlets to limit adverse impacts on coastal processes. 1. Include sand bypassing at all engineered or stabilized inlets which interrupt littoral processes. 2. Avoid extending jetties when it will increase disrnption of coastal processes. 3. Consider removing existing jetties when they do not protect existing water-dependent uses and disrupt coastal processes. As indicated above the channel bulkheads have disrupted the normal sand drifting patterns and have caused adverse impacts to the natural coastal processes. The length of both the north and south bulkheads should be re- evaluated and re-designed to improve the natural sand downdrift process to the greatest extent practical to meet the above sub-policv. B. Design channel construction and maintenance to protect and enhance natural protective features and prevent destabilization of adjacent areas. See above response. Policy 5. Protect and improve water quality and supply in the Town of Southold. 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, tloatables, refuse, and suspended solids). In June of 2005. a Phase II Environmental Assessment report was prepared for the site bv Longshore Environmental Inc. The report concludes that the site contains MTBE's. areas of petroleum impact. and levels of copper and zinc that exceed NYDEC recommended soil cleanup objectives. 5 One concern with the results listed in the report is that soil analvsis was not performed at all areas containing underground storage tanks. including a 10,000 gallon Diesel underground storage tank. It is stronglv recommended that the Board require a that soil analvsis be condncted for all nndereround storaee tanks storine petroleum products and require that a remediation plan to clean UP the contaminated sites be submitted to the Town.. In addition. it is stronelv recommended that anv dredee spoil and fill soils be tested for contaminants prior to use on site. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the Transient Motel building to the bulkhead is XXX feet. The proposed setbacks from the Transient Motel cafeteria building is 55 feet from the wood decking to the bulkhead: from 16c. 17c. 18c sleeping rooms the setback cannot be accuratelv determined until the wetland iurisdictional boundary has been established bv the Board of Trustees. A minimum setback of 100 feet is required pursuant to Chapter 275 and a minimum setback of 75 feet is required bv Article XXIII Section 280-239B of the Town of Southold Town Code. Please require that the applicant amend the application to meet the above policv to the greatest extent possible Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. 8.2 Manage hazardous wastes to protect public health and control pollution. C. Remediate inactive hazardous waste disposal sites. Future use of a site should determine the appropriate level of remediation. The Town's Site Plan application process will uncover inactive hazardous waste disposal sites. Remediation efforts will be specified during the environmental review of those sites prior to development or redevelopment. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. 6 A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. The Town's Site Plan application process will determine whether proposed land use activities will involve toxic substances. Protection measures to prevent their release to the environment, particularly fish and wildlife resources, will be determined during the environmental review. Further, the dredging of toxic material from underwater lands and the deposition of such material shall be conducted in the most mitigative manner possible so as not to endanger fish and wildlife resources, in either the short or long term. E. Take appropriate action to correct all unregulated releases of substances hazardous to the environment. In June of 2005. a Phase II Environmental Assessment reoort was prepared for the site by Longshore Environmental Inc. The report concludes that the site contains MTBE's. areas of petroleum impact. and leyels of copper and zinc that exceed NYDEC recommended soil cleanup obiectiyes. One concern with the results listed in the reoort is that soil analysis was not performed at all areas containing underground storage tanks. including a 10.000 gallon Diesel underground storage tank. It is strongly recommended that the Boards require that a soil analvsis be required for all underground storage tanks storing petroleum products and a remediation plan to clean UP the contaminated sites be submitted to the Town.. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of Southold. The L WRP states that "public ownership of this site may be more compatible with the surrounding residential neighborhood than commercial operation. It would also provide access within this reach". The property and proposed use is priyate: there is no proposal to enhance public access or recreational use of coastal waters. so therefore the proposal. as submitted. is inconsistent with the above policy. Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. 10.1 (a) Protect existing water-dependent uses. The term Water-dependent use means a business or other actiyity which can only be conducted in. on. over. or adiacent to a water body because such activity requires direct access to that water body. and which involves. as an integral part of such activity. the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 7 . . Proposed Marina: The plan incorporates a marina use which is a water deoendent use that requires direct access to the water bodv. Therefore the marina use is consistent with 10.1 (a) above. 10.1 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists. The term Water-enhanced use means a use or activitv which does not require a location adiacent to coastal waters. but whose location on the waterfront adds to the public use and enioyment of the water's edge. Water-enhanced uses are primarilv recreational. cultural. retail. or entertainment in nature. These uses mav be necessary for the successful [mancial operation and viabilitv of water-devendent uses. Proposed Transient Motel: The proposed transient motel use is a special exceotion use in the MIl zoning district and a water enhanced use. The use is also non-water dependent. however. it improves the economic viabilitv ofthe marina and overall proiect and therefore is consistent with the above sub-policv. Proposed Restaurant: The proposed restaurant use is a special exception use in the MIl zoning district and a water enhanced use. The use is also non-water dependent. however. it improves the economic viabilitv of the marina and overall proiect and is therefore. consistent with the above sub-policv. Cc: Amy Ford, Senior Planner File 8 ~1"J ','A.lh 'r Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits" including Town of South old agencies. shall complete this CCAF for proposed actions that are subject to the Town of South old 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 South old Town). If any question in Section C on this form is answered "yes", then the propos~d action may affect the achievement of the L WRP 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at ;~~;D~\Yn of~'?\!!.1\WJljl :Website.-.:;;::;::;~~~ (southoldtown.northfork.net), the Board of Trustees Office, the Pl~ing'1)<lll"artment, all local libraries ' ":1:\, the Town Clerk's office. I ",..,"",", ' \e" n \In ~ r\' '.' 'f ~ ~ It, \I 1'1 If; \ \ DESCRIPTION OF SITE AND PROPOSED ACTId~~ D l, ----t "." SCTM# 100"38-07-7.1 \" '-\ O~11~~,U J \' \ AGENT: Patricia C. Moore Es .51020 Main Road Southol NY'1197f ' ,~ , ,,-' 3. B. ,.-.-' The Application has been submitted to (check appropriate response): Town Board D Planning Dept. D Building Dept. D Board of Trustees D Zoning Board of Appeals ~ ~",,,,~,,""~".""-"-" "'~' ....c.,..,......... ,._....,-"'~~ 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) D (b) Financial assistance (e.g. grant, loan, subsidy) D (c) Permit, approval, license, certification: ~ Type: Special permit/exception Town of South old LWRP Consistency Assessment Form 'y Nature and extent of action: Proposed removal of an abandoned industrial buildinl!(s) and the construction of a transient hotel complex with 114 l!uest rooms. restaurant. manal!er's residence. various accessory structures (swimminl! pool. meetinl! rooms. l!azebos. maintenance buildinl!. etc.). refurbished boat basin/slips. creation of lake/water feature. landscapinl!. reconstruction of existinl! bulkheadinl!. dredPinl!. removal of deteriorated shoreline protection structures. construction of new shoreline protection structures. construction of sewal!e treatment facility on a 18.7115 acre site. Location of action: eastside of Shipvard Lane. north of Gardiners Bav near Cleaves Point. East Marion. Site acreage: 18.7115 acres Present land use: Abandoned/deteriorated industrial buildinl!s. overl!rown fields/second l!rowth woods. dredl!ed boat basin. Present zoning classification: Marine II 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Oki-Do Ltd. clo Patricia C. Moore ESQ. (b) Mailing address: 51020 Main Road. Southold NY 119711 (c) Telephone number: (631) 765-4330 (d) Application number, if any: NA Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No [8J If yes, which state or federal agency:_ Town of Southold L WRP Consistency Assessment Form 2 " DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old 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 L WRP Section 111 - Policies; Page 2 for evaluation criteria. Yes [gI No 0 Not Applicable 0 Discussion (if appropriate): The proposed project will remove abandoned. dereiorated buildin!!s that are a si!!nificant impact on the community character. Thev will be replaced with an attractive. unique structure and use. The existin!! deteriorated shoreline structures will be repaired and or replaced to provide the needed interstructure for the marine dependant uses of the facility. The proposed use is consistant with the zonin!! of the site. with a special permit. The project will promote the !!oal of tourism to the Town of South old and provide an end destination for persons who mil!ht not other wise visit the Town. thus providin!! economic benefits to the surroundin!! communities and commerical centers. Policy 1. Protect and preserve historic and archaeological resources of the Town of South old. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes 0 No 0 Not Applicable [gI Discussion (ifappropriate): The site is not identified as area of archeolol!ical sensitivity or on the National Rel!ister on the map produced bv NYS Dept. Of State. Division of Coastal Resources. The site has been previouslv been sil!Dificantlv disturbed. The existin!! buildin!!s on site are not historic and are in a state of deterioration. The inventory prepared bv SPLIA for the Town does not list the site or structures. 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 [gI No 0 Not Applicable 0 Discussion (ifappropriate): The existin!! deteriorated industial buildin!! have a sil!Dificant detrimental visual impact on the area. The existin!! shoreline protection devices are also deteriorated and lar!!e amounts of debris exists alon!! the shoreline and site. The proposed project will remove the existin!! buildin!!s and debris and old structures alon!! the shoreline. A new buildin!!(s) of unique and attractive desil!D will be constructed. The shoreline will be revitalized with new protection structures. of the same desil!D as those to the community to the west. Native plantin!! material will be installed adjacent to the main buildin!! on the western portion of the site. The eastern portion of the site. adjacent to the water. will remain in its natural state and provide a buffer to the water. The detached units will be Town of South old LWRP Consistency Assessment Form 3 '~ situated around a lake/water feature and sil!I1ificanlv landscaped to provide and attractive settine:. While the proposed proiect will alter the existine: visual settine:. the chane:e is considered an improvement over the existine: visual blie:ht that exists on the site. Town of Southold LWRP Consistency Assessment Fonn 4 " NATURAL COAST POLICIES Policy 4. Minimize loss of lift, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes IZI No 0 Not Applicable 0 Discussion (if appropriate): The proposed structure(s) will be constructed to meet the flood elevation for the site. The existinl! deteriorated shoreline protection will be removed and replaced with rip-rap that will provide protection from erosion as well as provide habitat within the stones. matchinl! the existinl! protection structures to the west. Native plantinl! will be installed above the rip-rap to provide additional protection. The natural area on the east side of the existinl! boat basin will remain in its natural state. The dune vel!etation in this area will provide protection to the other aspects of the proiect. Additional native plantinl!s will be installed as required to colonize areas of bare earth. The deteriorated boat basin will be repaired and restored to provide a functional facilitv. Policy 5. Protect and improve water quality and supply in the Town of South old. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes IZI No 0 Not Applicable 0 Discussion (ifappropriate): A state of the art sewal!e treatment faciltv will be installed as part of the proiect. AU necessarv permits will be obtained from the SCDHS for sewal!e disposal. The existinl! deteriorated sanitarv svstem will be removed. The site was inspected for the possibilitv of toxic and hazardous materials. AU ootential sources were removed from the site and disposed of in accordance with rel!ulations. The existinl! structures. paved areas. etc. has direct discharl!es for runoff into the surface waters. Under the proposed proiect these will be removed and on site recharl!e will be provided. Native and low-fertilizer dependant plant species will be used in the desil!n and landscapinl! to reduce nitrol!en loadinl! from the site. Policy 6. Protect and restore the quality andjUnction of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes IZI No 0 Not Applicable 0 Discussion (if appropriate): The site is adiacent to Gardiners Bav and contains a dredl!ed boat basin. The existinl! boat basin has shoaled closed which has resulted in stal!Rate conditions. The proposed restoration of the boat basin will allow for tidal action within it that will improve water qualitv. The existinl! tidal wetlands on site will bo be disturbed. The sil!nificant amount of debris with the wetlands and shoreline areas will be removed. The proposed use of rip-rap will provide increase Town of South old LWRP Consistency Assessment Form 5 , habitat value over the previous bulkheadinl!: alonl!: the shore line. An existinl!: osprev nest will remain and a natural buffer of undisturbed vel!:etation will remain around it. The proiect will create a lake/water feature that is not currentlv on the site. No freshwater wetlands are in the area of the site. and the creation of the lake/water feature will provide additional habitat not presentlv avalible. Policy 7. Protect and improve air quality in the Town of South old. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable rgJ Discussion (ifappropriate): _ Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38 for evaluation criteria. Yes rgJ No 0 Not Applicable 0 Discussion (if appropriate): This proiect is beinl!: desimed as a "Green Proiect" unders the LEED prOl!:ram., as such. a kev componant will address the handlinl!: of solid waste and recvclinl!:. The removal of the existinl!: structures on with will be a part of this prOl!:ram that will include but not limited to recvlinl!: scrap metal and crushinl!: of concrete to use in construction for the facilitv. As noted previouslv. a Phase I and II Environmental Site Assessment was carried out on the site to determine if and hazardous waste was on the site. Suspect sources were investil!:ated and properlv addressed. Town of South old LWRP Consistency Assessment Form 6 '. 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 South old. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [gJ No 0 Not Applicable 0 Discussion (if appropriate): The proposed action will provide a facilitv available to the public. The existinl!: boat basin that was previous a private industrial facilitv. and silted in. will be restored to provide for a boat basin will dock space for transient boats. Existinl!: debris alonl!: the shoreline will be removed. The public access at the end of Shipvard Lane will be preserved and visual impacts caused bv the existinl!: deteriorated industrial structures will be removed. Town of South old LWRP Consistency Assessment Fonn 7 .. WORKING COAST POLICIES Policy 10. Protect Southo/d's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes 0 No D Not Applicable D Discussion (if appropriate): The deteriorated. Drivate industrial boat basin will be restored to Drovide a facility for transient boaters. The DroDosed transient hotel comDlex will Drovide the Dublic with a facility adiacent to the water that is consistent with the Dolicv standards as listed in Table 1 of the LWRP. 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 62for evaluation criteria. Yes 0 No D Not Applicable D Discussion (if appropriate): The restoration of the tidal action in the boat basin will imDrove water auality in it. This will Dromote and enhance the marine resources found on the site. Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes D No D Not Applicable 0 Discussion (ifappropriate):_ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes!Zl No D Not Applicable D Discussion (if appropriate): As stated Dreviouslv. the Droiect is bein!!: desie:ned as a "Green Proiect" under the LEED Dro!!:ram. The Droiect is bein!!: desi!!:ned to use various sources of alternate enerl!:V as Dart of its oDeration. as well as many enerl!:V savin!!: devices and techiaues. *copy of Town form created on 2/11106 Town of South old LWRP Consistency Assessment Form 8 O 1- a~ !nvIU'\~ , \ I r~> , \ J ~' \- OCT 25 T,06 I-- Dear Chairman Woodhouse and Members: , \.J L, ' - -" J After attending the Scoping session on Mon. Oct. 16 regarding the Old-Do at tkeends~'_',;-:-,,~']~i5-- ',' '.. I . P'o'li->' ,-~,..