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Home My WebLink About5397 0>(\ - 00 ,U-d, ~, ~"t" ;;1.\l:~S5w-$'iMd1~-f..v.ll.~ -.- ;~ 7 ____'fJ-L '6311 _ fI.\- - "),[. v.&("",,+,a.Q 1N4~M+ \tJ~~-b S{."'~ 6-d~-Cs -'" 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 Tel. (631) 765-1809 Fax (631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA# ~"~'~ --~ Name: [ ] Re.nd issu~: C~OT activate or reactivate file (Applic~t h~ wi~a~ application). [ ~ ] NO :REFUND DUE, based on time spent for Town to process application and hearings. [ ~(~ ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing: 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 VIA CERTIFIED April 15, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Pending ZBA File#5397, OKI-DO, Ltd. Dear Ms. Moore: Your application has been dormant since February 2003. The Zoning Board of Appeals is writing to inform you of their intent to close this application, unless within thirty (30) days of your receipt of this letter, you respond in writing of your intention to move forward. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, Vicki Toth Board Assistant · Complete Item~ 1, 2, and 3. Al~o complete Item 4 ff ~ Delivery I~ de~lred. · Pdnt ~ur ~ and ~ress on ~e reveme so th~ we can ~m ~e ~ ~ you. · Attach ~ls ~ ~ ~e ~ ~ ~ ~1~, ~ on the ~ ff s~ ~. [] ~ [] ~ R~ ~r M~ [] Ir-~ Il [] ~.O.D. 2.~c~Num' 7009 0820 0001 7819 6310 PS Form 3811~ F~rua~ 20~ TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE Z~oB~D OF APPEALS, SOUTHOLD, NEW YORK: I (We), Dr. Kasuko Tatsumura Hillyer, Pres. of Application No ~. - Date Filed: ' 1 Lincoln Plaza, ~, (Residence, House No. and Street) (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE 100 , SECTION 121 , SUBSECTION E (1) & (3) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Holistic Health Center consisting of 125 units of transient hotel/motel (100 units semi- detached and 25 in one bldg.), 200 seat restaurant with accesor office, performance stage, swi~ing pool, t~nnis court, gathering hall, maintenance building, managers house, hot baths, boat basin and ornamental gardens and ponds A. Statement of Ownership and Interest~ OKI-DO Ltd., Dr. Hillyer, Pres. is(are) the owner(s) of property known and referred to as ~ipyard Lane, Ea~ M~iun (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District lO00, Section 38 , Block07 , Lot(s) 7.1 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map 'No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described propert.y was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Uses permitted by Special Exception former Oyster Farm and Fish Processing to be developed with O=iental gardens and Ponds. See attached written standards MII C. The property which is the subject of this application is zoned [ ] is.cmn~i~%ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ x] is vacant land. with industrial buildings to be~.me~ovated and reused COUNTY OF SUFFOLK) ....... STATE OF NEW YORK} ss.: ~ ' ~ ......... ~-gig~a%ure )" Sworn to before me this'p~ day of ~--~/~TLPa~_~, ~ . (Notary Pu"bl i c ) MARGARET C. RUI'KOWSK! Notary Public, State of New York ZB2 (rev. 2/6/86) No. 4982528 Qualified In Suffolk County ~ ~ t~.~-nmi~inn E;xotres June _,t. ~- ~ /' and APPLICANT TItANSACTIONAL I)ISCLO$ORR FORH The Town of Southold's Code of Ethics prohibits conflicts of interest on tile part of town officers and employees. The purpose of this fort, is to provide luformation which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHI~: (Last name, first ~mme, middle initi~al, unless you are applyin~ in the name of someone else or other entity, such as a company. If so, indicate the oti]er person's o~ company's name. ) NATURE OF APPLICATION: (Check all that apply. ) 'Fax Grievance Variance Change of zone Approval of plat Exemption from plat or' official map (If "Other," na[~te the activity.)'~' I)o you personally (or through your company, opouee, ~lblln.g, parent, or ~hfld) have a relationship with any ogfficer or employee of the Town of Soutbold? 'Relationship" includes by blood, marriage, or business interest. 'Business vhfch the tovn officer or employee has even a partial ownership of (or employment by) a corporation in wit[cb the town officer or employee o,ns more than 5~ of the shares. YES NO ~ If you aaswered "YES,". complete time balance of this form sad date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check tile appropriate lille A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all tllat apply), __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (wheu the applicant is a corporatiou); B) the legal or beneficial owner of any iuterest in a noncorporate eutity (when the applicant is not a corporatiou); __.C) an officer, disector, partner, o~ employee of the applicant ~ or __.D) the actual applicant. DESCRIPTION