HomeMy WebLinkAbout53054-Z ��a�sQ�rya TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 53054 Date: 06/09/2026
Permission is hereby granted to:
Silver Sands Hldgs I LLC
c/o Alexander Perros
Southold, NY 11971
To:
legalize an "as built"conversion of an existing single-family dwelling to a commercial kitchen as
applied for per Trustees,SCHD waste water and food services, Planning and ZBA approvals.
Additional certification maybe required.
Premises Located at:
1400 5ilvermere Rd, Greenport, NY 11944
5CTM#47.-2-15.1
Pursuant to application dated 01/05/2024 and approved by the Building Inspector.
To expire on 06/08/2028.
Contractors:
Required Inspections:
Fees:
As Built Commercial $1,647.00
CO Commercial $100.00
Total 1747.00
Uilding Inspector
TOWN OF SOUTHOLD--BUILDING DEPARTMENT
son
Town Hall Annex 54375 Main Road P. 0. Box 1179 Southold, NY 11971--0959
Telephone(631) 76.E--1802 Fax (631)765-9502httns,.,,//www.soij, o d;t
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APPLICATION FOR BUILDINMG PERMIT
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Date Received
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Pr Office Use Only
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PERMIT NO.
Building lnspectar,,_
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IN 5 20L--r
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an Building Department
Owner's Authorization form(Page 2)shall be completed. gown of Southold
Date:January,3, 2023
OWNER(S)OF PROPERTY:
Name:SILVER SANDS HOLDINGS I, LLC SCTM#1000-47-2-15
Project Address: 1135 SILVERMERE ROAD, GREENPORT, NY 11944
Phone#:917-318-0027 Email:ALEX @)S I LVE RSAN D MOTEL.COM
Mailing Address:1400 SILVERME:RE ROAD, GRE:ENPORT, NY 11944
CONTACT PERSON:
Name ALEXANDER PERROS
Mailing Address: 19215 SOUNDVIEW AVENUE
Phone#:917-318-0027 Email:ALEX @ S I LVERSAN DS MOTE L.COM
DESIGN PROFESSIONAL INFORMATION:
Name:N.J. MAZZAFERRO, P.E.
Mailing Address:Pp Box 57, G RE E N PO RT, NY 11944
Phone#:(516) 457-5596 Email:nickmazzaferro@verizon.net
CONTRACTOR INFORMATION:
i
Name:HIGHLAND PEAK GROUP, LLC
Mailing Address:19215 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971
Phone#:917-31 S-0027 Email:ALEX9SILVERSANDS-MOTEL.COM
DESCRIPTION OF PROPOSED CONSTRUCTION
O New Structure DAddition Alteration ❑Repair R Demolition Estimated Cost of Project:
R Other Convert cottage to commercial 1 prep kitchen and change bathroom to ADA $50,000
Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? MYes Fm-ONO
----------------
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�. Noverber
.Suffolk `ount ' Department of He lth'Sery es
Fax* (631)477-1877
MAYOR Re-.SILVER SANDS MOTEL INC
E. T 2.5 140,0 SILTS ERE ROAD,G .13ENPORT NY 11944
TAX MAP ID#
1000047000200011000
TRUSTEES
1 1ARY B'ESS PHILLIPS
The sanitary sewers, appurtenances, andsewage disposal facilities for the ab grey
-in entt��oned parcel have been inspected by the Greenport Sewer District and found to
)ULIA k0BINS be satisfactory.
VILLAGE f T cari be of any further assistance,,please contact me at 1 477-0 4
TREA.SURER,
E ,.
VIMAGE CLERK
# �- f'� L .,. ,y�.-�m�W krm.. u i�,10
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Adam Hubbard
Village of Greenport
Waste Water Treatment t lant
• Town Hall Annex
Glenn Goldsmith,President so
' � "N 54375 Route 25
A.Nicholas Krupski,Vice President
t
P.O.Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly C
one`hele h 631) 765-1892
P
Elizabeth Peeples � � '` Fax(631) 765-6641
" COUNTi�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICA'TE OF COMPLIANCE
#2314 C Date:- � �2 2 2
THIS CERTIFIES that the 7s � .aces,so: attached72 . ,
�� of �� t co a 4
shed,a e tin, seaward,si wood do tc
s eat went�ta_ir�asc t � a � V11� t L, �`d A. a0 1 2sq.ft,.... �
i o� d �. o o eat�o� � existing, ro an.e task t bee o -as-' o o de,
area with eao 4 � yst
��ao 2aod ce�_,C',o� s 2 43'2
Iota. a' wet a o d t� a n d'storr aoee: �' tal!a � ,6 0 w � to �
fine
a ae .......
t 25 yeas outdoor s"eats Yea costa a ate oea eeta�
�om,,� act s so ........... I n d 1 t e place a i atet 2,5 s .f * o sa fto god h lh a t
steep `vr*s cti o fine as shown, n, aot n Pan and c ed � �e - ce a XIII ate, °.R"SA6,
f grovoSed g awe seed;fresh,water wetland-20 5,7 s - tandlWard of the fees water wgtianids.establish
aod' e eto trio a �' ,os ore a acre ' . t d a sca.
d it on that
actor a ce with Pliant* ao c ed e . 2, L 3 4. 4 1,4. 5- with,the c
o t eriNon- i sturbance ea=off'of tag ate et a.od e cr as -to 30,feetl.
At 1135 She re rectj v,ortl
#0......mr—
Suffolk County Tax Map#1000-47-2-15
Conforms to the application for a Trustees Permit heretofore filed in this
office bated March 24,2023 pursuant to which Trustees Wetland permit#103 81
Dated May 17,2023,was issued and Amended on t er 2 23,and conforms to all of the
requirements and conditions of the applicable provisions of law. The project
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y Para�rtrdi s.F"'a Y_. iKUYi x;
OC F 1 5 2025
n IP1W
A^r 'W PM',WMNI; I
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for which this certificate is being issued is for the � „ �� �� soWith as-
b
d deck,- 'for the as-built 9,80M t,t'llt,qttach,,ed 72S I,.she and i,, tn,,&, 6q'7t2/.,s A seaward side'woo,
qo �e i1th,a extert'or basement
, q a w"g
30 1 2 .ft. rrc atio suipromid and .36,0sq.ft.pool com ment e!Lc�losu�re-�exis�tin�ro�,, ,ai�vta�pk�(tp b�(e,
sand bo.
w W,o, '2, coe co,urts a,t
10 L.ft. Wstalll
re,M,o.v 9*d,- as 11 easonal bar a,,Lqg..Ith,cagot)v(44-mc
12`06' (43-2sa.ft.ea/864.s,. ��dotal," ti'da],w,etianAjig-is,di,c,t,,ilona,I area/eround disturbance-., Total are,a::',
±16 11 a no!j,-ij�oess I ermanen't 265, sotial outdoot,sea"Up area late,,j,v 20
500s, ft.- sla, so ft sea n stat MMI
tinear feet,ofdral''n,1,11nefrom agy bunszjo dr rwelk ptge apPL-qxIm9gjy( '12 50,"s ,pfjs
an
., d,fo...................,n 'Planti'li,00ueadtoTrurIsd ction 1ne asshon w o Plan and.Schedule LL4-.-,1-5, -lace.
appro,xJ]"Matel:��1,55�0000,sm,-ft. f,. sced- fresh waterwettand:2LO,573 d.,of th landwar
fres,hAvater,wet'lands establjsh aid pgWe in 8's,q -
-a--..1,4'79 , ,.., .'N'on-,DIsturba,,,,,�n,ce Buffer area
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anting.gn,, lecordance w'lt,h,P'l,a,ntl",n,,g.,,'P,l�o,n,&Sqheduk,L4 12 L4 13 4,
,djandsc, IC ia—,
the coredik"I"on that,the sppthgLl I i-, D istur,bance,ar,ea,,off of the fresh water wet land be it c ea ed to 3 0
,_ y1i No, , '
feet.
The certificate is issued to SILVER SANDS HIIIOLDING'S'L LLC owners of the aforesaid property.
Authorized Signature
N
• J. P.E.
PO Box 57, Greenport,N.Y. 11944
Phone - 516-457-5596
Consulting Engineer
December 23, 2025 "si & Construction Ins)ectio�n
Town of Southold-Building Department
53095 Main Road
Southold NY 11971
Re: Commercial Kitchen at Silver Sands
1400 Silverm.ere.Road.
Greenport,N.Y. 11944
District-1000, Section-47,Block-02, Lot-15
Inspection—Insulation
On December 17, 2025, I verified the Insulation installed at the noted location. The
verification covered the exterior walls and the roof. This work was part of the interior
alteration.
1 --Walls—Insulation installed into existing walls cavity. The first-floor wall insulation
Rated R.-13, the second-floor wall insulation rated:R.-15. The insulation provided
complies with the applicable code for existing buildings, filling the cavity 100%.
2--Roof—Insulation installed into existing roof structure. The roof insulation rated R.-3 8.
The insulation provided was done in compliance with the applicable sections of the code
for existing buildings, filling the cavity to 100%.
Result- The insulation installation as verified by inspection on 12-17-25 is compliant
with all applicable codes and conforms with the design. specifications.
The insulation for this interior alteration will be installed per the design plan. It will be in
compliance with C501.7 of the NYS Energy Code (ASHRAE 90.1 -2016) for Existing
Buildings.
Nicholas J. Mazzaferro,P.L.
F
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H PERMITS TO OPERATE A FOOD ESTABLISHMENT AND
t PERMIT FEE PAYMENTS ARE NOT TRANSFERABLE.
0 C T 5 20')F� vow Notify the Bureau of Public Health Protection of any change of
ownership,type of business activity,business name,or billing
adi.lress by caIlong 631- '- " 9.p'ermils beco va,(d up0l
change of orviner vp,New o ners� iust apply and.P 'for,
a w
� l`�i" perailil prior t beginning ing opera lion,Operating o thou I a
w X9 pennw it may subler:l you to leg tr',e 6ng,rines
and possible suspension of the operating permit,
NFN SILVER SANDS LLC
SILVER SANDS
1400 SILVERMERE RD
GREENPORT,NY 11944
DETACH PERMIT HERE AND DISPLAY PROMINENTLY TO THE PUBLIC
Suffolk County Department of Health Services
360'Ya p1.h a ntf 1�1 T O k.Ai►,►1r�e►n u e Suite
Vu i t+e 2A
FM"&;M A P x�AJNE C.R1 G.SCT�-w Pw,,U rT UO�K0��1w i t 1 1 rc� R
St1FTOLKC.CUNrN LXE�CVTrt C SC q
631-85 -5999
, 'y ,NTN www.cuff`olkcountyny.govthealth
PERMIT
Facility ID: FA001176+6
Printed: 6/4/2025
TO OPERATE ATE A► FOOD ESTABLISHMENT
SILVER SANDS
1400 SILVER MERE IUD
ICEEICIP RT,NY 11944
OWNER DAME:HFH SILVER SANDS LL '
Restaurant Seats=127 Permit ICI Number: FSP-2 -0012225 Mechanical Dishwasher Required
Exterior Seats 4 Specially S eciall Restricted-
See Master File
=
Catering Seats=d
Bar seats=Q Valid From 9/6/2024 To / 0/2025
Total Seats=127
This permit will expire upon the date specified or upon a change of ownership.