\LI of Shipyard Lane, I have several other items that I would like addressed. \ ,,' - ," ""-'- , ~""'" What are the "various other outdoor amenities" in the proposal? It is iUl~lo~'-"'~' ---...'" - if they are band shells, tennis courts, arenas, or playgrounds. Southold town Planning Board Southold, NY 11971 Box 747 East Marion, NY 11939 October 20,~996 --4"'-" ' )(~ ~.,..;t(',IlIt.- ,.s.,l_':::~ I ~ 5) " ~\- .sf :::, ie' ",""""""",4 What are the retail shops? Will they sell souvenirs or will they be open to the public for clothing, sports eqllipmP.ftt, and food? Will they generate traffic as people come to purchase goods? There is a concern that the guests will migrate towards the private beach maintained by Summit Association. In addition there is also a concern that the marina will generate an unsafe amount ofhoat traffic. How wiU this be addressed? Will there bea "lights out" time? What steps will be taken regarding garbage and the dumpsters that will be on the property? Will they be on the interior so that the possible rodent problem will be the spa's problem and not the neighbors? What is the "private dining room"? Will there be weddings and catering? Will Southold Town enact a noise ordinance, and insist that the noise be CONTAINED within the boundary of the Oki-Do property? 1 believe this is something that should be done. The Scope of this project is much too large and requires many variances. Has the town considered using the 2% fund and buying this last piece of waterfront in East Marion? There hasn't been much money spent in our hamlet, I don't believe. This could end up being an eminent domain issue. The public good will not be served by a facility that will DOUBLE the population of East Marion. Thank, you for your, cons~'d_ e. ti n. .' ~;I ~~ yn . - . lili, resideri ~ ~~ SummIt Estates \j LJ.\JR-P f-rl KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold. NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Re: Proposed Site Plan for Gaia Holistic Circle. Oki-Do Ltd. C ." .' ..... .... .. Located approximately 3.278 ft. s/o New York State RO.25at-th'eS7e end of Shipyard Lane known as 2835 Shipyard Lane in East Marion SCTM# 1000-38-7-7.1 Zone: M-II. Marine II District Telephonej.~lI..~ -765-1938 _' .... \~;~!f;D'C;66f"1l{5'W.36 PLANNING BOARD OFFICE.~>l'~""'- .... \ TOWN OF SOUTRotrt.... '6~ '.. , " --...\ \. \ ~"'.~ ....;~ .-~ ,', \\\ ;, \ ~ .,c.-I \L~ , ' 'I \'\ . t'?,\i"\" - . ,", Y:l' '~\-'i ';~~ , \J)' \ ~~~l21;cJ~~\ \\ \ -------><';.,i"",""~'.N'''''~ , .~..".;,.".~.,.-.....',,""""'. July 11. 2006 Patricia C. Moore. Esq. 51020 Main Road Southold. NY 11971 Dear Mrs. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday. July 10. 2006: WHEREAS. this proposed site plan is for a Holistic Center as follows; new transient hotel/restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters. and the remaining 27 guest rooms in the main spa building. totaling 80,000 sq. ft.. including a 185 seat organic restaurant in the main spa building (103 guest seats. 72 public seats and 10 bar seats). plus office and accessory uses including 27 personal service treatment suites; a 3.834 sq. ft. private restaurant annex with 45-99 seats; a 1.987 sq. ft. managers residence with a 687 sq. ft. deck. a 1.373 sq. ft. pool house. a 7.205 sq. ft. maintenance and utility building; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the Mil Zone located approximately 3.278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7-7.1; and RESOLVED. that the Southold Town Planning Board. pursuant to Part 617. Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act. initiates the SEQR lead agency coordination process for this Type I action pursuant to Part 617.4 (b) (6) (i). If you have any questions regarding the above. please contact this office. Very truly yours, ~dhouse Chairperson cc: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Clerk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer Mark Terry, LWRP Coordinator Suffolk County Department of Health Services NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department Architectural Review Committee Army Corps of Engineers KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCAll0N: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 , PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD . ..."."~ "">",, ~ .\ "",,' \ \ ; ^ " 'I ':,t-, '\ \ .' \\ " ,:..:.( July 24, 2006 ',-'- Re: Lead Agency Cooroination Request () i J\l\.. ~' ,1. ..-~" , )'\ ,-"";. .1 ' .~ '.>' .\ 1, Dear Reviewer: .\ ',' The purpose of this request is to detennine under Article 8(~ta~ En~ironmentalQuaIitY~" SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following~> .':4~;~'-" . ".;.' <fl-' ,~......,....",,I'" 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency, and 3. Issues of concern you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Gaia Holistic Circle, Oki-Do Ltd. 2835 Shipyard Lane, East Marion SCTM#: 1000-38-7-7.1 Zoning District: MIl District Requested Action: This proposed site plan is for a Holistic Center as follows; new transient hoteV restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 45-99 seats; a 1,987 sq. ft. managers residence with a 687 sq. ft. deck, a 1,373 sq. ft. pool house, a 7,205 sq. ft. maintenance and utility building; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the MIl Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyaro Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7-7.1 Lead Agency Coordination Request Page Two July 24, 2006 SEQRA dassification: (X) Type I ( ) Type II ( ) Unlisted Contact Person: Amy Ford, Senior Planner/Bruno Semon, Senior Site Plan Reviewer (631) 765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. o Other (see conunents below) Comments: Please feel free to contact this office for further information. Very truly yours, ~$J~ Jerilyn B. Woodhouse Olairperson Ce: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Town Board of Trustees Southold Town Engineer Southold Town Solid Waste District Suffolk County Department of Health Services NYSDEC- Stony Brook U.S. Army Corp of Engineers New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department I , 617.20 ~""""'Illi\ji""'''''''l'' ~:....",~'l!"IIl"'" Appendix A ....t.:~::;, ':;I~ ,/ State Environmental Qualit ''li1~ ~.Ci\> IE n 1M IE '. ' FULL ENVIRONMENTAL ASSESS ljg<11l!!J Li; II \'1 Ii::; n Purpose; The full EAF IS designed to help applicants and agencies determine, In :~ e rmanner, w~e~'her xrJlrRJect ~{d: I n may be significant The question of whether an action may be significant IS not always ansMMl Fr~q5en!1l,lO!here ar ects of a project that are subjective or unmeasurable. It is also understood that those who d terml significance may have littl or n formal knowledge of the environment or may not be technically expert in environmental a alysis In addition m e kn ledge In one particular area may not be aWare of the broader concerns affecting the qu~st n of significa60llthold Town , The full EAF is intended to provide a method whereby applicants and ag~bci can be assu~~llia r rocess has been orderly, comprehensive in nature, yet ftexible enough to allow introdu'c~~'J<, .,.n or1l1ation to fit a project or 'action. ~--::::=~::::':~,.~__-.;;.,..'~..t;j;ua.. Full EAF Components; The full EAF is comprised of three parts: Pan 1; Provides objective data and information about a given project and its site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 3. Pan 2: Focuses on identifying the range of possible impacts that may OCcur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Pan 3; If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact IS actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINA TION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Ponions of EAF completed for this project; [2] Part 1 [2]Part 2 DPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other Supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that; OA The project will not result in any large and important impact(s) and. therefore. is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. 08 Although the project could have a significant effect on the environment. there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. .. Dc The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. .. A Conditioned Negative Declaration is only valid for Unlisted Actions Gaia Holistic Circle @ East Marion Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date Page 1 of 21 \ PART l--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assisl in determining whether the action proposed may have a significant effecl on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of Ihe full EAF will be dependent on informalion currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. ~...~~k< ;It ,;~i;:~-j;~;;:~~;';' ;;';:1:~~,~;::1r~,,;;,~;",j..."::,;"&1~&I els Shipyard Lane, East Marion, Town ofSouthotd, Suffolk County, New York SCTM #1000-38-7-7.1 ~~I~r,~ ..~ IE ~ ~# IIfU MAR 1 5 2006 Name of Action Gaia Holistic Circle Location of Action (include Street Address, Municipality and County) Name of Applicant/Sponsor Ok i-Do Ltd. c/o Patricia Moore, Esq. l'IC;\^iO Plannirl€. ~~~<;.fd - Address 51020 Main Road Business Telephone 1-631-765-4330 " ',{.' ,',.' . . "".,...."".....,..,.....'...,.."'~m:",:I~~_r,\..'.'lIlO St~~ ~:~~J::~~,~~:~.~~~~ip-CO'dB-t"1'971--""--' !'{G.~~!.' City I PO Southold Name of Owner (if different) Oki-Do Ltd. Address One Lincoln Plaza, Apt24E City I PO New York State NY Zip COde 10023 Business Telephone 1-212-799-9711 Description of Action: Proposed removal of an abandoned industrial hUilding(s) and the construclion ofa transient hotel complex with I t4 guest rooms, restaurant, manager's residence, various accessory structures (swimming pool, meeting rooms, gazebos, maintenance building, etc.), refurbished boat basin/slips, creation ofIakelwater feature, landscaping, reconstruction of existing bulkheading, dredging, removat of deteriorated shoreline protection structures, construction of new shoretine protection structures, construction of sewage treatment facility on a 18.711 5 acre site. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project. both developed and undeveloped areas 1. Present Land Use: 0 Urban o Forest [2] Industrial o Agriculture o Commercial D Residential (suburban) D Rural (non-farm) o Other Abandoned industrial buildings 2. Total acreage of project area: 18.7115acre5. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION 14.4 acres 9.1 acres acres acres acres acres 0.1 acres 0.1 acres 1.4 acres 2.1 acres 1.5 acres 1.0 acres 1.3 acres 6.3 acres acres acres Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24.25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: [2]well drained -...!...QQ.% of site 0 Moderately well drained _% of site. o Poorly drained _ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 0 Yes m No a. What is depth to bedrock NA (In feet) 5. Approximate percentage of proposed project site with slopes: rJ1^ ........n' '^^C' L:......JV~IU70~1o FI f.......jl0-15%_% lP""""""l U 15% or greater _ % 6 Is project substantiaJti.-!iantiguaus to, or contain a building. Site, or district, listed on the State or National Registers of Historic Places? U Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes 0Na 8. What is the depth of the water table? 0-18 (in feet) 9. Is site located over a primary, principal. or sole source aquifer? 0ves DNo DYes 0NO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? 0ves D No Accordino to: Ii Cramer ~O~SllltIng Group Identif each species: Osprey nest in southeast corner of site, Area will remain natural allY construction near it will be timed to avoid disturbance during nesting periods. I 12. Are there any unique or unusual land forms on the project site? (I.e., cliffs, dunes, other geological formations? DYes 0NO Describe: The site is located adjacent to Gardiners Bay. While portions of the site contains "dune species" in the SE portion of site, the entire been disturbed in the past. However, this SE portion of the site will remain "natural". 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes 0NO If yes, explain: 14. Does the present site include scenic views known to be important to the community? DYes GNO The site presently contains deteriorated, abandoned industrial buildings, that visually impact the visual quality. 15. Streams within or contiguous to project area: INA a. Name of Stream and name of River to which it is tributary NA 16. Lakes, ponds, wetland areas within or contiguous to project area: Site is adjacent to Gardiner::; Bay. The site surround an Ullllamed dredged basin unsed in conjuction with the previous oyster processi~g use. The north, south and west sides of the basin are bulkheaded, the eastern portion of the shoreline contains tidal wetlands. An inlet connects the basin to Gardiners Bay. I b. Size (in acres): [Tho "~~,,~, ;"" ,,;, "';;; Page 4 of 21 . 17 Is the site served by existing public utilities? [!]Y8S DNo [!]V8S DNa DYes 0NO a. If YES, does sufficient capacity exist to allow connection? b If YES, will improvements be necessary to allow connection? 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 3047 DYes E]Na 19. Is the site located in or sUbstantial~ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECl, and 6 NYCRR 6177 DYes ~No 20 Has the site ever been used for the disposal of solid or hazardous wastes? DYes 0No B. Project Description 1, Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 18.7115 acres. b. Project acreage to be developed: 17.2 acres initially; 17.2 acres ultimately. c. Project acreage to remain undeveloped: 1.5 acres. d. length of project, in miles: NA (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. ~ % f. Number of off.street parking spaces existing ~; proposed 189 g. Maximum vehicular trips generated per hour: 107 peak (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially o o Ultimately o 114rooms i. Dimensions (in feet) of largest proposed structure: o 35' height; 190' width; 200' length. j. Linear feet of frontage along a public thoroughfare project will occupy is7 928 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3 Will disturbed areas be reclaimed [!]ves ONO 5,363 tons/cubic yards. ON/A a. If yes, (or what intended purpose is the site being reclaimed? I ~andscaping b. Will topsoil be stockpiled for reclamation? [!J Yes 0 No c. Will upper subsoil be stockpiled for reclamation? [!] Yes 0 No 4, How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 16.1 acres. Page 5 of 21 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes [!]NO 6. If single phase project: Anticipated period of construction: ~ months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated ~ (number) b Anticipated date of commencement phase 1: -------l month 1QQL year, (including demOlition) c. Approximate completion date of final phase: --2::.:. month 2005 year. d. IS phase 1 functionally dependent on subsequent phases? 0 Yes D No 8. Will blasting occur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction 200' ; after project is complete 10. Number of jobs eliminated by this project 100 11. Will project require relocation of any projects or facilities? DYes m No If yes, explain: [ 12. Is surface liquid waste disposal involved? 0 Yes m No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which efftuent will be discharged 13. Is subsurface liquid waste disposal involved? m Yes D No Type Sanitary stormwater runoff 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes 0 No If yes, explain: Project includes the cr;eation of approx. 0.7 acre naturalized lake/water feature on site as part of the landscaping. 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes DNo 16. Will the project generate solid waste? 0 Yes 0 No a. If yes, what is the amount per month? -.Q1. tons b. If yes, will an existing solid waste facility be used? 0 Yes D No c. If yes, give name Southold Transfer Sta. ; location Cutchogue, South old d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? EJVes 0 No Page 6 of 21 ( , e, If yes, explain: It is intended to recycle portions of the abandoned building (steeL concrete, eel,) during dCl1lOlllion. 17. Will the project involve the disposal of solid waste? DYes 0NO a. If yes, what is the anticipated rate of disposal? _ tons/month, b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes 0 No 19. Will project routinely produce odors (more than one hour per day)? DYes 0NO 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 0NO 21. Will project result in an increase in energy use? 0 Yes 0 No If yes, indicate type(s) fossil fuels, electricity to operate facility. 22. If water supply is from wells, indicate pumping capacity --.llA. gallons/minute. 23. Total anticipated water usage per day _ gallons/day. 24. Does project involve local, State or Federal funding? DYes 0 No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board 0Yes City, Town. Village Planning Board 0 Yes City, Town Zoning Board m Yes City, County Health Department [!]ves Other Local Agencies mVes Other Regional Agencies DYes State Agencies 0ves Federal Agencies II]ves 0NO DNa DNa DNa [II No 0NO DNa DNa Type Site Plan Special Permits for Trans. Motel & Restaurant SCDHS Site Plan Trustee's Wetlands NYSDEC Tidal Wetlands US Anny Corp C. Zoning and Planning Information Does proposed action involve a planning or zoning decision? GJVes 0 No If Yes, indicate decision required: D Zoning amendment m Site plan D Zoning variance o Special use permit Page 8 of 21 D New/revision of master plan D Resource management plan , Submittal Date o Subdivision DOther , 2. What is ttle zoning classification(s) of the site? IMarille II (Mll)Distnct 3 What is the maximum potential development of the site if developed as permitted by the present zoning? 18.7115 acre boatyard/marina for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing affuel, and similar uses. 4. What is the proposed zoning of the site? INA 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? INA 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? EJV8S DNa 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? Multi-family and single-family residential. agricultural, abandoned industrial land uses. Zoning is R-40 (I-acre single-family), RR (Resort Residential - Multi-family), MlI (Marine District - site). 