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Home My WebLink About6314 Office Location: Town Annex/Fi~t Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, DECISION MEETING HELD NOVEMBER 12, 2009 ~' :~c,d Town Cled ZBA FILE # 6314 - E and C PROPERTY HOLDING, INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY PROPERTY LOCATION: 3800 Duck Pond Road, Cutchogue adjacent to L.I. Sound, CTM Pame11000-83-2-17.3 (former owner: Demetriades, Santodni Restaurant/Motel). SEQRA DETERMINATION: The Town Planning Board completed its 8EQRA coordinated review of this Unlisted Action and issued a determination of non-significance and granted a Negative Declaration for the proposed action on August 3, 2009. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 2, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. LWRP/EXEMPT: This application is not subject to review under Chapter 268 because the vadance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is a 16.59 acre pamel running 301.17 + 207.02 feet along the Long Island Sound to the northWest, 463.43 + 890.14 feet along the northeast boundary, 1,293.92 feet along the southern boundary, 58.98 feet along the southwest boundary, and 192.04 + 432.12 along Duck Pond Road to the west. The property is improved by two 1 ~ story frame and masonry buildings, a restaurant building, and a one story frame building, as shown on a survey by John C; Ehlers, LS., dated 08-11-2008 and revised on 10-02-2008 and 4-20-2009. BASIS OF APPLICATION:i The applicants request a Variance conceming an application for a drainage control permit based on the Building Inspector's June 3, 2009 Notice of Disapproval under Section 280-236 (13), for the reason that the site plan shows a land area having a slope greater than 20% for the construction of the proposed meetinghouse building . FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on October 29, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: Tl~e applicant proposes to construct a new 18,000 sq. ft. meeting house/conference center that will be built into the side off a hill on the eastern side of the subject property with slopes greater than 20%. This location allows the rear of the building, at the highest natural grade, to provide handicapped access adjacent to parking and to reduce the visual scale and impact of the structure on the site. Page 2 - November 12, 2009 ZBA # 6314 - JOINT INDUSTRY BOARD AND E & C PROPERTY HOLDING, INC. CTM Parcel 1000-83-2-17.3 ADDITIONAL INFORMATION: In a letter dated August 5, 2009, the Suffolk County Planning Commission recommended denial of the vadance with respect to the location of the proposed meetinghouse on slopes greater than 20% because of the potential erosion and storm water run-off problems and recommended relocation. The Southold Town Planning Board submitted a letter to the Board of Appeals dated August 3, 2009 agreeing to override the Suffolk County Planning Commission recommendations and supporting the vadance relief as applied for with regard to the location (and the 3 story height, under application ~6245) of the proposed meetinghouse on the basis that the applicants submitted a SWPP plan that addressed all concems about erosion and storm water runoff and that they would be adequately controlled dudng and after construction. The Planning Board noted that the SCPC, at the time of their decision, did not have the benefit of reviewing the storm water pollution prevention plan (SWPP), and were also under the misconception that the slope was a bluff located on the shore and might need bulkhead support. REASONS FOR BOARD'~CT ON: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following.findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the vadance will not produce an undesirable change in the character of the neighborhood or a dethment to nearby properties. The location of the proposed 18,000 square foot meetinghouse on a steep slope on the far eastedy side of the property was chosen so that the building is at the greatest possible distance from the entry to the site and the resid~tial properties to the west. Building into a hill side will reduce the visual impact and scale of the proposed building and most of the wooded area nearby will be retained. The rear wall of the meetinghouse is designed to act as a retaining wall with footings which provide anchors and will prevent erosion. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other.than an area vadance because the property is sloped on its eastern side, requiring the location if the proposed meetinghouse on a steep hill with front and rear entrances on different levels. The meeting house cannot reasonably be located closer to the living units on this "campus style" conference facility. 3. Town Law .~267-b(3){b)(3). The amount of relief requested is not substantial. Storm water drainage and erosion control will be achieved by the proposed SWPP, in addition to the use of gutters, leaders, and drywells as per code. Building into a slope will cause minimal disturb~hce to the site. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created in so far as it is the result of the existing topography on the subject property 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact o~ the physical or environmental conditions in the neighborhood. One hundred feet of the property along the eastem boundaq will be preserved and remain wooded. The building is located more than 200 feet from the Long Island Sound. The Tow~ Engineer has reviewed the site plan and the SWPP in relation to the location of the proposed meetinghouse and has stated that erosion control is adequate for the 20% and greater slopes and that proposed drainage is adequate. The SCPC acknowledged that the overall design of the proposed meetinghouse would meet the Commissions guidelines for energy efficiency and natural surveillance (see letter from the Planning Board dated August 3, 2009) A storm water discharge plan has been completed on the west side of the property and will capture the water runoff from Duck Pond Road 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a meetinghouse on a slope greater than 20%, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carded, to Page 3 - November 12, 2009 ZBA # 6314 - JOINT INDUSTRY BOARD AND E & C PROPERTY HOLDING, INC. CTM Parcel 1000-83-2-17~3 GRANT the vadance as applied for, and shown on the John C. Ehlers survey dated 08-11-2008, revised on 10-2-2008 and revised 04-20~2009. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the d~ht to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformitY. Vote of the Board: Aye ': Members Goehdnger, Simon, Weisma?~ch;'ai~der.....~e[Q,ber Homing was absent. This Resolution was duly adop ~d (4-0). J Geraj:d-F~.Goehdnger, Chairman ~ ~ oved for Filing ,Z 11/,/~'/2009 TO: FORM NO. 3 NOTICE OF DISAPPROVAL patricia Moore For E & C Property Holding 51020 Main Rd. Southold, NY 11971 JUN I 1 ZO08 DATE: June 3, 2009 BOARD 0/~ A~I/.~ Please take notice that your application dated May 20, 2009 For drainage control pen~it'at Location.of property 3800 Duck Pond Rd., Cutchomae County Tax Map No. 1000- Section 83 Block 2 Lot 17.3 Is returned herewith and disapproved on the'tbllowing grounds: Pursuant to Section 236 (13)(v) no land havl~1g a slope equal to or greater than.20% shall be developed or diStUrbed except for conservation measures.... Site plan shows construction of proposed meeting house in an area of re'eater than 20% slopes. Authorized Signature. CC: file, ZBA ce Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By: Date Assigned/Assignment No. House No. 3800 Street DUCK POND ROAD Hamlet CUTCHOGUE SCTM 1000 Section 83 Block 2 Lot(s) 2~_Lot Size 12.3 ACRES Zone I I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 18, 2009 BASED ON MAP DATED 4-20-09 Applicant(s)/Owner(s): E & C Property HoldinR, lnc by Educational & Cultural Fund of the Electrical Industry Maillng Address: 158-11 Harry Van Arsdale Jr. Avenue~ Flushing NY 11365 Telephone: 718-591-2000 Fax #: 718-969-3081 Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel(~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or {3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 4-20-09 APPLICATION DATED 5/18109 FOR: E Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: ' and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Chapter 236 Storm water Management Section 13 Subsection ( V ) Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section E Reversal or Other variance pursuant to 236-15 from 236 (13)(v) A prior appeal E has, [] has not been made at any time with respect to this property, UNDER Appeal No. _1669 Year~1972,(second on premises ground sign for motel) also pending appeal #6245 for height variance and special permit __. (Please be sure to research before completing this question or call our of. free for assistance.) Name of Owner: E & C Property Holding, lac by Educational & Cultural Fund of the Electrical Industry__ ZBA File g JUN 1 1 2009 BOARD OF AppEAL REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARL4NCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The project has prepared and filed a stormwater discharge plan, reviewed and approved by the State of New York. (Copy of NOI attached to building permit application). A New York State approved stormwater management plan complies with the Federal and State Stormwater management programs which is the basis of the Town's stormwater code. The project will comply with the goals of the stormwater management code. Pursuant to § 236-4 The purpose of the Stormwater Code is to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: B. C. D. E. Minimizing soil erosion, sedimentation and stormwater runoff; Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of floodwaters and retention of sediment; Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; Assuring that land and water uses in the Town are designed and/or conducted using best-management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features; and Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. The proposed location of the meetinghouse conforms with the general purposes of the Stormwater code. As to (A) The proposed building does not result in soil erosion or runoff, does not alter natural drainage systems or discharge onto public lands or neighboring properties. (B) The proposed location of construction is sloped land but is not a "NATURAL PROTECTIVE FEATURE" which is defined as "A near shore area, beach, bluff, dune or wetland and the vegetation thereon." (C) the proposed project does not result in stormwater runoff, in fact, the applicant has been working with the Town of Southold to correct Town drainage problems on Duck Pond Road by constructing a large storm water collection point at the entrance of the applicant's property to capture the road runoff on Duck Pond Road and correcting the Town's road runoff which presently runs down hill and enters the Long Island Sound. (D) the applicant has implemented best -management practices and does not discharge onto either public lands, neighboring properties or natural protective features. (E) the proposed drainage system on site will provide a collection point to recharge the stormwater. The drainage provided for the proposed structure will not create erosion potential, the drainage associated with the construction is adequate for the volume and rate or velocity, of surface water runoff. The proposed location of the building into the slope enables the design of the structure to be integrated into the property. The volumes and height of the building, integrated into the gradual slope, become two story with walk out basement and upper roof top. The entrance of the building faces west where the topography of the property allows the main entrance directly into the basement level. This entrance provides for handicap access from the level of the motel units directly into the building. Once in the building there is an elevator which takes the members to the first floor where the meeting rooms are located. The rear of the building wall~ out from the first floor (above the basement level) at grade. The "third floor" is only a second floor space from the east side of the property. The "third floor" contains the elevator shaft and landing for the elevator. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The property is sloped and provides a higher natural grade on the east side of the property. This allows the rear of the building to be an egress at grade. Handicap access to the story above the basement level is direct. The height of the structure from the east is only two stories. The height of the structure from the west shows the finished basement level exposed. The building will retain important water view. The proposed location of the building is set back from the activity associated with the motel. The meeting house is used for education of the members and an appropriate distance from the motel activity is needed. (3) The amount of relief requested is not substantial because: The proposed location of the building is 100 feet from the easterly property line and areas with steeper slopes. The proposed structure is located in an area where the topography is elevation 32 to elevation 20 and both retaining walls and drainage structures will prevent stormwater from affecting this or neighboring properties. The entire structure will have code compliant fire suppression, the meeting rooms are on the basement and first floor space and both spaces have direct access to the outside. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The building is located more than 200 feet from the Long island Sound. The building will be tucked into the hill. All storm water runoff will be controlled with gutter, leaders and drywells. The property is over 12 acres and this building will create no stormwater issues. The 100 feet to the east will be preserved and remain wooded. We are complying with the Stormwater Code in that all stormwater discharges is addressed on site in accordance with the engineering requirements of stormwater drainage. Pursuant to § 236-9 the applicant shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all runoff generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town drainage control systems and public rights-of-way. D. Maintaining and protecting natural drainage patterns. E. Maintaining and protecting natural watersheds. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The topography of the property enables the applicant to construct a "split level" structure which has direct access to the outside from both the east and west side. The stromwater is properly addressed through both site plan review and the building department Are there Covenants and Restrictions concerning this land: E No. [] Yes (vlease furnish covv). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF ~4 USE VARIANCE IS BEING RE~ PLEASE COMPLETE THE /ITT~ICHED USE VARIANCE SHEET: (Please he sure to ~?ou~ Si~'natm't~0f Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to heibre me this ~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECE'~ED BOARD OF: APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold 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. 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 Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP 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 LWKP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Construction of meeting House 338 feet from Long Island Sound SCTM# 1000-83-2-17.3 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals VI_ 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) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form JUN Nature and extent of action: Construction of Meeting House for Motel Educational & Cultural Fund of the Electrical Union) -....nu OFAPPEAL$ Location of action: Duck Pond Road formerly Santorini / Beachcomber Motel Site acreage: 16.59 acres Present land use: Motel, restaurant, pool Present zoning classification: RR 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: Educational & Cultural Fund of the Electrical Industry (b) Mailing address: 158-11 Harry Van Arsdale Jr. Ave., Flushing NY 11365 (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM 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 LWRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate)-' Project is located in Reach 2, the LWRP recognizes that the Town land uses comprises of facilities which foster tourism and recreation. The subject property is a motel site which required infusion of capital. The Joint Board acquired the site and is renovating the existing motel, legalizing units which were developed in an detached building known as the "pool house" and is proposing to construct a meeting house for the training and educational programs offered by the Electrical Industry. The motel and meeting house will be for the Electrical Industry members only. The location of the proposed meeting house will retain the slope. All stormwater is captured on site · and the proposed building will not result in stormwater discharge issues. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes [] No [] Not Applicable [] ~[/N 1 1 2009 Discussion (ifal~prol~riate): The subiect ~roCe~ contains a motel, Pool .......- budding. The proposed meet]n~ house will be In ~ area ofprewous dtsmrb~ce. In addition the bal~ce of the prope~ was fomerly a f~ which has been le~ untilled ~d succession of the vegetation has occu~ed. ~ere is no record of historical archeological resources. The subject p~cel was also previously the subject of a Full Enviromental Impact study with issued findings. A ~11 Enviromental Impact Statement addressed mcheological ~d historical signific~ce. No ~cheological resources were discovered. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The proposed location of the new building is more than 300 feet from the Long Island Sound. The LWRP cites the Long Island Coastal Management Program which recommends enhancement of existing development. no visual impact will result from this development. The location of the building in the slope requires a variance. However, no stormwater discharge will be caused by the proposed development. The project will correct Town Stormwater problems voluntarily,. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 111 - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed addition will require compliance with NYSBuilding Code. According to the LWRP "the motel is situated in a natural break in the bluff line, in what was once an inlet which was filled in". Therefore, the proposed development is not situated on the bluff. The proposed building is located at the based ora natural slope with 100 feet of woodland to the properly line. All stormwater on site is captured on site. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): The new owners extended public water to the propert~ at significant expense. The renovations and new construction will comply with drainage regulations with gutters and drywells and proper sanitary. The stormwater controls have been approved by DEC (NOI). Town of Southold LWRP Consistency Assessment Form 3 JUN ! ! 2~ Policy 6. Protect and restore the quality and function of the Town of Southol~ e_cosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP~bOIt~t~IIIiI~S Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Island Sound.. Proposed construction is more than 300 feet from Long Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section Ili - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discnssion (if appropriate): no hazardous waste on site. 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 Southold. See LWRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The public access to the Long Island Sound is the end of Duck Pond Road. This access is not affected. This access will be enhanced because the storwater which runs down Duck Pond Road will be captured on site. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): Several studies initiated by the Town of - - ~AL~ supported Marine Recreational uses and water enhanced uses. The comprehensive plan of 1985 recommended opportunities for resort hotek the US & UK Stwardship Exchange Program also recognized the need for tourist development. Finally~ the Long Island Coastal Policy recommended focusing economic development in areas where development is already established. The existing water enhanced use, the existing motel continues in use and is being renovated. The motel will be occupied by union members who receive training in the new building. 