This pen'n(t is NOT transferrable and is granted subject to compliance with the provisions of Article 13 of the Suffolk County Sanitary Code and all applicable stale,local,and
municipal laws,ordinances,codes,rules,and regulations.
THIS PERMIT MUST BE PROMINENTLY ENTL."Y DISPLAYED TO THE PUBLIC
BOARD MEMBERS Southold Town Hall
Leslie Banes Weisman, Chairperson 53095 Mann Road •P.O. Box 1179
Southold,NY 11971-0959
Patricia Acarnpora Office Location:
Eric Mantes„ Town Annex/First Floor,
Robert Lehnert,Jr. �` 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
http://southoldtov,rnny.gov
ZONING BOARD OF APPEALS .
TOWN OF SOUTHOLD
Tel. (631)765-1809 ,. .
Y
V .,0-
FINDINGS,DELIBERATIONS AND
2 D 20?A
MEETING OF B CEMEE R 19 2024
2 BA FILE No.: SE 7914 & 7893SE uth o!d Town Clerk
NAME OF APPLICANT: Silver Sands 111olffi ngs I LLC i
PROPERTY LOCATION: 113 5 Silvernmere Road, Greenport,NY
S CTM No. 1000-47-02-15
RA
OWN; The Southold Town Planning Board as Lead Agency, at the
conclusion of their coordinated review, on May 6,2024 classified the proposed Action for Special
Exception Approval and Site Plan Approval, as Type II, pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality Review Act)of the Environmental
Conservation Law, and further determined that the Action having a Negative Declaration will not
have a significant adverse impact on the environment.
SUF
ECwL S`T ,: 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 January 25,2024 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 TION: This application was referred for review under Chapter 268,
Waterfront Consistency review of the Town of Southold Town Code and the Local waterfront
Revitalization Program (L ) Policy Standards, The LWRP Coordinator issued a
recommendation dated November 4, 2024. Based upon the information provided, on the LwRP
onsisteney Assessment Form submitted to this department, as well as the records available, it is
recommended that the proposed action is INCONSISTENT with LwRP policy standards and
therefore is INCONSISTENT with the LwRP. However, the structure(s) which are the subject of
this application are existing. The structure(s)are'in Flood zone x with a low to moderate flood risk
(.2 percent annual chance). The proposed scope of work is for interior alterations and a change of
use.Therefore,the Board of Appeals now finds that the applications for Special Exception requests
to change the uses of the as built structures on the subject parcel from a"boathouse with dwelling"
to a free-standing restaurant and commercial kitchen,along with the conditions of approval imposed
herein, now finds the proposed actions to be CONSISTENT with the LV RP.
PROPERTY-FACISMES—CRIUJ The subject property, Tax lot# 15 is a confor
ming 88,340
square foot waterfront property located in the Resort,Residential,(RR) onin district"., 'The
property
runs 182.41 feet along Pipes Cove-on the South, side., The propertyruns 681.92 'feet on the West
side 123.77 feet on the North side, and 601.50 feet on the East side,., T, e property,is ac sse via a
Page 2,December 19,2024
#7893Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
Fight of way from Silvermere Road running across tax map lot 14. The property is improved with
two frame buildings, two wood decks, an awning over wood deck, a swimming pool, two bocce
courts,and a wood bulkhead. All is show on a Survey by Young and Young L.L.S.dated December
14 2022 and last updated January 10,2024.
In addition to the Subject lot the entire Silver Sands Hotel complex includes eight independent lots.
The entire Silver Sands Hotel complex is located in the Resort Residential(RR)zoning district. The
complex measures 265,207 square feet. Tax map lots 11; 12; 13; 14; and 15 are on the West side
and South side of Silvermere Road. The West side of the complex runs 615.69 feet along Pipes
Cove. The complex runs 681.92 feet on the West side. The complex runs 182 feet on the North side
to Silvermere Road. The complex then turns South running 205.40 feet on the East side before
turning East and running 86.92 feet on the Northeast side. The complex then turns East and runs
189.49 feet on the North side. The complex again turns South and runs 218.88 feet on the East side
bordering the Silveremere Road End parking lot. Another part of the complex,tax map lots 8;9;and
10 are on the North and East side of Silveremere Road, Tax map lots 8; 9; and 10 are a combined
parcel which runs 98.13 feet along Silvermere Road on the West side, 40.84 feet on the Southwest
side,and 167.76 feet on the South Side. The property runs 174.98 feet on the North side,and 121.09
feet on the East side. The North complex is improved. Tax map lots 8;9;and 10 are improved with
a frame building. Tax map lot 10 is used for parking. Tax map lot 11 is improved with a frame
building with a wood deck and a concrete sea wall. Tax map lot 12 is improved with a frame building,
a wood bulkhead,and concrete sea wall. Tax map lot 13 is improved with three frame buildings and
a concrete sea wall. Tax map lot 14 is improved with eight frame buildings, a frame garage, and a
concrete sea wall. Tax map lot 15 is improved with two frame buildings,a wood deck, an awning
over wood deck,two bocce ball courts, a swimming pool, and a wood bulkhead. Tax map lots 14
and 15 are accessed by a right of way across lot 13 which borders Silvermere Road. All is show on
a Survey by Young and Young L.L.S. dated December 14 2022 and last updated January 10,2024.
'BASIS L ATJQN� ': Request for special exception pursuant to Article VII, Section 280-
35B(6) and Article VII, Section 280-35C(1); applicant requests; in ZBA file No. 7893 SE to 1) to
convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized in
conjunction with converted restaurant on the same lot (Lot 15), and; 2) upon conversion, said
commercial kitchen will be accessory to the principle use of the converted restaurant; and the
applicant requests in ZBA file No. 7914 SE to 1)to convert an existing accessory boathouse to a
freestanding restaurant with office and storage space, for restaurant operations; and(2)permission
for an accessory seasonal outdoor barbeque/bar area all located at 1135 Silvermere Road, Southold,
NY. SCTM 1000-47-2-15.
PROPOSED USE: The applicant proposes to develop a code conforming free standing restaurant
on the property. The restaurant will consist of a kitchen in the Eastern building on the property, a
dining room in the Western building on the property, an outdoor bar and dining area, and a pizza
truck. The applicant is not building any new buildings on this property. The applicant testified that
Suffolk County Department of Health will allow a dining room to be in a separate building from the
kitchen if there is a canopy/awning system connecting them.
I It
ADI?,.1TIONAL INFO ATION:A,neighbor came to the hearing and testified that he did not have
any objections to the restaurant but that he did not want any of the kitchen venting to be located on
the non-conforming, Western, side of the boat house building. Further, the applicant testified that
there is'a pizza truck on the property which serves pizza during the summer months. A neighbor
testified that the venting of the pizza truck is an issue and that an odor carries over onto his
neighboring property.
Wage 3,December 19,2024
#7893Ừ,Silver Sands Holdings--Special Exceptions
SCTM No. 1000-47-2-15
1TI NI A DI]MFORMA110M.,The subject boat house and dwelling(on tax lot
15) is part of a larger complex. The Silver Sands property consists of nearly 45 acres across 12 lots
situated south of Rt.25 on both sides of Silvermere Road. Inclusive in the 45 acres is an 18 acre salt
marsh and a 15 acre riparian lot in Pipes Wove which is currently being utilized as an oyster farm.
The original motel with diner/restaurant on lot 11 served as the focal point for the larger Silver Sands
resort which was first established in 1957. In addition to the motel and riparian parcels the Silver
Sands resort consists ofthe Silvermere bungalows,which are I 1 free standing bungalow hotel rooms.
In total between the hotel and diner on lot 11,the Silvermere bungalows are on lot 12,lot 13,and lot
14. Lot 11,Lot 12,Lot 13,and Lot 14 combined add up to 3.59 acres of land. Additionally,tot 15,
the subject lot measures 2.125 acres of land consists of a dwelling and boathouse
ADLDITIONAL,A P„ ANS,:, In addition to the subject requests for Special Exceptions, the
applicant has applied for ZBA application#7894 for variance relief for a non-conforming side yard
setback of the as built"boathouse" proposed to be converted to a dining room. The applicant has
also applied for ZBA# 7897 requesting the Zoning Board of Appeals rescind building department
conditions that limit the use of the Diner and bar area of the hotel restaurant on tax map lot 11 to
hotel guests only. Further, in ZBA# 7915 the applicant applied for approval to allow an existing
swimming pool located on lot m 15 to be utilized as an accessory use for motel and cottage overnight
guests on lots 11, 12, 133,and 14. This application was withdrawn by the applicant.
WRITTEN SUBMISSIONS:Numerous neighbors and community members signed and submitted a
pre-printed letter of support for the applicant. Several of the neighbors attended the public hearing
and generally spoke in support of the applications, and testified that their relationship with the
applicant is cordial.One nearby neighbor sent in a letter of objection based upon loud noise intrusion
caused by a wedding party that was held n the,Silver Sands property.
T VILLAGE RE S o: ln,a letter dated June 3,2024 Greenport
Village requested that any approval be subject to Greenport Village's approval because Silver Sands
complex uses Greenport Village's sewer system. In response the applicant testified that he had paid
to upgrade the village ofGrreenport's sewage pump at his own cost and expense,submitted testimony
from a licensed engineer,submitted capacity documents from the Village of Greenport's technicians,
and submitted engineering documents stating that there will not be a material change to the complex's
sewage treatment needs. The ZBA and Town of Southold does not regulate sewage treatment. Any
approval shall be conditioned on the applicant's compliance with the Suffolk County Department of
Health(the regulatory body for Southold Town's sanitary waste)approval.
TOWN OF S D THOU 'L At the hearing on November 7,2024,the
applicant testified that while tax map lot 15 is the subject of the Special Exception applications and
request for variance relief the Planning Board is taking a holistic approach to the site plan approval
and looking at the entire complex and its various legally separate properties.