8 Is the proposed action compatible with adjoining/surrounding land uses with a y, mile? 0ves DNa 9. If the proposed action is the subdivision of land. how many lots are proposed? NA 8. What is the minimum lot size proposed? NA Page 9 of 21 \ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes 0 No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? r;Il Yes n No 3. If yes, is existing capacity sufficient to handle projected demand? 0V8S DNa 1 2. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. DYes DYesGNo DNo Slight increase in local traffic as per Dunn Engineering Associates review (4/2005). D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Patriea Moore, Esq. for Oki-Do /<~:~=- ~~ - Signature / ~~ / .------ L--- IZ-2--0S- Date Title Attorney for Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 ~ KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIllNG ADDRESS: P.O. Box II 79 Southold, NY II971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Site Plan for Gaia Holistic Circle, Oki-Do Ltd. Located approximately 3,278 ft. s/o New York State Road 25 at the s/e end of Shipyard Lane known as 2835 Shipyard Lane in East Marion SCTM# 1000-38-7-7.1 Zone: M-II, Marine II District Dear Mrs. Moore: The following resolution was adopted at a meeting of the South old Town Planning Board on Monday, July 10, 2006: WHEREAS, this proposed site plan is for a Holistic Center as follows; new transient hotel/restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 45-99 seats; a 1,987 sq. ft. managers residence with a 687 sq. ft. deck, a 1,373 sq. ft. pool house, a 7,205 sq. ft. maintenance and utility building; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the Mil Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7-7.1; and RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this Type I action pursuant to Part 617.4 (b) (6) (i). If you have any questions regarding the above, please contact this office. Very truly yours, ~dhouse Chairperson cc: Southold Town Zoning Board of Appeals South old Town Building Department Southold Town Clerk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer Mark Terry, LWRP Coordinator ~ ,. Suffolk County Department of Health Services NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department Architectural Review Committee Army Corps of Engineers KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND m-r MAIliNG ADDRESS: P.O. Box II 79 Southold, NY II97I PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 765-1938 Fax: 631 765-3136 ~ .~ \)'. -\,Y\'~ ''e.i>lc- . . -'."', To: Mark Terry, Local Water Revitalization Program Coordinator From: Amy Ford, Senior Planner---f-F Date: March 23, 2006 " MAR 2 4 2006 RE: Oki-Do Ltd. 2835 Shipyard Lane, East Marion SCIM #: 1000-38-7-7.1 l.~ + ; I , In reference to the above, a copy of the proposed site plan may be obtained in this office. The Site Plan reflects the current proposed build out of this site. Please review for consistency under the L WRP. This proposed site plan is for a Holistic Center as follows; new transient hoteV restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 50 seats; a managers residence with 1,987 sq. ft. plus 687 sq. ft. deck, a pool house with 1,373 sq. ft., a maintenance and utiliry building with 7,205 sq. ft.; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the MIl Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCIM # 1000-38.-7-7.1. In addition, enclosed are the EAF, site plan application, site plan use diagram, architectural elevation drawing, L WRP application and informational letter from Butt, Otruba-O'Connor Architects. Thank you in advance. Cc: File Enc: Attachments MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD MEMBERS JERlLYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town derk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer Mark Terry, LWRP Coordinator From: Amy Ford, Senior Planner~ Date: March 23, 2006 Suffolk County Department of Health Services NYSDEC - Stony Brook* New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department Architectural Review Committee Army Corps of Engineers RE: Agency referral requests required under Southold Town Code Article XXV 100-254 Review Procedure part C the Planning Board refers this site plan for concerns comments and Jurisdiction requirements if applicable. Dear Reviewer: The site plan status is a revise Site Plan. Below is the site plan application information pertaining to the listed project: Oki-Do Ltd. 2835 Shipyard Lane, East Marion SCIM#: 1000-38.-7-7.1 This proposed site plan is for a Holistic Center as follows; new transient hoteV restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 50 seats; a managers residence with 1,987 sq. ft. plus 687 sq. ft. deck, a pool house with 1,373 sq. ft., a maintenance and utility building with 7,205 sq. ft.; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the MIl Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCIM # 1000-38-7-7.1. , Attached is a copy of the site plan application, site plan use diagram, architectural elevation drawing and infonnationalletter from Butt, Otruba-O'Connor Architects for your infonnation and review.. Thank you in advance. cc: File Ene: Attachments *1 site plan prepared by Butt, Otruba-O'Connor Architects last revised March 10, 2006. NORTH ELEVATION - ENTRANCE ,,";'.~ -:.:-;.:.:'::;,:,:~ ~~~. r",~_,,,:o:"'C)~~::--r , ;",~'M(:' i . , '1<' iDlE Ii: IE HH.~ " , f MAR 1 - 2006 :!J --' SC,;;I PI::~I,'I" ~ ~. .J __......::.~4......_. ____.___... ...~; SOUTH ELEVATION - PRIVATE CAFETERIA DINING HALL i~ 'I: i~; .,: ~,l EAST ELEVATION - PRIVATE MARINA I I I I ~ '. ~l d~ I' ",' !~! '!t ~ ~ WEST ELEVATION - PARKING LOT Butt .Otruba-O'Connor Architects 03.15.06 . . 617.20 ~:;;;;"""'.,..+'" ......-om._...... ~~~A. ~ I FUll :~~;R;;.:'.::;.:;~"~~~~~SP~~ ~ U W ~ n'.. Purpose: The full EAF is designed to help applicants and agencies determine, III a~ rmanner, w~e~her J/,.p,.rRJect ~ri.1, n may be significant The question of whether an actloll may be significant IS not always . ansMAR FrJq5en~Plhere ar ects of a project that are subjective or unmeasurable. It is also understood that those who d terml significance may have liltl or n formal knowledge of the environment or may not be technically expert in environmental a alysis In addition m e kn ledge In one particular area may not be aware of the broader concerns affecting the qu~t n of significa50Bthold Town , The full EAF IS intended to provide a method whereby applicants and agBbci can be assur@lj~llia r rocess has been Orderly, comprehensive in nature, yet flexible enough to allow introdu:ct~~~,..~h ormation to fit a project or action. ~..:;~ Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ~,J=',~::.:....:::~.._~_.<.. "..:: Pan 2: Focuses on identifying the range of possible impacts that may OCCur from a project or action. It provides guidance as to Whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or redUced. Pan 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the Impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY Identify the Ponions of EAF completed for this project: 0 Pan 1 /2] Part 2 OPan 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other Supporting information, and considering both the magnitude and imponance of each impact. it is reasonably determined by the lead agency that: DETERMINA nON OF SIGNIFICANCE -. Type 1 and Unlisted Actions DA. The project will not result in any large and important impact(s) and, therefore. is one which will not have a significant impact on the environment. therefore a negative declaration will be prepared. DB Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared_ . Dc The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Gala Holistic Circle@ East Marion Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible Officer) Date Page 1 of 21 NOTICE: This document is designed to assist in determining whether the aclion proposed may have a significanl effect on the environment. Please complete the entire form, Parts A through E. Answers to Ihese questions will be considered as part of the applicalion for approval and may be subject to further verification and public review. Provide any additional informalion you believe will be needed to complete Parts 2 and 3. PART 1--PROJECT INFORMATION Prepared by Project Sponsor It IS expecled that completion of Ihe full EAF will be dependent on information currenlly available and will nol involve new sludies, research or investigation. If information requiring such addition at work is unavailable, so indica Ie and specify each instance. ...~.~p-, ;(',' ''ffri;~.;;;~;~,,:.~:~'~;;.;~~r..~~i:~''I<:~:~::Mt~a Location of Action (include Street Address, Municipality and County) e/s Shipyard Lane, East Marion, Town of South old, Suffolk County, New York SCTM #1000-38-7-7.1 ~ ~-~ ~~ Name of Action Gaia Holistic Circle MAR 1 5 2006 Name of Applicant/Sponsor Oki-Do Ltd. c/o Patricia Moore, Esq. Business Telephone 1-631-765-4330 .1 ':\Y",.,' '_ ~tH:'~lrr;)'" s~ >~'PI~,v~~:~:~'~~ip""G6d;::;1;7r-" ,"-" ;'NO Planni~,}:,:fd .J Address 51020 Main Road City / PO Southold ,('-9,':;i!-! Name of Owner (if differenl) Oki-Do Ltd. Address One Lincoln Plaza, Apt24E City I PO New York State NY Zip Code j 0023 Business Telephone 1-212-799-971 j Description of Action: Proposed removal of an abandoned industrial bUilding(s) and the construction of a transient hotel complex with j 14 guest rooms, restaurant, manager's residence, various accessory structures (swimming pool, meeting rooms, gazebos, maintenance building, etc.), refurbished boat basin/slips, creation of lake/water feature, landscaping, reconstruction of existing bulkheading, dredging, removal of deteriorated shoreline protection structures, construction of new shoreline protection structures, construction of sewage treatment facility on a 18.7115 acre site. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project. both developed and undeveloped areas. 1. Present Land Use: 0 Urban o Forest [2] Industrial o Agriculture o Commercial o Residential (suburban) D Rural (non. farm) o Other Abandoned industrial buildings 2. Total acreage of project area: 18.7115 acres. APPROXIMATE ACREAGE Forested PRESENTLY AFTER COMPLETION 14.4 acres 9.1 acres acres acres acres acres 0.1 acres 0.1 acres 1.4 acres 2.1 acres 1.5 acres 1.0 acres 1.3 acres 6.3 acres acres acres Meadow or Brushland (Non-agricultural) Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24.25 of ECL) Water Surface Area Unvegetated (Rock. earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: 0Well drained --1QQ.% of site 0 Moderately well drained _% of site. o Poorly drained _ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? 0 Yes 0 No a. What is depth to bedrock NA (in feet) 5. Approximate percentage of proposed project site with slopes: ")-'10.10% 100% [J10-15%_% o 15% or greater_% 6. Is project sUbstantiaJ.!'L!i. ..contiguous to,_.?r contain a building. site, or district, listed on the State or National Registers of Historic Places? U Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes 0No 8. What is the depth of the water table? 0-18 (In feet) 9. Is site located over a primary, principal. or sole source aquifer? 0Yes ONO DYes 0NO 10. Do hunting. fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Elves DNa According to. Cramer Consulting Group Identify each species: Osprey nest in southeast corner of site. Area will remain natural any construction near it will be timed to avoid disturbance during nesting periods. 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? Dves E1NO Describe: The site is located adjacent to Gardiners Bay. While portions of the site contains "dune species" in the SE portion of site, the entire been disturbed in the past. However, this SE portion of the site will remain "natural". 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes 0No If yes, explain: 14. Does the present site include scenic views known to be important to the community? Dves GNO The site presently contains deteriorated, abandoned industrial buildings, that visually impact the visual quality. 15. Streams within or contiguous to project area: INA a, Name of Stream and name of River to which it is tributary I NA 16. Lakes, ponds, wetland areas within or contiguous to project area: Site is adjacent to Gardiners Bay. The site surround an unnamed dredged basin unsed in conjuction with the previous oyster processing use. The north, south and west sides of the basin are bulkhead ed, the eastern portion of the shoreline contains tidal wetlands. An inlet connects the basin to Gardiners Bay. b. Size (in acres): In, ",,'" '"n" ,;= ,,,,. Page 4 of 21 17. Is the site served by existing public utilities? [!J Yes DNa [!JYes DNo DYes [!JNO a. If YES, does sufficient capacity exist to allow connection? b If YES, will improvements be necessary to allow connection? 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? DYes EJ No 19. Is the site located in or substantial!:bsontiguous to a Cntical Environmental Area designated pursuant to Article 8 of the ECl. and 6 NYCRR 6177 DYes !i]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes E]NO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 18.7115 acres. b. Project acreage to be developed: 17.2 acres initialiy; 17.2 acres ultimately. c. Project acreage to remain undeveloped: 1.5 acres. d. Length of project, In miles: NA (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. NA % g. Maximum vehicular trips generated per hour: 107 peak (upon completion of project)? f. Number of off-street parking spaces existing~; proposed 189 h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially o o Ultimately o I J 4rooms i. Dimensions (in feet) of largest proposed structure: o 35' height; 190' width; j. Linear feet of frontage along a public thoroughfare project will occupy is? 200' length. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 928 ft. 3. Will disturbed areas be reclaimed 0ves DNo DN/A 5,363 tons/cubic yards. b. a. If yes, for what intended purpose is the siie being reclaimed? f Landscaping Will topsoil be stockpiled for reclamation? o Yes 0 No Will upper subsOil be stockpiled for reclamation? 0 Yes 0 No c. 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 16.1 acres. Page 5 of 21 \ 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DVes 0NO 6. If single phase project: Anticipated period of construction: NA months, (including demolition) 7 If multi-phased: a Total number of phases anticipated ~ (number) b, Anticipated date of commencement phase 1: ----.2 month ~ year, (including demolition) C. Approximate completion date of final phase: -E month ~ year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes D No 8. Will blasting OCcur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction 200' ; after project is complete 10. Number of jobs eliminated by this project 100 11. Will project require relocation of any projects or facilities? 0 Yes 0 No if yes, explain: 12. Is surface liquid waste disposal involved? 0 Yes 0NO a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 0 Yes 0 No Type Sanitary stormwater runoff 14. Will surface area of an existing water body increase or decrease by proposal? DYes 0NO If yes, explain: Project includes the c~eation of approx. 0.7 acre naturalized lake/water feature on site as part of the landscaping. 15. Is project or any portion of project located in a 100 year tiood piain? 0 Ves 16. Will the project generate solid waste? m Yes 0 No DNa a. If yes, what is the amount per month? -.!J.J..... tons b. If yes, will an existing solid waste facility be used? 0 Ves 0 No c. If yes. give name Southold Transfer Sta. ; location Ctltcho~ue, Southold d. Wii! any wastes not go into a sewage disposal system or into a sanitary landfill? EJves 0 No Page 6 of 21 I e. If yes. explain: It is intended to recycle portions of tile abandoned building (steel, concrete, eel.) during demolition. 17. Will the project involve the disposal of solid waste? DYes 0NO a. If yes, what [s the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes 0 No 19. Will project routinely produce odors (more than one hour per day)? DYes 0NO 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 0NO 21. Will project result in an increase in energy use? 0 Yes D No If yes, indicate type(s) fossil fuels. electricity to operate facility. 22. If water supply is from wells, indicate pumping capacity ---..H6.. gallons/minute. 23. Total anticipated water usage per day _ gallons/day. 24. Does project involve Local, State or Federal funding? DYes 0 No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board o Yes City, Town, Village Planning Board 0 Yes City, Town Zoning Board 0 Yes City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies 0ves o Yes DYes (ElVes o Yes EJNa DNa DNa DNa o Na 0NO o No DNa Type Site Plan Special Pennits for Trans. Motel & Restaurant SCDHS Site Plan Trustee's Wetlands NYSDEC Tidal Wetlands US Army Corp C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? 0ves 0 No If Yes, indicate decision required: D Zoning amendment o Site plan o Zoning variance o Special use permit Page 8 of 21 o Newlrevision of master plan o Resource management plan \ Submittal Date o Subdivision o Other 2. What is the zoning classification(s) of the site? f Marine II (MlJ) District 3 What is the maximum potential development of the site if developed as permitted by the present zoning? 18.7115 acre boatyard/marina for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use. office for the sale of marine equipment or products, dockside facilities for dispensing of fuel, and similar uses. 4. What is the proposed zoning of the site? INA , F,;e. m"""m ~~'"" "'"'~"."' "'" '" " ~"" " "~,'oo " ~ '"~"" -~, 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0ves DNo 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? Multi-family and single-family residential, agricultural, abandoned industrial land uses. Zoning is R-40 (I-acre single-family), RR (Resort Residential - Multi-family), MIl (Marine District - site). 