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 [2] No [] Not Applicable [] Discussion (if appropriate): 300 feet from Long Island Sound Policy 12. Protect agr. icultural lands in the Town of Southolct See L WRP Section 1II - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The balance of the property provides open space, no agriculture is conducted on the land. Agricultural uses remain along Oregon Road on adjacent parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section II1- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consislency Assessment Form 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 RECEZVED BOARD OF APPEALS September 16, 2009 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOINT INDUSTRY BOARD OF THE ELECTRICAL INDUSTRY PROPERTY ADDRESS: E/S OF DUCK POND ROAD, APPROX. 450 FEET EAST FROM DEPOT LA~E, CUTCHOGUE SCTM: 1000-83-2-17.3 Dear Chairman and Board members: With reference to the above, enclosed please of the Agricultural Data Statement. Please make this part of our application. Thank you. bp encls. find seven sets Very truly yours, 5URVFY OF PROPERTY' 51TUA ! i:::: d, UTO'tO~UE .SUFt:OLK COUNT'C, JUN ! ! ~009 ~OARD OF APP~EALI ~HAOEP AREA OV~t~ 20~ eLOPE S89°53'40"W 1293:92' ,O~APHIC, ~ALE I"= 601 N NE S FINAL MAP REVIEWED BY ZB~ SEE DECISION # ~93 J~'~; DATED ,// IJ~ J JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STP-~ET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-~\Compaqserver\pros~2000 pros\20-153 20% slopes.pro 0g/15/2009 14:07 631765906, ZONINGBDOFAPPEALS PAGE 02/03 AGRICULTUR.M~ DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SEP 7 ZOO9 ~OARo oF 4ppF..¢l/.~ t47cJ~N TO USE T/HIS FORM: The form *must be completed by the ~li~t for 500 rem of a f~ ope~n' loc~. In ~ria~tu~ d~cC · t~nt.m~t ~'~fe~ ~ tk~ S~o~ D~t~ of~an~ing ~ ~card~ce with se~ 239: 3) Na~e Of L~d O~ (ffo~ fl~ applic~0: ~ --"/ 4)'.Ad~ of ~d O~er~ 7) ls the p~ce~ ~thiu ~ a~cul~l &~ot? ~No ~Y~s ~y~, A~atd~ Dis~ct N~bar 8) Ia't~a p~l a~ti~ly ~ed?~N0 ~Yes 9) Name ~d ~s '~' ~y o~er(s) of l~d'~ the a~culV~l dist~ct con~in~. ~five f~ op~at~n(~) 1o~ 500 f~t of ~e boun~ of t~e To~ ~ses~ Office, To~ Hall l~a~on (76~-1937) ~ ~m ~y public co~u~r at ~e To~ ~11 loca~oxls by ~e~ng ~e p~l umbe~ on ~e To~ of Southold ~al Prop~ T~ Name ~d Ad. ss, ' (Ple~e ~a'e b~k ~de of page if m0~ t~ six pr~ o~crs ~c lot ~~b~ ob~e~ ia ~n~, whe~ r~ucstM ~m ~e Office of ~e Pl~g BO~ at 765- lg~~ard of~peal, at 765-1809. on thek ~1.0~on. Solici~on ~R ~ m~e bY mppl~ a c~ of t~ s~t. · such time ~s. the ~ph~fion is not ~pl~e and ~not ~ ~ up~ By ~e ~. 1-14-09 PLANNING BOARD MEMBERS MARTIN Il. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEOI~MON JOSEPH L. TOWNSEND JUN 1 1 ; 009 BOARD OF APPEALS April 28, 2OO9 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 765o1938 Fax: 631 765-3136 Patricia C. Moore 51020 Main Road Southold, NY 11971 Re: Joint Industry Board of the Electrical Industry Site Plan Review - SCTM# 1000-83-2-17.3 Dear Ms. Moore: Thank you for your submission of a slope analysis highlighting any slopes equal to or greater than 20% on site for the above property as requested. Pursuant to Town Code Section 236-10, it has been determined that the activities proposed on site require a drainage control permit from the Building Inspector as it applies to the proposed location of this building. At this point, no municipal permit can be issued for activities requiring a drainage control permit, nor shall any application therefore be deemed complete, until the Building Inspector has first issued his approval of the erosion, sedimentation and stormwater run- off control plan. Please contact the Building Department for a stormwater assessment form at your earliest convenience. Contact me anytime with any questions that you may have. Thank you. Sincerely, Kristy Win(mi/ Senior PlanKer cc: Planning Board Michael Verity, Chief Building Inspector Gerard P. Goehringer, ZBA Chairman Heather Lanza, Planning Director Mark Terry, Principal Planner Jamie Richter, Town Engineer 3358554733 NOTICE OF INTENT JUN ! ~ ~009 ~ 80ARD OF AppEALS New York State Department of Environmental Conservation Division of Water ~ 625 Broadway, 4th Floor LL_LLLLI ~ Albany, New York 12233-3505 ~o,~ .~c ..,~ o~yl Stormwater Discharges Associated with Construction Activlt]~ Under State Pollutant Discharge E14~nation System (SPDES) General Permit ~ GP-0-08-001 Ail sections must be completed unless otherwise noted. Failure to complete all items may result in this form being returned to you, thereby delaying your coverage under this General Permit. Applicants must read and understand the conditions of the permit and prepare a Stormwater Pollution Prevention Plan prior to submitting this NOI. Applicants are responsible for identifying and obtainiug other DEC permits that may be required. - IMPORTANT- RETURN THIS FORM TO THE. ADDRESS ABOVE OWNER/OPERATOR M~ST SIGN FORM L Page 1 of 10 ~ ~1149554739 1. Provide the Geographic Coordinates for the project site in NYTM Units. To do this you must go to the NYSDEC Stormwater Interactive Map on the DEC website at: www.dec.ny.gov/imsmaps/stormwater/viewer.htm Zoom into your Project Location such that you can accurately click on the centroid of your site. Once you have located your project site go to the dropdown menu on the left and choose "Get Coordinates". Click on the center of your site and a small window containing the X, Y coordinates in UTM will pop up. Transcribe these coordinates into the boxes below. For problems with the interactive map use the help function. X Coordinates (Eastin~) y Coordinates {Northing) Page 2 of 10 __~ 9929554732 ~CEx~ED JUN 3. Select the predominant land use for both pre and post development conditions. S~.~-CT ot, r~z ONZ CHOICE ~OR ~ BOARD OFAppEAL Pre-Development Existing Land Use FOREST PASTURE/OPEN LAND CULTIVATED LAND SINGLE FAMILY HOME SINGLE FAMILY SUBDIVISION TOWN SOME RESIDENTIAL MULTI FAMILY RESIDENTIAL INSTITUTIONAL/SCHOOL INDUSTRIAL COMMERCIAL O ROAD/HIGHWAY O RECREATIONAL/SPORTS FIELD O BIKE PATH/TRAIL O LINEAR UTILITY O PARKING LOT O OTHER Post-Developm~nt Future Land Use O SINGLE FAMILY HOME Number of Lots O SINGLE FAMILY SUBDIVISION I I I I O TOWN HOME RESIDENTIAL O MULTIFAMILY RESIDENTIAL O INSTITUTIONAL/SCHOOL INDUSTRIAL COMMERCIAL MUNICIPAL ROAD/HIGHWAY RECREATIONAL/SPORTS FIELD BIKE PATH/TRAIL O LINEAR UTILITY (water, sewer, gas, etc.) PARKING LOT CLEARING/GRADING ONLY DEMOLITION, NO REDEVELOPMENT OTHER 5. IS this a project which does not require coverage under the General Permit (e.g. Project done under an Individual SPDES Permit, or OYes ~ No department approved remediation)? 7. In accordance with the large~ co~x~on plan of developraent .or sale, enter the total project site acreage, the acreage to be disturbed and the future impervious area (acreage)within the disturbed area. Round to the nearest tenth of mn acre. Total Site Acreage To Ex~s~ng Impervious Future Impervious Acreage Be Disturbed Area within Disturbed Area Wi~in Disturbed 9. Indicate the percentage of each Hydrologic Soil Group(HSG) at the site. A B C D L Page 3 of 10 J 11. Enter the planned start and end dates of the disturbance activities. Start Date End Date 13. Has the surface waterbody(ies) in question 12 been identified as a OYes ~No 303(d) segment in Appendix E of GP-0-08-0017 15. Is the project located in one of the watershed areas associated with AA and AA-S classified waters? If no, O Yes ~No skip question 16. Page 4 of 10 _~ 17. Will the project disturb soils within a State regulated wetland or the protected 100 foot adjacent area? 0 Yes ~ No 19. What is the name of the municipality/entity that owns the separate storm sewer system? L Page 5 of 10 J .7627554736 JUN BOARD OF SWPPP Preparer Certification I hereby certify that the Stormwater Pollution Prevention Plan (SWPPP) for this project has been prepared in accordance with the terms and conditions of the GP-0-08-001. Furthermore, I understand that certifying false, incorrect or inaccurate infor~tion is a violation of this permit and the laws of the State of New York and could subject me to crim/nal, civil and/or administrative proceedings. First Name Signature Date Page 6 of 10 ~ 26. Select all of the erosion and sediment control practices that will be employed on the project site: Tem~orar~ Structural O Check Dams O Construction Road Stabilization ~ Dust Control O Earth Dike O Level Spreader ~ Perimeter Dike/Swale O Pipe Slope Drain O Portable Sediment Tank 0 Rock Dam O Sediment Basin O Sediment Traps ~ Silt Fence ~ Stabilized Construction Entrance ~ Storm Drain Inlet Protection ~ Straw/Hay Bale Dike O Temporar~ ~oess Waterway Crossing 0 Temporary Stormdrain Diversion O Temporary Swale O Turbidity Curtain O Water bars Bio technical O Brush Matting O Wattling Vegetative Measures Brush Matting Dune Stabilization Grassed Waterway Mulching Protecting Vegetation Recreation A~ea Improvement Se~ding Sodding Straw/Hay Bale Dike Stre~m~ank Protection Temporary Swale Topsoiling Vegetating Waterways Per~-nent Structural Debris Basin Diversion Grade stabilization Structure Land Grading Lined Waterway (Rock) Paved Channel (Concrete) Paved Flume Retaining Wall Riprap Slope Protection Rook Outlet Protection Streambank Protection Page 7 of 10 ~ 3250554734 Water Qualit~ and ~anti~ Control 8OARDOFApp'I Co~letion of ~estlons 2~-35 is not re~ired if response to ~estion 22 is NO. 28. Describe other stormwater management practices not listed above or explain any deviations from the technical standards. Two (2) on-site catch basin sumps, 2 ft. depth at each catch basin. It is proposed to construct a stormwater I sedimentation system for thc(off site) Duck Pond Road storm flow consisting of catch basin sumps, 10 underground sedimentation;leaching pools and an overflow catch basin. b 1778554737 ~OARD OF 30. Provide the total water quality volume required and the total provided for the site. JUN 1 2009 Required ~--~. ~acre-fe.t wQv Provided ~--~. ~acre-feet IMPORTANT: For questions 31 and 32, impervious area should be calculated aonsidering the project site and all offsite area~ that drain to the post-construction stormwater management praotioe(s). (Total Drainage Area = Project Site + Offsite areas) 32. Pre-Construction Impervious Area - As a percent of the Total Drainage Area enter the percentage of the existing impervious areas before construction begins. 34. Indicate the total number of post-construction stormwater management practices to be installed/constructed. Page 9 of 10 F Co~ts] E~osion Ilazardou~ waste Other S~DBS Solid W~st~ 0 Wat.~ ~h~.pply ~OAP, D OF AppeALs PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 8, 2009 Mr. Goehringer, Chair and Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski Bet sey Perkins Secretary Re: Educational & Cultural Fund of Stormwater Code Variance 1000-83-2-17.3 the Electrical Industry Dear Mr. Goehringer and Board: Enclosed please find the 1. 2. 3. 4. following: Notice of Disapproval with Notice of Intent Variance Application LWRP Survey of property showing the location of the proposed building Plans prepared by Ehasz Giacalone Architect's PC with Color drawing of elevation (with black & white copies)submitted with pending application #6245 If you need anything else please do not hesitate to contact me. v3r~iy~yours, ~t-F~cia C. Moore cc: Educational & Cultural Fund of the Electrical Industry ELIZABETH Ao NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 12, 2009 RE: Zoning Appeal No 6314 Transmitted herewith is Zoning Appeals No. 6314 of E&C Property Holding~ Inc by Educational & Cultural Fund of the Electrical Industry- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the LWRP Consistency Assessment Form, Letter from Planning Board to Patricia Moore Dated April 28th 2009, Application for Building Permit Dated 5-18-2009, Notice of Disapproval Dated June 3, 2009, Letter from Patricia Moore to Zoning Board of Appeals Dated June 8th 2009, Notice of Intent ( 10 Pages), Survey of Property (Surveyed Dated 8-11-2008 and revised 10-02-2008, 4-20/2009). ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6-11-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Full E&C Property Holding, amount paid #6314 Inc by Educational & with file Cultural Fund of the #6245 JUN 1 2 2009 Electrical Industry TOTAL Sent via Inter-Office to Town Clerk by: Thank you. ES § 236-12 (e) SOUTHOLD CODE § 236-13 ~1 tempor~ and pe~ent sto~wa~r ~off consol ~sures, includi~ soil stabilimtion t<hniques ~d stormwater d~nage ~d storage systems, Mclu~ng ponds, ~h~ge ~d sedi~nt b~ins (idenfifi~ ~ to ~e ty~ of fac~ity, the materials from which it is cons~cted, i~ dimensions, and its capaciW in cubic f~t); The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; (g) The location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and (h) The f'mal contours of the site at intervals of no greater than two feet. (4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project, including anticipated starting and completion dates. tr erformance standards for approval of erosion, sedimentation and stormwater ol plans. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYSDEC SPDES program in effect. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than 30 days prior to commencement of construction. Soils exposed or disturbed by site preparation 236:8 o4.15- 2007 § 236-13 SOUTHOLD CODE § 23~ol'45~ A R. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. S. Trails and walking paths along water bodies shall be sited and constructed so they are not a source of sediment, subject to the approval of the Board of Trustees. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. U. Natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodwaters, ff no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed /~condition. ' ~x,. '¢ ~,~N~ land having a slope equal to or greater than 20% shall be developed or disturbed '~-~ except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. On lands having slopes of less than 20%, but composed of highly erodible soils, development proposals shall include consideration of the load-beating capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. § 236-14. Approved plans. Plans approved by the Building Inspector in conjunction with the issuance of a drainage control permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. § 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which meets the criteria for an area variance set forth in § 267-a of the Town Law. 236:10 04-15-2007 § 236-13 STORMWATER MANAGEMENT § 236-13 shall remain so for the shortest practical period of time during site clearing, construction and restoration. G. Disturbed soils shall be stabilized and mvegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. H. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right-of-way attendant to an adjacent Town highway, at the applicant's expense. I. During the construction period, disposal of stormwater runoff generated by development activity shall be handled on site. Baling, mulching, debris basins, silt trapsl use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. J. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along water bodies, including wetlands and marshes, if one. is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. Site designs shall minimize impermeable paving. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in re:der to function properly. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. The elevation of a wetland shall not be altered. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. 236:9 on - 15. 2007 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 September 15, 2009 ~ SIP ~ 6 200g Mr. Goehringer, Chai~ ~ ~ ..... ~, ~. Southold Town Zoning ~B~_r~ of~Ap~ealD Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski BetseyPerkins Secretary Re: Educational & Cultural Fund of the Electrical Industry Stormwater Code Variance, Special Permit and Height Variance 1000-83-2-17.3 Dear Mr. Goehringer and Board: Thank you for forwarding to me a copy of the Suffolk County Planning Commission's recommendations. The Suffolk County Planning Commission disapproved the variance for the location of the building within the 20% slope ~to limit disturbance and the creation of potential erosion and storm water run-off problems". Their conclusions are not supported by the record and we respectfully request that the Board grant the requested variances and override the Suffolk County Planning Commission's recommendations to relocate the proposed meeting house. The record supports compliance with Town Code Section 236 which addresses storm-water runoff and erosion issues. The proposed location of the meeting house for the Educational & Cultural Fund of the Electrical Industry has a very limited area of disturbance to the natural vegetation and will not result in storm- water problems. A detailed site plan was reviewed by the Southold Town Planning Board and Town Engineer for the entire parcel. The site plan last dated January 12, 2009 (one complete set is included with this letter for your file)included detailed information regarding a grading plan (C-03), storm-water drainage plan (C-05) and proposed erosion & sediment control plan & details (C-08) for the proposed meeting house and existing structures. The Town Engineer, on behalf of the coordinated review with the Southold Town Planning Board and Southold Town Zoning Board of Appeals, reviewed this full site plan as well as a DEC approved Storm Water Pollution Prevention Plan (SWPPP). The site plan and SWAPP specifically addressed the requirements of Town Code Section 236 for Storm-water Management concerning slopes greater than 20% and the Town Engineer concluded that these issues have been adequately addressed to his satisfaction and he recommended to the Planning Board endorsement of the site plan. The Planning Board states that they will override the Suffolk County Planning Commission's recommendation to relocate the proposed building. Enclosed is a copy of James Richter's letter dated July 23, 2009 to Martin H. Sidor, Chairman. In addition, the Planning Board forwarded to you on August 3, 2009 their comments which included their recommendations to approve the special exception, approve the variance for the 3 story building and approve the variance from Town Code 236 and grant the location of the building within the 20% slope area. As a point of further information, in addition to the drainage provided for the proposed building, a drainage system has been designed to control Storm-Water runoff from Duck Pond Road, a Town Road. A swale is currently under construction which captures both the storm-water from the site as well as the storm-water from Duck Pond Road. We look forward to addressing your questions and concerns at the public hearing. If you need anything else please do not hesitate to contact me. Ve~y[~i~yours, k?at~i%ia C. Moore cc: Educational & Cultural Fund of the Electrical Industry Planning Board SCOTT A. RUSSELL ' SUPERVISOR TOWN HALL - $3095 MAIN ROAD Fax. (631) ~ 765- 9015 JAMEs A. RICHTER, R.A. ENGINEER TOWN OF SOUl'fOLD. HEW YORK 11971 Tel. (631) - 765 - 1560 JAMI]E. RICn ~ ~}q~tTOWN.$OUTHOLD.NY.U$ OFFICE OF TI:rE ENGINEER TOWN OF $OUTHOLD Chairman-Planning Board Town Hall, 53095 Main Road ' Southold, New York 11971 Re: Santodni Site Plan .' ~ "~. SCTM g: 1000-83~2-17.3 Dear Mr. Sider: ' As para request from ~ur ~ce, I have reWewed the see plan for~e above m~renmd project. This site plan has been prepared by~e offim of Ehassz Giamlone ~hite~, P.C. and the offi~ of James, Lasala & ~sodates, LLP, with a latest revision date of 11~N09. Please mnsider the following: 1. ~e proposed' disD~an~ ms~lting from ~ns~ction activi~es and grading of ~is site will be greater than one (1) acre in area. This pmje~ will require ~vemge from NYS Depa~ent of Envimnmen~l Prote~ion (DEC) under the Phase II Sta~ Pollu~nt DischaDe Elimina~on System (SPDES) Program. The Developer must ob~ln mverage under ~e General Pe~it for Sto~-water ~unoff from Cease.ion Ac~i~ (GP~2-01). 