In a memorandum dated November 4, 2024 to the Zoning Board of Appeals, the Southold Town
Planning Board stated that"they are not opposed to a restaurant use and detached kitchen by Special
Exception in this location-the current owners have clearly invested meaningful resources in
upgrading and enhancing an existing Resort Residential site-but the Board has concerns regarding
the number of potential patrons/occupants, emergency access/service, and deficient parking to
support the layout of the site, it is difficult to provide typical mitigation measures such as vegetated
buffers and distance."
The Planning Board further states that there are mitigations that can soften the impact of the proposed
restaurant including but not limited to decreasing the total number of seats to meet parking totals,
meet the requirements for emergency access and prohibit the use of the Town RO'Vt1'and road end
nr
Page 4,December 19,2024
#7893Ừ,Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
beach parking for patrons,guests,and employee parking,increase parking and screening to the extent
feasible from the neighboring R-40 parcels, prohibiting outdoor music and ensuring that exterior
lighting meets town lighting code(chapter 172).
The Planning Board further states that"with mitigation,the project can be found consistent with the
Southold Town Comprehensive Plan. The Vision statement of the plan states that community
character must be maintained while also maintaining a vibrant local economy (paraphrased). This
proposal does contribute to the local economy,however maintaining community character,and with
it,quality of life,will require mitigating the future intensity and possible impact to the neighbors."
Goal 1 of the Economic Development Chapter states that existing local businesses should be helped
to grow; while Goal 2 provides the need for balance in that growth to protect the community
character. This is an existing local business that has and will continue to invest in the local economy.
At the same time,growth of this business must be tempered by some limits to ensure the community
character of the neighborhood is not adversely affected.
IFMIND...%Q�,OF FACT/' AONS,FOR BOAM ACTION
The Zoning Board of Appeals held public hearings on this application on May 2,2024,and
November 7,2024 at which time written and oral evidence were presented. This subject
application and related ZBA Silver Sands applications were all adjourned to the ZBA Special
Meeting on December 19,2024 at which time they were closed.
Based upon all testimony,documentation,personal inspection of the property and surrounding
neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
The Board has reviewed the General Standards governing Special Exception uses set forth in Section
280-142 and finds:
A. That the use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts. The free-standing Restaurant is permitted by code. The
boat house building is placed to block the outdoor dining area from the neighbor's view.
The commercial kitchen is in the center of the property and not located near the property
line. The Silver Sands motel complex has existed in this location for many years and adding
this code conforming amenity conforms to code and is in line with Southold Town's
Comprehensive Plan.
B. That the use will not prevent the orderly and reasonable use of permitted or legally
established uses in the district wherein the requested use is located or of permitted or
legally established uses in adjacent use districts. The property is zoned RR. The existing
boathouse and dwelling have historically been used as part of the Silver Sands Resort
Complex. The nearby residential zone will be protected from any possible adverse impacts
by the conditions imposed herein proposed restaurant will be in addition to the already
established restaurant use that is on tax map parcel 11 in the motel.
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. There are no
residential buildings on the part of Silvermere Road leading to the public parking lot in the
Silver Sands resort complex. The applicant must obtain site plan approval from the Town
of Southold Planning Board which can further mitigate possible adverse impacts and Health
Department approval is also required. can mitigate the effects of the restaurant on the
neighbors by installing a solid fence on the property line.
Page 5,December 19,2024
#7893Ừ,Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
D. That the use will be in harmony with and promote the general purposes and intent of
this chapter. The applicant testified that the proposed re-development of the Silver Sands
Resort complex is.in line with the most current version of the Town of Southold's
Comprehensive Plan. The proposed free-standing restaurant is part of the larger Silver
Sands Resort Complex. Merging tax map lots 11; 12; 13; 14;and 15,as conditioned
herein,will mitigate the non-conformity of some of the proposed development and"as-
built"development which does not conform to current zoning code,thereby bringing the
entire resort complex closer to conformity with the code.
I
E. That the use will be compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly about visibility, scale and
overall appearance. The applicant proposes to maintain the existing exterior of the two
existing buildings on the property and use their architecture as part of the design of the
restaurant. The applicant is expanding the on-site parking available on the premises which
will keep the motel and restaurant guest's cars off the street.
F. That all proposed structures,equipment, and material shall be readily accessible for fire
and police protection.
G. That the proposal shall comply with the requirements of Chapter 236, Stormwater
Management. e
In making such determination,consideration was also given to:
A. The character ofthe existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such.permitted uses.
B. The conservation of property values and the encouragement of the most appropriate uses of
land. The re-development of the Resort Complex will improve the property values in this
neighborhood.
C. The effect that the location of the proposed use and the location that entrances and exits may
have upon the creation or undue increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety. This application is determined to by an
unlisted action by the Southold Town Planning board under SEQRA standards.
D. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use. The subject
property is serviced by SCWA water and is connected to the Village of Greenport Sewer
district and must obtain all required Department of Health approvals.
E. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases,odors,smoke or soot. The conditions of approval ofthis application require
that the applicant keeps the kitchen venting away from the neighboring residential properties
and the prohibition of any food trucks on the premises will remove the possibility of the
additional emissions of smoke and smells that are currently caused by the presence of a pizza
truck on the premises and the applicant has not been able to vent it away from the
neighboring property.
F. Whether the use will cause disturbing emissions of electrical discharges,dust,light,vibration
or noise. Planning Board will require the restaurant to use dark sky compliant lighting as
well as mitigation measures to screen the property from residential neighbors.
G. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The proposed use should enhance
Page 6,December 19,2024
#7893Ừ,Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
the enjoyment of the use of the Jurzenia park located at the end of Silvermere Road. Jurzenia
park does not have a public bathroom or any eating facilities. With the proposed restaurant,
park goers,will now have a place to dine,or purchase take out. Parking at the park is limited
to Town of Southold parking permit holders.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and can
be fumished by the owner of the plot sought to be used within or adjacent to the plot wherein
the use shall be located. The applicant shall submit a parking plan which shall be approved
by the Southold Town Planning Board.
I. Whether a hated to life, limb or property because of fire, flood, erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by the
inaccessibility of the property or structures thereon for the convenient entry and operation of
fire and other emergency apparatus or by the undue concentration or assemblage of persons
upon such plot.
I Whether the use or the structures to be used therefore will cause an overcrowding of land or
undue concentration of population. The applicant has the land required for this use in the
zoning code's bulk schedule. The applicant is not proposing to maximize permitted lot
coverage. The applicant is proposing to re-use existing structures on the parcel without any
new construction.
K. Whether the plot area is sufficient appropriate,and adequate for the use and the reasonably
anticipated operation and expansion thereof. The subject property is a code conforming
2.125 acres in size.
L. Whether the use to be operated is unreasonably near to a church,school,theater,recreational
area or other place of public assembly. The subject property is not near a church school, or
theater. It is near Jurzenia park and the proposed use will enhance the people's enjoyment
of the park.
M. Whether the site of the proposed use is particularly suitable for such use. The site is in an
RR zoning district which is part of a Resort Complex at a road end. It is appropriate for this
use.
N. Whether adequate buffer yards and screening can-and will be provided to,protect adjacent
'Properties and land uses Irorn possible detrimental impacts of the proposed use. The
applicant shall receive site p lan approval and approval of'mitigati I on measures ftom the
Southold Town Planning Board and,must comply with the conditions of approvalImposed
herein.
O. Whether adequate provision can and will be made for the collection and disposal of
stormwater, runoff, sewage, refim and, other, liquid, solid or gaseous waste whilich 'the
proposed use will generate. The app licant shall submit a stomn, water runoff,,'plan as approved
by the Southold Town, Planning Board and/or Town Engineer.
P. Whether 'the, natural characterisfics of'the, site are such that the proposed use may be
introduced there without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on and
off the site. The applicant is proposing to re-purpose existing structures. There are no new
structures being proposed;just renovations and re-purposing of existing buildings.
Q. The issuance of a Special Exception permit,as applied for in this application, is also subject
to the following specific criteria and requirements which have been met pursuant to Section
280-35(B)6 of the Town Code: which permit the use of a freestanding restaurant.
R. The character of the existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such permitted uses.
S. The conservation of property values and the encouragement of the most appropriate uses of
land.
Page 7,December 19,2024
#7893Ừ,Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
T. The effect that the location of the proposed use and the location that entrances and exits may
have,upon the,,creation, or undue *increase of vehni"'culartraffitc, congestion on, publicstrBets,
hi 11 0
ghway's,ors'dewalks to assurethe public safety, th
U. The availability of adequate and proper public or private water,supply and,faci lities for e'A'
treatment, removal or discharge of sewage,,,,refuse or, other,effluent(whether liquid, solid,
gaseous or otherwise),that,may,be caused or created,by or as a result of the use.
V. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases,odors,smoke or soot.
W. Whether the use will cause disturbing emissions of electrical discharges,dust light,vibration
or noise.
X. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The applicant shall maintain on-
site parking as required by the Southold Town planning board.
BO
I 'i'RESOLUTI O&M,- In considering all of the above factors, motion was offered by Member
Weisman 0(C hairperson),seconded by Member Dantes,and duly carried to
GRANT the Special Exception applications as applied for,
SUBJECT IQ TflE..F0LLQW.RLG CONDff� S:
1. The applicant shall submit a revised signed and sealed site plan prepared by a licensed
professional depicting the removal of the in-ground swimming pool currently located on lot
#15.
2. The applicant shall obtain site plan approval from the Planning Board within two years of
this decision, which will include a determination by that Board of the total number of
I "tted indoor and outdoor seats in 'the proposed free-standing restaurant, known as
permi * 1,
11, 71 d deck dinin tructure.also on lot
Eddle s,on lot 15,the smonal outdoor over woo g s
15 known as Eddie's Oyster Bar, and the diner,, no as,Nookie's, located in the motel
building on lot 11. Failure to obtain site plan approval will render this Special Exception
Permit null and void.
3. All parking and seating that is within 15 feet of a neighboring residential property shall be
screened with a substantial wall, fence, or hedge or buffered"as approved by the Southold
Town Planning Board.
4. All employee and guest parking must be on-site as finalized by site plan approval from the
Planning Board.
5. No further expansion/enlargement of the proposed free-standing restaurant/dining room
(Eddie's),related co mtrnerciial kitchen,or motel ner,(Nookie's)"is,permitted,.