8. Is the proposed action compatible with adjoining/surrounding land uses with a % mile? [!]Ves DNO 9. If the proposed action is the subdivision of land. how many lots are proposed? NA a. What is the minimum lot size proposed? NA Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes 0" No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? f"il Yes nNO a. If yes, is existing capacity sufficient to handle projected demand? 0" Yes DNo 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. DYes DYes 0" No DNo Slight increase in local traffic as per Dunn Engineering Associates review (4/2005). D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. ^W"'""'""':?~~;::Do SIgnature / .~~ / .'-- L------- /2 -;2. --0':;- Date Title Attorney for Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page10of21 III .... -- ..,--~ -- ii1OlIO 0II.lII'1ClH 'fM).. . ~ i'l:l II 1'MIO'9ICI aen - NY'1d ;WS """"or - - ~..2I:l..""~ _~Wa~ Cd .... I I m '''lG''lJ1lo.ry I () ~otllIoJ,o-"qn"lO .nna I ~ i ~ I d I ~IIII ~ ~ h!1 ~ i ~ I ! hi Q I ! ;~ I . ~ ~ II dh II ~ Ii Iii ~ i @@@@) @8@@8GG I- I I I I I ~ I I I 1- qf~ I r I w I I ~ Z 0 I ~ ~ J.~ ~~ I ~~ I II .4 ~.- II '\::- - ; ..... I I \ I I \ I --- 1111- I I_ I I i ~-- I I I \ \ i r--- I \ \ I I r-- \ I I \ ! ! ! ! ! ! -I L_J=:L:~:=:==_L-J ! L _ - _ ------j I ----- BUTT-OTRUBA-O'CONNOR ARCHJ:"ECTS, AlA 1062 Northern Boulevard, Rosiyn, ,NY, /576 Tel (516) 62:-6625 Fax, (5/6) 62,i-6629 10 January 2006 Town of \outhold Southold Town Hall i'1l111eX PO Box] 179 54375 St,lte Route 25 Southold, NY 11971 Re:Gaia Holistic Circle Dear Mr. Semon: It is our pleasure to submit to you our applicatio 1 for the ab()','e referenced project. I would like to tli,;:e this opportunity to teU you some ad( itional informtion about the project that would ll(,t be indicated on the drawings at this time. As YOll me aware, the site is located on Gardinel's Bay in Ea! ,Marion. The 18.7-acre site features a J OGO-loot shoreline along with an exi lung dredge,' marina basin. Currently several abanduned 8l1d diJapidated structures ex st on the sit<:, The overall site was used for commercial purposes and much uf the land dannged. Our int.ention for the buildings and the site is to seek LEED ,reen building certification. Upon conpldion, the pl'Oj e',t will rank among tie most exc(,;,tional eco-friendly designs in the COUl1 r)'. The project is cUlTcntll' registered 'Nith the US :mc under our finn. LEED certification provides a corrlplcte framework fOI assessing b1ltlding performance, site usage and mee lng suslainc,bility goals. It not only addresses enerp usage and efficiency but, restoration oftbe land am' shoreline, sustainabl" site develorment, use oflocal materials and reSOUl'C'e l in the project, recycling, pollutants, '"', ater savings. materials selection and indoor cnviroilller,tal quality, Some of the items, which will be required and inplemented rar this project, are the following: - ,<dtemative transportation: Two cornmu ,er shuttle V2 IS will be provided for pickup of .,eople 00ming to The site via public trar'sportation. Therefore parking capacity has been sized not to exceed the minimum] )cal zoning" ,'quirements, Some of the rQinimwn will be land banked. - Bike storage racks are also provided to ',encourage n("l-invasive travel. - All parking on the s;i te will be by valet( nll'. Once a,)erson arrives. they are mcouraged not to use their car. - ','he parking areas themselves will be of permeable [;"avel material which will allow the natural absorption of surface waters not add any runoff pollutants to the soil, I educe heat islands, . Electric cans wlll be csed on site for gett ng around, I"lt walking is preferred. . U!,der developing the, site, . 1he current site was abused as an indLlst'ial site. We will be restoring the land by acding water features, cre,ating lovely Ja] anese garder,s and adding landscaping. . '~'c will keep as many existing trees as p' Issible and all new landscaping will be indigenous and water efficient. . Tle shoreline and a large wetlands area \dll be kept Lltural and maintained. . Tle existing bulkhead along the bay will be replaced 'lith a more natural stone rip- wrap to match the adjoining property. . T Je new building will be constructed in 1 he location <:f the existing factory so as not te disturb more of the site than is necessay. . A state of the art septic system called Kr, )moglass wi, be used. In essence it puts p,)table water back Luto the site . Tne majority ofmat'lrials used will be k~al. . Tne materials and design style will blene with the sit,.. Soft curves, natural colors. . All pathwa)'s inside the site will be natu:al materials. . Energy efticiency is addressed by means of solar hot '.vater and rooftop gardens, The eltire energy usage for the site will be c, midered reL~wable energy. . Recycling will occur. . Light pollution is kept to a minimwn. l)w level liglt:.ing will be used along to paths a ld parking areas. . Water saving fixtur(:s 1,::\ the units. . B.eduction of all dc..based refrigerants i~ implementcl in the new hvac systems. Our directicl is to provide a site in which the harm'my of the bt.ildings and thr: landscape reflects and~estores a natura! equilibrium. The eli<-nt's objectivr is to reduce, recycle and return to the earth wha: is mken. Should you 'lave any questions, please feci free to (ontaet us, Sincerely, ~ ~~ a _" - Edward P. Hutt Principal Danita Otr.ba-O'Connor Principal M..r 23 06 00:56.. Moore Law Office 631 765 4643 p.2 ;"';..J-H.t't..-'-JN.J)--t.,.. f Town of South old LWRI' CONSISTENCY ASSESSMF;~T FORM A. INSTRUC110NS <<;,,"<~*'> ~' ;,? .", ~\\ \1bP n ,It' /' \,\ ~ ~ ,t/' ':-' ...' ~~'~.,"/ Beta ~ \vering the queslion:) in Section C. the prcparer ofth.is form should revic\.\'thc exempt ~ ", ";l;'~' ~ ~ . m:llor " (I U~t. policies ~lnd explanaticn:; of ~ch policy contained in the Town of SOUl hold \~.. 'b.. . .~\jRJ....R1...,ocal\)"3lo?"r ...<.,"...t..Re\'it..'\h2arinn Program. A prcposed a<:tioTl will be 'Z:\':lI'Jate.'d as to its Sig.niffcant ", "Vi '\ ~ 1.....:) ... o,=,_nefi;:;ja! J[I ,Hh(~.rsc enc.,.t,.,\ UP;)H the coastal area (which indud{~s an of Soulhold Town), \ . .... ., \\\~/~/ " .. , \ '. .' " . . \\ ,\ 3. ,_ , ",iT any q~1 ~', o-Jrr.S;e t nn C 00 th15 fl)ffi'l lti answered "yes . tneH the prop~ed actIon may affect '\ ' \ ./'",.,<,.."c::. ,:,'"tl',l~' I",;:~"cm~n~~ ...\VRP polky standard-s ~l'ld conditions contained in f,he consi~tenc}' revic'N '\ '\ V" s~~~:,~\'<:\L'..I.a\'.v:.-r..~~.,on, sl:IQuld t:c anaiyz~d in m~n:: detail and, jf ncccsS;lry: modified prior t~ making __a~'!\\iJ)l(! Jon that Ii I::; COnSl:itcnt (I) the maXHnwn extem prachcable with the LWRP policy .,J '~plO~~dfu:'..'b. and \}::mdilhJns. If an action cannot be certified:Jl' crm~i;;telll \\'lfh the L\VRP pO!il:Y ;~ 5tarKbrd~, and ::;;..nditlons, it ,;h.~)!1 not be undertaken. \. ....~' . .t-... copy oftbc LWRP is available in the follow:ng places: online allht: TO\'.-n of Soul hold's wcbsite (southoldh,!wn.r:(.\!.thfork,llct); the Hoard of Trustees Omce, thePlonning [h~panment, alllx31 libraric5;. and the TliV/!1 Ckrk's :J!)-tce. 1. ,<" _~ ,@cants JeT pemlirs* including Tt)wn of South old agcncie>;, ~;haH ,::offi;:--lete this CCAF for ,..:...r~:F~ ~,Cl:p.~ ,-':(,L?ctiotls ti1a\.af(; ~ur,jcct to t{1€ 10\"\'0 (;{' Soutl-wld \Vatcrhllf;t l'0nsistei1~Y Review Law. ~::r.;,- " This.... '-sessment is inter:ded to supplcmem other informafion use.a by a TCl'-m of South old agency g.'adetemlinati\.1l1 of consistency. ~'Except minor exempt 3ctiOl~sincludlng Building nd ,(>ther lrolDlstcnd pJ;."rmlw nollo~-ated withm the CO;]~lal f:Jo~ion Hazard Ar('"a. \ , '- B. DESCRIPTION OF Sln~ AND PROPOSED ACTION SCTM# 1000-38-07-7.1 AGI<:NT: Patricia C. Moore Esq. 51020 Main Road. Southold ~y 11971 The Application has been submitted to (check appropriate respollse): Town Board 0 Planning Dept. 0 Building D;:e,t. 0 Board ofTlUstees 0 Zoning Board of Appeals ~ C;;tegory of Town of Southold agency action (check anpropriate response): (a) Action undertaken directly by Town agency (e.g. capita! col1stmction, planning activity, agency regulation, land transaction) 0 {b.l Fimmcial assistance (e.g. grant, loan, subsidy) 0 (C) Pennit, approval. license. certitlcation: ILl Type: Spcdalllcrmillcxeeption T:lW\'l'.':' ~~'ll.!~:oiJ LWl{P Cnr.:;j5\!:l,t:;- A$~;:::;'.~I\"l;':!ll !-C\r,ll. Mar- 23 06 08:57a Moore LaUJ Orfic@ 631 765 4643 p.3 \ Nal'll" and extent of action: Proposed removal of an abandoned industrial buHdiRl!(s) and the construction of a transient hotel complex with 114 Imest rooms, restaurant. mana\!cr's n.'sidence. v.lriou. acceSSOry structures (swimmilllz pool, mceti"\! morns. l!:azebos. maintenance buUdin!!. etc.l. refurbisi!cd boat basin/slips, c,",:'atlon of lake/water feature. landscapinl!. reconstruction of cxi.tin!! bulkheadln!!. ,l;-e,\jzhll1.. removal of deteriorated shoreline protection structures. construction of new shoreline protection structures. construction of sewalle treatment facilitv on a 18.7115 acre site. Location of uctioll: ji.astsidc of Shipv,"'d Lane. north of Gardiners Ea.. near Cleaves Point. East Marion. Site acreag,\: 18.7115 acres Prc:,:enllalld ese: Aballdonedfdeteriol'ated industrial buildings. ()~erl!rown fiekhlsecond l!rowth woods. dredlled boat basin. Present zl'n.ing classification: Marine II 2, If .,n applkatiofl [;:,1' the propu,;ed action has been tiled with the Town of Southold .1g.nc:y, the f"lIowing infonnalion shall be provided: (a) Namt' of applicant: Ok;-])o Ltd. c/o Patricia C. Moore Esq. (b) :\1aiJing address: 51020 Main Road. Southold NY 11911! (e) T dephone number: (631} 71\5-4330 (d) Application ""mileI'. if any; NA ''''ill the action be. directly undertake", require funding, or appmval by a slate or federal agency? Yes [] No (g] if yes, which state or federal agency:_ '!,'.v.'l1 .!is.:n.llhl.U tl.\!,;I' (' lin~i ~ \~'q",':'i l;",<;:;~;,~I,;:r. t J' t:'rTi 2 Mar 23 06 00:50a Moore L.8w OffIce 631 765 4643 p.4 DEVELOPED COAST POLley Policy I, Fosler a pal/an 'i(developmem in I/:e Town ofSolltho/d Ihal enhances communi('/ characiCr, preSel1JeS open space. makes ej}icient use of injrastructw'e. makes beni!:fkial use qla c'oasrai location, and minimizes ad....'erse effects of development See L~VRP Section III - Pulic:ie.'l-: Page 2 jbr ev...7llialion criteria.. v..1VI ", r" ""Jt' pp"",L!" [' I ti'=l ~ ,t"'v L~ .", ti....dl;.d.U t: .-i Discussion ,ifapl'wpm,to): The prollosed proied will remove abandoned. dereiorated llllildim!s that are It sill:nificant impact on the communitv character. They will be replaced with an lIttractive. unique structure and use, The existin!! deteriorated shoreline structures will be repaired and or replaced to provide tbe needed interstructure for thc nlllrine dependant uses of the facility. The propOsed use is con;istant with the zooin!! of the .ite. with a special nermit, The project will promote the l.'.oal of tourism to the Town of Southold and provide an end destination for perso", who mi!!ht no! other wise visit dIe Town. thus nrovidinl! economic benefits tu the, surroundi,,!! communities and eommerieal centers. Palicy 2. Pro tee; arid prese.rve hislorh' lJlld arclwco!og[cal resources oflhe Towll (?fSortthold. S'ce LfPi?P Se....tion HI - Policies Pages 3 through 6for evaluation criteria Yes [J ]\i0) 0 Nut '\pplicablc i2J Discussion (i1,ppwl'c.a'",: The site is not identified as area of archcolol!ielll sensitivit\' Q!' on the J'ill!ional RCl.!ister on the maD produced bv NYS Dept. Of State. Division of Coas1ii! Resour<'es. The site has heen nreviouslv been sieuiticanllv disturbed. The cxistitl~~ build!n!!s on site al'e not historic and are in a state of deterioration. The inventory prenared hv SPLIA r"r the Town d"L'S not list the site "I' structures. Policy 3. Southold. Enhance 'ViSil{;J quality and proJect sc~njc resources throughout [he Town 0/ See lJVRP Sf}f..':tict)-: !Ii - Policies Pages 6 through 7 jar evaluation criteria Yes [gJ ;-';0 [] No: Appllcable 0 Discussion (0; "i'i'mpd3t<O): The existin!! deteriorated industial buildi"!! have a sil!nifkl!nt detrimental visual impact on the area. The existin!! shoreline protection devices arc also deleriorated and lan!e amounts of debris ('xists alonl! the shoreline and site. The proposed proiect will remo.'e the .>:istin!! buildin!!s and debris and old structun1! alon!! the shoreline. A new bulldinll.(s) orunioue and attrKtive desl(!n wlli be cOII,I,'acted. The shoreline will he revitalized with new prote.ction structures. of the sallie d"si!!n as those to the community to the west. Native plantinl! material will be installed adiaeent to tbc main build!n!! on the western portion of the site, The eastern pOrtion of tile site. adiacent to the water. will remain in its !llltllral state and provide a buffer to the water. The detached twits will be 1'.",\1: ,If:;.,},,lt"illl{J 1,.'J,Rl~ '\"n!',>:\\JI;.~" A:i;,t;.";,m.,n1 f' '\W 3 M..... 23 06 09:01.. Moo..." L..", Offic" 631 765 4643 p.5 situated around a lake/water feature and sh!nificanlv landsC80ed to provide and attractive settin\!. While lite orooosed Ol'oiee! will alter the existinl! visual settlnl!., the chal1l!e is considered an imnrovement over the existinl! visual bll!!ht tbat exists on the ~ite. hl'.',I1,I!" SVdl,.',lci Ul/HP Cl',fl:;is,em:} i\..;~j:~."!l"';'\f ':'.)f,':1 4 M..r 23 06 08:02.. Moor~ Law Office 631 765 4643 p.G NATURAL COAST POLiCiES Po/iC)' 4. Minimize loss of Uk. structures, and natural resollreesji-omfloodillg and erosion Seo L WRP Scctio/llIf - Policies Pages 8 ihrough 16Ior cvalualion criteria Yes [gJ No 0 Not Applicable 0 Diseussion CfapP"'l'r;,rc): The proposed sU'ucture(s) will be constructed to meet thc flood ele~atjon for the site. The existin!! deteriorated shoreline protection will he removed and renlaced with rin-ran that will provide nroteetion from erosion as well as 1>H1Vide hahitat within the stones. matchin!! the existin!! protection structures to the w~'St. Nat:lve plantill!! will be installed above the rip-rap to provide additional protection. The natural area on the east side of the exlstlm~ boat basin wllll'emain in its natllrf.! state. The dunc veeetation in this area will provide pmtcerion to the other aspects of the pl'Oicet. Additional native piantin!!s wiD be installed as reQuired to colonize areas of ba J'e earth. The deteriorated boat basin will be repaired and restored to llrovide a functional facilitv. Policy 5. P'-elect and improve water qualily and supply in the TO\lil (?lSouthold. See LWRP Section lIJ - Policies Pages 16 through 21 fOl" evaluation criteria Yes IZl No 0 Not Applicable 0 Discllssion (if 'pp'''prim<); A slllte of the art sewa!!e treatment facllh' will be installed as part of thE' proiect. All necessarv permits will be obtained from the SCDIJS for sewa!!c disposal. The existin!! deteriorated sanitary system will be removed. The site \Vas inspected for the possibilitv of toxic and hazardous materials. All potential sonrces wen, removed f,'om the site and disposed of in accordance with re!!ulations. The exisli,,!! structures. paved areas. etc. bas direct discharges for runoff into the surface walel"s. Cnder the proposed proieet these will be removed and on site reehilr\!e will be provided. Native and low-fertili7A!r dependant plant species will be used in the desil!R and landseapin!! to reduce nitrol!en load in!! from the site. Polky 6. P,P/eet and restore the quality Gnd/imction a/the T o~vn o/Southold ecos.vstems including Sigl1ijicallf Coastal Fis/; and Wifr!l!fe Habitats and 1<'efl""ds. See LTYRP Sectioll f[J - Policies; l-'ages' 22 through 32/t)l. evaiualion criteria. Ves f8] No [J Not Applicable 0 Discussion (,fappmp,i"H: The site is adja<,ent to Gardinel"S Bav lInd contains a dred!!ed boat hasin. The cxistln!! bO>lt bllSin has shoaled closed which has resulted in slal!nate conditions. Tlle proposed restoration of the boat basin \ViII allow for tidal actIon within it that wiD improve water Quality. The existin!! tidal wetlands on site win bo he disturbed. The Sil!l1ificllnt amount of debris with the wetlands and .<luReHn" arca~ will be removed. The oroposed llse of rip-raD will provide increase T'lIVtlOfS(nJlh,)ld I.WHi' C(mfl~t""I1(,Y i\~t.~~MlIl:lH fcnfl 5 Ma,.. 23 06 09:05.. Hoor@ Lew Office 631 765 4643 p.7 habitat value over Iht, previous bnlkheadiul! alom! the shore line. An existinl! osrnev nest will remain and a natural huffer of "ndisturbed vel!:etation will remain around it. The proiect will ereate a lake/water feature that is not currently on the site. No freshwater wetlands arc in the area of the site. and the creation of the lake/water feature will provide add;tional hahitat not "resenth avalible, fl,licy 7, Pro/eel and improve air IjwliilY in/he Town ajSoU/hold. See LWRP Seetioll lfl- Policic." Pages 32 rnrollgh 3.Jfor (.'valuation criteria. See Section III ~ Policies Pages; 34 through 38jor evahtatio/l c,'iteria. Yes [] No 0 Not Applicahle r2'l Dis..~ussion (ifl.tPlm~pnat~:):_ Policy 8. .Millimizc Cllvir;ml1/cmal degradation ill Town of SOlllholdti'om solid wasle and lwzordous. ,\:U.hSUlHces and wastes See LlfRP Section Iff -Policies; Pages 34 ihrough 38/iJl' evalumion criteria. Yes [3J 1',{\ [J Not Applicahle 0 Discussion (ifoPPIOI.,i.,q: This proiect is beine desilmed as a "Green Project" undl'rs the LEEl) Dl'Ol!ram. as such. a key componant will address the handline: of solid waste and ..ecvclinl!, The removal of the existiue structures on with will be a part of this Pfoarllm that will Include but not limited to recylinl! scrap metal and crushine of cQucreteJ.o lIse in construction for the faelHtv. As noted previous'". a Phase I and II Environmental Sitl' Assessmelll was carried out on the site to determine if and hazardous waste was 011 'he site. Susped sources were investieated and propel'lv addrcssed, "rUW]; ot S{~u\jl,',id l \\;1<..1' C\lI~::oi~t~ll~:,' A,',_;'~;:<';)i(j'l h!l"'" 6 ~..r 23 06 09:06.. Moore LllIUJ Officii!' 631 765 4643 p.D PUBLIC COAST POLICiES Policy 9. Provide/or public access 10, alld recrcational use 0/: coastal waters, public lallds, and public resources of the Town ({Sour/wid. See L IPRI> Section flI- Policies: Pages 38 throug/l 46 for (:"vuLwtiO/l criteria. Yes [ZJ No [J Not Applicable D Diseussion (,fepPl0friatc\: The proposed action will provide a facilitv available to the publjc. The l~xistin2 boat basin that was previous a llrivate industrial facility. and siltt,d ill. will be l'estored to ll\'Ovide fnr a boat basin ,,,iIl dock space for transient boals, Existilll! dduis alOlll! the shorelIne will be "emoved, The public access at lhe ead of Shipyard Lane ",m he preserved and visual impaets caused by the existinl! detenorallx! industrial structures will he removed. Il\\.