2. Drainage calculations have been provided for all existing structures as well as the proposed new development. At this time, the calculations provided meet the minimum requirements of Town Code Section 236 for Storm-water Management. 3. The building footprint for the proposed new Learning Center has been located in an area ware natural contours exceed a twer~ty percent slope. The applicant has submitted a Storm Water Pollution Prgvention Plan (SWPPP) that adequately addresses potential erosion issues which may occur based on these steep slopes. Therefore, this SWPPP. has adequately addressed the requirements found in Town Code Section 236 for Storm- water Management concerning slopes greater than 20%. This endorsement should not be considered an approval by any other agency or department having jurisdiction on this issue. Page I of 2 Martin H. Sidor, Chairman - Planning Board Re: Santodni Site Plain SCTM #: 1000-83~02-17.3 July 23, 2009 Page 2 of 2 4. Additional drainage systems for this site have also.been requested by the Town to con[roi Storm-Water Runoffon Duck Pond Road. The applicant has agreed to construct a natural swale or landscaped recharge area located within this site plan to help mitigate the flow of road runoff from the Town Road. This swale area will' be connected to Catch basins located in the street. 15" diameter drainage pipe will beinstalled frem these catch basins and will terminate at a headwall located within this proposed drainage sWale. The Planning Board should require a. legal drainage easement that will accurately describe this area. It will also be necessary for this easement to accurately define the type of maintenan ce that :will be the responsibility of the Town of Southold. At this time, with the excepUon of the items addressed herein, this site plan appears to meet all of the minimum requirements of Town code,. If you have any questions regarding this review, please contact my office, CC: Peter Harris (Superintendent of Highways) TOWN: OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved 20__ Disapproved a/c Expiration ,20 PERMIT NO. Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Phone: Date ~"f[ ~ ,20 OC~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The aaPutPhlio;iazr ~; ignr:~;~tOo~sO omnPlpYre'an}tihse;llal~dPl~]niCbaul:ll~tlna~;,orOrnC~cne;~Ca~, ibn;~edictnigonCsO, de, ho~~atiols, ind to admit ('Slgl~re of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. - (As on th~ tax'roll or latest d6ed) 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision Block Filed Map N~o. Lot , Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy /M0~ b. Intended use and occupancy ~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commerc al or mixed occupancy, specify nature and extent of each type of use. ,,~/~ - [2ta_~ 7. Dimensions of ex sting structures, if any: Front Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~t~-~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO X 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF ,~.o'/~S: g,,~t4.~ ("'~,/~ tv'~/,.,--4--~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual 'signing contract) above named, (S)He is the (Contract~ Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are true to the best of his knowledge and belief', and that the work will be performed in the manner set forth in the application fi ith. rn to before me this. .... ,,. , ../2 day of l (~o~ary Public ~t ~'a~m'~.~ Signature of Applicant ~'~fi"~J~DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Road Southo!d, New York 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: C-OUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNIY EXECUTIVE December 2, 2008 '[HOM^S ISLES, AICP DIRECIOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant Educational & Cultural Fund of the Electrical Industry* Municipal File Number #6245 *The following comment pertaining to this application is offered to the Zoning Board of Appeals for its consideration and use: The iocation of the "proposed meeting house" should be moved away from the natural steep slopes and wooded areas as much as possible to limit their disturbance and the creation of potential erosion problems. Very truly yours, Thomas A. Isles, AICP Dire~or of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. ~ 4TH FLOOR P. O, BOX 6100 · (631) 853-5191 JO0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~c:r"ARTMENT OF PLANNING COUNTY STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 30, 2009 RE~D THOMAS A ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Att: Mr. Gerard P. Geohringer, Chairman Re: Application of "Joint Board of Electrical Industry" Zoning Action: Variances SCTM No: 1000-83-2-17.3 SCPC File No: SD-09-05 Dear Mr. Geohringer: Please be advised that pursuant to Sections A 14-14 to 24 of the Suffolk County Administrative Cede, the above captioned application which has been referred to the Suffolk County Planning Commission will be reviewed by the Commission at its regular meeting at 12:00 noon on August 5, 2009 at the William Rogers Building, Rose Caracappa Legislative Auditorium, in Hauppange. The regular meetings of the Suffolk County Planning Commission are open meetings pursuant to the NYS Open Meetings Law, they are not public hearings. Any request to address the Planning Commission on any matter including subdivision or zoning referrals must be submitted prior to the meeting. Each request shall be submitted on a card (distributed before the regular meeting) identifying the person and/or organization and topic. During the public portion of the regular meeting each speaker shall be allotted three (3) minutes. An individual who has requested the opportunity to address the Planning Commission may relinquish his/her time to another speaker. However, no speaker may speak for more than six (6) minutes. In accordance with Suffolk County Planning Commission Policy, any information to be submitted to the Planning Commission will not be accepted at the meeting unless it has been acknowledged by the local referring municipality. The information must be accompanied with a letter from the local referring municipality describing such contents, as well as, instructions for treating previously submitted material. This policy was instituted to avoid confusion as to which information is being reviewed by all agencies. Should you have any questions or comments please do not hesitate to contact this office. Sincerely, Theodore R. Klein Senior Planner TRK:jc cc: Joint Industrial Board of Electrical Industry LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 883-4044 i 'q/~tI~NII~G BOARD MEMBERS k ~-- MARTIN H. SIDOR ' ~ ~-- Chair · F ~:~v4~ 1/WILLIAMJ. CREMERS / KENNETH L. EDWARDS "~ GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: MEMORANDUM Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Planning Board Chairman Members of the Planning Board Date August 3, 2009 Re: Educational & Cultural Fund of the Electrical Industry SCTM#1000-83-2-17.3 ZBA# 6245 The Planning Board received your request for comments regarding the above application for construction of an 18,000 sq. ft. meeting/conference facility on a conforming 12.3-acre site partially located in the Resort Residential and Agricultural Conservation Zoning Districts. There is an existing motel formerly, the Beachcomber motel having a restaurant, pool and cabanas on site. The Educational & Cultural Fund of the Electrical Industry has purchased the property intended for members only as their new training facility. The proposed building is for a conference facility having 4,000 s.f. for its data center - emergency records storage and the remainder intended as meeting rooms for education of it's members - seminars - and education of interns. The same members who come to the hotel will utilize the facilities including the proposed conference building. The proposed conference facility requires site plan review by the Planning Board and currently is being reviewed for site design and development. Thero are 52 parking stalls proposed on site and two ADA compliant handicap stalls being located adjacent to the new facility. The proposed parking in relation to the intended use and operation of the site is acceptable to the Planning Board, based on the information from the applicant that only people staying at the motel ZBA# 6245, Educational & Cultural Fund of the Electrical Industry will be using the new and feel that there is rational basis not to require additional parking on site. Section 280-35 (B) & 280-36 "Uses permitted by special exception", a conference facility and the Bulk Schedule limits structures to 2112 stories. The building is noted as being 3 stories and Section 236-13 (V)," the proposed meeting house is proposed on slopes equal to or greater than 20% on site": Variances are requested for the proposed building being in excess of the 2 ¼ story requirement as per the bulk schedule for this zoning distdct and the proposed location of the building being located on slopes equal to or greater than 20% on site. The conference facility use is permitted in the RR zoning District by special exception provided the use does not significantly affect their surroundings and is compatible with land use patterns and community character. The following comments are for the Board's consideration. 1. The property has been previously developed as a motel use and will continue to be used in a similar way with the difference being that the site will be now be used as for members only rather than open to the public. 2. The Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and has made a determination of non-significance and granted a Negative Declaration for the proposed action. 3. Although the building proposed is much larger in size to the existing buildings, the scale and visual impact will be minimized by the proposed location. The ground floor will be built into the hillside having an appearance of a 3-story building from the front and two from the side elevations, it should be noted that the building as proposed will have sprinklers. Last, the proposed meets the definition for Max height allowed as per the bulk schedule of 35 ' feet. 4. Pursuant to Town Code Section 236-10 the activities proposed on site require a drainage control permit as it applies to the proposed location of this building. The applicant has submitted a slope analysis highlighting any slopes equal to or greater than 20% on site for the above property as requested along with a Storm water Pollution Prevention Permit (SWPP) for review. ZBA# 6245, Educational & Cultural Fund of the Electrical Industry 5. The Town Engineer has reviewed the site plan and the SWPP, in relation to the location of the building and has stated that erosion control is adequate for the 20% and greater slopes and that proposed drainage is adequate. 6. The Planning Board has agreed to override the SC Planning Commission condition to relocate the building out of the slope. This decision to override the SCPC was based on the applicants submitting a SWPP plan that addressed all concerns about erosion and storm water runoff and that they would be adequately controlled and contained during and after construction. It should also be noted that the SCPC, at the time of their decision, did not have the benefit of reviewing the storm water pollution prevention plan (SWPP), and were also under the misconception that the slope was a bluff located on the shore, and might need bulk heading. Further, the SCPC acknowledged that the overall design would meet the Commissions guidelines for energy efficiency and natural surveillance, that there are trade-offs to the location where the building is being proposed, a statement from the SC minutes on this issue. 7. There are major road runoff issues at the end of Duck Pond Road. The applicants have agreed to provide land for, design, and install a drainage swale to resolve this problem and coordinate the work with the Town. The Planning Board recommends approval of the above variances on the basis that the special exception and variance relief for a 3 story building, and the location of the building is appropriate for the overall use of the site and building itself. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. CC: Planning Board Heather Lanza, Planning Director Mark Terry, Principal Planner #9466 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in week(s), successively, commencing on the said Newspaper once each week for 1 24th day of September, 2009. Sworn to before me this ~'rincipal Clerk day of 2009. LEGAL NOTICE THURSDAY, OCTOBER 1, 2009 ADDITIONAL PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. OC- ~ P.M. E sad C PROPERTY HOLDING, 1NC~ aud EDUCATION- AL & CULTURAL FUND OF THE JOINT iNDUSTRY BOARD FOR · HE ELECTRICAL INDUSTRY. Lolmtlon of Property: 3800 Duck Pond Ro~d, Cutchogue adjacent to L.I. Sound, ~ pamel 10~0~3-2-17.3 (former fan.Motel). of Disapproval under Section 236 (13), of Disapproval: (a) Variance under Zoning Code Sec- tion 280~36 based on an application for a building permit to construct a new build- ing which will exceed the code limitation of 2~6 stories; (b) Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes; and (c) Special Exception under Zoning Code Section 280-35B concerning built Motel units in former accessory poorhouse building. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier thma designated above. Ales are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not h~itat~ to contact our office at (631) 765-1809, Southold.ny.us. Dated: September 15,2009. ZONING BOARD OF APPEALS GERARD R GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 Southold, NY 1.19714)959 9466-1T 9F24 07/15/2009 12:25 FAX 631 765 MOORE LAW OFFICES + ZBA 004 PLA.NNIN(~ BOARD MEMBERS IW~A~TLM iq. SIDOR Chair WILL~MJ. CREMERS KENN~THL. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNII~G BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main 1~. & Youngs Ave.) Southold, NY Telepho~le: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 13, 2009 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Joint Industry Bd. of the Electrical Industry SCTMg: SCTM~1000-83-2-17.3 Zone: Resort Residential (RR), A-C Location: 3800 Duck Pond Road, Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This s,ite plan is for the proposed construction of an 18,000 sq. ff. meeting/conference facility on a conforming 12.3-acre site partially located in the Resort Residential and Agricultural Conservation Zoning Districts. SCTM#1000-83-2-17.3 The proposed interior alterations of an existing motel, restaurant, pool and pool house are a Type II action pursuant to 617.5 Type II Actions (c) (1) and not subject to review. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: 07/15/2009 12:25 FAX 631 765 MOORE LAW OFFICES ~ ZBA O05 SEQR Ne,qative Declaration - Pa,qe Two 1. Impact On Land A "wrap-around" bluff system occurs on the property in the east. The portion of the bluff which ~is located adjoining Long Island Sound is regulated under New York State Department of Environmental Conservation Article 34, Chapter 111, Coastal Erosion Hazard Area and Chapter 275 Wetlands and Shorelines. The area of the bluff which is oriented north/south and not adjoining Long Island Sound is not a regulated feature, therefore the proposed action is located outside of the Town of Southold Board of Trustees jurisdiction. Figure 1. Subject site (outlined in yellow). Additienally, the proposed location of the meeting/conference canter is located on slopes greater than 20% and therefore the action does not conform to Chapter 236 of the Southold Town Code § 236-10. V. which states: V. No land having a slope equal to or greater than 20% shall be developed or disturbed excep~~. for conservation measures or measures intended to remove debds which inhibit~ the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of storm water overflow. The p,roposed action proposes the grading or stripping which affects more than 5,000 square feet of ground surface and therefore the application requires a Town of Southold Drainage Control Permit pursuant to § 236-10. Activities requiring drainage control permit. With such a permit issued the potential impacts to the bluff system are expected to be Iow. Soils en site consist of Riverhead sandy loam (RdA) and Plymouth Loamy Sand (PIB). Riverhead sandy loam is representative of outwash plains; the hazard of erosion is 07/15/2009 12:26 FAX 631 765 MOORE LAW OFFICES + ZBA 006 SEQR Negative Declaration - Parle Throe slight. Plymouth sandy loam normally occurs on moraines and outwash plains; the hazardl for erosion is also slight. Aerial analysis indicates that the footprint of the meeting/conferonce building is located on Plymouth sandy loam soils. Potential impacts to the soil stability have been mitigated with best management practices outlined in the Storm Water Pollution Prevention Plan (2008). Soil borings indicate that groundwater levels range from 9- to 23.5 feet. Within the footprint and vicinity of the proposed meeting/conference center, groundwater occurred as follows: Soil Bodng Depth to Groundwater from Existing Grade B-lA 23'-W 8-2A 18'-8" ~B-3A 23'-8' ~B-4A 22 '4' IB-6 15'-4" The depth to groundwater is sufficient to meet the 3' separation distance requirod for sanitmy systems per Suffolk County Department of Health standards. No substantial impact to groundwater is expected to occur if the project is implemented as planned. 2, Impact of Water 2.1. V~ater Supply The site is currently served by public water via a 8" Suffolk County Water Authority main in Duck Pond Road. The proposed action is expected to use 7,442 gallons of water/day (including existing and proposed uses). The Suffolk County Water Authority was contacted and verified that the current water system infrastructuro and volume is adequate to serve the proposed use. (Personal Communication Kimberley Kennedy, 2009). Thereforo, no impac~,:s to water supply aro expected. 2.2. Sanitary Disposal Sanitary disposal will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprohensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone rv, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: 07/15/2009 12:27 FAX 631 765 MOORE LAW OFFICES ~ ZBA 007 SEQR Ne.qative Declaration - Pa.qe Four Total acreaoe of t6.84 x 600fll~d = 9,954 flpd allowable flow Total proposed flow = 7.442 + add. Theref~3re, the proposed application would conform with Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. 2.3. G~'ound or Surface Water Quality or Quantity The siile is currently improved with two motel buildings, a restaurant, a cabana, an in ground swimming pool, associated parking lots and a seawall. The proposed three story meeting/conference facility is proposed to be constructed within the bluff oriented north/south located on the eastern area of the property. The proposed footprint of the building ia located on the face of the bluff in areas with slopes greater than 20% and therefore, as proposed, is prohibited pursuant to Chapter 236 of the Southold Town Code. Topographical elevations range from 37' NVGD to 19' NVGD in the proposed footprint of the meeting/conference building. In the current proposed location existing storm water drainage pattems will be impacted resulting from the construction of the meeting/conference building on-site. To mitigate such impacts the applicant has prepared and submitted a Storm Water Pollution Prevention Plan (2008) which proposes best management practices in the construction, design and operation of the meeting/conference building. In review of the Storm Water Pollution Prevention Plan the best management practices to deal with storm water are adequate and therefore, potential impacts from storm water runoff are expected to be Iow. The proposed action is located south of the Long Island Sound and 277' + from the regulated bluff feature. The Town of Southold Board of Trustees in a June 25, 2009 memorandum has determined that the location of the meeting/conference center is located outside of the Board's jurisdiction. 