6. The applicant,,sh—all,merge the properties ontax,ma lots, I 1,,- 1,113 1 14-and, 15. The merger
P 0
shall be approved by the Southold Town Planning Board, and, any approval as may be
A 0 is,I W,
o
ear of th,i f s,dec tln.,
requiredby Suff,611kCounty wi N,in,one,y
d
7. The m,septic syste an sewer connection on the subject property must,be app roved by the
Suffolk County Deent of Health Servi
partm ces
S. The applIcant shall submit architectural ,phens to, the,, Z,,BA showing", ,all, kitchen,,, ba d,
mechanlical exliaust fans venting on the East side of the building or the Eastern side of the
Roof. The subject building shall not vent any mechanical equipment off the West side of
the building.The applicant shall not place AC condensers or any mechanical equipment on
the Western side of the building. d all food trucks
9. The food truck(Pizza truck) on the subject premises must be removed an
are prohibited on all lots in the Silver Sands complex.
Page 8,December 19,2024
#7893Ừ,Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
10. The applicant shall be limited to four(4)special events per year on the Silver Sands property,
as proposed by the applicant. The applicant must apply for and obtain approval for a Special
Event Permit from the Town of Southold Town Board for each of the four permitted special
events.
11. No outdoor music is permitted on the premises
12. No busses or limousines are permitted on the entire premises, other than shuttle service
provided by the Silver Sands business operation for overnight guests staying at the motel
and bungalows
13. The Special Exception Permit granted herein involves a change in occupancy or a change in
use or a change within a classification of the occupancy. Therefore, as a condition of
approval, the applicant must contact the Building Department to make the determination
whether or not a Building Permit is required and that changes will be NYS Code compliant.
14. This Special Exception Permit requires an operating permit and inspection by a Building
Inspector from the Building Department that must be renewed annually.It is tpuplicant's
responsib.1 ,to contact the Building Department on an annual basis to schedule the required
inspe on.Failure to do so may require a public hearing before the Zoning Board of Appeals
to review potential action to revoke the Special Exception Permit granted herein.
15. This Special Exception permit requires that the applicant complete construction on the dining
room and kitchen in order to begin the approved special exception use in compliance with
the conditions imposed by the Zoning Board of Appeals within three years.
16. In accordance with the Zoning Board of Appeals, approval shall thereafter be deemed a
lawful use as if the same were permitted by this chapter without need for a special exception
permit;provided,however,that:
a. All conditions imposed by the special exception approval shall continue to apply unless
they,by their express terms,are of limited duration;
b. All conditions imposed on special exception approval uses generally or specifically by
this chapter shall continue to apply, regardless of whether any such conditions were
expressly incorporated into the special exception approval;
c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same;
d. The duration of a special exception use may be limited to a specified time period as set
forth in the approval of the Zoning Board of Appeals.If the approval is silent as to the
duration of the special exception use,then said use shall be in perpetuity;
e. A special exception use which has been discontinued for a period of one year or more
shall be deemed abandoned.
That the above conditions be written into the Building Inspector's Certificate, of Occupancy, when
issue&
NOTE.- Violations of,Condlflons: A violation of any limitation or condition of a special exception
approval or of any provision of this chapter applicable to a special exception use shall constitute
a violation o this chapter. The Zoning Board of`Appeals shall retainjurisdidtion and shall have
)f
the right, after a public hearing, to modify, suspend or revoke such approval or any term or
condition thereof or to impose thereon one or more new conditions,pursuant to Article AXY,
Section 280-141 of the Town Code.
Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento,and Lehnert.
(3-0) �er Acampora.Absent,Member Planamento Recused)
fl—*�, e des eism—an,Chairperson
Approved for filing 12024
m MAILING ADDRESS.
PLANNING BOARD MEMBERS « ; .t` P.O. Box 1179
JAMS H.RICH IIIm ` Southold, NY 11971
Chairman
OFFICE LOCATION:
all
MIA JEALOUS-DA 1� ��� Town Hall Annex
PIERCE RAFFER71Y 54375 State Route 25
MARTIN H.SIDO (cor. Main Rd. &Youngs Ave.)
DONALD T. ILCENS �
" °�"� Southold, NY
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF S OUTH O LD
June 24, 2025
Alexander Perros
19215 Soundview Avenue
Southold, NY 11971
Re: Site Plan Approval with Conditions & Approval of Parcels Merged
Silver Sands Motel Restaurant
1135 Silvermere Road, Greenport
SCTM#1000-47.-2-15.1 (previously SCTM#1000-47.--2-11, 12, 13, 14, '15)
Dear Mr. Perron
The following resolutions were adopted at a meeting of the Southold Town Planning Board
on June 23, 2025:
WHEREAS, this Site Plan is for the proposed conversion of an existing accessory storage
building (boathouse) to a restaurant, including an office and storage space for restaurant
operations, and the conversion of an existing single-family dwelling to a commercial
kitchen for the restaurant, with 01 indoor/outdoor seats, and 19 parking stalls provided the
restaurant use on 2.1 acres in the Resort Residential (RR) Zoning District; and
WHEREAS, on January 25, 2024, Alexander Perros, owner, submitted site plans,
information and materials for a Site Plan review; and
WHEREAS, on February 5, 2024, the Planning Board found the application incomplete for
review, requiring the submission of corrected site plans and additional necessary
information for review; and
WHEREAS on February 7, 2024, Alexander Perros, owner, submitted radius plans as
required, for Site Plan review; and
WHEREAS on March 5, 2024, Alexander Perros, owner, submitted information and
materials for Site Plan review; and
24, 20,25
Silver Sands Motel Restaqrant Page 2 Jun e
WHEREAS, on March 18, 2024, Alexander Perros, owner, submitted revised site plans for
Site Plan review; and
WHEREAS, on March 25, 2024, the Planning Board accepted the site plan application as
complete for review; and
WHEREAS, on May 6, 2024, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the
proposed action is a Type 11 Action as it falls w"Ithin the follow'ing descriptionfoir 6 N'Y,C R,R,
Part 617.5(c)(1 8) reuse of a, residential or cornmercial st'ruicture, or of a structure
containing mixed residential and commercial Uses, where the resildient"al or commercial
use is a perrnitted use under the applicable zoning law or ordinance, including permitted by
special-use permit, and the action does not meet or exceed any of the thresholds in
section 617.4 of this Part"; and
WHEREAS, on May 23, 2024, the Southold Town Planning Board, pursuant to Southold
Town Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS,11 on,. �May 28 2024, Southold Town Code Enforcement submitted
correspondence that although, the applicant was in courI addressing Town; Code violations,
those,violations would possibly, be corrected in the site plain process, and was therefore
okay to proceed with the site plan review process; and
WHEREAS, on May 29, 2024, the Southold Town Fire Marshal determined certain
revisions were required to provide adequate fire protection and emergency access for the
site; and
WHEREAS, on May 31, 2024, the Southold Town Engineer reviewed the proposed
application and determined revisions were required in order for the site plan to meet the
minimum reqUiremtints of Chapter 236 for Storm Water Management; and
WHEREAS, on June 3, 2024 the Planning Board held a Public Hearing for the proposed
action; and
'WHEREAS,, on June 25, 2024,, the Sufffolk County, Dep,artment A of Health Services
(SCDHS), it corresp�onden ce to the Planning, Board, stating that a commercialrwaste
water permit a,n od,d a, Fo Protection, Services, permit are requiredfor the proposed actions
on site; and
WHEREAS, on June 26, 2024, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
inconsistent with Southold Town LWRP policies, with recom mend ations to the Plannin g
Board; and
Silver Sands M of Restaurant Pa-ge 3 June 24, 2025
WHEREAS, at a Work Session on July 22, 2024, the Planning Board reviewed the
4"
proposed application and required correct�ions to the Site Plan and additional information
necessary,,, for the Site Plan to co,mply with ,various applicable sections of the Town Code
as detailed in the Work Session Staff Report; and,
WHEREAS, on August 1, 2024, Nick Mazzaferro, P.E., submitted analysis regarding the
capacity of the emergency access road for review; and
WHEREAS, on August 22, 2024, the Greenport Fire District determined certain revisions
were required to provide adequate fire protection for the site, consistent with the Southold
Town Fire Marshal; and
WHEREAS, on August 24, 2024, Alexander Perros, owner, submitted exterior lighting cut
sheet specifications and photometric information for review; and
WHEREAS, on September 1, 2024, Nick Mazzaferro, P.E., submitted water usage details
for review; and I
WHEREAS, on September 6, 2024, Alexander Perros, owner, submitted revised site plans
and information as required for Site Plan review; and
WHEREAS, on September 17, 2024, Alexander Perros, owner, submitted revised
photometric details for review; and
WHEREAS, on November 4, 2024, the Planning Board issued comments to the Zoning
Board of Appeals regarding files #SE7914, 7893SE and 7894; and
WHEREAS, on December 20, 2024, the ZBA granted Special Exceptions SE7914 and
7893SE for the proposed Detached Kitchen & Restaurant subject to sixteen (15)
Conditions; and, granted Area Variance#7894 subject to four (4) conditions; and
WHEREAS, on February 10, 2025, the Southold Town Planning Board reviewed the
application to the policies of the Local Waterfront Revitalization Program (L'WRP) and
found that with the reduction in proposed seats for the, restaurant, along with Irmitations
imposed by the Zoning Board of'Appeals, and the requirement to use water conservation
methods, native drought tolerant vegetation in landscaping, and best management
practices for fertilizer application to further policy 5, this action is consistent with the
LWRP; and
WHEREAS on February 10, 2025 the Southold Town Planning Board granted a
Conditional I Approval regarding the Site Plan entitled "Silver Sands Holdings" prepared by
Howard W. Young, L.S. dated February 22, 2024 and last revised September 5, 2024, with
nine (9) conditions to be met; and
WHEREAS, on March 7, 2025, Alexander Perros, owner, submitted photographs of
removed "Motel Parking" signage as required by Condition #5; and
Pa 4 June.24, .20,25
Silver Sands tel Resta urn nt
WHEREAS, on April 16, 2025, Charles Cuddy, authorized agent, submitted revised plans
as required for review; and
WHEREAS, on April 21, 2025, the Southold Town Planning Board referred the revised
site plan to the Office of the Town Engineer and Fire Marshal for review; and
WHEREAS, on April 21, 2025, Alexander Perros, owner, submitted a plan showing all
required a pprovals from the Suffolk County, D epartment of Health Services (S,CDHS),
I
including: the stamped, sealed, and signed approval by the SCDHS reviewer (Ref. No. C-
25-0098), reflecting a maximum seating capacity of'61 seats,, as required by Condition#3;
and
WHEREAS, on May 912025, the Southold Town Engineer reviewed the proposed
app lication and determined that revisions were required in order for the site plan to meet
the minimum requirements, of Chapter 236 for Storm Water Management; and
WHEREAS, on May 14, 2025, the Southold Town Planning Board issued a memo
supportln the, lot merger of five (5) Silver Sands Holdings parcels: SCTM1#1 000-47.-2-11,
SCTM#1 000-47.-2-12, SCTM#1 000-47.-2-13, SCTM#1 000-47.-2-14, SCTM#1 000-47.-2-
15, into a sing le tax parcel, as required by Condition #6 of the Southold Town Zoning
Board of Appeals file#7893SE and .SE7914; and
WHEREAS, on May 24, 2025, the Southold Town Chief Building Inspector reviewed and
certified the proposed use of Restaurant is permitted as a special exception by the Board
of Appeals in the Resort Residential (RR) Zoning District with reference to ZBA file
#7893SE and #7914SE; and
WHEREAS, on May 27, 2025, the Southold Town Fire Marshal reviewed the proposed
app lication and determined that revisions were required in order for the site plan to meet
the minimum requirements; and
WHEREAS, on May 30, 2025, Alexander Perros, owner, submitted revised plans as
required for review; and
WHEREAS, on June 2, 2025, the Southold Town Planning Board referred the revised site
plan to the Office of the Town Engineer and Fire Marshal for review; and
WHEREAS, on June 16, 2025, the Southold Town Engineer reviewed the proposed
app lication and determined that the site plan prepared by Howard W. Young, L.S., dated
February 22, 2024 and last revised June 20, 2025, met the m1nimum requirements of
Chapter 236 for Storm Water Management, as required by Condition #6; and
WHEREAS, on June 17, 2025, Alexander Perros, owner, submitted architectural
drawings of floor plans and seating as required by Condition #4; and
Silver Sands Motel Restag,rant Pa,
WHEREAS, on June 17, 2025, Alexander Perros, owner, submitted a revised site plan as
required by the Planning Board follow-up letter dated June 16, 2025, and Condition #4,
and
WHEREAS, at their work session on June 23, 2025, the Southold Town Planning Board
determined that all nine conditions of conditional approval had been satisfied; therefore
be it
RESOLVED, that the Southold Town Plaming Board approves the merging of Silver
4,
Sands Holdings parcels as detailed above, and as required by the Zoning Board of
Appeals; and be it further
RESOLVED, that the Southold Town Planning Board grants Approval with Conditions
for this application including the following plans:
• Silver Sands Holdings, prepared by Howard W. Young, dated February 22, 2024
and last revised June 20, 2025; and . Young, dated
Stormwater Mana gement Control Plan, prepared by Howard W
8/1/24, last revised 6/20/25; and
Interior and Exterior Seating Layout (SP-1); S P 1 Enlarged Views (SP —2) as
noted; Building #33 Elevations (A201); and Boathouse Elevations (A201),
prepared by John J. Condon, P.E.L dated December 14, 2021 and last revised
February 26, 2025;
and authorizes the Planning Board Chairman to endorse the plans listed above. The
following conditions of approval are listed below:
Conditions-.