\n t.lj:;',,';.j},~ ,~I.W!,'." ';()~~."li<:":n~y ,\. .'.'.;-=rnd\1 ponn , , M.... 23 OS 09:0e.. Moore L.ew Off i ce 631 765 4643 H''ORKJlVG COAST POL/OES Policy 10, Protecl SoU/lrold's water-dcpL'llllenl uses lIlId promote siting of new water-dependentllSe, in suitable localHm.\', Sce LWRP Seclionl!f- Policies; Pages 47 through 56 jhr eval,wtimJ criteria. Yes IS; No D Not Applicable U Discussiol! r;ropll,."pri,"<): The deteriorated. ori~ate industr'ial boat basin will be restored to provide a fadHtv for transient boaters. The proposed transient hotel Fomolex will provide till' public with a facilitv adiacent to the water that l~ cOllsistent with the policy standards as listed in Table 1 of the I_WRP. Polh:l? II. P/,(H1l01e- .'J'u....taiJiablc use of living marine resow'ces in Long lslal1dSound. the Pe...~(mic t.-'slUm)' and TOl1'1'i .waters. See L ,,,'up Section ill - Policies: Pages 57 through 62jor ei,'a[uatioll criteria, Yes lZl t-.u LJ Nul Applicahk [J DiscUlsion lir"l'propr:""'; The restoration of the tidal action in the boat basin will !!!!I!.r!lVC waler Quality in it. This will promote and enhance the marine resources found on the site, Policy 12_ p,-(>tfJc/ agnculwrall"nd, /" ;hc Towll o/Sout/wld. See LTVR? Section Iff _ Polic:ics; Pages 62 through 65/()i' evaluation criteria. Yes [] N" [J Not Applicable [S] Discussion (ir~rpmp.-i;lt('):_ Policy 13. Promote apP"o{wi(llc W'(} and dU1Je!opmellf of energy and mineral resources. See /,.If."RP SCClim? il1,~ Policies; P::'..~e.s 65 '''rol1gh 6&/0'" evaluation criJeria. Yes!ZJ :"lo [J Not Applicable [] Discusshm (I' "PP"''''nt",: As stated pJ'eviouslv. the project is beiR!! desilmed as a "Green ~-,9i~.'1lldel' the Limn pro!!ram. Tile Droiect is bein!! desi2ned to use various suurees of alternate enel'!!';' as Dart of its operation. as well as many enerln' s3\'in2 devices and techiques, "cop" of Town form created on 2'[ 1/06 I"LIWI!1.)l ~1?"IIJ),1.i i.WIU' l,:Oll$.i~,\'.rI(;Y Ai.,....Sfnc,lll.11l111 p.9 . 8 . 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet ftexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE.. Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [2] Part 1 [2] Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: DA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. DB Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. . DC The project may result in one or more large and important impacts that may have a significant impact on the environment. therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions Gaia Holistic Circle @ East Marion Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date Page 1 of 21 , PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Gaia Holistic Circle Location of Action (include Street Address, Municipality and County) els Shipyard Lane, East Marion, Town of South old, Suffolk County, New York SCTM #1000-38-7-7.1 Name of Applicant/Sponsor Oki-Do Ltd. c/o Patricia Moore, Esq. Address 51020 Main Road Zip Code 11971 City I PO Southold State NY Business Telephone 1-631-765-4330 Name of Owner (if different) Oki-Do Ltd. Address One Lincoln Plaza, Apt 24E City I PO New York State NY Zip Code 10023 Business Telephone 1-212-799-9711 Description of Action: Proposed removal of an abandoned industrial building(s) and the construction ofa transient hotel complex with 114 guest rooms, restaurant, manager's residence, various accessory structures (swimming pool, meeting rooms, gazebos, maintenance building, etc.). refurbished boat basin/slips. creation of lake/water feature. landscaping. reconstruction of existing bulkheading, dredging. removal of deteriorated shoreline protection structures. construction of new shoreline protection structures. construction of sewage treatment facility on a 18.7115 acre site. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: 0 Urban o Forest [Z]lndustrial o Agriculture o Commercial o Residential (suburban) o Rural (non-fanm) D Other Abandoned industrial buildinJ!s 2. Total acreage of prqject area: 18.7115 acres. Water Surface Area PRESENTLY AFTER COMPLETION 14.4 acres 9.1 acres acres acres acres acres 0.1 acres 0.1 acres 1.4 acres 2.1 acres 1.5 acres 1.0 acres 1.3 acres 6.3 acres acres acres APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: [Z]Well drained -1.QQ.% of site D Moderately well drained _% of site. o Poorly drained _ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 0 Yes 0 No a. What is depth to bedrock NA (in feet) 5. Approximate percentage of proposed project site with slopes: 00-10%--1QQ..% 010-15%_% o 15% or greater_% 6. Is project substantialtLJiontiguous to, or contain a building, site, or district. listed on the State or National Registers of Historic Places? U Yes [!J No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes [!JNO B. What is the depth of the water table? 0-18 (in feet) 9. Is site located over a primary, principal. or sole source aquifer? [!Jves ONO o Yes [!] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? IIIYes D No According to: I Cramer Consulting Group Identify each SDecies: Osprey nest in southeast corner of site. Area will remain natural any construction near it will be timed to avoid disturbance during nesting periods. 12. Are there any unique or unusual land forms on the project site? (I.e., cliffs, dunes, other geological formations? DYes III No Describe: The site is located adjacent to Gardiners Bay. While portions of the site contains "dune species" in the SE portion of site, the entire been disturbed in the past. However, this SE portion of the site will remain "natural", 1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes III No i' ~,. ~,,;", DYes GNO 14. Does the present site include scenic views known to be important to the community? The site presently contains deteriorated, abandoned industrial buildings. that visually impact the visual quality. 15. Streams within or contiguous to project area: INA [~A ~~. ""'m.oo -. ''''"~.". ,....., 16. Lakes, ponds, wetland areas within or contiguous to project area: Site is adjacent to Gardiners Bay. The site surround an unnamed dredged basin nnsed in conjuction with the previous oyster processing use. The north, south and west sides of the basin are bulkheaded, the eastern portion of the shoreline contains tidal wetlands. An inlet connects the basin to Gardiners Bay. b. Size (in acres): 1'" ..., ;, ''"~ - ;. ,;re Page 4 of 21 17. Is the site served by existing public utilities? [!] Ves DNo [!] Ves DNo Dves [!]NO a. If VES, does sufficient capacity exist to allow connection? b. If VES, will improvements be necessary to allow connection? 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? Dves E]NO 19. Is the site located in or substantial~ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NVCRR 6177 Dves ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dves E]NO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 18.7115 acres. b. PrQject acreage to be developed: 17.2 acres initially; 17.2 acres ultimately. c. Project acreage to remain undeveloped: 1.5 acres. d. Length of project. in miles: NA (if appropriate) e. If the project is an expansion. indicate percent of expansion proposed. NA % f. Number of off-street parking spaces existing Abood.; proposed 189 g. Maximum vehicular trips generated per hour: 107 peak (upon completion of project)? h. If residential; Number and type of housing units: One Family Two Family Multiple Family Condominium Initially o o o Ultimately I 14rooms o i. Dimensions (in feet) of largest proposed structure: 35' height; 190' width: 200' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 928 ft. 2. How much natural material (i.e. rock. earth. etc.) will be removed from the site? 3. Will disturbed areas be reclaimed [!]ves DNo DN/A 5,363 tons/cubic yards. a. If yes. for what intended purpose is the site being reclaimed? I Landscaping b. Will topsoil be stockpiled for reclamation? [!] Ves D No c. Will upper subsoil be stockpiled for reclamation? [!] Ves D No 4. How many acres of vegetation (trees, shrubs. ground covers) will be removed from site? 16.1 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes mNO 6. If single phase project: Anticipated period of construction: ~ months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated 2 or 3 (number) b. Anticipated date of commencement phase 1: --2. month 2007 year. (inciuding demolition) c. Approximate completion date of final phase: ~ month 2005 year. d. Is phase 1 functionally dependent on subsequent phases? m Yes D No 8. Will blasting occur during construction? DYes m No 9. Number of jobs generated: during construction 200' ; after project is complete 10. Number of jobs eliminated by this project 100 11. Will project require relocation of any projects or facilities? 0 Yes m No If yes. explain: 12. Is surface liquid waste disposal involved? DYes mNO a. If yes. indicate type of waste (sewage. industrial. etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 0 Yes D No Type Sanitary stormwater runoff 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes 0 No If yes. explain: Project includes the creation of approx. 0.7 acre naturalized lake/water feature on site as part of the landscaping. 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes 0 No 16. Will the project generate solid waste? 0 Yes 0 No a. If yes. what is the amount per month? 0.7 tons b. If yes. will an existing solid waste facility be used? 0 Yes 0 No c. If yes. give name Southold Transfer Sta. ; iocation Cutchogue, Southold d. Will any wastes not go into a sewage disposal system or into a sanitary iandfill? ElYes D No Page 6 of 21 e. If yes, explain: [t is intended to recycle portions of the abandoned building (steel, concrete, ect.) during demolition. 17. Will the project involve the disposal of solid waste? DYes [!]NO a. If yes, what is the anticipated rate of disposal? _ tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes [!] No 19. Will project routinely produce odors (more than one hour per day)? DYes [!]NO 20. Will project produce operating noise exceeding the local ambient noise levels? DYes [!] No 21. Will prqject result in an increase in energy use? [!] Yes D No If yes, indicate type(s) fossil fuels, electricity to operate facility. 22. If water supply is from wells, indicate pumping capacity NA gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? DYes [!] No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board [II Yes City, Town, Village Planning Board 0 Yes City, Town Zoning Board 0 Yes City, County Health Department [II Yes Other Local Agencies 0ves Other Regional Agencies DYes State Agencies 0ves Federal Agencies o Yes 0NO DNa DNa DNa m No 0NO DNa DNa Type Site Plan Special Permits for Trans. Motel & Restaurant SCDHS Site Plan Trustee's Wetlands NYSDEC Tidal Wetlands US Army Corp C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? [!]ves D No If Yes, indicate decision required: D Zoning amendment o Site plan o Zoning variance o Special use permit Page 8 of 21 D New/revision of master plan o Resource management plan Submittal Date D Subdivision D Other 2. What is the zoning classification(s) of the site? I Marine II (MIl) Dis~ct 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 18.7115 acre boatyard/marina for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel, and similar uses. 4. What is the proposed zoning of the site? INA ,. F".' -~ "".... -"". ~,., -- ~....., ~,~""""" -'" 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0ves DNa ? What are the predominant land use(s) and zoning classifications within a v.. mile radius of proposed action? Multi-family and single-family residential, agricultural, abandoned industrial land uses. Zoning is R-40 (I-acre single-family), RR (Resort Residential- Multi-family), MIl (Marine Dis~ct - site). 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? [!:lYes DNa 9. If the proposed action is the subdivision of land. how many lots are proposed? NA a. What is the minimum lot size proposed? NA Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? D Yes 0 No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 0ves 0 No a. If yes, is existing capacity sufficient to handle prqjected demand? 0ves DNa a. If yes, is the existing road network adequate to handle the additional traffic. Dves Dves0No DNa 12. Will the proposed action result in the generation of traffic significantly above present levels? Slight increase in local traffic as per Dunn Engineering Associates review (4/2005). D. Informational DetaUs Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal. please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Patrica Moore, Esq. for Oki-Do ".-. ~ Date /2 ~;Z ~oS-- Title Attomey for Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there wili be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact. also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NOD VESG Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot D rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on iand where the depth to the water table 0 is less than 3 feel. Construction of paved parking area for 1,000 or more 0 vehicles. Construction on land where bedrock is exposed or 0 generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or EJ involve more than one phase or stage. Excavation for mining purposes that would remove D more than 1,000 tons of natural material (Le., rock or soil) per year. 0 o Yes DNa 0 Dves DNa 0 o Ves DNa 0 OVes DNa 0 OVes GNO 0 o Yes DNa Page 11 of 21 1 Small to Moderate Impact 2 Potential large Impact Construction or expansion of a santary landfill. o o o o o o Construction in a designated floodway. Other impacts: 3 Can Impact Be Mitigated by Project Change OVes DNo OVes DNo OVes DNo 2. Will there be an effect to any unique or unusual land forms found on the site? (I.e., cliffs, dunes, geological formations, etc.) [!]NO DVES Specific land forms: I o o OVes DNo Impact on Water 0 0 Dves E]No 0 0 Dves E]No 0 0 Dves DNO 0 0 Dves E]NO 0 0 Dves E]NO 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation law, ECl) DNa E]VES Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: Reconstruction of existing bulkhead and dredging in tidal wetlands. Removal of deteriorated shoreline protection structures & construction of new rip-rap shoreline stabilization structures. 4. Will Proposed Action affect any non-protected existing or new body of water? E]NO DVES Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. o o Construction of a body of water that exceeds 10 acres of surface area. o o Other impacts: o o Dves E]NO Project calls for the creation of a naturalized lake/water feature on site. DVes DNo DVes DNo Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? [!]NO DVES Examples that would apply to column 2 0 0 Dves DNo Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not 0 0 Dves DNo have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater 0 0 Dves DNo than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water D 0 DVes DNo supply system. Proposed Action will adversely affect groundwater. 0 0 Dves DNo Liquid effluent will be conveyed off the site to facilities which 0 0 Dves DNo presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons 0 0 DVes DNo per day. Proposed Action will likely cause siltation or other discharge into 0 0 Dves DNo an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or 0 0 Dves DNo chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without 0 0 Dves DNo water and/or sewer services. Proposed Action locates commercial and/or industrial uses 0 0 Dves DNo which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 0 0 Dves DNo Page 13 of 21 1 2 3 8mallto Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? ONO E]VE8 Examples that would apply to column 2 0 0 OVes ONO Proposed Action would change flood water flows Proposed Action may cause substantial erosion. 0 0 OVes ONo Proposed Action is incompatible with existing drainage patterns. 0 0 OVes ONo Proposed Action will allow development in a designated 0 0 OVes ONO f100dway. Other impacts: E] 0 OVes E]NO Stormwater runoff will be contained/recharged on site wI subsurface structures and landscaped lake/water feature. Eliminate existing direct stormwater runoff from aband. buildings & paving. IMPACT ON AIR 7. Will Proposed Action affect air quality? E]NO OVES Examples that would apply to column 2 0 0 OVes ONo Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton 0 0 OVes ONO of refuse per hour. Emission rate of total contaminants will exceed 5 Ibs. per hour 0 0 OVes ONO or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land 0 0 OVes ONO committed to industrial use. Proposed Action will allow an increase in the density of 0 0 OVes ONO industrial development within existing industrial areas. Other impacts: 0 0 Dves ONo IMPACT ON PLANlS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO E]YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site. or found on the site. o o DVes ONo Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change D D Dves DNo D D Dves DNo EI D Dves ElNo Other impacts: Osprey nest in southeast comer of site. Area will remain natural any construction near it will be timed to avoid disturbance during nesting periods. 