OF RELATIONSllIP QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a 'financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for ~ ~? or being sho%ra to prospective buyers? { } Yes No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~} No Dm 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? ~ ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~p (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? /~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-o%rner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ ~i ~'~,~ i~t~/~ and proposed use /~,y~ ~ ,/~ ~/~,,~/~{-- · 5~6rized Signature and Date 3/87, 10/901k JUN-!8-02 AUTHOI Z, ATION LETTE,R New York State Department of Environmental Conservation Building 40-SUNY stony Brook, New York 11790-2356 Att: Regulatory Permits OWNER: OKI-DO LTD. name: Dr. Kazuko Tateumura Hillyer address: 1 Lincoln Plaza, Apt. 24E New york, NY 10023 telephone number:212-799-9711 PROPERTY: 2835 Shipyard La:ne, East Marion SCTM#: 1000-38-07-7.1 Ph.D, President AGENT: address: telephonc Patricia C. Moore Esq. 51020 Main Road, Southol~ NY number: 63~-765-4330 11971 Dear Sir or Madar~; I Dr. Kazuko attorney, pa. tricia submissions to the othcr agency haying Tatsumura Billyer Ph.D authorize my C. Moore as my agent for ali. DEC, Sc,uthold Town Trustees, and any jurisdiction regardln~ the property. Very. truly D~~~sumur~k Hillyer Ph.D PROPERTY: OKI-DO LTD. SPECIAL EXCEPTION CRITERIA: LAW: PRESUMPTIVELY VALID...ALLOWS APPLICANT TO PUT HIS PROPERTY TO A USE WHICH THE ORDINANCE EXPRESSLY PERMITS....THE USE IS CONTEMPLATED BY THE ORDINANCE SUBJECT TO REASONABLE CONDITIONS TO MINIMIZE THE IMPACT ON THE SURROUNDING AREA 100-263 A. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF ADJACENT PROPERTIES OR OF PROPERTIES IN ADJACENT USE DISTRICTS: The premises is located on Shipyard Lane, East Marion, Town of Southold, County Tax Map #1000-038-07-7.1; The proposed Transient Motel will not prevent the ordinary and reasonable use of adjacent properties. The applicant wishes to develop a luxurious Holistic Health Center ( Spa ) where peace and tranquility are utmost importance. The design of the gardens and ponds are an Oriental Theme intended to provide privacy for the occupants of the Hotel and neighbors B. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF PERMITTED OR LEGALLY ESTABLISHED USES IN THE DISTRICT WHEREIN THE PROPOSED USE IS TO BE LOCATED OR ADJACENT USE DISTRICTS: The transient motel and restaurant are permitted uses, by special exception. Across from Shipyard Lane is a condominium development. Uses proposed are more desirable than commercial marine uses otherwise permitted in MII zoning. The design of the site plan is intended to minimize impact to adjacent residential development. Simultaneously with this application, the applicant has filed for site plan review and approval. C. THAT THE SAFETY, THE HEALTH, THE WELFARE, THE COMFORT, THE CONVENIENCE OR THE ORDER OF THE TOWN WILL NOT BE ADVERSELY AFFECTED BY THE PROPOSED USE AND ITS LOCATION The proposed resort motel will be an asset to the Town of Southold, there will be a need for motel space with the construction of the Breaknock Hall property, and the increased tourism created by the year round wineries, fall pumpkin season, and winter Christmas Tree sales. The expectations of vacationers in the Town of Southold are to stay in clean, convenient, and well cared for accommodations. D. THAT THE USE WILL BE IN HARMONY WITH AND PROMOTE THE GENERAL PURPOSES AND INTENT OF THIS CHAPTER The Marine II zoning permits development of the waterfront for recreational uses such as the proposed use. The subject property has been an eyesore in the community and underutilized for many years. The proposed project will rejuvenate this property, provide extensive gardens and attract visitors wishing to relax with a peaceful setting. E. THAT THE USE WILL BE COMPATIBLE WITH ITS SURROUNDINGS AND WITH THE CHARACTER OF THE NEIGHBORHOOD AND OF THE COMMUNITY IN GENERAL, PARTICULARLY WITH REGARD TO VISIBILITY, SCALE AND OVERALL APPEARANCE The existing buildings will be completely remodeled and the architectural design is being carefully studied by a Japanese architect. The gardens and ponds are being designed by specialist in the field, the applicant wishes to create Japanese gardens and ponds. F. THAT ALL PROPOSED STRUCTURES, EQUIPMENT AND MATERIAL SHALL BE READILY ACCESSIBLE FOR FIRE & POLICE PROTECTION The buildings are fire resistant material and could be reused with creative architecture. The reuse of the property will meet or exceed building code standards. The site plan provides for emergency and police protection. OKI-DO LTD. Holistic Health Institute At Cleaves Point East Marion, Town of Southold Hotel Restaurant-Health Center Full Environmental Assessment Form Prepared By: Coastal