1. The proposed restaurant and detached kitchen (subject of this application) shall
not commence operation or open to the public until a certificate of occupancy is
issued.
2. Prior to the issuance of a certificate of occupancy, all exterior light fixtures
proposed to remain shall be documented and measured for compliance with
Chapter 172. Please notify the Planning Department for this inspection.
3. Maximum Seating and Parking Limitations
There are a total of fifty (50) parking stalls provided on site for both the motel and
the proposed restaurant, with 19 of those parking stalls allocated for the
restaurant. The seating capacity of the restaurant is capped at 61 seats,
including both indoor and outdoor seats, based on the limited parking provided.
Due to the environmentally sensitive nature of the subject property, the creation
of additional parking areas to accommodate more seats is prohibited.
ilr el st t Pate 6 Jun " 4 20Z5,
v
4. No outdoor music is permitted on the premises, pursuant to Zoning Board of
Appeals file #7893SE and #7914BE.
5. Parking on-site is permitted only in areas designated as parking spaces, as
shown can the approved site plan.
6. Busses and limousines are not permitted on the entire premises, other than the
shuttle service provided by Silver sands.
7• are
Vehicles prohibited from parking, standing, or waiting in driveways, except
when actively dropping off or picking up patrons.
also note the following requirements Please g in the Southold Town Code relating to Site
Plans.
1. Proposed storm water run-off containment systems must be inspected by the
Town Engineer at the time of installation. Please call the Southold Town
Engineer prior to beginning this work.
pp 2. Approved Site Plans are, valid for eighteen months from the date of approval,
within which time all proposed work, must be completed, unless the Planning
Board grants an extension.
3. Any g pp
n changes from the Approved site Plan shall require Planning Board approval.
4. Prior to the issuance, of a Certificate of Occupancy, the Planining Board must
inspect the site to ensure it is in conformity ith th A prove it Ilan n
issue a final site inspection ,pr val l e�r. ould the sit f u d not in
p
conformance with the Approved ,Site Plan, no Certificate of Occupancy may be
issued unless the Planning Board approves the changes to the plan
If Y
you have an questions regarding the above, please contact this office.
y
Y,mtes
ec uI y
J;
Rich III
Chairman
cc: Charles Cuddy, Esq.
Michael Verity, chief 'Building Inspector
Michael Collins, Town Engineer
. acknowledges that then re Town Code requirements
By s� nng this letter', the applicant
din those listed above,,
that must be satisfied prior to the issuance of
and conditions, Inclu g
a Certificate of Occupancy.
• 4WONY'r— nFL"5
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BOARD MEMBERS So Southold Town Hatl
Leslie ,.anes Weisman, Chairperson
53095 Main RoadP.O. o 1 179
Southold,NY 11971-0959
Patricia A.carnpora ()fflce 1,ocation:
Eric Dantes ,
To
wn
Annex/Firs t Floor,
Robert Lehner-, Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planarnento Southold, NY 11971
„vy
". L .
http://southoldtownny.gov � �� � � 4
� ;�
Vjjatf 2.0653PAt
ZONING BOARD OF APPEALS
TOWN OF St UTHOLDD E 2 0 2024
Tel. (631) 765-1809
,ts "',
„FINDINGS, DELIBERATIONS AND DETERMINA N
MEETING OF DECEMBER 19, 2024
A
�.11 2 8
74
NAME OF APPLICANT: Silver Sands Holdings LLC
.... ���
PROPERTY LOCATION: 1135 Silvermere Road Green ort,� �4, 1:r
SCTM# 1�000-47-2-15 P 1A : �j
SEORA , " E, l. "'],,° O ; The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type It category of the State's List of Actions, without
further steps under SE RA.
5UFFlk
O ADM MS A y - This a ��ication was referred as required under the Su �o,
County Administrative Code Sections A 14-14 to 23 and the i ff lk County Department of Planning,issued its reply
dated January 25, 2024 stating that this application is considered a matter for local determination as there appears to
be no significant county-wide or inter-community impact.
"" P' " .� , . 1 . This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWR�`) Policy
Standards. The LW RP Coordinator issued a recommendation dated November 4, 2024. Based upon the infori-nation
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available,
it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
t CONSISTE 1 with the L P. However, the structure w ich, is the su Ject of this, application is existing. The
s,tructure is i 1," , od zone x with a law to rrioderate flood risk .2 e rcit anji,ual c h a nce). he proposed, scope of'
,,work,, is of it terior alterations and a, chan e of use with no chan,ge to the,. a� ii It s r p'
r"
Therefore with the conditions imposed herein, the Board of Appeals now finds, that the proposed application to
maintain a pre-existing non-conforming side yard setback, is CONSISTENT with the LWR..
' ,° S The subject roperty Tax lot # 15 is a, cot forri in 8` 4 share o t.
p'
acr 'ro pro,r e �lode in the Resort esident�ial( zo�uii (li�strict. The property runs 182.41 feet along
l"I"pes,
Cove on the South side." The property r s
�n 1.9�2 feet on the West side 123.77 feet tin t. e North side, and 6 .,50
feet on the east side. The property is access(-,*d via a Right of way frorn Silveri ere Road di running across tag map lot
14. The property, is improved with two fta ev buildings two wood decks, an awning over wood deck., a swimming
pool,two bocce courts,and a woad bulkhead. Allis show on a Survey by Young and Young L.L.S.dated December
145 2022 and last updated January 10, 2024.
AS1 gip"AIPI f l nest for a variance from Article vII, Section 280�-36; and the Building Inspector'sS
January 10, 2024 Notice of Disapproval based on an application for a permit to construct a free-standing restaurant
�V
Page 2, December 19,2024
#7894, Silver Sands Moldings—Area variance
SCTM No. 1000-47-2--15
with office and storage space for restaurant operations; 1) located less than the code required minimum side yard
setback of 15 feet; located at. 1135 Share Drive/1 135 S ilvermere Road, Greenport,NY. SCTM No. 1000-47-2-15.
_.RELIEF R,E ° r `: The applicant requests a variance to make additions and alterations to are existing boat
house that will convert the boathouse into a free-standing restaurant with office and storage space for restaurant
operations which will maintain a pre-existing non--conforming side yard setback of+/- 4 feet where town code
requires a minimum 15-foot side yard setback..
J 1101"J L�WWINFO R ATI � The applicant testified that the subject building will operate as the free-standing
restaurant's dining room. The proposed kitchen will be in a separate building which is located near the dining room
on the property. A neighbor came to the hearing and testified that he did not have any objections to the restaurant
but that he did not want any of the kitchen venting to be located on the non-conforming side of the boat house building
near his hawse. Further, the applicant testified that there were fumes from a seasonal pizza truck on the property
adversely impacting his property.
ADDITIONAL/BACKGROUND INFORMATION: The subject boat house on tax lot 15 is part of a larger complex.
The Silver Sands property consists of nearly 45 acres across 12 lots situated south of Rt. 25 on both sides of
Silverm.ere Road. Inclusive in the 45 acres is an 18-acre salt marsh and a 15-acre riparian lot in Pipes Cove which is
currently being utilized as an oyster farm. The original motel and restaurant on lot 11 served as the focal point for
the larger,Silver Sands resort which was first established in 1957.