9. Will Proposed Action substantially affect non-threatened or non- endangered species? ElNO DYES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: I D D DVes DNO D D Dves DNo D D Dves DNo IMPACT ON AGRICULTURAl LAND RESOURCES 10. Will Proposed Action affect agriculturai land resources? ElNO DYES Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of21 D D Dves DNo D D DVes DNo D D Dves DNo The Proposed Action would disrupt or prevent installation of agricultura/land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: I 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change D D Dves DNo D D DVes DNo I IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) DNO GVES Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use pallerns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result In the elimination or significant screening of scenic views known to be important to the area. Other impacts: G 0 Dves GNo 0 0 Dves DNo 0 0 Dves DNo 0 G Dves GNO The site currently contains abandoned, deteriorated industrial building(s) & accessory uses that will be removed, which is considered to be a significant benifical impact. IMPACT ON HISTORIC AND ARCHAEOlOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? GNO DYES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeoiogical site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeoiogical sites on the NVS Site Inventory. Page 16 of 21 o o o Ves 0 No o o OVes ONo o o OVes ONo 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Other impacts: 0 0 OVes ONO IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? o NO DYES Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community_ 0 0 OVes ONo 0 0 OVes ONO 0 0 OVes ONo Other impacts: I IMPACT ON CRIT1CAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NVCRR 617.14(g)? E]NO OVES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 0 0 OVes ONO Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the 0 0 OVes ONo resource? Proposed Action will result in a reduction in the quality of the 0 0 OVes ONo resource? Proposed Action will impact the use, function or enjoyment of the 0 0 OVes ONO resource? Other impacts: 0 0 OVes ONo Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON lRANSPORTAllON 15. Will there be an effect to existing transportation systems? EJNO DVES Examples that would apply to column 2 0 0 DVes DNa Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. 0 0 Dves DNa Other impacts: 0 0 Dves DNa Slight increase in local traffic, impact will not be significant as per Dunn Engineering Associates review (4/2005). IMPACT ON ENERGV 16. Will Proposed Action affect the community's sources of fuel or energy supply? EJNO DYES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. o o Dves DNa Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. o o Dves DNa Other impacts: I o o Dves DNa NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? EJNO DYES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. rher impacts: 0 0 Dves DNa 0 0 DVes DNa 0 0 DVes DNa 0 0 Dves DNa 0 0 Dves DNa Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? E1NO DYES Proposed Action may cause a risk of explosion or release of 0 0 Dves DNa hazardous substances (Le. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" 0 0 DVes DNa in any form (Le. toxic, poisonous, highly reactive. radioactive, irritating, infectious, etc.) Storage facilities for one miilion or more gallons of liquefied 0 0 Dves DNa natural gas or other flammable liquids. Proposed Action may result in the excavation or other 0 0 DVes DNa disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: 0 0 Dves DNa I IMPACT ON GROWTH AND CHARACreR OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? DNa ElVES Examples that would apply to column 2 0 0 Dves DNa The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal bUdget for capital expenditures or operating 0 0 Dves DNa services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or 0 0 DVes DNa goals. Proposed Action will cause a change in the density of land use. 0 0 Dves DNa Proposed Action will replace or eliminate existing facilities, 0 0 Dves DNa structures or areas of historic importance to the community. Development will create a demand for additional community 0 0 DVes DNa services (e.g. schools, police and fire, etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Proposed Action will set an important precedent for future D 0 Dyes DNo projects. Proposed Action will create or eliminate employment. D 0 Elves DNo Other impacts: 0 0 DYes DNo Removal of abandoned, deteriorated industrial building(s). Generation of appro x 200 jobs during constr. & 100 after completion. Both considered significant benifical impacts. 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? EJNO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3. EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentialiy large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the foliowing for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact couid be mitigated or reduced to a smali to moderate impact by project change(s). 3. Based on the information availabie, decide if it is reasonable to conclude that this impact is Important. To answer the question of importance, consider: ! The probability of the impact occurring I The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or wili be controlied ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 ~ ~ .,~ '~, .. ' .... " ~" ':.' QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a rinancial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Or 1{;:umko Tatsumura Hillver pres. Ok; -On T.tiL B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { x} Yes {} No for landscape treatment and removal of foreighn material (oyster shells) D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? y"o 3. Is the property bulkneaded between the wetlands area and the upland building area? yes 4. If your property contains wet ands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? y"" DEe & Trustees consulted and permits will be required E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? .no If yes, please submit a copy of your bUilding permit and map as approved by the BUilding Department. If none, please state. H. Do you or any co-owner also own other land close to parcel? yes If yes, please explain where or submit of deeds. this copies Own a unit in Cleaves Point Condo. I. Please list present use or operations conducted at this parcel abandoned oyster factory/ and ~r:~;'i.n< m'"'' """"n<, ."....., .... "',.\m A~orized Signature and Date .. . ,. 3/87, 10/90lk , ~ Al'l'r.ICANl' 'rIlANSAC'1'!ONAI. IJIScr.OSlJRR I."OIUl 'l'he Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers and em 10 ees. The J2.!!!.pose of this form is to provide information wh ch can ~.lert the town of possible conflicts of Iii"terest and allow it to take whatever action is necessary to avoid same. YOIJll NAtIR: P/tT/?/C:II7 C. (1f(j6 /(f ;J.,illTTotVIE'{fIl!( fJf':.~~ZLlkOf/fLlfER (Last name, first nam;;>' 'middle init( 1, un ess you ars applying In the name of someone else or othsr entity, such as a company. If so, in<lical:e ~he other person's or company's name.) NA'1'lJIlE 01." APPLICA'l'ION: (Check all that apply.) 'I'ax grievance Variance Change of zone Approval of plat Exemption from plat or officIal map Other -<)P&'II1~ E~cEprl <># ..,. Itrea VantH1U (If "other," name the actlvlloy.) no you peroona11.y (or t.hrough YOUI:' company, OpOtloo... 0 ibl.lllg , parent, or ohl1.<I) have a relill;ionship wll;h any officer or emp1.oyee of the 'rown of 50ul:hol<17 "Ilelationship" inoludes by blood, marriage, or busineos interest. "nuoineso inl;ereot" maano a businesR, ino1.udl1\9 a partnerohip, In which the town Officer or employee hilS even a parl;ial ownership of (or amp10ymenl; by) a corporal;ion In which the town officer or employee owns nlOre thiln 5% of the shares. . 'I YES NO X If you anowered "YES,". complete the balance of this form and date and oign where indicated. Name of person employed by the Town of Southold Tllole or position of lohat person Describe the relationship between yourself (lohe applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. 'rhe town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply), A) the owner of greater lohan 5')(. of the shares of the corporate sloocle of lohe applicant (when the appllcanl: is a ~orporation), B) the legal .or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation), C) an Officer, direcloor, parloner, or employee of lohe applicantl or D) the actual applicant. DESCRI P'I'ION 0[0' IlELNI'IONSII I I' Of~~(j~ SUbmitted th..l:-s-- /.. / Slgnabu .. Pr I nl: ""me (! m60;1~ FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: Julv 5.2004 RENEWED & AMENDED: October 26. 2005 AMENDED: Februarv 3.2006 AMENDED: Februarv 26. 2006 TO: Patricia Moore NC Oki-Do Ltd. 51020 Main Road Southold, NY 11971 Please take notice that your application dated March 17.2004 For permit for construction of transient moteL a single family dwelling. two restaurants and a private marina at Location of property: 2835 Shipyard Lane. East Marion. NY County Tax Map No.1 000 - Section 38 Block~ Lot7.1 Is returned herewith and disapproved on the following grounds: The proposed construction. on this conforming 800.624 square foot lot in the M- II District. is not permitted pursuant to Article XXIII. Section 100-239.4. B.. "All buildings or structures located on lots upon which a bulkhead. concrete walL riprap. or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." Following the proposed construction. the proposed proiect will have a 48-foot setback to the existing bulkhead. In addition. the proposed transient motel use and proposed restaurant uses require special exce1;>tion approval from the Southold Town Zoning Board of Appeals pursuant to Section 100-121. In addition. the urouosed construction is not uermitted uursuant to Article XXII. Section 100- 122. which states. "No buildin!! shall be used and no buildin!! or uart thereof shall be erected or altered in the Mil District unless the same conforms to the Bulk Schedule and Parkin!! and Loadin!! Schedules incoroorated into this chauter bv reference. with the same force and effect if such re!!ulations were set forth herein in full." Pursuant to bulk schedule. all urinciual structures are limited to 35 feet in hei!!ht. The architectural features, listed on the most recent site ulan as "arcs," measure 35.83 feet. 55 feet, and 43 feet. at their hi!!hest uoints. resuectivelv. Site plan approval from the Southold Town Plaoning Board will also be required. This Notice of Disapproval was amended (10/26/5) following changes in the scope ofthe project. This Notice of Disapproval was amended (2/3/6) following changes in the scope of the project. This Notice of Disapproval was amended (2/26/6) following additional information submitted to the building department in reference to this application. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: File, ZBA, Planning , ,t #1" . , . 'j t,,r " C)() APPLICATION TO THE SOUTHDLD TOWN BOARD OF APPEALS Fee: $_ Filed By: For Office Use Only Date Assigned/AssIgnment No. Office Notes: Street Shipyard Lane East Marion Parcel Location: House No. 2835 38 7 SCTM 1000 Section_Block_Lot(s) 7.1 Lot Size Hamlet 800,624 sq.ft Zone District MIl I (WE) APPEAL THE WRITTEN DETERMINATION OF THE B1;(ILDING INSPECTOR DATED: October 26, 2005 (l.c.'7-ranrc~J 62/~f.,/o"') Apf'licant/Owner(s) : Dr. Kasuko Tatsumura Hillyer Mailing Address: 1 Lincoln Plaza, NY, NY 10023 T I h 212-799-9711 e ep one: (^ ~. V*''''' NOTE: If applicant is lIor the ~wner, state If applicant is owner's altorney, agent, architect, builder, contract vendee, etc, Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 765-4330 fA-K'; 765-4643 Please specify who you wish correspondence tb be mailed to, from the above listed nam~s: o ApplicantlOwner(s) cr: Authorized Representative 0 Other: .. March 17, .2004 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: n Bufiding Permit o Certificate. of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built.Construction El Spe'cial Except10n Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection aud paragraph of Zoning Ordinance by uumbers. Do not quote the code. Setback to bulkhead Article XXIII Section 100- 239.4Subsection B in Boat Basin f'lNO Heiqht of' Ard',,\:-dvra..t fec.dvres. .Pi."""d 35/ (/1/0 -/01../2. ) Type of Appeal. An Appeal is made for: IlA Variance to the Zoning Code or Zoning Map. a A Variance due to lack of access required by New York Town Law-Section 280-A. a Interpretation ofthe Town Code, Article Section o Reversal or Other A prior appeal \l(has 0 has not been made with respect to this property UNDER Appeal No._Year. '(SfeC;"'~1 et-Uj?I7';'-" ) Reason for Appeal Continued Zoning Board of Appeals re: Oki-Do Ltd. Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The 18.7 acres is presently developed with dilapidated Industrial buildings which exceed 35 feet in height. The dilapidated industrial buildings were formerly used as an Oyster Processing Factory. The Boat Basin is man made and the buildings are located at less than 75 feet from the bulkhead. The setbacks of the building to the Boat Basin will be maintained at 48 feet. The setback of the existing building to the bulkhead along the Bay is presently 54.9 feet (the proposed distance is 67.42 feet- more conforming). The DEC has recommended stone revetment along the Bay to match the design of the revetment at the Cleaves Point Condominiums. The location of the revetment is expected to be at the same location as the bulkhead, the final location will be determined by the DEC. The Motel and Restaurant building is a unique design which incorporates the circles of the holistic and Feng Shui belief (Ancient Asian culture and philosophy). The walls are "spires" which taper towards the ski and follow the feng shui circles. The spires are critical components of the architectural design and carry throughout the building as well as the overall development of the entire site. The Zoning Ordinance at 100-230 (D) (1) Specifically provides Height Exceptions for: "soires, belfries, cupolas and domes not for human occupancy..." Spires is not defined in the zoning ordinance. However,"Spires" from New World Dictionarv, Second Collage Edition is defined as "the top part of a pointed, tapering object or structure, as a mountain peak or anything that tapers to a point, as a pointed structure capping a tower or steeple. The architectural feature is a spire. The walls bisect the building at three points: The first arc (length is 304.5 feet) begins at 28 feet and tapers to 55 feet (average height of the wall is 41.5 feet); the second arc (length 100'9") begins at 33.5 feet and tapers to 43 feet and the third arc (length 101'7") begins at 29.5 feet) and tapers to 35'10" These spires are a critical design element to the building. While These arcs fit the definition of "spires" and would not require height variances, if the Board feels that a variance is necessary then the applicant respectfully request an area variance for the height of the arcs. The arcs will not be out of character with the property, the existing industrial buildings exceed 35 feet in height and the property contains an exhaust tower from the Oyster Factory which also exceeds 35 feet. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The location of the Restaurant and decking is maintained to keep the setbacks away from Shipyard Lane and provide significant setbacks for parking and landscaping. Most importantly to the owner is the location of the buildings to benefit from their location along the water. The established setbacks are maintained, the property is heavily developed with industrial strength poured concrete. The owner, in their plan for redevelopment will remove these "hard structures" and incorporate natural materials and colors. The Feng Shui design of the overall property can only be achieved by developing the structures within the circles. The arcs are used as symbols (as a cupola on a church identifies the structure) for the Feng Shui design. 3. The area variance is not substantial The setbacks were established by the existing development of the Oyster Factory. The Boat Basin is man made and used by the Oyster Factory for their fish processing operation. The proposed buildings will rehabili tate a deteriorated eyesore. The existing industrial buildings on the site exceed 35 feet. The architectural design is very carefully considered to capture the importance of the sky and water at this site. This building will attract visitors from around the world and the owner hopes will be considered among the architectural wonders of this century. The application of the balancing test weighs in favor of the grant of the variance. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed structures are maintaining existing setbacks and areas of disturbance. The foundations and bulkheads within the basin area are thick poured cement, these structures will be reconstructed, to the extent required, to comply with both DEC and Trustees recommendations. All development will be in compliance with environmental regulations and LEED certification. The setbacks to the wetlands along the north-east area of the property are preserved in a natural condition. The area adjacent to the Bay contains cement, bulkhead, dilapidated boats and construction material from the prior fish processing plant. The proposed plan will clean up the area, remove environmentally hazardous materials, all in compliance with DEC regulations. Moreover, great emphasis is placed on landscaping and visual treatment. The design of the building, we hope, will be of international importance. The design will be spectacular from every angle, but most unique from the waterfront. 5. The alleged difficulty was not. self -created. The area of development was established by the Oyster Factory. Significant disturbance was caused by the Industrial use, the proposed redevelopment of the site will return the property to a more natural condition. The architects designed with the zoning code which allows spires. The arcs bisect the building. Removal of this feature destroys the architectural integrity of the building. Two separate Architectural Review Committees have reviewed the preliminary designs and approved of it. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The proposed development will be a benefit to the community and a complete revitalization of an industrial site. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. -7 / (d/t slgnature State of New York ) ) ss County of Suffolk ) to this 3," day f-ta, - 2D::X.Q. . BETSY A. PERKINS . Momry PubliC. Slats ol New York No.01PE6130636 Qual'''''' In Moll< County 2Do'1 Con'vnIssion Expires July 18. 02/17/06 11:31 FAX 516 625 6629 BUTT OTRUBA O'CONNOR ~vu.c::; .:. ~t APPLICANT'S PROJECT DESCRIPTION (f(~ ZSA &.f<7<""o' AppliC>lDt: Oki .. do L-\&.. __ Date Pr<:paTed: L Fo,'l)emolitiJlo of Existing Building Areas P ieao;e describe areas being removed; _. There are three (31 existina buildinasjQ be removed. (11 2-storv brick and concrete buildina 144,145 SF), (2l2112.