Environmental Corporation 42 Lewis Road East Quogue, New York 11942 Jeffrey L. Seeman, CEP REM Tel. 631-653-3399 E-mail jlscoast~,optonline.net Dam Pond East GARD Pt ORI PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional infonmation you believe will be needed to compJete F*ar~s 2 and 3. It is expected that comptation of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action OKI-DO LTD. Holistic Health Iastitute Location of Action (include Street Address, Municipality and County) SCTM # 1000-38-07-7.1 east side of Shipyard Lane, north of Gardinem Bay near Cleaves Point, East Marion,(Southold) Suffolk Count, New York Name of Applicent/Sponsor Dr. Kazuko Hillyer Address I Lincoln Plaza-Apt. 24E City t PO New York City State NY Zip Code 10023 Business Tetephone Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: Holistic health center consisting of 125 umts of transient hotel/motel ( 100 uaitssemi- detached and 25 in one building) for lodging, 171 parldng spaces, 200 seat restaurant, ornamental ponds, office space, perfomnce stage, swimming pool, tennis court, gathering hall, maintenance building, 1 -single family dwelling (manager's house), hot baths, ornamental gardens and dredgedboat basin. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Industrial [] Commercial ~1 Forest [~ Residential (suburban) ]Agriculture [] Other fo~mc~ oystc~ compm~¥/commcrciat fish r~ Rural (non-farm) 2. Total acreage of project area: 18-7115. acres. APPROXIMATE ACREAGE Meadow or Brush!and (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as Der Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, build!riga and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION +/- 14.7! acres 0 acres +/- 0.5 acres +/- 0.5 acres +/- L0 acres +/- 1.0 acres 1.5 acres ].$ acres +/- ! acres acres 3. What is predominant soil bJge(s) on project site7 a. Soil drainage: [] Well drained % of site [] Moderately well drained !00 % of site. ['']Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/~ acres (see I NYCRR 370). outcroppings on project site? N Yes ~ No 4~ Are there bedrock a. What is depth to bedrock +(- ~00 ~t (in feet) 5. Approximate percentage of proposed project site with slopes: [~O-10% 95% F-=]IO- 15% 5% r='~ 15% or greater 6. 8. What is the depth of the water table? 0-10 ~. (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~ Yes t O. Do hunting, fishing or shell fishing opportunities presently exist in the project area? % Is project substantiall~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? L] Yes ~ No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes r~No ~No J~J Yes r'"'l No Page 3 of 21 - 11. Does project site contain any species or plant or animal life that is identified as threatened or endangered? I~Yes [] No According to: ISite InsPection: J. Seeman, CEP Coastal Environmental Corp. Jun. 19, 2003- may have potential for piping plover none sighted. Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? []Yes r'~l No Describe: coastal sh0r~ii~isea~cl of e~isting bulkhead ........... 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? E~Yes [~]No f yes, explain]. 1 4. Does the present site include scenic views known to be important to the community? r~'lYes r~No vistas seaward of site to Oar~-mers Bay a~'~e-i~s~sl~-'~'~'~i~-s~i'~7t~w~-b-~xt~- 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: tidal wetalnds-littoral zone along beachtiont coastal shorn of Gardiners Bay b. Size (in acres): I+/- 0.5 Page 4 of 21 1 7. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If Y£S, will improvements be necessary to allow connection? 1 8. Is the site located Jn en agricultural district certified pursuant to Agriculture 304? []Yes [].o 1 9. Is the site located in or substantially contiguous to a Critical and 6 NYCRR 6172 [] Yes [] No r~No r~JYes r'"lNo and Markets Law, Article 25-AA, Section 303 and Environmental Area designated pursuant to Article 8 of the ECL, 20. Has the site ever been used for the disposal of solid or hazardees wastes? B. t. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). J==J Yes [] No a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: 18.?115 acres initially; c. Project acreage to remain undeveloped: 2 acres. d. Length of project, in miles: NA (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. NA % f. Number of off-street parking spaces existing 0; proposed 171 g. Maximum vehicular trips generated per hour: 12 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately 1 i. Dimensions (in feet) of largest proposed structure: 35 max height; j. Linear feet of frontage along a public thoroughfare project will occupy is? 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed [~] Yes ONo ON/A e. If yes, fcr what intended purpose is the site being reclaimed? hotel/motel/rest~ant/holistic heal~ ~enter 18.7115 acres. 