ADDITIONAL APPLICATIONS: In addition to the subject request for variance relief the applicant has applied for
ZBA application#7893 SE and 7914SE for Special Exceptions to convert the subject as built boathouse on the West
side of tax map lot 15 to a restaurant dining room and the frame building in the middle of the property("the dwelling")
as a kitchen. The applicant has applied for ZBA application 7897 requesting the zoning Beard of Appeals rescind
Building Department's condition on Certificate of Occupancy#473 889 dated January 16,2024.that limits the use of
the motel diner and'bar area on tax map lot 11 to hotel guests only. Further, in ZBA# 7915 the applicant applied for
approval to allow an existing swimming pool located on lot #15 to be utilized as an accessory use for motel and
cottage overnight guests on lots 11, 12, 13, and 14. This application was withdrawn by the applicant.
WRITTEN SUBMISSIONS: Numerous neighbors and community members signed and submitted a pre--printed
letter of support for the applicant. Several of the neighbors attended the public hearing and generally spoke in support
of the applications, and testified that their relationship with the applicant is cordial. One nearby neighbor sent in a
letter of objection based upon laud noise intrusion caused by a wedding party that was held on the Silver Sands
property.
I„ � G L P ITT SEWAGE'.In a letter dated June 3,2024 Greenport village requested
that any approval be subject to Greenport village's approval because Silver Sands complex uses Greenport village's
sewer system. In response the applicant testified that he had paid to upgrade the village ofGreenport's sewage pump
at his own cost and expense, submitted testimony from a licensed engineer, submitted capacity documents from the
Village of Greenport's technicians, and submitted engineering documents stating that there will not be a material
change to the complex's sewage treatment needs. The ZBA and Town of Southold do not regulate sewage treatment.
Any approval shall be conditioned on the applicant's compliance with the Suffolk County Department of Health(the
regulatory body for Southold T'own's sanitary waste) approval.
OUTHOLD TOWN PLANNING BOAR-D. At the hearing on November 5, 2024 the applicant testified that while
tax map lot 15 is the subject of the Special Exception applications and request for variance relief the Planning Board
is taking a holistic approach to the site plan approval and looking at the entire complex and its various legally separate
properties. In a memorandum dated November 4,2024 to the Zoning Board of Appeals,the Southold Town.Planning
Beard stated that"they are not opposed to a restaurant use and detached kitchen by Special Exception in this location-
the current owners have clearly invested meaningful resources in upgrading and enhancing an existing Resort
Page 3, December 19,2024
#7894, Silver Sands Holdings—Area Variance
SCTM No. 1000-47-2-15
Residential site-but the Board has concerns regarding the number of potential patron s/occupants, emergency
access/service, and deficient parking to support the layout of the site, it is difficult to provide typical mitigation
measures such as vegetated buffers and distance."
The Planning Board further states that there are mitigations that can soften the impact of the proposed restaurant
including but not limited to decreasing the total number of seats to meet parking totals, meet the requirements for
emergency access and prohibit the use of the Town Right of Way and road end beach parking for patrons, guests,
and employee parking, increase parking and screening to the extent feasible from the neighboring R-40 parcels,
prohibiting outdoor music and ensuring that exterior lighting meets Town Lighting Code (Chapter 172 Lighting,
Outdoor).
The Plann'n, he project can be found consistent with the Southold Town,
1, g,Board further states that"'with mitigation, t
Comprettensive Plan,,. The Visiori, statement of the plan states t'hat corrun unity character must be maintained while,
also maintaining a vibrant local economy (paraphrased). This proposal does contribute to the local economy,
however maintaining community character,and with it,quality of life,will require mitigating the future intensity and
possible impact to the neighbors."Goal I of the Economic Developnient Chapter states that existing local businesses
should be helped to grow,; while Goal 2 provides the need for balance in that growth to protect the community
character. This is an existing local business that has and will continue to invest in the local economy. At the same
time,growth of this business must be tempered by some limits to ensure the community character of the neighborhood
is not adversely affected.
EIN D f NQS F X,0,N�S'X�D_RBOAR.D ACTION-,
FACT/ RE
The Zoning Board of Appeals held public hearings on this application on May 2, 2024, and November 7, 2024 at
which time written and oral evidence were presented. This subject application and related ZBA Silver Sands
app lications were all adjourned to the ZBA Special Meeting on December 19, 2024 at which time they were closed.
1. Town,Law,� I
267-b(& (Lj. Grant of the variance will not produce an undesirable change in the character of the
1 1,hborhood consisting of transient,
neighborhood or,a,detriment to,nearby, perfies. The neighborhood is a resort ne'g,
'pro
bungalows,, and a, motel, with a diner., West of the subject property, is a residetitial nelighborhood. The subject.
boathouse is believedto,be,between '70,to 90( a,,Yers old and, long pr nf'
e-dates the TOw , o S o ut',ho Id's zon ing code. 'Fhe
applicant is not changing the foot print of the building or altering the exterior of the building. The conversion of the
subject boat house into a restaurant dining room will not change the exterior of the building or the character of the
neighborhood.The applicant can mitigate adverse impacts to nearby residential properties caused by the pre-existing
non-conform side yard setback of the existing boathouse, now pro, os ed as free-standing restaurant dining,room, by
,P 4,
adding solid fencing along the property line and vegetative screening where possible, and by adhering to the
conditions of approval required herein.
2. ",rown Law §267bQf�)(D. Thebenefit sought by,the applicant can be, achieved by some mtth,od, C6asible- 'for
0 1, S, bU Idt
the applicant to Pursue, other than an are,avar'iance. 'The applicant could, demolish the exi tilng, it' *ng, and btifld
the restaurant in a. cod"t conforriiing locatlon., However, by preserving and re-adapting the exist'ing building the
app licant is helping to maintain the historic character of the neighborhood and the Silver Sands property.
3. Town Law,§1, I-W')(Wal- The variance granted herein is mathematically substantial,representing 74.4%relief
from the code. However, the non-conforming side yard setback is existing and will not change, and moving the
existing boathouse to a conforming location it is not feasible.
4. ,row ,,aw §767,hQ,')(b)0_)_� No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions imposed
herein.
Page 4, December 19,2024
47894, Silver Sands Holdings Area variance
CTM No. 1000-47-2-15
5. Town Law §.2 -b(3)(b)(5'),. The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law §267-KilGrant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a restaurant dining room with office and storage space while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
o 1°I0 E, : In considering all of the above factors and applying the balancing test under New
York Town Law 2+67-8, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and
duly carried,to
GRANT the variance as applied for,
S,U"',BJF,'CT TO TUE ,Fi10LL0,'W'tNG CONDITIONS.:
I. The applicant shall submit a revised signed and sealed site plan prepared by a licensed professional depicting
the removal of the in-ground swimming pool currently located on lot#1 .
2. The septic system or sewer connection on the subject property must be approved by the Suffolk County
Department of Health Services
3. The applicant shall submit plans showing all kitchen and bath and mechanical exhaust fans venting on the
East side of the building or the Eastern side of the Roof. The subject building shall not vent any mechanical
equipment off of the west side of the building. The applicant shall not place AC condensers or any
mechanical equipment on the western side of the building.
4. All parking and seating that i within 15 feet of a neighboring residential property shall be screened with a
p g g .
substantial wall, fence, or thick hedge as approved by the Southold Town Planning Board.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of
the Board of Appeals,failure to comply with the above conditions may render this decision null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the right to substitute a similar design that is de minimis in naturefor an alteration that does
not increase the degree of nonconformity.
GRANTEDIMPORTANT LIMITS ON'THE APPROVAL(SI
"lease Read trefull
Any deviation from the survey, site plan an dlor architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Builditig Department
of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation from the variances),granted herein as shown on the architectural drawings,site plan and/or survey
cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconforities under the zoning code. This
action does not authorize or condone any current or future use, setback or other feature of the subject property
Page 5, December 19,2024
47894, Silver Sands Holdings—Area Variance
SCTM No. 1000-47-2-15
that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in
this action.
TINIFLIMITS O'N THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town
of Southold any variance granted by the Board of Appeals shall become null and void where a
Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with
the Suffolk County Clerk,within three (3)years from the date such variance was granted. The
Board of Appeals may, upon written request prior to the date of expiration, grant an extension not
to exceed three (3) consecutive one (1)year terms. IT IS "THIF. PROPERTY OWNE R's'
RESPONSIBMITY''T"O' ENSURE COMPLIANCEWIT"Fl, THE CODE RE RED TIME
FRAME DESC,RJBED 111EIREIN". Failure to complyin a timely manner may result in the denial by
the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and
require a new variance application with public hearing before the Board of Appeals
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, and Lehnert.
(3-0) (.Mes ber Acampora Absent, Member Planamento Recused)
IL
Les,lie,Danes Weisman, Cllatrperson
Approved for filing/ /.- 0 /2024
� r
BOARD MEMBERS
Southold Town Hall
. 53 95 Main Road a P.0 . Box 1179
Leslie Kanes Weisman, Chair-person
4
n
Southold., 11971- 959
Patricia Acaxn c►ra fce Location:
Eric Dante Town Annex/F irst Floor,
Robert L,ehnert, Jr.
I" 54375 Main Road(at Youngs Avenue)
Nicholas Planar ento Southold, NY 1.1971
IW h.ttp-.//southoldtownny.gov
ZONING CAA F APPEALS
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ION AND DETERMINATION
MEETING OF D CEIVlBER 19, 2024 2 0 2024,
ZBA FILE No.: SE ']914 "75 µ e.maa ;.
NAME OF APPLICANT: Silver Sands Holdings I LLC
PROPERTY..T LOCATION: 1135 Silvermere Road, Greenport, NY
SCTM No. 1000-47-0 -15
'D -, , TION': `fhe Southold Town Planning Board as Lead Agency, at the
conclusion of thei
r coordinated review, on May 6, 2024 classified the proposed Action for Special
Exception Approval and Site Plan Approval, as Type 11, pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental {duality Review Act) of the Environmental
Conservation Law, and further determined that the Action having a Negative Declaration will not
have a significant adverse impact on the environment.
,5S�LF F
Qw. � " ,ISTI A�I IV,E,C �l E`: 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 January 25, 2024 stating that this application is considered a matter
for local determination as there appears to be no significant county-wide or inter-community impact.
RP ` � Al This application was referred for review under Chapter 268,
Waterfront Consistency review of the Town of Southold Town Cade and the Local Waterfront
Revitalization Program (L'WRP) Policy Standards. The LW '' Coordinator issued a
recommendation dated November 4, 2024. Based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available, it is
recommended that the proposed action is INCONSISTENT with LWRP policy standards and
therefore is INCONSISTENT with the LWRP. ,however, the structure(s) which are the subject of
this application are existing. The structure(s) are in Flood zone x with a low to moderate flood risk.