2.4. Flooding The proposed building is located within FEMA Flood Zone X; areas identified as areas of moderate or minimal hazard from the principal source of flood in the area, therefore the p~tential impacts from threat of flooding to the meeting/conference center are Iow. 07/15/2009 12:27 FAX 631 765 ~OORE LAW OFFICES ~ ZBA 008 SEQR Ne,qative Declaration - Paqe Five Figure 2. FEMA Flood Map of subject site showing proposed building location. The proposed location of the meeting/conference center is located landward of the Coastal Erosion Hazard Line and not subject to Chapter 111 Coastal Erosion Hazard Areas of the Southold Town Code. Figure 3. Subject site (outlined in yellow) with Coastal Erosion Hazard Line (shown in red). Impac~t on Air No substantial adverse change in existing air quality is expected to occur. Impac~t on Plants and Animals The parcel is no._!t located within a New York State Department of Environmental Conservation Critical Environmental Area or a New York State Department of State Significant Fish and Wildlife Habitat Area. The New York State Environmental Research Mapper (2009) was referenced to determine if records of rare or threatened plants or animals have been identified as 07/15/2009 12:28 FAX 631 765 MOORE LAW OFFICES ~ ZBA 009 SEQR NeRative Declaration - PaRe Six occurring on site. No rare or threatened plants or animals have been recorded on site or within the vicinity of the site. The majodty of the site contains lawn with the remaining of the site dominated by early successional pioneer species. The site is part of a relatively large contiguous block of woodland and is expected to support a variety of wildlife species including birds, mammals and amphibians. The proposed location of the meeting/conference building is vegetated with early successional tree species. No si.qniflcent removal or destruction of large quantities of vegetation is expected to occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area are expected to occur Impac~ on A,qricultural Land Resources The parcel is improved and the proposed location of the meeting/conference center is proposed on an un-regulated bluff system. The parcel is not used for agriculture and therefere, no adverse impacts to agricultural land will occur. The parcel is not included within a New York State Agricultural District. Impa~ on Aesthetic Resources The parcel is no...~t located adjacent New York State Scenic Byway and/or an important view shed as identified by the community. The meeting/conference center building is visible from Duck Pond Road, however, due to the integration of the building into the bluff, lihe mass and scale of the building will be mitigated and therefore no ~ubstantial adverse impacts to aesthetic resources are expected to occur. Impa~ on Historical and ArcheoloRical Resources The New York Department of State GIS- Public Access map was referenced for occurrence of aroheo-sensitive areas on site. No aroheo-sensitive sites were listed; therefere, the proposed action will not expected to impair the character or quality of important historical or archaeological resources. Impa~ on Open Space and Recreation The p~oposed action is located adjacent to Long Island Sound and the Duck Point Road end pablic beach, a public recreation area. The proposed meeting/conference center is located 300+ feet form the public beach. No impacts to Open Space or recreational areas will occur as a result of this action. Imoaet on Critical ,Areas The p,roposed action is not located within a New York Department of Environmental Conservation Critical Environmental Areas. Impact on Transportation Traffic generation analysis indicates that thirty-two 32_+ Saturday peak hour tdps could occur as a result of the proposed action. However, the proposed meeting/conference · 07/15/2009 12:28 FAX 631 765 4~ ~OORE LAW OFFICES + ZBA ~010 SEQR Ne,qative Declaration - Paoe Seven center is private, support building for members, therefore traffic generation resulting from the proposed use is expected to be Iow. Impacf: of Ener~l¥ No maior change in the use of either the quantity or type of energy is expected to occur. Noise ~nd Odor Impact No substantial change in noise or odor is expected to occur. Impact on Public Health No creation of a hazard to human health is expected to occur. No substantial increase in solid waste production, leaching or drainage problems expected to occur if the proposed action is implemented as planned. Impac[~ on Growth Character of Community or Neiahborhood The proposed action is not in a siflnificant material conflict with a community's current plans er goals as officially approved or adopted. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Address: Telephone Number: Mark Terry, Principal Planner Planning Board (631) 765-1938 Enc. CC: Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority U//13/ZUU9 12:24 FAX 631 765 ~OORE LAW OFFICES + ZBA OO2 PLANNIH*3- BOARD MEMBERS M~RTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEO/~GE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 1,4, 2009 Patricira C. Moore, Esq. 51021] Main Road Southold, NY 11971 JUL I 5 2009 Re: Negative Declaration - Joint Industry Board of the Electrical Industry Located on the east side of Duck Pond Road, approximately 450 feet east from Depot Lane, Cutchogue SCTM#1000-83-2-17.3 Zoning Districts: RR & AC Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 13, 2009, adopted the following resolution: WHEREAS, this site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool h~use on a conforming 12.3-acre site partially located in the Resort Residential and Agricultural Conservation Zoning Districts. SCTM#1000-83-2-17.3; and WHEREAS, an application for a site plan was submitted on November 14, 2008, including the si~ plan prepared by Harvey Bienstock, P.E., dated August 8, 2008; and WHEREAS, on February 03, 2009, the Southold Town Planning Board accepted the application for review; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency process for this unlisted action on February 4, 2009; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significanca and grants a Negative Declaration. MOORE LAW OFFICES ~ ZBA 003 Joint Industry Board Parle Two July 14, 2009 Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chaim~an Encls. CC: Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority Michael Gaynor, Engineer 07/15/2009 12:24 FAX 631 765 MOORE LAW OFFICES PATRIClA C. MOORE Attorney at Law 51020 Main Road $outhold, New Yod~ 11971 Yeh (516) 765-4330 Fax:: (516) 7654643 via fax and hard copy to follow Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 4 ZBA ~001 July 15, 2009 JUL 1 5 2009 · E: JOINT INDUSTRY BOARD OF THE ELECTRICAL INDUSTRY · ROPERTY ADDRESS: Els OF DUCK POND ROAD. APPROX. 450 FEET EAST FROM DEPOT [,~NE. CUTCHOGUE SCTM: 1000-83-2-17.3 Dear Chairman and Board members: With reference to the above, enclosed please find the Planning Board's Negative Declaration for your file. Please make this part of our application and place this on your Next available calendar. Thank you. Very truly /By Betsy/Perkins LA bp COUNTY OF SUFFOLK ' DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE Town of Southold PO Box 1179 Southold, New York 11935 Ms. Elizabeth Neville, Clerk THOMAS A. ISLES, A.I.C.P. DIRECTOR OF PLANNING August 5, 2009 ' ........ ~_ ": ::5 "::?i~?) Re: Application of"Joint ~dus~ial Bo~d of Ele~ffiC[fJ~u~t~" SCTM No.: 1000 08300 0200 017003 SCPC File No.: SD-09-05 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 thru 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on August 5, 2009 reviewed the above captioned application and after due study and deliberation the the staff recommends a decision of Local Determination for the variances associated with the "as built" decks of the motel structures, and Disapproval of the variance for the proposed conference facility to be built on slopes equal to or greater than 20% for the following reason: The proposal is not in conformance with Condition #1 of the approval of the site plan for the property that the Planning Commission adopted at their meeting on August 5, 2009, which required the following; The location of the proposed conference facility shall be moved away from the natural steep slopes and wooded areas to limit their disJurbance and the creation of potential erosion and storm water run-off problems ~ "(~ . ~ ,' \,,~ Very truly yours, ~: ~ * ¥~X Thomas A. Isles ,i ~ , ,o '~ ~ 2.ggc3 \~£DirectorofPlanning Senior Planner TRK:ds LOCATION "~'; H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5190 TELECOPIER (631) 853-4044 File Noe09-05 Resolution No. ZSR-35 of the Suffolk County Planning Commission Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, a proposed zoning action was received at the offices of the Suffolk County Planning Commission on June 22, 2009, with respect to the application of "Joint Industrial Board of Electrical Industry" on land situated the easterly side of Duck Pond Road and the shoreline of the Long Island Sound, in the hamlet of Cutchogue said application was considered by the Suffolk County Planning Commission at its meeting on August 5, 2009 and now therefore, Be it that the Suffolk County Planning Commission hereby approves and adopts the report of its staff, as may be amended, as the report of the Commission, Be It Further The staff recommends a decision of Local Determination for the variances associated with the "as built" decks of the motel structures, and Disapproval of the variance for the proposed conference facility to be built on slopes equal to or greater than 20% for the following reason: The proposal is not in conformance with Condition # 1 of the approval of the site plan for the property that the Planning Commission adopted at their meeting on March 4, 2009, which required the following; The location of the proposed conference facility shall be moved away from the natural steep slopes and wooded areas to limit their disturbance and the creation of potential erosion and storm water mn-offproblems. Motion by: Commissioner Bolton Seconded by: Commissioner Holmes Commission Vote: Present-9 Ayes- 9 Nays- 0 Abstentions- 0 AYE NAY ABSTAIN ABSENT SARAH LANSDALE, At-Large X CHARLA BOLTON, At-Large X ROBERT BRAUN, Smithtown X BARBARA ROBERTS, Town of Southampton X JOHN CARACIOLLO, Town of Huntington X LINDA HOLMES, Town of Shelter Island X ADRIENNE ESPOSITO, Villages over 5,000 X DAVID CALONE, Town of Babylon X CONSTANTINE KONTOKOSTA, Vill. Over 5,000 X ViNCENT TALDONE, Town of Riverhead X JOSHUA HORTON, At-Large X TOM MC ADAM, Town of Southold X MICHAEL KELLY, Town of Brookhaven X JOSEPH POTTER, Town of East Hampton X Dated: August 5, 2009 Legislative Auditorium, 725 Veterans Memorial Highway, Hauppauge, NY Suffolk County Planning Commission ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net September 15,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before September 21rd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than September 23rd: Please either mail or deliver to our office your Affidavit of Mailin.q (form enClosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 22th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postinq for receipt by our office before September 29, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: EDUC.& CULTURAL FUND #6314 MAP #: 83.-2-17.3 VARIANCE: EXCEEDS 20% LAND SLOP REQUEST: DRAINAGE CONTROL PERMIT DATE: THURS, OCT 1st 2009 12:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 September 21, Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOINT INDUSTRY BOARD OF THE ELECTRICAL INDUSTRY PROPERTY ADDRESS: E/S OF DUCK POND ROAD, APPROX. 450 FEET EAST FROM DEPOT LANE, CUTCHOGUE SCTM: 1000-83-2-17.3 Dear Chairman and Board members: With reference to the above, enclosed please affidavit mailing, postal receipts and copy of letter to neighbors. Thank you. of bp encls. Very truly yours, ~~OLA ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of E. AND C. PROPERTY HOLDING INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY (Formerly Santorini Rest/Motel) (Name of Applicant) CTM Parcel #1000-83-2-17.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) aoaeo OF AP~F.t~ AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~' da--y of September, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's prop_erty. TSY PER~ Sworn to before me this day of September, 2009. f (N~ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County ..-, Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. JOYCE LONDON & OTHERS ATTN: SUZANNE DELLACORTE 185 OLD CHURCH LANE POUND RIDGE NY 10576 SCTM: 1000-83-2-3 NICHOLAS AL1ANO l 1 SAILOR COURT MILLER PLACE NY 11764 SCTM: 1000-83-1-11 GUS & CATINA MONOGIOUDIS 910 GLEN COURT CUTCHOGUE NY 11935 7 SCTM: 1000-83-1-14 Not in Ag. District NICHOLAS ALIANO ~/ 11 SAILOR COURT MILLER PLACE NY 11764 SCTM: 1000-83-2-17.1 JOINT BOARD NEIGHBOR LIST NICHOLAS ALIANO / I 1 SAILOR COURT MILLER PLACE NY 11764 SCTM: 1000-83-1-12 JOHN CLAUDE BAHRENBURG VERONICA HELLEMAN PO BOX 978 CUTCHOGUE NY 11935 SCTM: 1000-83-1-13 THOMAS & KATHLEEN MANGIAMELE 3180 DUCK POND ROAD CUTCIdOGUE NY 11935 SCTM: 1000-83-2-19.7 In Ag. Dist. DAVID & STEVEN ZUHOSKI PO BOX 277 CUTCHOGUE NY 11935 SCTM: 1000-83-2-13.8 RICHARD & JAMES MCBRIDE 10625 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-16 DUCK POND ROAD ASSOC. LLC C/O J. KRUPSKI 9385 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-I-32.3 REJ3EIPT 7192 6463 3110 OC~O 5008 FROM: PATRICIA C MOORE ESG RE: JOINT BOARD ZBA HEARIN SEND TO: JOYCE LONDON & OTHERS ATTN: SUZANNE DELLACORTE 185 OLD CHURCH LANE POUND RIDGE NY 10576 FEESi~ ~-~ ~)- PO~ DATE RECEII~ FROM: SEND TO: NICHOLAS ~LIANO 11 SAILOR COURT MILLER pLACE NY 117~o4 FEES' RECEIPT z192 6463 3110 06~35o46 FROM: PATRICIA C MOORE ESQ SEND TO: GUS & CATINA MONOGIOUDIS 910 GLEN 30URT CUTCHOGUE NY 11935 PO~ATE RECEIPT 7192 6463 311o 000(3 5039 FROM: PATR~ClA C MOORE ESQ RE JOINT BOARD ZBA HEARIN SEND TO FEES~ TOTAt $ 5.54 POSTMARK OR DATE RECEIPT FROM: RECEIPT FROM: PATRICIA C. MOORE ESC RECEIPT FROM: pATRtCIA C MOORE ESQ RECEIPT 7192 6463 3110 0000 5015 FROM: pATRIC[AC MOORE ESQ RE JOINT BOARD ZBA HEARIN SEND TO: DAVID & STEVEN ZUHOSKI PO BOX 277 CUTCHOGUE NY 11935 FEES: - ~' $ 5.54 POS*I~J( OR DATE SEND TO: SEND TO: RICHARD & ~d~ES MCBRIDE DUCK PONO ROAD AssOC LL£ 1o625 OREGON ROAD C/O J. KRUPSKI CUTCHOGUE NY 11935 9385 OREGON ROAD FE FEE~:- ~ TOTAL $ 5.54 TOTAl- $ 5.54 POSTMA~;~ DATE POSIMARK OR DATE SEND TO: FEES;, 0.44 T OTA'L $ 5.54 pOS-~,~DATE RECEIPT 71~2 6463 311o o(x~ 5o~4 FROM: PATRICiA C MOORE ESQ RE: JOINT BOARD ZEA HEARIN SEND TO: JOHN CLAUDE BAHRENBURG ~ERONICA HELLEMAN PO BOX 978 CUTDHOGUE NY 11935 TOT, AL ,/$ 5.54 p OST&~t~M;~ DATE RECEIPT 71926463311000005091 FROM: PATRICIA C. MOORE ESO RE: JOINT BOARD ZBA HEARIN SEND TO: FEES: ~'i TOTAL ..... ~5.54 POSTMARK OR DATE p. ECEIVED ,SEP 8 BOARD OF APPEALS PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 B. R~ece~f~d B~y: (please Print Clearly) I I C. Date of Delive~ ~ 1. A~icle Addressed To; 2. Article Number I7192 6463 3110 0000 5091 7192 6463 3110 0000 5091 THOMAS & KATHLEEN MANGIAMELE 3180 DUCK POND ROAD CUTCHOGUE NY 11935 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 City PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 r ~J Agent) Date of Delivery 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes 2, Article Number 7192 6463 3110 0000 5039 7192 6463 3110 0000 5039 Article Addressed TO: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE NY 11764 7192 6463 3110 0000 5022 1. Article Addressed To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE NY 11764 PATRI(IA {- MOORE ESQ- $1020 MAIN ROAD SOUTHOLD NY 11971 City PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 city PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 5077 Article Addressed To: DUCK POND ROAD ASSOC. LLC C/O J. KRUPSKI 9385 OREGON ROAD CUTCHOGU£ NY 11935 4. Restricted Delivery? ~. Service Type (Extra Fee) r'~ Yes I CERTIFIED 2. Articre Number 7192 6463 3110 [3000 5046 7192 6463 3110 0000 5046 t. Article Addressed To: GUS & CATINA MONOGIOUDIS 910 GLEN COURT CUTCHOGUE NY 11935 Delivery Address .......................................... §f~i6 7192 6463 3110 0000 5084 Addressed To: JOHN CLAUDE BAHRENBURG VERONICA HELLEMAN PO BOX 978 CUTCHOGUE NY 11935 ZIp + 4 Code 09/30/2009 14:39 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 FACSIMILE COVER SHEET RECEIVED 5E,~' ~ 0 ~009 BOARD OF APPEALS The pages comprising this facsimile transmission contain confidentialinformation from Patricia C. Moore. This informa¢~on is intended solely for use by the individual entity named as the recipient hereof If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmhsion is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you, TO: ~: ; '~>,~" FAX NO: RE: , .~ ~. , ~ ;~ DATE: ('" .~ t' <.:' <} TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRA~NSMISSlON IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comments: PATRICIA C- ~OOR£ ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 C;:;;:; ;;';:'; 2. ^~l~l~9N~m~e~63 3110 000D 5008 7192 6463 3110 0000 $0081__ Article Addressed To: JOYCE LONDON & OTHERS ATTN: SUZANNE DELLACORTE ~i '~1&5 OLD CHURCH LANE //POUND RIDGE NY 10576 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of E. AND C. PROPERTY HOLDING INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY (Formerly Santorini RestJMotel) (Name of Applicant) AFFIDAVIT OF POSTING CTM Parcel #1000-83-2-17.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On th~day o~ September, 2009 I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, October 1, 2009. PATRICIA C. MOORE Sworn to before me this ~? 'i day of September, 2009. Notary Public '.] : *near the entrance or driveway entrance of the property, as the area most visible to passersby. I ATRICIA C. MOORE Attorney at Law 51020 Main Road Southo]d, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 BOARD OF AppEALS September 18, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: E. AND C. PROPERTY HOLDING INC. AlqD EDUCATIONAL & CULTLYRAL FUND OF THE JOINT IAIDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY PROPERTY ADDRESS: 3800 DUCK POND ROAD, CUTCHOGUE SCTM: 1000-83-2-17.3 Dear Neighbor: I represent the above with regard to their property located at 3800 Duck Pond Road, Cutchogue. They have submitted a request for variances and special exceptions as per Legal Notice enclosed. The hearing on this matter is scheduled for THURSDAY, OCTOBER 1, 2009 at 12:00 P.M. at Southold Town Hall. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C:Joint Board Ver~uly yours, ZONING BOARD OF APPEALS LEGAL NOTICE THURSDAY, OCTOBER 1, 2009 PUBLIC HEARINGS Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971'0959 Fax (631) 765-9064 Telephone (631) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARB OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSBAY, OCTOBER 1, 2009: 12:00 P.M. E and C PROPERTY HOLOING, INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARB FOR THE ELECTRICAL INDUSTRY. Location of Property: 3800 Duck Pond Road, Cutchogue adjacent to LI. Sound, CTM Parcel 1000-83-2-17.3 {former owner: Demetriades, Santorini RestaurantJMotel). #6314. The applicants also request a Variance concerning an application for a drainage control permit based on the Building Inspector's June 3, 2009 Notice of Disapproval under Section 236 (13), for the reason that the site plan shows a land area having a slope greater than 20% for the construction of the proposed meeting house building. #6245 The applicants request the following, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval: (a) Variance under Zoning Code Section 280-36 based on an application for a building permit to construct a new building which will exceed the code limitation of 21/2 stories; (b) Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes; and (c) Special Exception under Zoning Code Section 280-35B concerning as-built Motel units in former accessory poolhouse building. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Bated: September 15, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ~ce l~c~don: wn Annex/Firsl Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southald, NY 11971 http://southoldtown.no~lfforlc net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631} 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # R~r~NCE:: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] . NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank yom Sender's Initials: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MEMO TO: FROM: Te!.