~lY- _ !""tal bulldinll 128,565 SF) and (3) 1-story metal building (2,449 SF). In addition to the b~ildings, there are various _~ structures to be removed. These structures for removal include a concrete black pump house, remnants of a cesspool - field,' hoist, boat dciCKS,movable conveyor, sheds, chrmney and overhead pipes. II. New Constructloll Areas (New Dwelling or New AdditionsIExtensions): Dimensions of fust f1001' extension: New Rrst Aoor: 28,992 SF Din~nsions of new seoond Door; New Second Aoor: 22,430 SF Dimensions of floor abo-.e second level: New Unenclosed Rooftop Patio; 5,400 SF Height (from finished ground ro rop of ridge): 42.0' 10 the top of Skylight. Avg height of Arc Walls: Arc1.41.5', Arc2.3825' Is basement or lowest floor area being oon&1ructed? If yes, please provide height (abo"" ground) and Arc3-32.67' measured from natural existing grade to first floor. N/A III. l'rop"sed Alterauons or Interior Structural Changes without enllu'gementlwensioo (o"acl1.."".- If""""'-''''1) . .1'1= describe building areas; Number of Floors Bnd General Characteristics BEFORE A1t<ml!ions: N1A Number of Floors and Changes wrm Alteralions: NIA IV. CalcltlatioDS of building arens snd lot coverage (from surveJ'or): Existing square footage of buildings on your property: 36,730 SF Proposed increa..e of building covernge: -O.4!ti(33,475 SF-36,730 SF) 1754,677 SF) Square footage of yoltdot: 754,677.0 SF (17.325 acres) PCTccutage of coverage of your lot by building area: Lot Covereae ofTrenslent Motel Only: 4.4% To1alfor All Buildings: 13.50/. (= 101,552 SF 1754,677 SF) V. Purpose of New Construction Requested: Redevelopment of site. , Vi Please dcsuibe the Wid coJItours (filiI. slope %, etc.) ll$ exist and how It rollltes to the diffiClllly In meeting the code requlrement(s): N1A - .i'lea..e submit seveu (7) pbotes, labeled to sbow aU yard are"s or proposed eonstructlon after staking coruers for lIew construction), or photo. of oxistlng building area to be altered (area of requested eb,ulges). 712002; 212005; 1I2006 QUESTIONNAIRE FOR FILING \'lITH YOUR Z.B.A. APPLICATION A Is the subject premises listed on the real estate market for sale? DYes ~No B. Are there any proposals to change or alter land contours? ckn IXYes DNo ~(}y-.,J"7- oy~-k"'~hclls _ c:kbv:e, ~ 0~V' 5_ I) Are there any areas that contain wetland grasses? ,y~ 2) Are the wetland areas shown on the map submitted with this application? ''1et 3) Is the property bulkheaded between the wetlands area and the upland building area? Yp<., - . . 4) If your property contains wetlands or pond areas, have you contacted the office of the To~ Trustees for its determination of jurisdiction? Ves Please confum status of your inquiry Qr application with the Trustees: llFG!. '-"'1',;,,,.., f<.p b(<"'>'Y1<"M "1 'Rid \:l.-.JOd W\!i, . S-tone R"''''-i me"". Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ f~ . E. Are there any.patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these Structures On a diagram if any exist. Or state "none" on the above line, if applicable.) c D. F. Do you have any construction taking place at this time concerning your premises? tv", If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Y~f> - If yes, please label the proximity ofyourlands on your map with this application. u""-\- '<\ 0 eCUlt". J1,ir<t C"",clo. ~l{)rmu:J H. Please list present Use or operations conducted at this parcel -A'~olled 0ys-k/ :facto'j , and proposed use /fOVY1S ie.<.t m o+<:-l Itvid l2'es~~ . (eXa1T]ples'~?: single-family; proposed; same with garage.) WCl{, acc-es6C"'j lJS<S. .' ~7l---- Authorized Signature and Date 2/05 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of EthicS IJlohibits conflicts of interest on the Ilart ofT Own oft.eers and employees. The PUlpose of this form is to provide infomration. which can alert the Town of ossible conflicts of interest and allow it to take whatever action is necessa to avoid same. YOUR NAME ---P fj T t? let /1 ~ /11 G.i 0 fZ E- IJbYVI Rn1..- ;It" (Last name, first name, middle initial, unkss YOll are applying in the name of someone else or other entity, sllch as a company. If so, indicate the other person or company name.) ~ 'De. K A6t> l'.o IA-'I'5V{l1U(Z.4- +h LL'I "''12- NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: ...........--- Do you personally, (or through your company, spouse, sibling, parent, or child) haye 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 paJ1ial ownership of (or employment by) a corporation in which the Town officer or employee owns. more than 5% of the shares. ..../ . " YES NO V If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employeq by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A tluough D (below) and/or describe the relationship in the space proyided. Tile Towli officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of tile shares of the corporate stock of the applicant (when the applicant is a corporation); B) tlle 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 tile applicant; or D) tile actual applicant. DESCRlPTION OF RELATIONSHIP f) r:.: e r/ / "_ Submitte..d}l)is..B-:-:, ~_of7ZlhuO 200p r Slgnatry;e: ~~ Print N'amec F'mtu( I h ~tJlJm :S. \, SEAS~ , "'.'UD"'. '1iilQ'.~.~--_.;", . "~"."'::'" :,', -."_ (~'~"_:,},';,,:,,':,: :")"::>::;:'i,:,-'.~tT::.':;i-~:,'dW7>:i::,::;,:",:"r~~:~/~"'}:i? ,STREET 1)..35 'VlliAGE I . 14. ,~.(. ~'y".t~~ N . E C ~c S . dl. ~.p , ,.~., eer'An:ftc A"BA. n.~~.>',,/:M.~ ;7/7 i;.;:> " DIsT'. SUB. LOT .3 IN ACR. . "'t''1'50 TYPE OF BUILDiR<.tGi OYSTer" . 'l_ ...>11-- r' .L ~....-! /,,' ,9 ",f .. f-' t. "i ArT'" IdlJle 1 l'abFe 2 lalJle' 3 VL. FARM MISe. Mkt. Value . 31.6(>1'~ tAND IMP. TOTAL 'f' ,'-/, a- , -r: . I"~it , l ',,\O'c -- (~S~A)/~J \) ,~{)-".'::/~/v' - 6. ()66 If V'" /I....) -i' d-; -. , ~&. ~ v J) ,r" , f ",'^'_\ f":'Y A_d /1/'.9 s-..:;-o 0 . -Ie I i-".... " '"' + C<:>~'f:-lf (on;, $l'j4 ,,;f 4~' .,...' ,& ."".".1"'.." "' '.'," f~ ~,~-.:::t :;;'SlUCY ,I;;"""~""i~",,, I <;Lc) ~6 <:;:) if '-(be) ampland ,shland ' . :)' " , 'if ;l'. .:.,'fI.P.'. ,} I '"" ',', ,", ' .' . . ,< ......;/! Pa.r1s lB. .~. 0. ,tk,..,: e;"'e..ll*"h-l,.;"f',iJ"..~~./i..'F..IZ.....i;.",~.'.'.i'.6~.o,- . .~.,'" ('r;'t.<:;t'i'$j..'r<:\ r... r,e,. T1?t:>1-n' A.J!.Jfj+cr"d $'2,'?'/):"~f',..'~./ ,',:. . ",. .... . /' . - , ' - - ''.'J'''''- '''':.' i" , .....,-,.',. )odland c' FRONTAGE ON ROAD DEPTH DOCK 7 0/1 ~ ()'fl~[y~"'J~, ::: 1j' , . :ji 1 -I- .order ~ 'S" ct::lc,t, '1& 11 - +0 '-102:60 q-L 11'15'f(J55 -4j.t{{t+Dcx:1 {7> Oki -DD L fd IE)II DO} ceo ;,;..u~~ ~_~' - OJ... ..1'.- ,"-.-' rjkJ!or Colt IItnTfc'u '~r II -"II , J/,~-, <"'" tflJit,irO J.., qt1jb 0), ob;;;-"fo,:filo. 8(Jp 1: (: 'linI ']n r .., ~ ,'" - . B8LKHEAD ''''.-'',-.',,-, . j'r' '1', · / {:'i...ON ~., - d~' -,-Itf:., ~,.,; "'~.<" ~,~ FORMER OWNER SUB. LOT e /) ;/ 'If ' q,::~ , ,1 " ~ ,'/7___, ~'~ ^~. B/~'o-';'~,f _ /. ''''".-..'.~ ",J" . E:s. LAND c.,,.. .s~S. tMP. VL TOTAL ',',',. "j {)nq ".I 1 ' {f'r/o~~:[j i/~_ '0 ,") ") ..t"cX','.,..- c;"... 'r s I ......",-",. '. L 3' ? r,...", , F J -.) v '-' 7C-,1 , ,o4l~,I<O a Value ,{ , " I 1) ) 'f- ~ 4:: O. H' - ,,:?, (i ,/,0,) f \:::::7 .5 ~ y Qv 'i I ! ! / ~----~ ~. .:;~. ,>, ~::'}~:?:;~~i~;:. .," ~"'':.~jC l~d..;." iWNER ~r TOWN STR13ET S. LAND ? @iO AGE :w \RM able odland odowlond JSe Plot 01 i':''='~'~ ~-~ SEAS. IMP. ."cr-o NORMAL Acre ~.'- ~ , VL. ~ose. S 1../0 'S/S' TOTAL ? '7 .r;) VILLAGE DIST. , SUB. 't" ~ ACR. 7:"? TYPE OF BUILDING "I FARM DATE ,. BELOW BUILDING CONDITION Value Per' Acre ABOVE Value ~ FRONTAGE ON'WA!ER FRONTAGE ON ROAD DEPTH / )(' , BULKHEAD DOCK li!IItrI.-'!II i I .t; ...., /' J __..cd' PROPERTY: OKI-DO LTD. SPECIAL EXCEPTION CRITERIA: LAW: PRESUMPTIVELY V ALID...ALLOWS APPLICANT TO PUT HIS PROPERTY TO A USE WHICH THE ORDINANCE EXPRESSLY PERMITS....THE USE IS CONTEMPLATED BY THE ORDINANCE SUBJECT TO REASONABLE CONDITIONS TO MINIMIZE THE IMPACT ON THE SURROUNDING AREA 100-263 A. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF ADJACENT PROPERTIES OR OF PROPERTIES IN ADJACENT USE DISTRICTS: The premises is located at 2835 Shipyard Lane, East Marion, Town of Southold, County Tax Map #~000-038-07-7.1; The proposed Transient Motel will not prevent the ordinary and reasonable use of adjacent properties. The applicant wishes to develop a luxurious transient motel where peace and tranquility are utmost importance. The design of the gardens and ponds are an Oriental theme intended to provide privacy for the occupants of the motel and neighbors B. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF PERMITTED OR LEGALLY ESTABLISHED USES IN THE DISTRICT WHEREIN THE PROPOSED USE IS TO BE LOCATED OR ADJACENT USE DISTRICTS: The transient motel and restaurant are permitted uses, by special exception. Across from Shipyard Lane is a condominium development. Uses proposed are more desirable than commercial marine uses otherwise permitted in MIl zoning. The design of the site plan is intended to minimize impact to adjacent residential development. Simultaneously with this application, the applicant has filed for site plan review and approval Additional features of the project are described on attached letter dated January 10, 2006 from Butt & Otruba-O'Connor Architects to Mr. Semon, Site Plan Reviewer. C. THAT 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 The proposed motel will be an asset to the Town of Southold, there is an increased need for motel space due to the construction of the Breaknock Hall property, and the increased tourism created by the year round wineries, fall pumpkin season, and winter Christmas Tree sales. The goal of the owner is a tranquil and peaceful setting were the units are surrounded by Japanese gardens. The project, the owner believes, will receive world wide interest. The LEED certification requires reduction in transportation impacts by providing for shuttle service from airports, bus and train transportation hubs. The guests in the motel will be provided with transportation to such commercial centers as The Village of Greenport, Wineries and other points of interest. D. THAT THE USE WILL BE IN HARMONY WITH AND PROMOTE THE GENERAL PURPOSES AND INTENT OF THIS CHAPTER The Marine II zoning permits development of the waterfront for recreational uses such as the proposed use. The subject property has been an eyesore in the community and underutilized for many years. The proposed project will rejuvenate this property, provide extensive gardens and attract visitors from around the world wishing to relax within a peaceful setting. E. THAT THE USE WILL BE COMPATIBLE WITH ITS SURROUNDINGS AND WITH THE CHARACTER OF THE NEIGHBORHOOD AND OF THE COMMUNITY IN GENERAL, P ARTICULARL Y WITH REGARD TO VISIBILITY, SCALE AND OVERALL APPEARANCE The areas disturbed by existing buildings will be developed and the architects have designed unique structures in the Japanese style. The gardens and ponds are being designed by specialist in the field, using native species, as well as Japanese gardens and ponds. F. THAT ALL PROPOSED STRUCTURES, EQUIPMENT AND MATERIAL SHALL BE READILY ACCESSIBLE FOR FIRE & POLICE PROTECTION The reuse of the property will meet or exceed building code standards. Environmental and energy efficient development is proposed. The site plan provides for emergency and police protection. The development will support the local economy and entrepreneurship for the local year round population. 631 765 4643; JUN-'8-02 10:04; P~(k C::/,~ I AUTHORIZATION LF,TTE,R New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits OWNER: OKI-DO name: address: telephone LTD. Dr. Kazuko Tatsurnura Hillyer 1 Lincoln Plaza, Apt. 2U: New York, NY 10023 number:212-799-9711 Ph.D, ['resident PROPERTY: SCTM# : 2835 Shipyard Lane, 1000-38-07-7.1 East Marion AGENT: name: address: telephone Patl-icia C. Moore Esq. 51020 t>lain "Road, SouthaLl. NY 11971 number: 631-765-1330 Dear Sir or Madam; I Dr. Kazuko attorney, Patricia submissions to the other "-seney having Tatsumura Hillyer Ph.D authorize my C. Moore as my agent for all DEC, .southold Town Trustees, and any jurisdiction regarding the property. Very t~:),ffy Yo~__.. _-- Hillyer Ph.D Dr d 10 January 2006 BUTT.OTRUBA-O'CONNOR ARCHITECTS, AlA 1062 Northern Boulevard, Roslyn, NY 11576 Tel. (516) 625-6625 Fax. (516) 625-6629 Town of Southold Southold Town Hall Annex PO Box II 79 54375 State Route 25 Southold, NY 11971 Re: Gaia Holistic Circle Dear Mr. Semon: It is our pleasure to submit to you our application for the above referenced project. I would like to take this opportunity to tell you some additional information about the project that would not be indicated on the drawings at this time. As you are aware, the site is located on Gardiners Bay in East Marion. The l8.7-acre site features a 1000-foot shoreline along with an existing dredged marina basin. Currently several abandoned and dilapidated structures exist on the site. The overall site was used for commercial purposes and much of the land damaged. Our intention for the buildings and the site is to seek LEED green building certification. Upon completion, the project will rank among the most exceptional eco-friendly designs in the country. The project is currently registered with the USGBC under our firm. LEED certification provides a complete framework for assessing building performance, site usage and meeting sustainability goals. It not only addresses energy usage and efficiency but, restoration of the land and shoreline, sustainable site development, use ofIocal materials and resources in the project, recycling, pollutants, water savings, materials selection and indoor environmental quality. Some of the items, which will be required and implemented for this project, are the following: · Alternative transportation: Two commuter shuttle vans will be provided for pickup of people coming to the site via public transportation. Therefore parking capacity has been sized not to exceed the minimum local zoning requirements. Some of the minimum will be land banked. · Bike storage racks are also provided to encourage non-invasive travel. · All parking on the site will be by valet only. Once a person arrives, they are encouraged not to use their car. · The parking areas themselves will be of permeable gravel material which will allow the natural absorption of surface waters, not add any runoff pollutants to the soil, reduce heat islands. - · Electric carts will be used on site for getting around, but walking is preferred. · under developing the site, · The current site was abused as an industrial site. We will be restoring the land by adding water features, creating lovely Japanese gardens and adding landscaping. · We will keep as many existing trees as possible and all new landscaping will be indigenous and water efficient. · The shoreline and a large wetlands area will be kept natural and maintained. · The existing bulkhead along the bay will be replaced with a more natural stone rip- wrap to match the adjoining property. · The new building will be constructed in the location of the existing factory so as not to disturb more of the site than is necessary. · A state of the art septic system called Kromoglass will be used. In essence it puts potable water back into the site. · The majority of materials used will be local. · The materials and design style will blend with the site. Soft curves, natural colors. · All pathways inside the site will be natural materials. · Energy efficiency is addressed by means of solar hot water and rooftop gardens. The entire energy usage for the site will be considered renewable energy. · Recycling will occur. · Light pollution is kept to a minimum. Low level lighting will be used along to paths and parking areas. · Water saving fixtures in the units. · Reduction of all cfc-based refrigerants is implemented in the new hvac systems. Our direction is to provide a site in which the harmony of the buildings and the landscape reflects and restores a natural equilibrium. The client's objective is to reduce, recycle and return to the earth what is taken. Should you have any questions, please feel free to contact us. Sincerely, BP~ Edward P. Butt Principal b~ ~ Danita Otruba-O'Connor Principal .I Fax. (631). 765 - 9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTIIOLD. NEW YORK 1197] SCOTT A. RUSSELL SUPERVISOR TOWN IIALL - 53095 MA]N ROAD Tel.(63])-765- ]560 JAM IE. RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 August 25, 2006 Re: Oki-Do Ltd. Site Plan Shipyard lane, East Marion, NY SCTM #: 1000-39-07-7.1 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the Site Plans for the above referenced project. The Site Plan drawings have been prepared by the office of Young & Young, Land Surveyor; and the office of Butt'Otruba-O'Connor Architects, AlA. These drawings have been dated 3/17/04 & 12/28/05. Please consider the following: 1. Please note that the proposed disturbance resuiting from construction activities and grading of this site will be greater than one (1) acre in area. This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. 2. Drawing C-3: This existing condition drawing sheet shows the existing topography of the site and a flood Zone line of AE (EI 9). These two items need to be coordinated. While the flood zone line was interpolated from a large scale map it should also be modified to align with the nine (9') foot Contour that runs through the property. This item should be reviewed by the Building Department. 3. It is apparent that the main access to the site is proposed by the way of Shipyard Lane. I have reviewed this item with Mr. Harris and he has requested road improvement to Shipyard that would include resurfacing of the road and the installation of new drainage systems in the Town Right-of-Way. Additional drainage should be incorporated into the project design to recharge storm-water run-off before it reaches Peconic Bay. 4. The proposed access roadway to the Managers Residence may require Excavation, Fill and/or Grading to achieve a stable road design. The impact of this new road on adjacent property to the East should be dealt with. Landscape Buffers, the maintenance of storm-water run-off and the elimination of erosion problems should be addressed. 