16.7115 acres ultimately. Multiple Family Condominium 120 width; 192 t~. length. +/-927 tr. 1000 tons/cubic yards. b. Will topsoil be stockpiled for reclamation? [] Yes [] No c, Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 15.7115 acres. Page 5 of 21 5. Will any mature forest (over 1 O0 years old) or other locally-important vegetation be removed by this project? r-~-j Yes J~'INo 6. If single phase pro]oct: Anticipated period of construction: 18 months, (including demolition) 7. If multi-phased: 9. 10. Number of jobs eliminated by this project 0 1 1. Will project require relocation of any projects or facilities? [] Yes If yes, explain: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, (including demolition) c. Approximate completion date of final phase: __ month __ year. d. Is phase 1 functionally dependent on subsequent phases? ~ Yes r~ No Will blasting occur during construction? [] Yes [] No Number ofjods generated: during construction 45; after project is complete ]No 12. Is surface liquid waste disposal involved? ~ I Yes I"lNo a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 1 3. Is subsurface Ik]uld waste disposal involved? ~--~ Yes r~ No Type 14. Will surface area of an existing water body increase or decrease by proposal? E]Yes []No If yes, explain: 1 5. Is project or any portion of project located in a 1OO year flood plain? I~Yes 1 6, Will the project generate solid waste? r~l Yes [] No r""INo a. If yes, what is the amount per month? 0.4 tons b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name private carter ; location unknown d. Will any wastes not ge into a sewage disposal system or into a sanitary landfill? []Yes [~---']No Page 6 of 21 e. If yes, explain: recyclables-papcr, metals, plastics, etc. 17. Will the project involve the disposal of solid waste? [] Yes r~No a. If yes, what is the anticipated rate of disposal? 0,4 tons/month b. If yes, what is the anticipated site life? unk years. 18. Will project use herbicides or pesticides? r"'lYes r~No 19. Will project routinely produce odors (more than one hour per day)? r-]Yes []No 20. Will project produce operating noise exceeding the local ambient noise levels? r~Yes ~'~No 21. Will project result in an increase in energy use? [] Yes r~ No if yes, indicate type(s) fossil fuel, electric power, heating and cooling 22. If water supply is from wells, indicate pumping capacity __ gallons/minute. 23. ,oral anticipated water usage per day 18.000 gallons/day. 24. Does project involve Local, State or Federal funding? ~ Yes [] No If yes, explain: Page 7 of 21 25. Approvals Requi~ed: City, Town, Village Board J~] Yes [] No Type site pJan special pcmdt wetlands site plan special use pennit sanitary water supply NYSDEC tidal wetlands USACOE wetlands/dredging Submittal Date City, Town, Village Planning Board [] Yes r~No City, Town Zoning Board r--] Yes r'-J No City, County Health Depar[ment [] Yes r=~ No Other Local Agencies r-'lYes r-1 No Other Regional Agencies r'lYes ~ No State Agencies r~Yes E~] No Federal Agencies [] Yes [] No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes ~ No if Yes, indicate decision required: r'-'J zoning amendment [] Zoning variance [] New/revision of master plan ~ Site plan [] Special use permit ~ Resource management plan J~] Subdivision []Other Page 8 of 21 What is the zoning classification(s) of the site? What is the maximum potential development of the site if developed as permitted by the present zoning? 30 percent lot covergae What is the proposed zoning of the site? What is the maximum potential development of the site if developed as permitted by the proposed zoning? percent lot coverage 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? r~i Yes r"-iNo 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? single family residential, condominium, agriculture, open space-Gardiners Bay 8. Is the proposed action compatible with adjoining/surrounding land uses with a I/4 mile? 9, If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum Jot size proposed? r~Yes ~ No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? r~Yes r~No a. If yes, is existing capacity sufficient to handle projected demand? {polic~ and fire/EMS ]Yes [] No 12. Will the proposed action reseit in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. []Yes [[~] Yes [] No []No D. Informational Detai~s Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verifma~ I certify that the information provided above is tnJe to the best of my knowledge. ~ Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this Page 10 of 21 ELIZABETH A. NEVILLE 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 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 7, 2003 RE: Zoning Appeal No. 5397 Transmitted herewith is Zoning Appeals No. 5397 - Oki-Do, Ltd. - Zoning Board of Appeals application for special exception. Also included is a letter from Patricia Moore, applicant transactional disclosure form, ZBA questionnaire, authorization letter, Full environmental assessment form, and plot plan. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/02/03 Transaction(s): Application Fees Receipt~: 3813 Subtotal $400.00 Check#: 3813 Total Paid: $400.00 Name: Oki-do, Ltd Shipyard Lane East Marion, NY 11939 Clerk ID: LYNDAB Internal ID: 78231 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED JUN 2 4 2003 ZONING BOARD OF APPEALS June 24, 2003 BY HAND Southold Town Zoning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: OKI-DO LTD. Premises: near Cleaves Point, East Marion, New York SCTM # 1000-38-07-7.1 Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1 2 3 4 5 6 7 Seven Applications for Special Exception Seven Applicant Transactional Disclosure Forms Seven Questionnaires Seven Authorization letters Seven FEAF Seven Site Plan Prints My check payable to ~Town of If you need anything else, please Sour hold" ~,~) do not hesitate to contact me. Very ~_t~ yours, Patricia C. Moore PCM/mr Encls. 100-121. Use regulations. In the MII District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet cf land above mean high water, unless otherwise specified]: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) One (1) one-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. (2) Marinas for the docking, mooring and accommodation of recreational or commemial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats canting passengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (5) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (6) Mariculture or aquaculture operations or research and development. (7) Boat and marine engine repair and sales and display, yacht brokers or marine insurance brokers. (8) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (9) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals~ as hereinafter provided, subiect to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service~ drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2) Ferry terminals. (3) Transient hotels or motels~ subiect to the following conditions: (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by the proportion of the site utilized for such use and the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4~000) square feet of land with public water and sewer. (4) Fish processing plants. (5) Fish markets, which may include a combination of wholesale and retail sale of finfish and shellfish. (6) Museums with a nautical theme or art galleries. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural- Conservation District, and subject to the conditions of § 100-33 thereofiEN § 100-122. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full. EN Printed 1-7-04/Ik OFFICE OF BOARD OF APPEALS Southold Town Hall $3095 Main Road Southold, NY 11971 765-1809 tel. 765-9064 ZBA fax. REPLY FORM Dated: ~a,~. 7, ~Z_~O ~ ~ Your application is inoomplcte for ~be masons note~ ~low, 9-/ ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (~.) Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ~$~'o~ $.=ts of diagranGshowing the doors, number of stories, and average fleight (rrom" natural grade)>-/'.~r- ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for $25,000. Copies of all current deeds and tax bills of the parcels back to __ Other: ~bpq ~F' Kowalski, Linda From: Sent: To: Cc: Subject: Semon, Bruno Wednesday, July 16, 2003 12:28 PM Verity, Mike Richter, Jamie; L'Eplattenier, Victor; Standish, Lauren; Kowalski, Linda; Scopaz, Valerie; Harris, Peter 7/24/03 10:00 am meeting at the Town Hall for the project know as Oki-Do EMAIL update: PB informal meeting is scheduled to meet in a Conference Room or other available room at Town Hall on July 24, 2003. We have confirmed to PB office that ZBA Members are not available due to an all-day public hearing calendar commitment. Bruno said notes will be taken by PB staff person also. Thanks, Linda K. 7/16/03 Hi Mike, This is to confirm the meeting for Oki-Do on 7/24/03 at 10:00am in the Town Hall. The project is as follows: This site plan is for site build out as follows; new 25 unit hotel with 21,319 sq.ft., 100 units of a motel with 36,000 sq.ft., restaurant with 10,800 sq.ft., pump house with 283 sq.ft., managers house with 1,200 sq.ft., pyramid house with 576 sq.ff., maintenance bldg. with 3,125 sq.ft., hall bldg. with 8,245 sq.ft., two office bldgs. With 960 sq.ft., showers with 450 sq.ft., and tennis court with 8,825 sq.ft, on 18.7115 acres parcel in the Mil Zone(s) located at south east end of Shipyard Lane in East Marion. SCTM#(s) 1000-38.