(631)765-1809 Planning Board Gerard P. Goehdnger, ZBA Chairman Fax (631) 765-9064 DATE: June 15, 2009 SUBJECT: Request for Comments ZBA # 6314 - Educational & Cultural Fund of t~fi~ Electrical Industry As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 236 (Zoning), and your review and comment~ are requested at this time. NAME TAX # ZBA # BI DISAPP VARIANCE DESCR DATE OF PREPARER : ZONE DIST DATE STAMPED OF PLANS PLANS Educational & 83-2-17.3 6314 June 3, Proposed Meeting 4/20/09 John C. Ehlers Cultural Fund of RR AC 2009 House; Section 236- SURVEY Land Surveyor the Electrical 13 (v); land slope Industry percentage Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation, Thank you. Encls. .~., ~,~NING BOARD MEMBERS ~'~ Chair ~ WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PI. ZkNNING BOARD OFFICE TOWN OF SOUTHOLD 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 To: Gerard P. Goehringer, ZBA Chairman From: Kristy Winser, Sr. Planner(~ Date: June 23, 2009 Rc~ Educational and Cultural Fund of Electrical IfldUst~v SCTM# 83.-2-17.3 This is in response to your request for comments dated June 15, 2009 for the above referenced application. The Planning Board has been made aware that the Educational and Cultural Fund of Electrical Industry has made an application to the Board of Trustees. The Planning Board is requesting that pursuant to Chapter 111, Coastal; Erosion Hazard Areas, that the top of bluff line be delineated by the Board of Trustees to accomplish current and future site design of the parcel. At this point, additional information is necessary for the Planning Board to complete its review of the site plan and SEQRA to then provide comments to your office. A memo to the Board of Trustees dated May 22, 2009 has been attached, for your information. Please contact, the Planning Department with any questions you may have. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: Planning Board Gerard P. Goehdnger, ZBA Chairman June 1~, 2009 SUBJECT: Request for Comments ZBA # 6314 - Educational & Cultural Fund of the Electrical Industry As confirmed with Your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 236 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # BI DISAPP VARIANCE DESCR DATE OF PREPARER ZONE DIST DATE STAMPED OF PLANS PLANS Educational & 83-2-17.3 6314 June 3, Proposed Meeting 4/20/09 John C. Ehlers Cultural Fund of RR AC 2009 House; Section 236- SURVEY Land Surveyor the Electrical 13 (v); land slope Industry percentage Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 June 11,2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6314 Owner/Applicant: EDUCATIONAL & CULTURAL FUND OF ELECTRICAL INDUSTRY Action Requested: Variances for deck "as built" (set back & lot coverage) Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. G? ZBA Chair~_~ By: ES(~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - April 23, 2009 INDEX OF HEARINGS Hearing: Efstathios and Maryann Katsoulis #6270 Reconvened Madeline Droege #6267 Robert and Beth Anello %6242 Andrew and Elizabeth Greene #6235 Peter and Katherine Baccile #6266 David Berwald #6250 Eric McClure #6269 E and C Property Holding, Inc. and Educational & Cultural Fund of the Joint Industry Board for the Electrical Industry %6245 Alan Cardinale, Jr. #6246 Frank Zagarino Trust %6257 George Yatrakis ~6237 Michael and Therese Hughes #6236 Page: 3-17 90-94 18-48 49-89 95-104 105-122 123-150 151-157 Pugtiese Cou~ Reporting and Transcription Service (631)878-8355 158-194 195-218 219-227 228-257 258-302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 ZBA Town of Southold - April 23, 2009 HEARING #6245 - E and C Property Holding, Inc. and Educational & Cultural Fund of the Joint Industry Board for the Electrical Industry MEMBER SIMON: "Location of Property: 3800 Duck Pond Road, Cutchogue adjacent to L. I. Sound, CTM Parcel 1000-83-2-17.3. The applicant requests the following, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval: (a) Variance under Zoning Code Section 280-36 based on an application for a building permit to construct a new building which will exceed the code limitation of 2-1/2 stories; (b) Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes; and (c) Special Exception under Zoning Code Section 280-35B concerning as-built Motel units in former accessory poolhouse building." PuglieseCou~ Reporting and TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 159 ZBA Town of Southold - April 23, 2009 A couple of us have been taken through there on an interesting and illuminating little tour. I turn it over to you, Pat, to elaborate your introduction. MRS. MOORE: Sure. Thank you. I do want to introduce, he's here with me, I have the architect, Louis Giacalone, who will be speaking and giving most of this presentation, I guess the technical requirements. Mr. Vito Mundo who is the general counsel and I have the Chairman of the Board, Gerald (inaudible). I'm sorry, I never got his name. So everybody -- the important people are here and we, as you pointed out in the Notice of Disapproval, we have an existing motel with 39 existing motel units that are in the process of being renovated. A pool, a poolhouse and an existing restaurant building. What -- the use of motel is by special permit. This project predates special permit requirements. It was originally The Beachcomber, constructed as The Beachcomber and then made the Santorini Motel. So it has a long history on this property. What we discovered when we were reviewing PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-835S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 160 ZBA Town of Southold - April 23, 2009 all the permits, existing permits, are that sometime in the 70s in the poolhouse the building was built as a poolhouse, but at one point or another the rooms were converted and used for additional motel space. So what we want -- since we're cleaning up, we're getting a special permit for the -- it seemed appropriate at that time to just incorporate this four additional units that are informally the poolhouse as motel units and, as you pointed out, there was a tour and we showed the existing conditions of the units in the poolhouse before they were gutted so they could be shown that, in fact, they did exist and that they are in the condition that the rest of the motel actually was in before the infusion of an investment here. The Joint Board of the Electrical Union, this arm is educational and the motel is going to be used exclusively by the members in particular for an educational facility. The meetinghouse that is being proposed here is the location where the programs will be provided and it also provides an ancillary space for a computer room to provide secondary Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 ZBA Town of Southold - April 23, 2009 computer back-up systems for the facility that is in Flushing, Queens. I guess since September 11th there has been a secondary computer control so that documents and data is not lost. So this will be an emergency center as well as a computer center, but that's in a small portion of the overall building. I want to get -- we have a short timeframe before you break. I want to get to the issue that we just heard about yesterday, which is we're gonna talk about -- the architect is gonne present the building, but an issue came up with respect to the Town stormwater law and in the Code there are standards in the stormwater law that provide for that if you're building in a 20 percent slope, and we recently provided to you and I'll put it in the file, the Planning Department as part of the SEQRA process requested that we provide them a survey showing all 20-percent slopes on the property. The property is 16.59 acres at 3800 Duck Pond Road. There are some portions of the property that are sloped and the building as we proposed it, the conference building, Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 162 ZBA Town of Southold April 23, 2009 meetinghouse building, is going to be built onto the slope not into the slope. I think the Town Attorney and I will have to talk about this, and we may be in conformity with that Code because I think that the way it reads is that if you were to build on a parcel that is completely a slope, 20-percent slope property, rather than building into a sloped area it may be -- it's a matter of interpretation and it's the first time that anybody has looked at this since it's a relatively new law. What we did find, and I have a copy of the stormwater plan, is that the state, as you know, the law that the Town has adopted has mirrored the state. The state, actually the DEC implemented this program Stormwater Pollution Prevention Program, the Town has adopted with a general permit requirement and this project actually did file a stormwater and an NOI to the state, which is -- was accepted. There are a few minor questions, but nothing related to the building into the slope. So we may, again, it may be an issue where the state has accepted our plan and that Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 163 ZBA Town of Southold - April 23, 2009 plan may be a duplication for the Town. So we'll talk about that again. It's a new issue here and I just heard about it 4:30 yesterday. Fortunately, the architect was available and was able to clear up that a stormwater plan had been filed, but I will put five surveys that show the slopes and where the proposed building is, if you wish to take those. CHAIRMAN GOEHRINGER: Two quick questions, can the building be moved to eliminate that, if that's not the case? MRS. MOORE: Well, I would, for those of you who've been on this site, you know that the property while it's quite large, it is -- the meetinghouse works in hand with the motel's use. It is one overall project, one - - they work hand-in-hand. It had been placed set aside somewhat, but the placement of the building tucked into the building (sic) allows for various benefits and I do want to have the architect go over that because -- CHAIRMAN GOEHRINGER: I'm aware of that. I'm only throwing that out to you. MRS. MOORE: Okay, alright. Alright. CHAIRMAN GOEHRINGER: So that's number 1. Pugliese Court Reporting and Transcription Service (63]) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 164 ZBA Town of Southold - April 23, 2009 MRS. MOORE: Alright. CHAIRMAN GOEHRINGER: Number 2 is you know that we're waiting for SEQRA so this is not the -- MRS. MOORE: Yes, so we'll keep it open anyway. CHAIRMAN GOEHRINGER: So this will be kept open and there was one other issue. What do you have for the public to look at while we are taking a short break? MRS. MOORE: Yes. We have a lot and would you like us to show you the diagrams first before we show the public and then we can go back in detail on the plans? CHAIRMAN GOEHRINGER: We'll just put down what we have right at this exact moment and if they want to break later to look at anything else, we can do that. I just want to go over something. When I reviewed the documents it says it contains 36 preexisting motel units, 3 apartment units and a restaurant and additional 4 units approved in 1999 and you I'm missing 1. MRS. MOORE: said that there are 42 units. No, I said that there are Pugliese Court Reporting and Transcription Service (631) 878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 165 ZBA Town of Southold - April 23, 2009 39, 39 plus 4. CHAIRMAN GOEHRINGER: 39 plus 4, okay. MEMBER OLIVA: That was around the pool. MRS. MOORE: Yes. So the apartments were all incorporated in my 39. The prior permits -- it was just the size and the use of them were more intensively than the motel, but they have all been renovated and kept exactly -- CHAIRMAN GOEHRINGER: So it's 36 plus 3 plus 4; is that correct? MRS. MOORE: Yes. CHAIRMAN GOEHRINGER: Okay. Alright, we'll put down what we have and if the public has any problem seeing it, then we'll give them time to see it. I'll offer a resolution to take a 15-20 minute break. MEMBER WEISMAN: Second. (OFF THE RECORD) BOARD ASST.: This the hearing of the Joint Board, continued. MRS. MOORE: Thank you. I'm gonna have Louis Giacalone, who is the architect, continue with this presentation now that your blood sugar is under control. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 166 ZBA Town of Southold - April 23, 2009 MR. GIACALONE: Thank you. My name is Louis Giacalone, President of (inaudible) Giacalone Architects in Farmingdale. We're the architects for the Joint Industry Board for this project. We're here and I'm here to talk specifically about the meetinghouse and its location and its size, but I'm certainly prepared to answer any questions you may have on the overall project as well as any of the other items that we are here before you for the variance of the cabana building. If you don't mind, if I can step up if you can hear me I can go through the boards. For those who were not -- have not been to the site or just to familiarize you with the property, this is Long Island Sound; this is Duck Pond Road; these are the two main motel buildings. This is the restaurant, the driveway and the existing parking is here. This is another roadway and existing parking going up to the cabana building, this is the swimming pool and this is the lawn, what we'll be calling the great lawn around the recreation area and then this area is the PugJieseCourtReportingandTranscriotionService (631)878 835~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 167 ZBA Town of Southold - April 23, 2009 location of the meetinghouse. With the meetinghouse comes also a driveway, which is primarily for emergency vehicles and for handicap use and for automobiles to bring the disabled up to and close to the building, and then the building is located here. There are also walkways that connect the building and the parking areas. The building, I'll take you very quickly through the plan. The lower level of the building consists of the data center, mechanical room, an office, a game room, and there's a small storage facility with a garage door on this end for lawn equipment. The second floor contains a multi-purpose room and you've heard the description that the Joint Board will be using solely using the motel for their own personnel and this building, likewise, is being used for educational purposes for the people who come out and be on the site. So it's the same people that are in the motel who will be at the learning center. The second floor has a multi-purpose room, which is the primary learning center, a Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 168 ZBA Town of Southold - April 23, 2009 storage area, a second meeting room. This multi-purpose room will have 100 people, this will have approximately 45-50 people, a small breakout room, exit stairs, public toilets, another breakout room and this is a roof over that storage area. The second floor is accessed from a circular stair, which is expressed on the elevation as this rotunda, an elevator, and then there's an emergency stair on this side. One of the issues in question that Mr. Verity wanted this Board to be aware of was what we'd call the third level. It's not a floor at least from our point of view. The third level is primarily a deck which occurs over the meeting room. If you remember down below there was a meeting room, this deck occurs right on the roof of that meeting room. Access to this deck is by means of the rotunda stair and the elevator and this corridor and all of this spac~ is contained under the roof level and I'll show you on the elevation. So that in a sense what we've done is we've tucked this access hallway out to this deck under the existing roof and specifically made PuglieseCou~ Repo~ingandTranscri0tionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 ZBA Town of Southold - April 23, 2009 sure that we stayed within the height limitation of 35 feet to the midpoint of the roof as well as to not express that level at the roof level. The area of this corridor and the public toilets and this small lobby is about 470 square feet, which represents about 2.5 percent of the overall building area about 18,000 square feet. CHAIRMAN GOEHRINGER: The whole building area is 18,0007 MR. GIACALONE: Yes. CHAIRMAN GOEHRINGER: Thank you. MR. GIACALONE: This is the main view, which is the rendering that you see here and the point that I wanted to make is that when you look at this building it represents a two- story building and the power to the elevator and the stair penetrate through the roof, which are permitted penetrations in terms of height, but after the second story is the roof and on this elevation you can see that on the side, which is this side, you can see that the grade slopes from the second floor down to the first floor, but it's more demonstrated on this elevation which is the elevation that Pugliese Cou~ Reportingand TranscriptionService (631)878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 170 ZBA Town of Southold - April 23, 2009 faces east. It's not exactly due east, but we've been calling it the east elevation. Because the building is tucked into the hillside for a number of reasons, what you're seeing on that side is a one-story building with the same roof sitting on top. This is the deck for -- that sits on top of the meeting room, which is here, and that corridor that leads to this deck or hallway that leads to the deck is located under this roof and the side elevation again shows and demonstrates that where the back of the building is actually tucked into the hill. This is the first floor which comes out and manifests itself in the front, but in the back the first floor is entirely below grade. I have a section that would show that. In this section, taken through the building looking north toward the water, this is a two-story building this is the first floor, this is the second floor. The first floor has access on grade facing the motel building, but the first floor in the hillside is completely buried in the hillside so that only the second floor manifests itself at the Pugliese Cou~ Repo~ingand TranscriptionSe~ice (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 171 ZBA Town of Southold - April 23, 2009 back of the building. This is the elevator core that goes up and there is -- I should have brought a marker with me, but in this section it shows specifically this area is a hallway that's tucked underneath the roof. This is the roofline, this is the hallway that is tucked underneath the roof that leads you from the elevator and the stair out to the deck and it was this small area that Mr. Verity wanted us to present to the Board. There are other details and sections, which I can go over in greater detail with you, that show how the building actually is tucked in. There are a couple of reasons that we tucked the building into the ground. The first was to create more of an earth building so that with the building tucked in it's a far more energy efficient building. Secondly, the placement of the building in this location here, what we wanted to do is to place the building in a manner that really enveloped this, what we're calling the great lawn and the recreational area, that is identified by the existing buildings here, by the existing cabana building and the pool area and the Pugliese Cou~ Reporting and TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 172 ZBA Town of Southold - April 23, 2009 Bocce court and the basketball courE. We wanted to bring physically this area around so that as you went through the facility you really feel enveloped by this. Secondly, as I said, it buries into the ground so that we have a more energy efficient building and thirdly, what it does also is it doesn't block any of the views. If we had -- you had asked the question. If we started to bring this closer than the views of this building to the waEer would be blocked by the motel building. So there were a number of reasons to bring the building out here including to somewhat isolate it, this is kind of a dichotomy, we wanted it to be part of the envelopment of the great lawn and the recreation, but at the same time we wanted to somewhat isolate it so that it didn't have to participate with this recreation area. So it was a kind of push and pull, get it a little bit away from the recreation are, get it into the hillside, but at the same time still have it appear