(.2 percent annual chance). The proposed scope of work is for interior alterations and a change of
use. Therefore, the Board of Appeals now finds that the applications for Special Exception requests
to change the uses of the as built structures on the subject parcel from a"boathouse with dwelling"
to a free-standing restaurant and commercial kitchen, along with the conditions of approval imposed
herein, now finds the proposed actions to be CONSISTENT with the LWRP.
PROP ,RwrY FA "r. SC 1 .# The subject property, Tax lot 9 15 is a conforming 88,340
square foot waterfront property located in the Resort Residential (RR) zoning district. The property
runs 182.41 feet along Pipes Cove on the South side. The property runs 681.92 feet on the Nest
side, 123.77 feet on the North side, and 601.50 feet on the East side. The property is accessed via a
Page 2, December 19, 2024
97893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
Right of way from Silvermere Road running across tax map lot 14. The property is improved with
two frame buildings, two wood decks, an awning over wood deck, a swimming pool, two bocce
courts,,and a wood bulkhead. All is show on a Survey by Young and Young L.L.S. dated December
14 2022 and last updated January 10, 2024.
In addition to the Subject lot the entire Silver Sands Hotel complex includes eight independent lots.
The entire Silver Sands Hotel complex is located in the Resort Residential (RR)zoning district. The
complex measures 265,207 square feet. Tax map lots 11; 12; 13; 14; and 15 are on the West side
and South side of Silvermere Road. The West side of the complex runs 615.69 feet along Pipes
Cove. The complex runs 681.92 feet on the West side. The complex runs 182 feet on the North side
to Silvermere Road. The complex then turns South running 205.40 feet on the East side before
turninp, East and running 86.92 feet on the Northeast side. The complex then turns East and runs
189.49 feet on the North side. The complex again turns South and runs 218.88 feet on the East side
bordering the Silveremere Road End parking lot. Another part of the complex,tax map lots 8;9; and
10 are on the North and East side of Silveremere Road. Tax map lots 8; 9; and 10 are a combined
parcel which runs 98.13 feet along Silvermere Road on the West side, 40.84 feet on the Southwest
side, and 167.76 feet on the South Side. The property runs 174.98 feet on the North side, and 121.09
feet on the East side. The North complex is improved. Tax map lots 8; 9; and 10 are improved with
a frame building. Tax map lot 10 is used for parking. Tax map lot I I is improved with a frame
building with a wood deck and a concrete sea wall. Tax map lot 12 is improved with a frame building,
a wood bulkhead, and concrete sea wall. Tax map lot 13 is improved with three frame buildings and
a concrete sea wall. Tax map lot 14 is improved with eight frame buildings, a frame garage, and a
concrete sea wall. Tax map lot 15 is improved with two frame buildings, a wood deck, an awning
over wood deck, two bocce ball courts, a swimming pool, and a wood bulkhead. Tax map lots 14
and 15 are accessed by a right of way across lot 13 which borders Silvermere Road. All is show on
a Survey by Young and Young L.L.S. dated December 14 2022 and last updated January 10, 2024.
B,ASIS OFARPLICA17ION: Request for special exception pursuant to Article VII, Section 280-
35B(6) and Article VII, Section 280-35C(l); applicant requests-, in ZBA file No. 7893 SE to 1) to
convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized in
conjunction with converted restaurant on the same lot (Lot 15), and; 2) upon conversion, said
commercial kitchen will be accessory to the principle use of the converted restaurant; and the
applicant requests in ZBA file No. 7914 SE to 1) to convert an existing accessory boathouse to a
freestanding restaurant with office and storage space, for restaurant operations; and (2) permission
for an accessory seasonal outdoor barbeque/bar area all located at 113 S Silvermere Road, Southold,
NY. SCTM 1000-47-2-15.
PIROPOSE,"DUSE: The applicant proposes to develop a code conforming free standing restaurant
on the property. The restaurant will consist of a kitchen in the Eastern building on the property, a
dining room in the Western building on the property, an outdoor bar and dining area, and a pizza
truck. The applicant is not building any new buildings on this property. The applicant testified that
Suffolk County Department of Health will allow a dining room to be in a separate building from the
kitchen if there is a canopy/awning system connecting them.
ADDITIONA.L INVFOR M,A'T,1'0,N.,' A neighbor came to the hearing and testified that he did not have
....................-..............
any objections to the restaurant but that he did not want any of the kitchen venting to be located on
the non-conforming, Western, side of the boat house building. Further, the applicant testified that
there is a pizza truck on the property which serves pizza during the summer months. A neighbor
testified that the venting of the pizza truck is an issue and that an odor carries over onto his
neighboring property.
Page 3, December 19,2024
#7893 & #7914, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
ADD ITI: ) UBACK. � D l� I" . AT'I N The subject boat house and dwelling(on tax lot
... . .�.�
15) is part of a larger complex. The Silver Sands property consists of nearly 45 acres across 12 lots
situated south of Rt.25 on both sides of Silvermere Road. Inclusive in the 45 acres is an 18 acre salt
marsh and a 15 acre riparian lot in Pipes Cove which is currently being utilized as an oyster farm.
The original motel with diner/restaurant on lot 11 served as the focal point for the larger Silver Sands
resort which was first established in 1957. In addition to the motel and riparian parcels the ,Silver
Sands resort consists of the Silvermere bungalows,which are 11 free standing bungalow hotel roams.
In total between the hotel and diner on lot 11,the Silvermere bungalows are on lot 12, lot 13, and lot
14. Lot 11, Lot 12, Lot 13, and Lot 14 combined add up to 3.59 acres of land. Additionally, lot 15,
the subject lot measures 2.125 acres of land consists of a dwelling and boathouse
11 . �
� 1 P m CAT ;„w : n In addition to the subject requests for Special Exceptions, the
applicant has applied for ZBA application #7894 for variance relief for a non-conforming side yard
setback of the as built "boathouse" proposed to be converted to a dining room. The applicant has
also applied for ZBA# 7897 requesting the Zoning Board of Appeals rescind building department
conditions that limit the use of the Diner and bar area of the hotel restaurant on tax neap lot 11 to
hotel guests only. Further, in ZBA# 7915 the applicant applied for approval to allow an existing
swimming pool located on lot m 15 to be utilized as an accessory use for motel and cottage overnight
guests on lots 11, 12, 133, and 14. This application was withdrawn by the applicant.
MISSI 'S: Numerous neighbors and community members signed and submitted a
pre-printed letter of support for the applicant. Several of the neighbors attended the public hearing
and ,generally spore in support of the applications, and testified that their relationship with the
applicant is cordial.One nearby neighbor sent in a letter of objection based upon loud noise intrusion
caused by a wedding party that was held n the Silver Sands property.
1, 171,"ER F G -w, PO "l" 14,L A, SEWAGE: In a letter dated June 3,2024 Oreenport
ed
Village requested that an approval be subject to Oreenport mmmg ,� �m y pp Village's approval because Silver Sands
complex uses Greenport Village's sewer system. In response the applicant testified that he had paid
to upgrade the village of Oreenport's sewage pump at his own cast and expense,submitted testimony
from a licensed engineer, submitted capacity documents from the Village ofGreenport's technicians,
and submitted engineering documents stating that there will not be a material change to the complex's
sewage treatment needs. The ZBA.and Town of Southold does not regulate sewage treatment. Any
approval shall be conditioned on the applicant's compliance with the Suffolk County Department of
Health (the regulatory body for Southold T'own's sanitary waste) approval.
T"OWN OF SOT O1
At the hearing on November 7, 2024, the
applicantp is
testified that while tax ma lot 15 .s_.�
the subject of the Special Exception applications and
request for variance relief the Planning ward is taking a holistic approach to the site plan approval
and looking at the entire complex and its various legally separate properties.
In a memorandum dated November 4, 2024 to the Zoning Board of Appeals, the Southold Town
Planning Board stated that"they are not apposed to a restaurant use and detached kitchen by Special
Exception in this location-the current owners have clearly invested meaningful resources in
upgrading and enhancing an existing Resort Residential site-but the Board has concerns regarding
the number of potential patrons/occupants, emergency access/service, and deficient parking to
support the layout of the site, it is difficult to provide typical mitigation measures such as vegetated
buffers and distance."
The Planning Board further states that there are mitigations that can soften the impact of the proposed
restaurant including but not limited to decreasing the total number of seats to meet parking totals,
meet the requirements for emergency access and prohibit the use of the Town ROW and read end
Ub
Page 4, December 19, 2024
#7893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
beach parking for patrons,guests,and employee parking, increase parking and screening to the extent
feasible from the neighboring R-40 parcels, prohibiting outdoor music and ensuring that exterior
lighting meets town lighting code(chapter 172).
The Planning Board further states that'.'with mitigation, the project can be found consistent with the
Southold Town Comprehensive Plan. The Vision statement of the plan states that community
character must be maintained while also maintaining a vibrant local economy (paraphrased). This
proposal does contribute to the local economy, however maintaining community character, and with
it, quality of life, will require mitigating the future intensity and possible impact to the neighbors."
Goal I of the Economic Development Chapter states that existing local businesses should be helped
to grow; while Goal 2 provides the need for balance in that growth to protect the community
character. This is an existing local business that has and will continue to invest in the local economy.
At the same time, growth of this business must be tempered by some limits to ensure the community
character of the neighborhood is not adversely affected.
FfNDINGS, OF FA,CT/-REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held public hearings on this application on May 2, 2024, and
November 7,2024 at which time written and oral evidence were presented. This subject
application and related ZBA Silver Sands applications were all adjourned to the ZBA Special
Meeting on December 19, 2024 at which time they were closed.
Based upon all testimony, documentation,, personal inspection of the property and surrounding
neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
The Board has reviewed the General Standards governing Special Exception uses set forth in Section
280-142 and finds:
A. That the use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts. The free-standing Restaurant is permitted by code. The
boat house building is placed to block the outdoor dining area from the neighbor's view.
The commercial kitchen is in the center of the property and not located near the property
line. The Silver Sands motel complex has existed in this location for many years and adding
this code conforming amenity conforms to code and is in line with Southold Town's
Comprehensive Plan.
B. That the use will not prevent the orderly and reasonable use of permitted or legally
established uses in the district wherein the requested use is located or of permitted or
legally established uses in adjacent use districts. The property is zoned R.R. The existing
boathouse and dwelling have historically been used as part of the Silver Sands Resort
Complex. The nearby residential zone will be protected from any possible adverse impacts
by the conditions imposed herein proposed restaurant will be in addition to the already
established restaurant use that is on tax map parcel 11 in the motel.