-7-7.1 We would appreciate attendance from all departments so this site plan can be coordinated properly. The meeting will be to address concerns and note comments. A site plan is available for review at the Planning Board Office. Please contact me if you have any questions. Thank You Bruno ELIZABETH A. NEVILLE 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 SOUTHOLD ' December 23, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing on January 6, 2004 at 5:15 p.m. at the Southold Town Hall in regard to the following Local Law, entitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary, Moratorium on the Processing~ Review oft and making Decisions on applications for Ma]or Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold". Certified copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: /A~ G/D ~ / / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVII.r,~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net ON DECEMBER 16, 2003: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2003, a Local Law entitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road, Southold, New York, on the 6th day of January at 5:20 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 2O04 A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To date this moratorium has been extended three times, first by six months and twice by 90 days. The current moratorium is set to expire in early February, 2003. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GEIS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GEIS was intended to take a "hard look" at the implications and potential impacts of the comprehensive implementation strategy, allow for review of mitigation and altematives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board on October 8, 2002. The moratorium planning team met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. The team completed a number of important tasks, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GEIS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GEIS; and · three public heatings on the Draft GEIS. The Town Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide significance and was considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board adopted a number of documents in conformance with SEQRA, including the following important steps: classification of the action as a Type I action; designation of the Town Board as lead agency; preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GEIS and setting of the public heating; · acceptance of a Draft GEIS; and · three public heatings on the Draft GEIS. Prior to the second extension of the moratorium the Town Board adopted a final scope, completed and accepted the Draft GEIS, scheduled and held public heatings on the Draft GEIS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GEIS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public hearings and kept the heating process open until July 15th in order to facilitate greater public review and comment. Following the second extension of the moratorium: a draft Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss this draft on September 4 and September 9, 2003. The text of the draft Final GEIS was revised to reflect the Town Board input. A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on September 9, 2003. The public review period on the FGEIS was expanded beyond the minimum 10 days required to the close of business on September 22, 2003. A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible courses of action. The Town Board voted to extend this moratorium by n/neW (90) days on October 21, 2003 effective upon filing with the Department of State. The Local Law extending the moratorium by n/neW (90) days was filed on November 17, 2003. The current moratorium is set to expire on February 14, 2004. Since the adoption of the last moratorium extension new Town Board members have been ~l~cted. These Town Board members take office on January 1, 2004. Time is needed for these Town Board members to be brought up to speed on the extensive planning and SEQRA work which has taken place to date. Active planning has been and continues to take place. Work is proceeding. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon. Meanwhile the Town continues to face significant development pressure. It is critical that the issues be grappled with in a comprehensive manner, crucial legislative decisions made and those decisions implemented. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation to implement the Town's comprehensive planning additional time is needed beyond the expiration of the ninety (90) day moratorium extension which expires on February 14, 2004. This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from February 11, 2004. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred and Eighty (180) Day period: 1) the Planning Board shall not accept for review, continue review, hold a heating or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review , hold a heating or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling mt(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a heating on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited fi:om reviewing, processing, holding hearings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) 2) 3) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106-13; Lot line applications; 4) 5) 6) 7) 8) new or pending applications for the subdivision of a parcel of property where interests or fights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Sonthold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Sonthold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Sonthold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code) , streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a two-family dwelling; a site plan application for a bed-and-breakfast; 9) a site plan application for an accessory apartment(s); Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with-the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supemede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold heatings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding heatings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold heatings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding heatings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon. applications for special exception use permits within specified time periods, this local law suspends and stays the nmning of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §A106-25, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public_hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on February 11, 2004 after filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk ;~ / JERILYN B. WOODHOUSE / Chair RICHARD CAGGIAN0 -. ¥~ WILLIAM J. CREMERS '~oARD OFFICE UTHOLD MA~ 2 4 200~ March 23, 2004 P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Site Plan for Oki-Do 2835 Shipyard Lane, East Marion SCTM# 1000-38.-7-7.1 Dear Mrs. Moore, The Planning Board (P.B.) reviewed the new revised site plan at the work session on March 22, 2004. The P.B. would like to thank you for the request to present this project at the March 29, 2004 work session. We must inform you that the project presentation is premature at this time. The P.B.request that you follow up with the Building Department for the Building Inspectors Determination before we schedule a formal work session with the architect and owner. The P.B. also request that the proper application be submitted to the Zoning Board of Appeals. When the above is satisfied we will schedule a meeting with the various departments to go over the project. Please be aware that the above referenced site plan is on the agenda for the Architectural Review Committee's March 30, 2004 meeting at 4:30pm. Please be prepared to present the proposed build out. If there are any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. CC:file 23 8317GS4S43 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Narch 23, 2004 5-%? VIA FACSIMILE Joshua Horton, Supervisor and Southold Town Board Town of Southold P.O. Box ].].79 Southold, NY 11971 Albert Krupski, President Southold Town Trustees P.O. Box 1179 Southold, NY 11971 Ruth Oliva, Chairwoman Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Michael Verity, Building Inspector Southold Town Building Department P.O. Box 1179 Southold, NY 11971 RE: GAIA Holistic Circle OWNER: OKI-DO, LTD. SCTM ~1000-38-07-7.1 Dear Ladies and Gentlemen: The Planning Board has advised me that it is premature to place the above matter on the March 29~n work session. I will advise you of the new work session date when scheduled. We are looking forward to working with you. PCM cc: ~i-Do, Ltd. Edward Butt, Architect Very truly yours, Patricia C. Moore JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR MEMORANDUM PLANNING BOARD OFFICE Date: March 23, 2004 TOWN OF SOUTHOLD P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 To: ?~om: Re: Agency Referral Request *Southold Town Zoning Board of Appeals *Southold Town Building Department *Southold Town Board *Southold Town Board of Trustees *Southold Town Engineer *Suffolk County Department of Health Services *NYSDEC - Stony Brook U.S. Army Corp of Engineers New York State Department of Transportation Suffolk County Water Authority *Suffolk County Planning Department Suffolk County Department of Public Works Bruno Semon, Senior Site Plan Reviewer~/~ Proposed Site Plan for Oki-Do 2835 Shipyard Lane, East Marion SCTM# 1000-38.