as part of this overall development. The intent being, when it's all done it would look like it was there for years Pugliese Cou~ Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 173 ZBA Town of Southold - April 23, 2009 rather than someone had just dropped the building in and that's the reason for the shape of the building as well. So that it really finishes the end and brings this curve around. CHAIRMAN GOEHRINGER: My question originally was probably not to bring it forward, but to bring it farther south. MR. GIACALONE: Farther south going away from the water? CHAIRMAN GOEHRINGER: Yes. MR. GIACALONE: The same issue occurs until all the way in back of the cabana and put it on that flat plateau and we had discussed that. We, of course, as planners had looked at that very many different ways to approach this. What we wanted to do is to get it away from this area to bring it closer where the view could be had, to not isolate it on the plateau and simply not to bring it so far back into, this line represents the treeline, not to bring it so far back into the treeline that it would be totally isolated from the buildings. When you mentioned that I thought you PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-835S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 174 ZBA Town of Southold - April 23, 2009 meant to pull it forward this way. You can see from the grades (inaudible) engineers and you can see from the grade that we've reworked the grade around the building so that on this side the grades are not quite level, but almost level, because we had to maintain a easy access for ADA and handicap to be able to go up the ramp at a 12 percent slope, so that entrance is here, but to also cut the grade around the building and do as little disturbance as possible. So most of the grade, I mean the building literally is being cut into the grade, it's not being built on top of the slope, If you have to answer them. but cut into the grade. any questions, I'd be happy CHAIRMAN GOEHRINGER: I realize you're an architect and not an engineer, but what is the stability factor of that entire area there? MR. GIACALONE: We took borings; soil mechanics took borings of the site. Once the building is there the building is acting literally as a retaining wall for the earth. So the -- and the design of the back wall, the concrete wall was designed as such to act as a Pugliese Court Reporting and Transcription Service (63t) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 175 ZBA Town of Southold - April 23, 2009 retaining wall, not just a foundation wall. Typically, a foundation wall does act as a retaining wall, but only (inaudible) about 2 or 3 feet below grade and at that point you're only 5 more feet in. CHAIRMAN GOEHRINGER: Right. Sure. MR. GIACALONE: We've got about a 14-foot high wall, just literally is being designed as a retaining wall. The building would be anchored by the fact that the footings are down deeper and the footings are down deeper on this side so that neither the building nor the grade are going to slide. I mean clearly that's the first thing that we did as a structural engineer. CHAIRMAN GOEHRINGER: Thank you. MR. GIACALONE: In terms of the design, and I know some of you, I'm not sure all of you, some of you have visited the site, we're very proud of how we took the motel and converted it into what it is today and this building was to continue that design. The intent was to not build what might appear to be an office building. If we did this in the city, it would be a lot different looking. We Pugliese Cou~ Repo~ingand TranscriptionService (631)878-8355 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 176 ZBA Town of Southold - April 23, 2009 wanted this building and the entire motel site to be designed as if it was here for the last 50 or 100 years. So this -- interestingly, even though the motel got built first, this building got designed first and after we designed the building, then we designed the hotel building to match this building. So that everything worked together and the intent of this building was to have the appearance, even though it's a fairly large 18,000-square- foot, to have the appearance of a mansion out here or a manor house out here and not just look like a training center or a computer center or a meeting house or anything else like that. So the design really was to envelope the entire facility. MEMBER SIMON: What is the maximum number of people that are anticipated to be there? MR. GIACALONE: We have either 43 or 43 rooms I think we said, which are double occupancy rooms. MEMBER SIMON: MR. GIACALONE: Right. SO that's up to -- with kids sometimes staying in the rooms, could make it up to 100 people. The intent of the Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 177 ZBA Town of Southold - April 23, 2009 Joint Board is that this is a, obviously, members only. This is not (inaudible) so it's members only. MEMBER SIMON: So it's not going to be a traffic issue or a major -- MR. GIACALONE: [Not at mike.] Actually, we were talking with some of the residents. So no, they'll come Friday afternoon or Friday early evening and be on the site most of the time during the weekend and then leave Sunday afternoon or Sunday early evening, but it's not like, you know, we're gonna have traffic coming back and forth. Of course, some people will leave during the day after training sessions and hopefully go into town and go to the vineyards and such, but for the most part they're coming to the site to stay (inaudible) once you got there (inaudible) leave. CHAIRMAN GOEHRINGER: I was only thinking for the movement of the building that since the motel is really a one-story building of relatively iow what difference if the building was tucked around the back of the swimming pool area? You'd get the same views, you'd PuglieseCourtRepo~ingandTranscriptionService (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 178 ZBA Town of Southold - April 23, 2009 probably even get better views because the views themselves would be forward of the building, in other words out of the front of the building as opposed to just the decking area. MR. GIACALONE: Certainly that's an option, except that this -- the motel is a two-story building on this side -- CHAIRMAN GOEMRINGER: side and on this Right. MR. GIACALONE: -- and then the cabana building cause the grade rises up, so the cabana building is actually higher than these buildings. As you can see here then these are the grade lines and this is relatively flat. So if we had put the building behind the cabana, between the cabana and then the roof on top of the cabana, it represents almost a one and a half story blocked view, which means that if I put a two-story building back here other than standing on the second floor most of the time you'd be looking at the roof of the cabana depending on, of course, where it was sited. If we sited it off to the side, Pugliese Court Reporting and Transcription Service (631) 878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 179 ZBA Town of Southold - April 23, 2009 then I'd be looking at the roof and the second floor of the motel building. So the intent was a number of things. Yes, the view, but I can appreciate that's not necessarily the function of this Board to worry about the views for the JIB, however, it was part of that but also partially not to just isolate the building because this building -- we believe this building has meaning in the location here because it completes an element. Here that building could go anywhere and literally be an isolated building within the community. So the intention was to try to make this building a part of this community rather than have it isolated somewhere else on the site. You can see that the slope comes across this way and then back into this area. So all of this area is fairly flat and the slope comes back over to here as well. CHAIRMAN GOENRINGER: Okay, Thank you. MR. GIACALONE: Any more questions? CHAIRMAN GOEHRINGER: No. MEMBER WEISMAN: I'd like to make a comment. PugJieseCou~ Repo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 180 ZBA Town of Southold - April 23, 2009 MEMBER OLIVA: It's better than what's there. MEMBER WEISMAN: Yeah, you've done a really excellent job of campus planning. The use of scale or elements is really terrific. It really does create a far more residential feel than, you know, than a large commercial structure. BOARD ASST.: We're not getting you, I'm sorry. There's paper rattling. MEMBER WEISMAN: I was simply saying that I thought it was a very good job of campus planning, that it was located in a very appropriate site. It's not in the steepest part of the slope anyway. MR. GIACALONE: Right, it's at the base. MEMBER WEISMAN: I very much applaud the effort to use geothermal energy ~o reduce energy impacts. We're very concerned with that out here, as we should be everywhere. You know, it's a handsome overall architectural strategy. I certainly don't have any problems with it where it is or with any of the other special permits. It's an excellent use for the site. It's a real PuglieseCou~ Repo~ingandTranscriptionService (631)878-8355 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 181 ZBA Town of Southold - April 23, 2009 amenity for the members of the Union, but also it's a real upgrade for us out here. We would hope that perhaps some of the members would avail themselves of some of our attractions locally, from time to time, but I think it's a terrific job. MR. GIACALONE: If I may address the issue of geothermal cause that came up at one point. MRS. MOORE: Yes. MR. GIACALONE: The Joint Board is currently -- I don't know when you were there, but the Joint Board is currently installing solar panels on the roof of the existing motel and we're investigating still geothermal; however, we were talking earlier with some of the residents, geothermal in a commercial application is not as strong economically as it might be in residential application. There are many companies that are providing geothermal for private residences. Typically, one unit sitting out in the back yard with 35- foot or 50-foot deep hole with a re- circulating system and only on the coldest days you have to go to electric heat or some PuglieseCourtRepo~iogand TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 182 ZBA Town of Southold - April 23, 2009 other source of heat because you just can't extract enough heat out of the water coming up. In a commercial application, similar to a project we're doing at U.S. Merchant Marine Academy in Kings Park, we needed about 2 acres of land for the -- to drill the pipes, etc, in this project it would be less. It would be a half-acre to an acre of land, but more importantly because we're on the water, just as we are in Kings Park, the DEC also takes control and, although we haven't gotten that far into the design yet, we had to drill about 500 feet to make sure we got below what the DEC felt was a critical area of subterranean water. It's on ~he Sound actually. So economically to drill 500 feet to extract the water out and then have the temperature delta, which at the manifold was about 5 to 6 degrees, cause they have one system out there now and we're going to piggy-back on it, the delta was about 5 to 6 degrees, which is not a lot of heat to take out for a building, which means you have to have a lot more water, which dictates a larger area of site in order to PuglieseCou~ Repo~ingand TranscriptionSe~ice (631)878-8355 183 ZBA Town of Southold - April 23, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (inaudible). So while the Joint Board is still looking at it because the solar is now addressing other issues, my opinion as an architect and having worked with our engineers, the geothermal is not yet ready for primetime use in commercial and the indication of that is that there's very few commercial applications for geothermal on Long Island and in general. The rates that we pay for LIPA as it continues to increase is certainly going to cause a lot more clients, including clients like this that have access to area to investigate whether or not geothermal is possible in the future and it's easy to hook geothermal up to the system because it's basically just trading one water source for another water source, but the reality is that right now, although JIB is looking at this, I wouldn't want to say to the Board, yes, we're going to (inaudible) have it. My personal opinion, as an architect, I don't think we will, but the solar -- MEMBER WEISMAN: But it's still passive, I mean, you're still using some passive devices by building into the hill. It doesn't PuglieseCou~ Repo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 184 ZBA Town of Southold - April 23, 2009 have to be active geothermal. MR. GIACALONE: Well, that's it. That's part of what I said earlier that it's a passive energy saving. MEMBER WEISMAN: Yes. MR. GIACALONE: Only because I've built an earth house -- building, but the solar and I have solar on my house so I know the benefits of solar energy because I get rebates from LIPA. The main thing about solar on this building and it only happened since January, I'm sure you're familiar with net meter and you can sell power back to LIPA at the rate you buy it from them, which is what I do and during the winter months I actually get a credit on use in December/January. I get a credit on my electric bill and then I pay for it with the air conditioning in the summer, but because coutmercial -- I net meter as a resident -- because commercial properties were not permitted to net meter until this past January, solar didn't make sense on commercial facilities. LIPA changed that and Kevin (inaudible) was instrumental in putting that through. So now commercial enterprises can PuglieseCou~ Reportingand Transcri~ionSe~ice (631)878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 185 ZBA Town of Southold - April 23, 2009 net meter. Most commercial enterprises don't have enough roof area to generate enough area to generate enough power to have excess power during the day, because the Joint Board will use this facility mostly during that bracket of April to November of summer months and then it'll close for four or five months out of the year, those solar panels will be generating electricity 100 percent of the time and selling it back to LIPA. That's why solar makes sense for this project once net metering was put into effect. MEMBER WEISMAN: Let's just address the third story aspect. MR. GIACALONE: Sure. MEMBER WEISMAN: I would probably not have written it up as a three-story building, number one, but having said that it's fully sprinkled with a fire suppression system anyway. MR. GIACALOBE: MEMBER WEISMAN: Correct, that's correct. So even if we upheld the Notice of Disapproval and called it a three- story building, it's mitigated by the Pugliese Cou~ RepoSing and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 186 ZBA Town of Southold - April 23, 2009 sprinkler system. MR. GIACALONE: And the fact that I have three means of egress out of that. I have the circular stair, which is a legal means of egress. I have the stair in the back and then I have the outdoor stair that gets them down to the ground, which is only one story below the deck. So -- and that was done inadvertently, again, not even thinking, cause the third floor didn't come out until the very end of the design. We had met with the Planning Board on design as well as the Building Department in order to make sure that we were doing the right thing and this third story as a story never came up until the very end of the project, but we just knowing that we had to stay within the three-story limit or 35-feet in stories, designed that third floor to be simply a corridor where you come out of an elevator and go out to the deck. In fact, at times we had to resist JIB's request to well let's add another room up there, let's put some windows in, let's put some skylights, let's make use of all that space and we kept insisting if I do that it's no longer a PuglieseCourtRepo~ingand Tran$criptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 187 ZBA Town of Southold - April 23, 2009 corridor to a deck, MEMBER WEISMAN: MR. GIACALONE: it's now a third floor. Habitable space, yes. So we kept cutting it back. The only concession we made is we added further on public restrooms on that level rather than have to have people go down to the level below and, frankly, I would get rid of those toilets if those -- if that tipped me into being a third floor, I would get rid of those public restrooms cause they're not required by Code, they're there by convenience. MEMBER WEISMAN: It wouldn't matter if it was three stories, we have the right to grant that as long as it's sprinkled. MR. GIACALONE: Right. MRS. MOORE: Right. CHAIRMAN GOEHRINGER: We thank you. MR. GIACALONE: Okay, thank you. MRS. MOORE: I just want to correct the record. It was my misstatement, I just want to be sure we have the right numbers cause you were asking me. We have 36 motel units, 3 apartments, that's 39 units and 5 units in the cabana. Pugliese Court RepoSing and Transcription Service (631)878 8355 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 188 ZBA Town of Southold - April 23, 2009 CHAIRMAN GOEHRINGER: 5 units. MRS. MOORE: So total was the 44, my numbering was off. CHAIRMAN GOEHRINGER: Okay, thanks. MRS. MOORE: Okay, thank you. CHAIRMAN GOEHRINGER: How much longer do you think you're going to need to present this case, Mrs. Moore? MRS. MOORE: I think that you have all of this in writing already, so I don't know that you need me to restate everything on the record. It is already in the record. CHAIRMAN GOEHRINGER: Good. MRS. MOORE: I'm more concerned with making sure we have answered your questions. I know that the issue with respect to stormwater is we're going -- because the location of this building is so important, tucked into the hill for all of the reasons that were just stated, if we have to get an amended Notice of Disapproval under the stormwater law to incorporate that as among of your variances, I think that you've heard enough here today on all our reasoning for doing that and the fact that we do have all PuglieseCou~ ReportingandTranscriptionSe~ice (63~)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 189 ZBA Town of Southold - April 23, 2009 the stormwater issues addressed onsite including, you didn't mention this, but we talked about it at the site, Duck Pond Road right now all the water goes down and goes into the Sound. We are actually absorbing all or most, I would say, of the Duck Pond water runoff, the public runoff into the site within the grassed area that is just south of the motel and that's requiring a tremendous amount of leeching pool systems, but we are addressing -- we're correcting a stormwater problem that is a Town problem. CHAIRMAN GOEHRINGER: Okay. MRS. MOORE: So that's -- we're mitigating conditions. That as well as the way that we're absorbing all the water onsite, I think, addresses all the stormwater issues that, you know, I would ask that our discussion incorporate into the variance and we don't even know yet what the paperwork will be, but I assume it'll be -- It's area variance standard so I would assume it's the same paperwork that you have already. It'll just be one added provision of the Code, if that's alright with you. Pugliese CourtRepo~ingand Transcription Service (631)878-8355 1 2 4 5 6 7 8 9 10 12 13 14 15 16 17 18 ~9 20 21 22 24 25 190 ZBA Town of Southold April 23, 2009 CHAIRMAN GOEHRINGER: Yes. So let's go on to the public and make everybody aware of the fact that this is the first hearing and there will be at least one more hearing -- BOARD ASST.: Which will be advertised -- CHAIRMAN GOEHRINGER: Yes, it will be advertised for the next one. BOARD ASST.: - and noticed again. CHAIRMAN GOEHRINGER: Is there anybody who would like to speak for or against this application? Lady in yellow -- white, excuse me. We need you to use that, we apologize. NEIGHBOR: (Inaudible). We are the owners of the house right next to the property. MRS. MOORE: The top of the hill. CHAIRMAN GOEHRINGER: At the top of the hill. NEIGHBOR: So we of course are the ones most affected by the proposed plan here and I have been very impressed by the plan, by the care of the architect and of the Union and my only concern is that of the noise abatement. There is no noise abatement Code in this Town right now. With the other motels which were Pugliese CourtRepo~iogand TranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 191 ZBA Town of Southold - April 23, 2009 very small and not very nice, we did hear noise coming up from that area. With this larger group, we are concerned that perhaps we will hear noise. The architect has assured me that where the air conditioning units are going to be placed that there is going to be sound baffling and we are very enthusiastic that they are very aware that they are going to be good neighbors and I only ask that if the placement of the mansion, the meetinghouse, perhaps there could be some screening, some kind of vegetation screening so that the noise, not the look, but the noise level of 100 people in the building coming and going 100 people on this deck, which is very adjacent to my property, that perhaps there could be some, when they landscape there could be some vegetation protecting us and that is really our only concern, and I think that we have some very good neighbors in our midst. CHAIRMAN GOEHRINGER: That's very constructive. We thank you. MRS. MOORE: One of the things we talked about, again, if this building is approved PuglieseCou~ ReportingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ?[9 20 21 22 23 24 25 192 ZBA Town of Southold - April 23, 2009 ultimately where it's proposed, we talked about the possibility that we do have the woods that we are not touching, if we need to add some vegetation into any bear spots, we would certainly do that. The one thought I had was possibly providing some evergreens on their property since they're up high and flat. That possibly the Joint Board would pay for the screening on her own property and she -- and that was certainly something that was a -- NEIGHBOR: Yes. MRS. MOORE: -- possibility for additional sound barrier for them. CHAIRMAN GOEHRINGER: Can you contact this very nice lady in this period of time that we're not meeting and resolving another issue that possibly a plan could come up, come forward so that we would be able to incorporate that within the decision? MRS. MOORE: I'm not sure if I understood what you just said. CHAIRMAN GOEHRINGER: A landscape plan. MRS. MOORE: Oh, well, unfortunately we're at the site plan process, so we have to establish where our building is going to go -- PuglieseCou~ Repo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 193 ZBA Town of Southold - April 23, 2009 CHAIRMAN GOEHRINGER: I understand, but we're still planning on putting the proposed building in this location. MRS. MOORE: Yes. Assuming that we will go with this -- CHAIRMAN GOEHRINGER: Would you go up and visit this nice lady at her -- MRS. MOORE: Oh, sure. Yes, we can do that. CHAIRMAN GOEHRINGER: -- home and come up with a plan. BOARD ASST.: Separately. CHAIRMAN GOEHRINGER: Separately from this to be incorporated within this decision? MRS. problem. MOORE: That's fine. That's not a Again, that offer is when we have the building here, if we're gonna, you know, we don't control the Planning Board, but we're hoping that they will be, you know, amenable to where we have everything proposed. CHAIRMAN GOEHRINGER: Okay, thank you. MRS. MOORE: Thank you. CHAIRMAN GOEHRINGER: Does anybody else have any questions for Pat Moore at this time? Pug~ieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 $ 6 ? 8 10 11 12 13 16 17 18 19 2O 21 22 23 24 25 239 ZBA Town of Southold - October 1, 2009 HEARING #6245, 6314 - E and C Property Holding, Inc. and Educational & Cultural Fund ef the Joint Industry Board for the Electrical Industry CHAIRMAN GOEHRINGER: We're opening this hearing. HEHBER WEISHAN: Do you want me to read the -- CHAIRMAN GOEHRINGER: Ne. HEHBER WEISHAN: There's a new one. MRS. HOORE: There's an additional. MEHBER WEISMAN: There's an additional one. CHAIRMAN GOEHRINGER: Just add the additional eno. MEHBER WEISMAN: Yeah, I'm just going te read that one into the record since the others are a carryover. Se this will be application, "#6314 for E and C Property Holding Inc. and Educational and Cultural Fund of the Joint Industry Board for the Electrical Industry, the property is en Duck Pond Road in Cutchogue. "The applicants also request a Variance concerning an application for a drainage Pugliese CourtReportingand Transcription Service (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 240 ZBA Town of Southeld - October 1, 2009 control permit based on the Building Inspector's June 3, 2009 Notice of Disapproval under section 236(13), for the reason that the site plan shows a land area having a slope greater than 20% for the construction ef the proposed meeting house building." HRS. MOORE: Thank you. What I've presented to you for today's hearing, what I tried te do is to try to (inaudible) and just giving a recapitulation of what has -- where we are in the process, I started out with -- I want to put en the record what we've done since the date of the last hearing, what actions have been taken. So I listed for you, I start off by having since the last hearing Jamie Richter, our Town Engineer, reviewed the stormwater pollution prevention permit (inaudible) and reported to the Planning Board that the plan conforms with the Town's stormwater code that's 236. Secondly, the Town Engineer worked closely with the applicants to complete a stormwater collection system on the west side of the property, which captures the water runoff from Duck Pond Read and I have the Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 241 ZBA Town of Seuthold - October 1, 2009 engineer who designed the system here, if you have any questions regarding that aspect of it. The Planning Beard reviewed the proposed site plan and they are satisfied with the site plan. They are -- completed the file the Planning Beard. before we can then the Planning Beard. at this point, we've as far as we can ge with They await your decisions complete the site plan with Planning Board completed the SEQRA review process and that, I believe, has been forwarded to you. On August 5~h, the Suffolk County Planning Cormlissien recommended denial of the proposed variance ef the stormwater code and reconm~ended relocation of the building. They based that denial -- that came te you as a Beard. They based it ena previous recommendation to the Planning Beard on our site plan referral and in the site plan referral they recommended relocation of the building, which the Planning Beard and I site further on the Planning Beard is prepared to override that recommendation. Suffolk County Planning Coi~)ission has jurisdiction with respect te site plan. PuglieseCourtReportingandTranscriptionService (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 242 ZBA Town of Southold - October 1, 2009 The - I'm just putting on the record, not to distract us er te even go into the technical aspects ef this, just for the purposes of preserving the record on the issue, the variance side ef the stormwater cede does not require referral te Suffolk County Planning Coramission and they did not have jurisdiction over this issue and I'm just putting on the record that objection. The bottom line is that I hope we have unanimous support from the Board en this application. We get all the variances and approvals that have been requested, therefore, we -- you knew, the referral or the issue of the Suffolk County Planning Commission en the vote for an override would be moot because we would have the votes that would be necessary; however, just as the lawyer, I just have to put that on the record as far as, you knew, protecting my client's rights. CHAIRHAN GOEHRINGER: Right. HRS. HOORE: So that is where we are since the last hearing. We have this application with respect to the placement of the building and in the second phase that I've Pugliese Court Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 243 ZBA Tewn ef Southold Octeber 1, 2009 described I went through the testimony that we had from last time and just essentially pewer peinted all of the points that were raised at the last hearing and finally we get to the issue at hand, which is the variance fer the stermwater. I did that again just to bring us all up to speed just te make sure that the record is complete and if you have any particular questiens with respect to the other variances and the Special Permit, I hepe we have everybody here to try to answer those specific questions, but with respect to if you want me to ge straight head on inte - CHAIRMAN GOEHRINGER: Head on. Head eh. ASST. TOWN ATTORNEY: Hold en, Pat, just one question. HRS. HOORE: Sure. ASST. TOWN ATTORNEY: It's obvious that certain items that you discuss in the status of actions have been submitted to the ZBA -- HRS. HOORE: Yes. ASST. TOWN ATTORNEY: -- it is unclear whether the Town Engineer, the first two points, can you make sure that that's in eur file also? Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 6 T 9 10 11 12 13 17 18 19 20 21 22 23 2~ 25 244 ZBA Town of Sou~hold - October 1, 2009 HRS. HOORE: Um -- ASST. TOWN ATTORNEY: It's clear that it's in the Planning Board file, but -- MRS. MOORE: I was told by Planning that it was submitted to you. So I have -- all I can tell you is that they tell me that it was submitted. I can look in the file after the hearing te verify it. ASST. TOWN ATTORNEY: I don't have a copy of the file. So it's -- HRS. HOORE: I know that they ASST. TOWN ATTORNEY: I just want te make sure it's in the file. HRS. HOORE: Yeah, cause I actually when I was trying to get this back en the Board's calendar today - CHAIRHAN GOEHRINGER: I'm going te look. ASST. TOWN ATTORNEY: Do you have it? HRS. HOORE: I knew you have the Planning Board (inaudible) HEHBER WEISHAN: (Inaudible) thoroughly and I think we do have it. HRS. MOORE: Yeah. ASST. TOWN ATTORNEY: As long as we have it, I'm fine, but we do need to have our PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 245 ZBA Town of Seutheld October 1, 2009 records straight. MRS. MOORE: Ne, that's fine. If you don't, you should have it in your file. MEHBER WEISMAN: bet me leek. I thought I saw it. HRS. MOORE: I only got an email from Planning. I did not have -- they tried te email it to me, but it didn't come through whatever format they sent the Town Engineer's specific reco~nendatien that they gave to Planning, but Planning paraphrased what the Town Engineer did and I knew for a fact, cause I saw the copy of the memo, they went from Planning to the Zoning Board that was the typical recommendations and referrals. So I know that that is in your file. MEMBER WEISMAN: We have it. Jamie Richter letter from -- CHAIRMAN GOEHRINGER: September 16. MEMBER WEISHAN: - te Harty te the Planning Board. 2009. {inaudible) MRS. MOORE: MEMBER WEISMAN: In any case, Yes. We received it July 24, it's in compliance. MRS. MOORE: Geed. Okay. Pugliese Court Reporting and Transcription Service (631) 878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 246 ZBA Town of Southold - October 1, 2009 HEHBER WEISHAN: So it's here. ASST. TOWN ATTORNEY: Thank you. HEHBER WEISHAN: You're welcome. I saw it someplace. Why don't we I knew take that one first and then go back to the carryover? MRS. MOORE: Do you want me to go forward with the 236 discussion, are we ready? HEHBER WEISHAN: How de you want to proceed, Jerry? CHAIRMAN GOEHRINGER: I would like you to work with the new stuff HRS. HOORE: So we Okay. MEMBER WEISHAN: Okay. first so we -- make a record on that. Alright. MRS. MOORE: Okay. Why don't -- I have that in my writing and in the application that I submitted I have the standards under 236-4, which is a minimized soil erosion sedimentation stormwater runoff and A through E. Rather than read te you what has already been submitted, why don't I have particular questions addressed by the Engineer with respect to how we're addressing these issues. Would that make sense? CHAIRMAN GOEHRINGER: Yeah, possibly PuglieseCourtReportingandlranscriptionService (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Tewn ef Southold - October 1, 2009 247 back. MR. sorry. GIACALONE: (Inaudible). Is that okay? ASST. TOWN ATTORNEY: the original before, but Yes. (Inaudible) that'll be better. MR. GIACALONE: (Inaudible) where the building the (inaudible) -- HEMBER WEISMAN: HR. GIACALONE: Oh sure. -- familiar This is the Leng Island Sound. this is where the meeting house building is. (inaudible) and what Hrs. Hoore was talking Pugliese CourtReportingand Transcription Service (631)878 8355 [Not at mike.] is. This is with it. (Inaudible) Oh, I'm seeing where they may be placed en the site plan. MRS. HOORE: Okay. I think the first one -- well, actually I think we talked abeut the erosion with the two of you and the wall that came up last time. Why don't yeu put -- HR. GIACALONE: Okay. MRS. MOORE: You started -- [New speaker not at mike.] MR. GIACALONE: Louis Giacalone, I'm the architect (inaudible). MEMBER WEISMAN: How are you? Welcome 1 2 3 ? 9 10 11 12 13 16 17 18 19 20 21 22 23 2~ 25 248 ZBA Town of Southold - October 1, 2009 about on Duck Pond Road, there was additional work done te drainage basin in the corner and that work is done. In fact we were waiting for s©me of the landscape (inaudible) to take hold before it's actually (inaudible) to the inlet across the street, but that work has been done (inaudible) program on this plan. This is a blow up ef the building and the problem that was raised is, hew de we address the runoff that's coming down the hill. CHAIRMAN GOEHRINGER: That is what we're concerned about. MR. GIACALONE: Right, once we put the building in here. On another drawing I'll show you we have leeching pools over here and over here. The primary reason for this leeching peel is te take all the reef runoff from the new building and direct it te the leeching peels. So what we did in the back, this line here is a wall, block wall, behind the wall is a gravel swale that we're constructing. It's roughly about 2 feet wide and 2 feet deep and it's going to have a perforated pipe at the bottom ef the swale and that's going to catch all the runoff coming PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 249 ZBA Town of Seutheld - October 1, 2009 down the hill and it's going to split it in these pipes here and here and it's going to connect down to these pools. These pools have been sized te take the runoff here plus the runoff from the roof and any local runoff, they are at low spots and that's where we're going to catch all the water and it's designed for a 2-inch rainfall, which are approximately a 1 in 10-year storm. CHAIRMAN GOEHRINGER: What about a freeze and a thaw? Will that freeze that soil to the point that it won't allow any protrusion into that area? HR. GIACALONE: Gravel? CHAIRHAN GOEHRINGER: The -- HR. GIACALONE: Yeah, I don't think it'll freeze the gravel -- CHAIRMAN GOEHRINGER: Okay. HR. GIACALONE: -- because it's designed se ne water stays in the gravel to freeze. The water is taken away by the perforated pipes. CHAIRHAN GOEHRINGER: Okay. MR. GIACALONE: And the pipes are pitched so that there'll be a natural gravity flow PuglieseCourtReportingandTranscriptionService (631)878 8355 6 ? 9 10 11 12 13 16 17 18 19 2O 21 22 23 2~ 25 250 ZBA Town of Southold - October 1, 2009 once the water goes through the gravel and gets to the perforated pipe and that pipe is pitched down naturally occurring, ef course, from the top of the hill to the bottom ef the hill where the leeching pools are. Se there's no standing water in the pipes, nor is there excepted, nor would there be standing water in the gravel trough, se to speak. So that's a fairly standard way, at least from our point ef view, it's a fairly standard way for us achieving, when we're building into a hill concerned about erosion, for us to control the water to a gravel trough and an under gravel trough to take the water down to the bottom ef the hill and the leeching pools or wherever else it goes. CHAIRHAN GOEHRINGER: HEHBER HORNING: So that you mentioned, it's Okay. Thank you. the perforated pipe going to take the drain water away that's underneath the gravel. Are you covering it with a landscape fabric er something so that the gravel will not actually go into the holes ef the pipe? UNIDENTIFIED: Yes, yes. That's standard detail, you wrap the pipe in the fabric -- Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold October 1, 2009 HEHBER WEISHAN: Around the pipe. MR. GIACALONE: Right. It's a filter fabric wrapped around the pipe and then the pipe has holes in it -- MEMBER WEISMAN: Right. MR. GIACALONE: -- so the filter fabric doesn't allow the fine te get into the holes 251 HEHBER HORNING: That's what I (inaudible). CHAIRHAN GOEHRINGER: Right. HEHBER WEISHAN: And this is the that the Engineer, our Town reviewed? HR. GIACALONE: That's HEHBER SCHNEIDER: the building look like? and then you have a maybe or something, do you have that area? MR. GIACALONE: Yes. system I'll shew you the elevation and then the cross section. MEMBER SCHNEIDER: Yeah. HR. GIACALONE: This is the building line and then this is the retaining wall and in Pugliese Court Reporting and Transcription Service (631) 878-8355 Engineer, correct. What does the back of You have a block wall 12 foot space there a cross section of 1 2 3 5 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 252 ZBA Town of Southold October 1, 2009 back of the retaining wall is the gravel course. HEHBER SCHNEIDER: Okay. HR. GIACALONE: Here's the rendering of the front ef the building. Here, this is the side ef the building se you can see that the back, call it the back, the east side of the building is built into the hill and then this is the other side of the building where the grade comes down to the front of the building and this is the east side of the elevation. This is all siding and then the retaining wall, which is coming here, is at approximately this point, but you won't see the retaining wall, in fact it's net showing here. You don't see the retaining wall because it's obviously buried in the ground. HEHBER HORNING: Right. HR. GIACALONE: But you will see the building above the retaining wall, which represents here, it presents itself as about a eno-story building. HEHBER SCHNEIDER: Would you say the, I guess it would be the west side of the retaining wall is exposed? Is it a walk Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 ? 9 10 11 12 13 16 19 2O 21 22 23 2~ 2~ 253 ZBA Town of Southold October 1, 2009 around the building there in that area? MR. GIACALONE: The retaining wall down as the grade drops HEHBER SCHNEIDER: HR. GIACALONE: We retaining wall at the goes down. MEHBER WEISHAN: MEHBER SCHNEIDER: drops MRS. MOORE: Keeping in mind, if I could assist here, the hill is this way, okay, se it is actually -- HR. GIACALONE: Yeah, it's hurled. HRS. HOORE: Yeah, it's buried. HEHBER SCHNEIDER: How far is the retaining wall away from the side of the building? UNIDENTIFIED: (Inaudible) it varies. It varies cause in this area here where we have our air conditioning equipment -- MEMBER SCHNEIDER: Okay. UNIDENTIFIED: -- it's much further away, where here it's just a walkway for anybody walking (inaudible) HEHBER SCHNEIDER: That's what I was sort Pugliese Court Reporting and Transcription Service (631)878-8355 down. Oh, okay. tried to keep the level of the -- as it Lowest profile. Okay. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 254 ZBA Town ef Southold - October 1, 2009 of getting at. That's what I was interested in. HR. GIACALONE: Yeah, cause this is the walkway and the stair coming down from -- so this is about 10, this is about 18 feet roughly from (inaudible). HEMBER SCNNEIDER: Um-hmm. back MEMBER HORNING: of the building. CHAIRHAN GOEHRINGER: That's for access to the Yes, right. The question, there is no adjustment on this from the prior hearing. The purpose of this entire procedure was to be able to construct it and for the purposes of the Planning aspect of it that are going to be, you knew, over voted er have voted so to speak. This building is in the exact same position as it was before. HEHBER WEISMAN: Yeah, where it should have been to begin with as far as I'm concerned, as an architect. CHAIRMAN GOEHRINGER: Yeah. MEMBER WEISHAN: Well, I'm glad te see this, you know, kind of resolved in my mind based upon what is very important kind ef erosion controls and so on. Pugliese Court Reporting and Transcription Service (631) 878 8355 1 2 3 6 8 9 10 11 12 13 16 17 18 19 20 21 22 23 2~ 255 ZBA Town of Southold October 1, 2009 My question is the Notice of Disapproval is still considering this a three-story building, I would once again like the record to reflect that what is being construed as a third story is, in fact, circulation fundamentally. It's not se much habitable space as it is at grade access. MRS. MOORE: Um-hmm. MEMBER WEISHAN: dramatic slope -- HR. GIACALONE: HEHBER WEISMAN: MR. GIACALONE: MEHBER WEISMAN: MRS. MOORE: I Okay, because of the One story above grade -- Above grade. -- access. At that -- think when you design it '2-1/2 stories {inaudible) trying to design a half-story -- MEMBER WEISMAN: Right. MRS. MOORE: -- but whether or not it's a half or a third story, the Building Department (inaudible) coming here for these applications MEMBER WEISMAN: Get the variance. MRS. MOORE: [Inaudible, not at mike.] Pugliese Court Reporting and Transcription Service (63]) 878-8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 ZBA Tewn ef Southold 256 October 1, 2009 HEHBER WEISMAN: There's that's the whele point. HR. GIACALONE: that you can get to the -- HEHBER WEISHAN: HR. GIACALONE: three levels, There's a third level by stair and elevator, but Right. -- primary function of that third level was this corrider te get te the outside deck and so at that third level there is and I realize I don't have the plans, but at that third level there was twe small public foyers for the cerrider, twe small (inaudible) the elevator comes up and I think the dumb waiter cemes up from the (inaudible} kitchen below. HEMBER WEISHAN: MR. GIACALONE: egress path te the said, when we were Egress. So it's basically an deck and, as Hrs. Moore geing through this with Hr. Verity, he said, well, let's (inaudible) anyway but we're designating it as a 2-1/2 story building is just a question he wanted the Beard, Planning Board, to be aware of that level. As I said, from the back it's net a three-story building, it's a one-story PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 257 ZBA Town ef Southold - October 1, 2009 building. story which in is So it doesn't present as a three- building anywhere and that walkway, is depicted here, if I were te shade it under the eaves of the roof. So, in effect, what we did is we took the attic space and carved that corridor out ef it se that you could get up to what would have been an attic and then out onto the deck. So it's net like we built a third floor and then built a roof en top of it. HEHBER WEISMAN: Alright, new I just wanted to make sure that the new members understood what these variances are for and what the technicalities were. Okay, I don't have any additional questions regarding the application particularly. I mean we've heard a let of testimony previously on the other variances and this has now to do with this drainage plan, which has been deemed te be conforming and -- CHAIRHAN GOEHRINGER: This drainage plan is a passive drainage plan; is that correct? HR. GIACALONE: That's correct. CHAIRHAN GOEHRINGER: Which is just like Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 258 ZSA Tewn ef Southold - October 1, 2009 a swale, like a big swale? HR. GIACALONE: That's exactly what it is. Typically, you build a swale te take water and direct it in certain directiens. CHAIRHAN GO~HRINGER: Right. HR. GIACALONE: On a high hill, a lew hill, even on a flat terrain you still want to direct the water se that, yeu'll see on civil engineering drawings efa relatively flat site there are still those bumps in the grading (inaudible) but, you know, there's still the bumps in the grading where water is actually directed inte the swale and then eut to wherever yen want it to ge. So it's a little mere centrelled, but in essence, yes, it's a passive water directional. HEHBER HORNING: We have a letter here from Suffolk Ceunty Executive dated August 5, 2009 and I'm geing te ask if my reading of it is cerrect where they state the disapproval of the variance for the prepesed facility te be built on slopes equal te er greater than 20 percent for the fellowing reasens and they give the -- it's not on conformance with cendition number one ef the appreval of the Pugliese Court Reporting and Transcription Service (63]) 878 8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 259 ZBA Town of Southold - October 1, 2009 site plan for the property that the Planning Commission adopted at their meeting August 5, 2009. Just briefly explain that. MRS. HOORE: What does that mean? MEHBER HORNING: Yes. MRS. MOORE: Suffolk County Planning Commission, I'll try to explain complicated concepts simply. Suffolk County Planning Commission has to rule over applications that are particular types ef applications. Generally, this (inaudible) that require a referral to them. These referrals are based on a couple of factors: Is there a county road within 500 feet; is there a county park land; is there -- they have jurisdiction ever these. I'm, quite frankly, not sure what the County owns that would have had a referral process. My thought is (inaudible) is an Ag district because among the listed items one is an Ag district. So the site plan got referred -- I'm trying to answer your question. The site plan from the Planning Beard got referred to Suffolk County Planning Commission. Suffolk Pugliese CourtReportingand Transcription Service (631)878 8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 260 ZBA Town of Seutheld - October 1, 2009 County Planning Commission, they suspect, didn't really understand the application this is what I hear at Planning Beard meetings, that they didn't really quite understand the application and I guess they ultimately came back with a recommendation to deny the location on the site plan that was shown. HEMBER HORNING: This is the location that we're talking about? HRS. MOORE: This is the same location. MEMBER HORNING: The same location. HRS. HOORE: Exactly. So on the site plan this is the location that was shown and the Planning Board in their back to you in their reco~nendation said we understand this is what they did at the Suffolk County Planning Conm~issien, that they said we have a problem -- hew did they put it? I think for Planning they said, we approve of the project, but net the location, I'm paraphrasing what they said. MEHBER HORNING: Well, Pat this letter here says that -- MRS. MOORE: No, it's condition number one that was their condition. They approved PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 261 ZBA Town of Southold - October 1, 2009 it subject te certain conditions -- HEHBER HORNING: This is referring te built decks and they called for a local determination for the as-built decks. HRS. HOORE: Right. HEHBER HORNING: Then they stated for the variance because of the disapproval slope. as HRS. HOORE: Right. CHAIRHAN GOEHRINGER: That was the purpose of the -- MRS. HOORE: That was the reason it got referred to them was the site plan and the site plan showed it in the sloped area. HEHBER HORNING: Se what was the specific reason why Suffolk County ended up with the site plan, can you tell us that? MRS. HOORE: Why they got it? HEHBER HORNING: HRS. HOORE: Oh, municipal law 239H is Yes. because under general the section of the Town law that is -- that requires jurisdictionally the Town must refer matters that are within the jurisdiction of the County and the jurisdiction is like A through C, you knew, if Pugliese CourtReportingand Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 262 ZBA Town ef Southold - October 1, 2009 you are -- HEHBER HORNING: HEHBER SIHON: particular case? MRS. HOORE: I don't know. HEHBER HORNING: HRS. MOORE: (inaudible) that MEHBER HORNING: property owner. HRS. HOORE: -- What was the reason? The reason in this don't -- I quite frankly You don't know -- quite hew these It may be adjoining they have jurisdiction - well that needed the referral. When I looked at the law the only thing I can fathom is that if you're in an Ag district or adjacent within 500 feet of the Ag district and the County Ag district -- MEMBER SIHON: Can you find out from them CHAIRHAN GOEHRINGER: It's beth waterway and Ag. HRS. MOORE: The waterway would be a county water, county controlled waterway and it's net. HEMBER SCHNEISER: Can I just say PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 263 ZBA Town of Southold - October 1, 2009 something? On the survey here - MRS. MOORE: That would be considered within their jurisdiction? That's net what the law says, but okay. MBHBER SCHNEIDER: On the survey here it says adjoining property listed as "Zuhewski family and Suffolk County." HRS. HOORE: I thought it was because ef County development rights, but that wasn't -- HEHBER SCHNEIDER: So that wasn't it. Okay. MRS. MOORE: That's not the reason, according te the law. I mean went looking in the law why it went. It's not a bad thing te refer because if you don't refer it and it was required, it undermines any decision because ef jurisdiction. MEMBER HORNING: Can you tell us, just get back te us, was it required and what was the reason, if it was required. MEMBER SIHON: Find that out from them. MEMBER HORNING: Right, that's all I'm asking for. MRS. MOORE: I can find out. HEHBER SIMON: And get a letter to us Pugliese CourtReportingand Transcription Service (631)878 8355 so 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 264 ZBA Town of Southold - October 1, 2009 MRS. MOORE: Well, I don't know -- You're different. Your referral is different from the Planning Board's referral. CHAIRHAN GOEHRINGER: That's right. Theirs is mandatory. MRS. MOORE: Theirs is mandatory. Yours is actually they say area variances are exempt from the referral requirement. CHAIRMAN GOEHRINGER: But they still refer it and most ef them all come back local determination. HRS. HOORE: I think they do it as a rule of thumb you do it, so you won't have Ce decide whether er not you have to do it and most ef the time area variances they have local determination, they don't -- HEHBER WEISMAN: Actually, when we ask them a technical legal question -- hold on a sec, maybe Jennifer can answer this also. This notice is a request for a drainage control permit, okay, now I've never written a drainage control permit before. Is this an area variance? I know the other ones are, but what are the criteria -- Pugliese Court Reporting and Transcription Service (631) 878 8355 1 2 3 5 6 7 8 9 10 i1 12 13 15 16 17 18 19 2O 21 22 23 2~ 2~ 265 ZBA Town of Southold - October 1, 2009 ASST. TOWN ATTORNEY: Our Code directs under Town law 267 so it directs an applicant for one ef these permits te do an area variance analysis and a direction to de so as well. HRS. HOORE: Right. HEHBER WEISHAN: Se it is an area variance? ASST. TOWN ATTORNEY: Yes. MEHBER WEISHAN: Cause this here is section 236(i3)B. ASST. TOWN ATTORNEY: Ne -- HRS. HOORE: 236 -- ASST. TOWN ATTORNEY: -- 236 15 -- MRS. HOORE: -- would be the variance te use the area variance (inaudible) ASST. TOWN ATTORNEY: Criteria. HEHBER WEISHAN: Okay. HRS. HOORE: of 267, I think it is. ASST. TOWN ATTORNEY: 236-15. HEHBER WEISHAN: That's what I have to be looking at? ASST. TOWN ATTORNEY: Yup. It directs you directly to Town law 267-A. CHAIRHAN GOEHRINGER: George, when we PugJieseCourtReportingandlranscriptionService (631)878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 266 ZBA Town of Southold - October 1, 2009 teek testimony, to answer your question -- ASST. TOWN ATTORNEY: Pat, I think the most important thing about general municipal law referral is that it can be -- or decision or disapproval, can he overridden by a super majority vote of the Beard. MRS. HOORE: Yes. Originally, (inaudible) I really don't want to get begged down in the technical whether it was -- was it required or wasn't it required. It would only be relevant if we do have a super majority vote in favor. CHAIRHAN GOEHRINGER: Right. MRS. MOORE: Then it might become an issue because was it required or wasn't it required would determine whether a 3 to 2 would be sufficient to grant us an approval. HEMBER WEISMAN: It would be different, right. HRS. MOORE: persuade all ef I'm hoping that we can you that unanimously this makes sense and that it'll be another day not this one. CHAIRMAN GOEHRINGER: I just explain te George that we went as Pugliese CourtReportingand Transcription Service (631)878-8355 want to far as this, 1 2 3 $ ? 9 ~0 11 12 13 16 17 18 19 2O 21 22 23 2~ 2~ 267 ZBA Town of Southold October 1, 2009 okay, and it was the steep slope issue that we held this hearing in abeyance so that all of this work could be done and they chose te go with the swale aspect, as opposed te moving the building, and keeping it in that and it appears the Planning Board is override. MRS. MOORE: They clearly do have te override. Their jurisdiction is site plan. direction going to CHAIRMAN GOEHRINGER: Right. MRS. MOORE: So I have no doubt that the Planning Board decision may be done and it does require a super majority. CHAIRMAN GOEHRINGER: Yeah, we did hear that they were going to override. MEMBER HORNING: So the slope and the fact that the building is built into the slope to some extent affect this discussion previous discussion of how many levels there are on the building, whether there are 2-1/2 or 3 or what? CHAIRMAN GOEHRINGER: No, it did not. What it did do was -- MRS. MOORE: Well, the building is designed as the 2-1/2 stories and it's up to PuglieseCourtReportingandTranscriptionService (631)878 8355 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 268 ZBA Town ef Southold - October 1, 2009 you whether you override the Building Inspector's interpretatien that it's 3 stories and needs a variance or you just granted a variance as the third stery. MEMBER HORNING: Well, Hs. Moore, I mean only because I -- when I was previeusly en the Zening Board it was a Net petato issue and -- ene ef them. CHAIRMAN GOEHRINGER: Primarily residential, though. MEHBER HORNING: Right, and there was, yeu know, some ef these places where third levels had sprinkler systems or whatever -- MRS. MOORE: Oh yes. MEMBER HORNING: and ef ceurse yeu go in seme detail of talking abeut having a sprinkler fire suppressien system en this se called third level, but you're not calling it a third level. You're net calling it a third fleor, you're calling it a deck. MRS. MOORE: Um-hmm. MEMBER HORNING: But the deck has bathrooms. Are bathrooms habitable space? MRS. MOORE: I don't know. MEMBER HORNING: Technically. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 269 ZBA Town of Southeld - October 1, 2009 ASST. TOWN ATTORNEY: I think that was the trigger for the Building Department, actually. HRS. HOORE: space? HR. GIACALONE: Are the bathrooms habitable Yeah, in a residential square feet each and a at 100 square feet each, square feet. Pugliese Court Reporting and Transcription Service (631) 878 8355 has 5 rooms at 100 toilet {inaudible) you're renting 600 area of the tenant, se to speak, as the entire area that you can walk, it's called carpet area, that you can walk en and a toilet would be part of that. So if you rent a space that environment it's not considered habitable space because you're allowed to have rooms without windows that are considered non- habitable space. Se technically it's not considered te be habitable space. In a commercial environment, I'm net sure that I ever had that question before so I can't answer it, but if you -- if it were a third floor and it had office space and a desk area, reception and all the rest ef that, then the bathroom would be part of the habitable space, because in commercial projects we define an 1 2 3 ? 9 10 11 12 13 18 19 2O 21 22 23 2~ 2~ 270 ZBA Town of Southold - October 1, 2009 So, because that was net the intent here, the intent was te provide toilets as a convenience for people that are on the deck so that they don't have to ge down the stairs to the larger toilets became a condition, out they were more else. HEMBER HORNING: down below and if that I could take the toilets a convenience than anything I saw that. As I read the file, I -- this question came to my mind, without attending the previous hearing, well, are these people skirting around the issue here ef whether it's a third floor, they're talking what's a floor and what's a deck and they're calling the floor the deck. CHAIRHAN GOEHRINGER: There was never an issue that this building was not sprinkled. HEHBER HORNING: Right, but MRS. HOORE: Would it be helpful to you te have us walk you through the building briefly? I mean, we can either do it on the record or after the hearing. MEMBER HORNING: I'll talk to my colleagues when we -- CHAIRMAN GOEHRINGER: Maybe at the end of Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 ? 9 10 11 12 13 16 17 18 19 20 21 22 23 2~ 2~ 271 ZBA Town of Southold October 1, 2009 the hearing, if George wants to see anything, he's certainly welcome to do it. HRS. HOORE: I mean it's all been put on the record, but it's, you knew, one thing reading it versus another thing with a drawing and someone walking you through. I think it would be helpful to you. CHAIRMAN GOEHRINGER: Yeah, why don't we do it after the hearing is closed. MEHBER HORNING: I mean the height, the overall height is net an issue. MRS. MOORE: No. (Inaudible). MR. GIACALONE: That's why we built it under -- MEMBER HORNING: Right. MR. GIACALONE: -- the attic. When the deck became - not an afterthought cause architects don't do afterthoughts {inaudible). When the deck became a suggestion when we had all that space up there and we said let's build a deck and everybody said well, how do you get up there? Se we'll bring the stair up, we'll bring the elevator up and then we need a small corridor to get out to the deck and so, you know, one thing led te another, PuglieseCourtReportingandTranscriptionService (631)878 8355 1 2 3 $ 6 9 10 11 12 13 15 16 18 19 2O 21 22 23 2~ 25 272 ZBA Town of Southold - October 1, 2009 but the important part for us was to retain the height of the building so that when the building was designed before the deck showed up and before the third floor shewed up, it would have been exactly that building with this roof, but we realized we could, within that reef attic space, put the corridor and the stair (inaudible) and the elevator getting up there. So we never saw it as a floor and that's why we were surprised when Hr. Verity had suggested we come before the Beard for a variance. For an area variance -- HEHBER WEISMAN: Right. MR. GIACALONE: - based on this being a three story building, but you're right it's a deck and it's access out tea deck; it's not meant te be a floor. HEMBER HORNING: Alright, thank you. CHAIRHAN GOEHRINGER: The reason why I said that in reference to this because it costs us x-amount ef time for this transcription situation. So if you don't mind spending a couple of minutes with George, that would be wonderful. For everybody's purpose, this gentleman PuglieseCourtReportingandTranscriptionService (631)878 8355 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 273 ZBA Town of Southold - October 1, 2009 was a member of this Board for six years and the Board in its wisdom, the Town Beard in its wisdom has brought Mr. Horning back and we're very elated about that. He's from the great state of Fishers Island. MR. GIACALONE: Well, I'm that cause you came by beat er you came by boat. HEHBER WEISHAN: Here The bridge te somewhere. CHAIRMAN GOEHRINGER: cost. HEMBER WEISMAN: HEHBER HORNING: special meetings would be -- HEMBER WEISMAN: MEMBER HORNING: MEMBER WEISMAN: impressed by I would assume comes the bridge. Imagine what that'd Oh, please. Teleconferencing for the people of Fishers Island participate {inaudible}. CHAIRMAN GOEHRINGER: Is there anything else that anybody would like to speak about regarding this? Hearing no further ceum~ent, I'll make a motion closing the hearing and we thank you Pugliese CourtReporting and TranscriptionService (631)878-8355 A lot cheaper. -- helpful. And it would also help 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 274 ZBA Town of Southold - October 1, 2009 fer accemmodating e£fer that as very much and we thank you our Fishers Island member and I a resolution. HEHBER WEISHAN: Secend. (See Minutes for Resolution.) 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