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. There are no
residential buildings on the part of Silvermere Road leading to the public parking lot in the
Silver Sands resort complex. The applicant must obtain site plan approval from the Town
of Southold Planning Board which can further mitigate possible adverse impacts and Health
Department approval is also required. can mitigate the effects of the restaurant on the
neighbors by installing a solid fence on the property line.
Page 5, December 19,2024
97893 Ừ, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
D. That the use will be in harmony with and promote the general purposes and intent of
this chapter. The applicant testified that the proposed re-development of the Silver Sands
Resort complex is in line with the most current version of the Town of Southold's
Comprehensive Plan. The proposed free-standing restaurant is part of the larger Silver
Sands Resort Complex. Merging tax map lots I I- 12; 13; 14; and 15, as conditioned
herein, will mitigate the non-conformity of some of the proposed development and "as-
built"development which does not conform to current zoning code, thereby bringing the
entire resort complex closer to conformity with the code.
E. That the use will be compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly about visibility, scale and
overall appearance. The applicant proposes to maintain the existing exterior of the two
existing buildings on the property and use their architecture as part of the design of the
restaurant. The applicant is expanding the on-site parking available on the premises which
will keep the motel and restaurant guest's cars off the street.
F. That all proposed structures, equipment, and material shall be readily accessible for fire
and police protection.
G. That the proposal shall comply with the requirements of Chapter 236, Stormwater
Management.
In making such determination, consideration was also given to:
A. The character of the existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of the most appropriate uses of
land. The re-development of the Resort Complex will improve the property values in this
neighborhood.
C. The effect that the location of the proposed use and the location that entrances and exits may
have upon the creation or undue increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety. This application is determined to by an
unlisted action by the Southold Town Planning board under SEQRA standards.
D. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use. The subject
property is serviced by SC WA water and is connected to the Village of Greenport Sewer
district and must obtain all required Department of Health approvals.
E. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases,odors,smoke or soot. The conditions of approval of this application require
that the applicant keeps the kitchen venting away from the neighboring residential properties
and the prohibition of any food trucks on the premises will remove the possibility of the
additional emissions of smoke and smells that are currently caused by the presence of a pizza
truck on the premises and the applicant has not been able to vent it away from the
neighboring property.
F. Whether the use will cause disturbing emissions of electrical discharges,dust, light,vibration
or noise. Planning Board will require the restaurant to use dark sky compliant lighting as
well as mitigation measures to screen the property from residential neighbors.
G. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The proposed use should enhance
Page 6, December 19,2024
97893 & #7914, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
the enjoyment of the use of the Jurzenia park located at the end of Silvermere Road. Jurzenia
park does not have a public bathroom or any eating facilities. With the proposed restaurant,
park goers will now have a place to dine, or purchase take out. Parking at the park is limited
to Town of Southold parking permit holders.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and can
be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein
the use shall be located. The applicant shall submit a parking plan which shall be approved
by the Southold Town Planning Board.
I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by the
inaccessibility of the property or structures thereon for the convenient entry and operation of
fire and other emergency apparatus or by the undue concentration or assemblage of persons
upon such plot.
J. W-hether the use or the structures to be used therefore will cause an overcrowding of land or
undue concentrat'lori, of population. "nic applicant has the land required 'for this use 'in, the
zoning code"s 'bulk schedule. The applicant is not proposing to maxinnize%, pernit"Ited, lot
coverage. The applicant is proposing to re-use existing structures on the parcel without any
new construction.
K. Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably
anticipated operation and expansion thereof. The subject property is a code conforming
2.125 acres in size.
L. Whether the use to be operated is unreasonably near to a church,school,theater,recreational
area or other place of public assembly. The subject property is not near a church school, or
theater. It is near Jurzenia park and the proposed use will enhance the people's enjoyment
of the park.
M. Whether the site of the proposed use is particularly suitable for such use. The site is in an
RR zoning district which is part of a Resort Complex at a road end. It is appropriate for this
use.
N p. Whether adequate bLYff''er yar S,, d, and screening can and will be prov"dedt rota adjacent
properties and land uses fiTom possible detrimen'tal impacts of the proposed use. The
applicant shall receive site plan approval and approval of mitigation measures from the
Southold Town Planning Board and must comply with the conditions of approval imposed
herein.
0. Whether adequate provision can and will be made for the collection and disposal of
stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the
proposed use will generate. The applicant shall submit a storm water runoff plan as approved
by the Southold Town Planning Board and/or Town Engineer.
P. Whether the natural characteristics of the site are such that the proposed use may be
introduced there without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on and
off the site. The applicant is proposing to re-purpose existing structures. There are no new
structures being proposed;just renovations and re-purposing of existing buildings.
Q. The issuance of a Special Exception pen-nit, as applied for in this application, is also subject
to the following specific criteria and requirements which have been met pursuant to Section
280- 35(B)6 of the Town Code: which pen-nit the use of a freestanding restaurant.
R. The character of the existing and probable development of uses in the district and the peculiar
suitability of such district for the location of any of such permitted uses.
S. The conservation of property values and the encouragement of the most appropriate uses of
land.
oh
Page 7, December 19, 2024
#7893 &97914, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
T. The effect that the location of the proposed use and the location that entrances and exits may
have upon the creation or undue increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety.
U. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use.
V. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases, odors, smoke or soot. of electrical discharges,dust,light,vibration
W. Whether the use will cause disturbing emissions
or noise.
X. Whether the operation in pursuance of the use will cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, if existing or if proposed by
the Town or by other competent governmental agencies. The applicant shall maintain on-
site parking as required by the Southold Town planning board.
BOARD REPSOLUTION": In considering all of the above factors., motion was offered by Member
Weisman(Chairperson), seconded by Member Dantes, and duly carried to
GRANT the Special Exception applications as applied for,
StJ,8J EC,,r'TO THE FOLLOWING CON,D]TIONS-1,
1. The applicant shall submit a revised signed and sealed site plan prepared by a licensed
professional depicting the removal of the in-ground swimming pool currently located on lot
#15.
2. The applicant shall obtain site plan approval from the Planning Board within two years of
this decision, which will include a determination by that Board of the total number of
permitted indoor and outdoor seats in the proposed free-standing restaurant, known as
Eddie's,, on lot 151, the seasional outdoor awning oven'wood,deck dining structure also on lot
15 known as Eddie's Oyster Bar, and the diner, known, as, Nookie 9 S, located, in the motel
building on lot 11. Failure to obtain site plan approval will render this Special Exception
Permit null and void.
3. All parking and seating that is within 15 feet of a neighboring residential property shall be
screened with a substantial wall, fence, or hedge or buffered as approved by the Southold
Town Planning Board.
4. All employee and guest parking must be on-site as finalized by site plan approval from the
Planning Board.
5. No further expansion/enlargement of the proposed free-standing restaurant/dining room
(Eddie's), related commercial kitchen, or motel diner(Nookie's) is permitted.
6. The applicant shall merge the properties on tax map lots 11; 12; 13; 14; and 15. The merger
shall be approved by the Southold Town Planning Board and any approval as may be
required by Suffolk County within one year of this decision.
7. The septic system and sewer connection on the subject property must be approved by the
Suffolk County Department of Health Services,
8. The applicant shall submit architectural plans to the ZBA showing all kitchen,, bath and
mechanical exhaust fans venting on the Last side of the build,11% or the Eastem, side of the
Roof. The subject building shall not vent any mechanical equipment off the West side of
the building. The applicant shall not place AC condensers or any mechanical equipment on
the 'Western side of the building.
9. The food truck (Pizza truck) on the subject premises must be removed and all food trucks
are prohibited on all lots in the Silver Sands complex.
Page 8, December 19,2024
#7893 & 97914, Silver Sands Holdings—Special Exceptions
SCTM No. 1000-47-2-15
10. The applicant shall be limited to four(4)special events per year on the Silver Sands property,
as proposed by the applicant. The applicant must apply for and obtain approval for a Special
Event Permit from the Town of Southold Town Board for each of the four permitted special
events.
11. No outdoor music is permitted on the premises
12. No busses or limousines are permitted on the entire premises, other than shuttle service
provided by the Silver Sands business operation for overnight guests staying at the motel
and bungalows
13. The Special Exception Perm it granted herein involves a change in occupancy or a change in
use or a change within a classification of the occupancy. Therefore, as a condition of
approval, the applicant must contact the Building Department to make the determination
whether or not a Building Permit is required and that changes will be NYS Code compliant.
14. This Special Exception Permit requires an operating permit and inspection by a Building
Inspector from the Building Department that must be renewed annually. lts the;Q,pjIticanitvs
es,.I�ns lit
to contact the Building Department on an annual basis to schedule the required ib_
inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals
to review potential action to revoke the Special Exception Permit granted herein.
15. 1 Special Exception perrm''t requires that the applicant complete construction,on the dining
room and kitchen, in order to begin the approved special exception use in compliance with
the conditions imposed by the Zoning Board of Appeals within three years.
16. In accordance with the Zoning Board of Appeals, approval shall thereafter be deemed a
lawful use as if the same were permitted by this chapter without need for a special exception
permit; provided, however,that:
a. All conditions imposed by the special exception approval shall continue to apply unless
they, by their express terms, are of limited duration;
b. All conditions imposed on special exception approval uses generally or specifically by
this chapter shall continue to apply, regardless of whether any such conditions were
expressly incorporated into the special exception approval;
c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same;
d. The duration of a special exception use may be limited to a specified time period as set
forth in the approval of the Zoning Board of Appeals. If the approval is silent as to the
duration of the special exception use, then said use shall be in perpetuity;
e. A special exception use which has been discontinued for a period of one year or more
shall be deemed abandoned.
That the above conditions be written into the Budding'Inspector's Certificate of Occupancy, when
issued
NOTE.- Violations o Conditions.- A violation of any limitation or condition of a special exception
)f 1-1 constitute
approval o)-qaany pry wslion of this chapter ap, plic'a,ble to a,special excepdon use sha1179 -isdi zovi tationo 1-Y A'p injui a ave
0, 1'th* chqptar,, The Zon' B,(,)a,,rd of peals shallrela ct' n and sh 11 h
the right, after a public hearing, to modify, suspend or revoke such approval or any term or
condition thereof or to impose thereon one or more new conditions, pursuant to Article ,
Section 280-141 of the Town Code.
Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert.
(3-0)(Mar ber Acampora Absent, Member Planamento Recused)
19 '3N„(l ��ABM, F
............ ..............................
Lie,', e Kanes Weisman, Chairperson
Approved for filing / /2024