-7-7.1 Dear Reviewer: Status: New Active Site Plan. Required Return Date: ASAP The above listed action and site plan is referred to your agency for review, comments, concerns, permits requirements and jurisdiction. This proposed site plan is for build out as follows;new 27 room SPA/hotel/restaurant with 40,468 sq.ft., center building with 4,341.5 sq.ft., 40 units of sleeping rooms in 9 buildings with 19,206 sq.ft.,36 unit sleeping rooms in 12 buildings with 25,808 sq.ft., managers residence with 2,900 sq.ft., caretakers residence with 1,450 sq.ft.,gate house with 1,060 sq.ft., pool house with 1,060 sq.ft., maintenance bldg. with 1,900 sq.ft.,mechanical equipment bldg. with 1,430 sq.ft., and pool on 18.7115 acres parcel in the Mil Zone located at approximately south east end of Shipyard Lane in East Marion. SCTM#(s) 1000-38.-7-7.1 Please respond on your agencies position of the above action. Thank you in advance. cc: File *Maps are enclosed for your reviewr f ~re La~ O~ice PATRICIA C. MOORE Attorney at Law 5'1020 Mai~ Road Southold. New York 11971 Tel: (631) 765-4330 Fax: (631) 7654643 March 23, 2004 6~854643 p.2 VIA FACSIMILE Joshua Horton Supervisor and Southold Town Board Town of Southold P.O. Box 1179 Southold, NY 11971 Albert Krupski, President Southold Town Trustees P.O. Box 1179 Southold, NY 11971 Ruth Oliva, Chairwoman Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Michael Verity, Building Inspector Southold Town Building Department P.O. Box 1179 Southold, NY 11971 RE: GAIA Holistic Circle OWNER: OKI-DO, LTD. SCTM #1000-38-07-7.1 Dear Ladies and Gentlemen: The Planning Board has advised me that it is premature to place the above matter on the March 29~n work session. I will advise you of the new work session date when scheduled. We are looking forward to working with you. Very truly yours, Patricia C. Moore Cc: ~D~i-Do, Ltd. Edward Butt, Architect March 17, 2004 Geri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 '['el: (631) 765-4330 Fax: (631) 765-4643 Re: GAIA Holistic Circle Owner: OKI-Do, Ltd SCTM#1000-38-07-7.1 Dear Chairwoman and Board: The above referenced site plma has been redesigned to incorporate previous comments from the building department, the number of motel units has been reduced to 108. My client intends to create a world renown spa. The following documents dated March 17, 2004 are herein submitted for the Board's review: Site plan with the location of all structures(C~l.0) Zoning & Building Data (C-2.0) Floor plan of Spa ground floor (A- 1. lA) Floor plan of Spa second floor (A-1.1 B) Center building ground floor (A-1.2A) Sleeping units ground floor plan (A-1.3A) Sleeping units second floor plan (A-1.3B) Spa exterior elevations (A-3.1 A) Center building exterior elevations (A-3.2A) Sleeping Units exterior elevations (A-3.3A) Engineered site plan will be submitted once the concept plans have been reviewed and approved by the ZBA (Special Exception) and Architectural Review Committee and Planning Board. This site plan has on this date been filed with the building department for review and a notice of disapproval in accordance witln the newly adopted procedures. My client would respectfully request that this project be placed on your March 29t~' work session. At that work session the architects and the owner wish to make a presentation to the Board. We would also invite the Trustees m~d ZBA members to attend this meeting. Thank you for your anticipated cooperation. Very truly yours, CC: Patricia C. Moore Ruth Oliva, Zoning Board Chairwoman--a/"' Michael Verity, Building Inspector A1 Krupski, Trustee President Oki-Do, Ltd. Edward Butt, Architect GROUND FLR PLAN · I q Aa-11. / / / / / 0 0 O 0 O O 0 0 0 0 0 0 / / / / / % \~\ /// %. / / / / / / / / / / / / / / . RIECE~VED JUN 2 i Z003 You'~g & Yo'~ng 11901 ~ITE DATA TOTAL A~A = 1~.'~115 = 125 5PA~E5 EN~INE5t~'50r=R, TIFI~,ATION HOLLISTIC, HEALTH INSITU ih OK.I-DO A~ Eom[ H~rlon, To~n of 5ou~holcl DuFPolk Goun[y, N~w York LAN~5(.,APE AND ALIG, NtEh'fEN' PLAN DR. AINA~E DEDI~.N GP,,ITEf~',IA ~ Ti~',IE~UTAR, Y AR',EA I GE5 I.I, 1.2 a I.D TP. IE, UTAt~.,Y AP, IEA II ~,E~ 2.1 Tt~.IE~UTAt~,Y AREA III '1'D#i ~ "i'D#2 tF~IE~UTA~¥ At~,EA IV GIB 5.1 T~.IBUTA~'.Y A~.EA V P~VIDED VOLUME / / O , / GALGULATION5 T~.II~UTA~-Y A~EA VI o¢, ¢. I / / / / / x / % / /\ / Tt~.IE~UTAP. Y AREA VII TRIt~UTAt~.¥ AREA VII 14¢,4~1 5,F, x 2/12 x I.O = 24/744 G.F. 0 X YZ / I / / "x' t x // \ II / \ I I · \ ii I / / / '"',/,/ / ,0¢ +2 Tt~.IBUTAt~.'¢ AREA VI 4bl~ 5.F. r Young & Young LE~,END THH 5ANITAt~',Y DESIGN GR. ITEt~,IA ~ GALGULATION5 5EPTIG TANK LEAGHIN~ POOL5 TEST HOLE DATA 2DOI EN~I NEEt~,'5 (.ERTIFIOATION DU~VEYr'O~'5 GEt~.TIFI GATION HOLLIETIC HEALTH INSITUTE OKI-DO LTD. At: Ecl,,f, Morion, To~n o~ 5ouLholcl Dui'Folk Gounf;q, Ne~ York eRADINe t DRAINA5E PLAN r J / 1 ! / /. ? / / ?'/,, / I \ \ \ \ / / / / / ~. / I / / I / // ii ~¢ %. x /' // ~ I I I I I /{ / / ? / / 4 I0 r Young & Young 51J E I~ATA TOT/kL AI~A = 1~'7115 ~F~5 t=N~I NBEt~,'5 G~,TII=IGATION 5UF~'~-YoI~'5 ¢..,I=t~,T I I= I C, ATI ON HOLLISTIC, HEALTH INSITUTE OK, I-O0 LTO. Morion, Town oP Dou~holcl Suffolk ¢ount~j, New York I=XSITIN~ ~,ONDITION5 I~AP I