5. The Proposed Restaurant Building Setbacks from the High Water Mark should be reviewed with the Zoning board of Appeals and the Town Trustees. It is understood that there is an existing structure but to what extent will this building be reused? By the time the existing structure is made flood compliant it would be well over a 50% threshold for new work. In addition, the proposed design of the new facility does not appear to utilize any of the existing structure with the exception of its footprint. Therefore, it is recommended that the proposed new Restaurant facility be relocated to meet the minimum standards of Town Zoning and enhance the policies of the LWRP. This item should also be reviewed with Mark Terry for LWRP Consistency. Page ..L of.l. . Jerilyn B. Woodhouse, Chairperson - Planning Board Re: Oki-Do Ltd. Site Plan SCTM #: 1000-39-07-7.1 August 25, 2006 Page 2. of.l 6. Cross section "A-A" on sheet A-4 and the Rock Revetment Detail on sheet A-5 indicate the toe of Revetment to be seaward of the High Water mark. It is recommended that this item be constructed landward and above the Mean High Water line. In addition to preserving the marine community along the shoreline, this item would allow for the preservation of the foreshore that may be utilized by the General Public. This item should be reviewed by the Town Trustees and the LWRP Coordinator. 7. Storm Water Leaching Pools should be installed a minimum of two (2') feet above the Water Table. Some of the proposed leaching fields adjacent to Tidal Wetland areas may be set too deep. Leaching Pool design depth and Test Hole information should be coordinated to maintain a minimum two foot separation. 8. The lighting plan on Sheet C-7 seems excessive when it appears that almost all of it will be located immediately adjacent to Town Right-of-Ways and the rear yards of the existing residential properties. It would appear that some of this site lighting and parking would be better suited if it were constructed within the interior of the site to reduce the impact on the adjacent property owners. 9. The current proposed location for the Southerly entrance to the site is too close to the road end. This Town road end is used for public access to the waterfront and should not be monopolized by the use of this new facility. It is recommended that this entrance be moved in a northerly direction to align with the entrance of the Condominium Complex located on the opposite side of the street. 10. Drainage calculations indicate that Tributary Area # 13 will have six (6) pools. The site plan only indicates five. This item should be modified accordingly. If you have any questions regarding this review, please do not hesitate to contact my office. Sincerely, James A. Richter, R.A. CC: Peter Harris, Superintendent of Highways Zoning Board of Appeals Southold Town Trustees Michael Verity, Principal Building Inspector Mark Terry, LWRP Coordinator , ( REVIEW OF DRAFT SCOPE FOR DRAFT ENVIRONMENTAL IMPACT STATEMENT "GAIA HOLISTIC CIRCLE" PROPOSED SPECIAL EXCEPTION PERMIT FOR TRANSIENT MOTEL SHIPYARD LANE, EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Prepared for: Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 (631) 765-1938 Prepared by: Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 (631) 427-5665 Contact: Charles J. Voorhis, CEP, AICP Date: October 9, 2006 Comments on Scope The Project Description should be reviewed to ensure that it is accurate and matches the project plans and Environmental Assessment Form Part 1. The scope was revised by the Planning Board and consultant for the Positive Declaration and it is recommended that the Project Description from the Positive Declaration be used for consistency. The Project Description section should expand the "Objectives of the Project Sponsor" to indicate the Gaia Holistic Circle form of treatment/lifestyle as related to site use and design. The Project Approvals list should be revised to reflect Water Supply and Sanitary System approvals under Articles 4 and 6, respectively, for Suffolk County Department of Health Services approvals. , Gaia Holistic Circle Review of Draft Scope East Marion, New Yark , The Project Approvals list should be revised to reflect need for a New York State Department of State Coastal Consistency permit. The Project Approvals list should be revised to reflect need for a New York State Department of Environmental Conservation permit for mining to create the proposed man-made lake. The Project Approvals list should be revised to reflect the filing date and status of each of the required permits. The Project Description section should be revised to address the following project information: · Address breakdown of use areas from a structural standpoint; indicate if the "patio" will be covered; . Required and proposed parking; . Use of permeable pavement should be described in detail in terms oflocation and use; . Loading docks; . Dumpster locations; . Detailed discussion of site lighting including illumination analysis; . ADA compliance features; . FEMA Flood Plain development compliance; . Details on lake system, method of construction/lining; water supply; stormwater retention qualities if applicable; vegetation and landscaping; . Details on water supply, volume/quantity, irrigation well, ability to access public supply; . Detailed description of cut and fill, fill depth and fill volume for site development; . Details on dredging and bulkhead project; dredge spoil, volume and quality; dredge spoil dewatering, dredge spoil disposal. . Details on the LEED green building certification being sought for this project. The Project Description section should be revised to include the following Construction information: . Project phasing (if applicable); · Method of construction, construction timetable; . Construction management, equipment staging, protection of natural and sensitive areas; . Need to modifY overhanging trees on Shipyard Lane for construction or operation; · Quantity of soil import/export, !rijck routes, management and mitigation; . Dredging and bulkhead project details; staging areas; construction methods; dewatering areas; disposal areas; time frames for construction. The Project Description section should be revised to include the following Operation information: · Uses expected of various locations and facilities within the site; seasons of use, intensity of use; . Truck sizes expected for deliveries and delivery routing; · Truck unloading areas; . Details on internal traffic circulation plan, use of gravel road and general on-site activities; . Description of use of golf carts on site; · Valet parking should be fully described; Page 2 Gaia Holistic Circle Review of Draft Scope East Marion, New York . Description of operation of the proposed marina, users, frequency of use, etc.; . Seasons of operation of various components of the facility; . Snow removal should be described as related to parking surfaces and operation; . Entity responsible for site operations; . Lake system operation and maintenance; lake "make-up" water; wildfowl population control; nutrient influx control; mosquito control; aesthetics; . Use and management of open space areas. The Probable Impacts of the Proposed Action section should amended to reflect that impacts will be identified as Short-Term and Long-Term. The Probable Impacts of the Proposed Action section should ensure that the following are addressed: . Depth to water, with respect to sanitary system and drainage installation; . Cromaglass system SCDHS requirements and compliance; . School district impacts in community services; · Dredging and bulkhead project impacts of construction; installation/spoil removal; dewatering; dredge spoil placement; The Scope should be modified to include the following analysis of resource categories under Existing Conditions, Probable Impacts and Mitigation: . Demography . Visual impacts . Noise impacts The following sub-sections should be added to the Probable Impacts of the Proposed Action and Mitigation sections: . Construction impacts . Cumulative impacts The Land Use and Zoning section should be broken down by Land Use, Zoning and Land Use Plans. The existing land use, potential impacts and land use compatibility should be addressed with respect to the facility, operations, parking areas and use of the site. The existing zoning, requested special permit, zoning requirements, parking requirements, and special permit criteria should all be evaluated in detail including required parking, loading docks and other related zoning dimensional and use parameters. Land use plans applicable to planning and land use of the site should be outlined, summarized and addressed with respect to the proposed project, it's potential impacts and mitigation. The Transportation section should include analysis of the full required parking for the site under zoning in determining the adequacy of proposed parking. Proposed parking should be evaluated in terms of site operations and optimum location. The concept of "valet parking" should be fully described. Handicap parking and ADA compliance as well as convenience and safety of handicap access should be addressed. The number and adequacy of truck loading docks and Page 3 Gaia Holistic Circle Review of Draft Scope East Marion, New York areas and safety/efficiency of site circulation should be addressed. The Transportation section should also include pedestrian environment and potential impacts, as well as an evaluation of public transportation and potential use. The Transportation section should address all alternative forms of transportation and well as anticipated limousine use, commuter shuttle, automobile use, boat access, etc. for site users. The Aesthetics and Cultural Resources Section should include the following analyses: . Visual Resources will be addressed by ground and aerial photography depicting existing site character from surrounding roads as well as from the Gardiners Bay. Visual impacts will be graphically assessed by use of photographic renderings of expected site conditions and line of site drawings. The impact of architectural character and styling and it's compatibility will be evaluated. The impact of use of fill, increase in site elevations, and visual appearance of structures will be evaluated. The significance of visual impacts will be assessed and mitigation proposed. Lighting impacts will be discussed from a visual impact perspective. · The existing noise environment will be evaluated in terms of ambient noise, sensitive receptors and community character. The potential noise impacts of the project will be assessed through identification of source areas, traffic circulation/volume, proximity to receptors, distance and other attenuation, and the significance of potential noise impacts will be assessed. · The historic and archaeological resources of the site will be addressed through a determination of historic and archaeological sensitivity and preparation of a Stage WIB Cultural Resources Assessment (CRA). The site is within an area of archaeological sensitivity and therefore a Stage IA/IB is required, unless significant ground disturbance is documented to the satisfaction of the OPRHP. In the Reasonable Alternatives to be Considered section the following alternatives should be address: . Alternative design for location for parking to provide convenience to proposed use areas and reduce impact to neighboring residential properties; . Alternative design to conform to a 75 foot impervious/structure setback from wetlands; . Alternative design to reduce impervious surface area (particularly the pool patio area) to increase indigenous landscaping and reduce stormwater, groundwater and wetlands impacts. Page 4 T own of Southold Notice of Public Scoping Meeting GAIA Holistic Circle/ Oki- Do, Ltd. MEETING DATE: LOCATION: Monday, October 16, 2006 at 4:30 P.M. Town of Southold Town Hall, 53095 Main Road, Southold, NY 11971 The Town of Southold Planning Board, as Lead Agency pursuant to Part 617 of the State regulations for Article 8, the State Environmental Quality Review (SEQR) Act of the Environmental Conservation Law, has scheduled a public meeting for the purpose of determining the scope of the Draft Environmental Impact Statement (DEIS) to be prepared for the proposed action described in this notice. The Town of Southold Planning Board has determined that the project will have a significant effect on the environment and has issued a SEQR Positive Declaration requiring the applicant to prepare a DEIS. APPLICANT: GAIA Holistic Orcle/ Oki- Do, Ltd. 2835 Shipyard Lane, East Marion SCIM #: 1000-38-7-7.1 STATE AND LOCAL PERMITS/APPROVALS REQUIRED FOR THE PROJECT: State Pollutant Discharge Elimination System Permit (NYS DEq 401 Water Quality Certification (NYS DEq Excavation and Development Permit (Town of Southold) Building Permits (Town of Southold) Site Plan Approval (Town of Southold) Site Soil Monitoring and Management Plan (SCDHS &DEq Copies of this Notice Sent to: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town derk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer Mark Terry, L WRP Coordinator Commissioner, NYS DEC New York State Department of State Suffolk County Department of Health Services NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department Architectural Review Committee Army Corps of Engineers Suffolk County Department of Public Works File PROJECT DESCRIPTION: This proposed action requires a special exception and site plan to construct a holistic health center with a total of 114 transient motel rooms consisting of 23 guest lodges totaling 87 accessory motel units (14 lodges containing 3 unit motel rooms & 9 guest lodges containing 5 unit motel rooms). The remaining 27 motel units are to be located in the main spa building along with a 185 seat restaurant (103 private guest seats, 72 public guest seats), 10 public bar seats, office space, retail gift shop, 27 personal service treatment suites and accessory uses. The proposed action also involves a 3,864 sq. ft. private restaurant annex with 45-99 private GAIA Holistic Circle/ Oki- Do, Ltd. Page Two October 10, 2006 guest seats and a covered 758 sq. ft. deck, 1,987 sq. ft. manager's residence with a 687 sq. ft. deck, pool, a 7,205 sq. ft. maintenance and utility building, a sanitary waste treatment facility, 1,160 sq. ft. for three (3) gazebos, man-made water features, replacement of the existing bulkhead, dredging of the 16 slip private marina basin, and various outdoor amenities on a 18.7 acre parcel in the MIl Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCIM # 1000-38-7-7.1 PROJECT LOCATION: The subject property lies in the hamlet of East Marion, Town of Southold, County of Suffolk, New York. The subject property consists of an 18.7:1: acre parcel located on the east side of Shipyard Lane, immediately west of the terminus of the deave Point Road right of way. The parcel contains approximately 927 feet of frontage on Shipyard Lane, 50 feet of frontage on the deave Point Road right of way, and approximately 920 feet of frontage along Gardiners Bay. The site is currently zoned Marine II (M- 2) District. MEE TING PURPOSE: The purpose of "scoping" is to focus the D EIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or non-significant. Some environmental impacts to be considered for evaluation in the DEIS are identified in the Department's Positive Declaration and in the project Sponsor's (patricia Moore, Esq.) Draft Scoping Document. Scoping will help to ensure that this DEIS is a comprehensive, accurate and complete document, adequate for public review and which properly evaluates the environmental impacts that may occur if the proposed landfill expansion is approved. PUBLIC MEETING: The public scoping session will be held on Monday, October 16, 2006 at 4:30 P.M., at the Town of Southord Town Hall 53095 Main Road, Southold, NY 11971. Statements from local government officials, legislators, interested and involved agencies, and the public will be heard after a Planning Board Cllair Statement is read into the record and the applicant gives a brief presentation detailing the proposed project. A stenographic record of the meeting will be prepared. Written statements will also be accepted until October 26, 2006 at the Town of Southold Planning Board office address at the end of this notice. AVAILABILITY OF INFORMATION: The application file may be reviewed by appointment at the Town of Southold Planning Board Departtnent. In addition, the applicant has provided a Draft Scoping Document containing a summary of the SEQR process, including scoping, the project proposal and some potential environmental impacts. The applicant's Draft Scoping Document has not been approved by the Town of Southold Planning Board. It is being presented at this time for public review and comment. Copies of this Draft Scoping Document have been mailed to involved and interested agencies. In addition, the document may be reviewed at the Town of Southold Planning Board, 54375 State Route 25 Southold, New York 11971 and Town of Southold Town Hall, 53095 Main Road, Southold, NY 11971. Anyone who plans to participate in the scoping meeting by providing comment is urged to review a copy of this document prior to the meeting. The scoping meeting location is reasonably accessible to persons with a mobility impairment. Interpreter services will also be made available to deaf persons, at no charge, upon written request to the Contact Person named at the end of this notice, within one week prior to the meeting, GAIA Holistic Grelel Oki- Do, Ltd. Page Three October 10, 2006 pursuant to Section 202(1) of the State Administrative Procedures Act. All persons having an interest in this project are urged to attend or be represented either individually or collectively. NOTICE DATE: October 10, 2006 CONTACT PERSON: Bruno Semon, Senior Site Plan Reviewer Town of Southold Planning Board P. O. Box 1179 54375 State Route 25 Southold, New York 11971 Telephone: 631-765-1938 ~ ~ '" ("\ . ';. . ,..' "", ~; ,,:.;f,,;......<,.~.'.'...... .". ~_.. ' .- :t~ ~ "j . :tl.~. ~'_ r"'_"\- ., ., ~ l . ", 'r' l '~'~'l- ....1;,.1 I \,~';'"ltj ,F; ~I ,: ':i, I' " ..... 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