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HomeMy WebLinkAboutSH RES 1068 h 44 Southampton Town Board _ Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 '_.;, Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 �t;rafl+r October 23, 2014 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it ba to towncierk@)southamotontownny.gov. Signature Date: 1,642-3 1 2,)/4-//c — Please be advised that the Town Board, at a meeting held on October 23, 2014 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2014-1068 Adopted [Unanimous] Notice of Public Hearing In Connection with a Local Law to Change the Zoning District of Parcels Identified by SCTM Numbers: 900-207-5-3 & 4; 900-207-4-22.1, 23, 24 & 25; and 900-208-2-18.1 from Resort Waterfront Business (RWB) and Motel Business (MTL) to 'Canoe Place Inn (CPI), Canal & Eastern properties Maritime Planned Development District (CPICEMPDD), Hampton Bays Sincerely Yours, C� K ScLI-4� Sundy A. Schermeyer Town Clerk Generated 10/23/2014 Page 1 0,111 ` 1640 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �,. Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 23, 2014 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on October 23, 2014 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2014-1068 Adopted [Unanimous] Notice of Public Hearing In Connection with a Local Law to Change the Zoning District of Parcels Identified by SCTM Numbers: 900-207-5-3 & 4; 900-207-4-22.1, 23, 24 & 25; and 900-208-2-18.1 from Resort Waterfront Business (RWB) and Motel Business (MTL) to 'Canoe Place Inn (CPI), Canal& Eastern properties Maritime Planned Development District (CPICEMPDD), Hampton Bays Sincerely Yours, <--� K5c � Sundy A. Schermeyer Town Clerk Generated 10/23/2014 Page 1 0,111 ` 1640 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �,. Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 23, 2014 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on October 23, 2014 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2014-1068 Adopted [Unanimous] Notice of Public Hearing In Connection with a Local Law to Change the Zoning District of Parcels Identified by SCTM Numbers: 900-207-5-3 & 4; 900-207-4-22.1, 23, 24 & 25; and 900-208-2-18.1 from Resort Waterfront Business (RWB) and Motel Business (MTL) to 'Canoe Place Inn (CPI), Canal& Eastern properties Maritime Planned Development District (CPICEMPDD), Hampton Bays CC: Guy Germano, Attorneys at Law Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg &Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk -Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Patricia Boudreau-Sullivan, Planning Secretary Janice Scherer Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Generated 10/23/2014 Page 1 Southampton Town Board - Letter Board Meeting of October 23, 2014 Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Alexandra Sullivan Kandice Cowell Kerri Meyer Kathleen Murray Amy Pfeiffer Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Janice Landis Mary Egan, HB CAC Simone Scotto Michael Dunn Eve Houlihan Sundy A. Schermeyer, Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman Paul Rubano Kim Myers John Capone, Network Admin Cindy Guerriero Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady, Assistant Michael Dunn Lars Clemensen, Superintendent Robert King Alex Gregor, Highway Superintendent Stella Michaels Christine Fetten Michael Charrier, Chair, ARB David G. Van Scoy, Sr., District Secretary Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 10/23/2014 Page 2 Southampton Town Board - Letter Board Meeting of October 23, 2014 TOWN BOARD RESOLUTION 2014-1068 Item #3.1 ADOPTED DOC 1D: 21099 Notice of Public Hearing In Connection with a Local Law to Change the Zoning District of Parcels Identified by SCTM Numbers: 900-207-5-3 & 4; 900-207-4-22.1 , 23, 24 & 25; and 900-208-2-18.1 from Resort Waterfront Business (RWB) and Motel Business (MTL) to `Canoe Place Inn (CPI), Canal & Eastern properties Maritime Planned Development District (CPICEMPDD)', Hampton Bays WHEREAS, on February 23, 2012, the Town Board of the Town of Southampton received a formal application for a Change of Zone to allow a Maritime Planned Development District (MPDD) on several properties in Hampton Bays; and WHEREAS, the application requests the re-zoning to facilitate the redevelopment of the Canoe Place Inn (CPI) site (SCTM No's: 900-207-5-3 & 4), as well as the neighboring Canal Property, which consists of four parcels located directly east of the Shinnecock Canal and north of Montauk Highway (SCTM No's: 900-207-4-22.1, 23, 24 & 25), and an Eastern Parcel, which consists of a single parcel located east of North Shore Road (CR 39), and north of Montauk Highway (SCTM No. 900-208-2-18.1); and WHEREAS, specifically, the proposal seeks to rezone (I) the CPI and Canal properties from their Resort Waterfront Business (RWB) designations to MPDD, and (ii) the Eastern Parcel from Motel Business (MTL) to MPDD; and WHEREAS, the proposed redevelopment of the CPI site includes renovating the historic CPI building for use as an inn with 20 units, a catering facility with a 350-person maximum room occupancy, a 70-seat restaurant with a 20-seat bar area and 120-seat outdoor seating, and the renovation of the five existing cottages on the property for extended stay non-residential guest units; the Canal Property is proposed to be redeveloped with a reduced yield of 37 townhouses with a 1,900 sq. ft. Clubhouse/amenity building, pool and private marina; the Eastern Parcel will contain a community sewage treatment system to handle the proposed townhouse development; and WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and WHEREAS, on March 27, 2012, by Resolution No. 433, the Town Board commenced the SEQRA process to coordinate lead agency; and WHEREAS, on May 8, 2012, by Resolution No. 570 of 2012, the Town Board adopted a Positive Declaration pursuant to the State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code for this change of zone application; and WHEREAS, on July 10, 2012 by Resolution No. 760, the Town Board issued a final written scope for the purposes of preparing a DEIS; and WHEREAS, the applicant submitted a revised DEIS on May 2, 2013 with additional Generated 10/23/2014 Page 3 Southampton Town Board - Letter Board Meeting of October 23, 2014 information given on May 9, 2013; and WHEREAS, on June 25, 2013 by Resolution No. 2013-672, the Town Board deemed the resubmitted Draft Environmental Impact Statement complete; and WHEREAS, public hearings were held on the DEIS on August 13, 2013, September 10, 2013, October 22, 2013 and December 10, 2013; and WHEREAS, on October 16, 2014 by Resolution No. 2014-1067 the Town Board accepted the Final Environmental Impact Statement (FEIS) and directed a Notice of Completion to be filed in the Environmental Notice Bulletin; and WHEREAS, all SEQRA findings shall be considered with a formal determination to be made by separate resolution prior to the adoption of the Local Law; and WHEREAS, based on the content and testimony at the DEIS hearings cited above as well as information in the Final Environmental Impact Statement, the local law has been drafted for consideration of the merits of the subject zone change; accordingly, the Town Board will afford the public the opportunity to review and comment on the revised plans contained in the FEIS and the corresponding local law; now therefore, BE IT HEREBY RESOLVED, the Town Clerk shall forward a copy of this resolution to the Suffolk County Planning Commission and Town Planning Board for review and recommendations; and BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on November 12, 2014 at 1:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Chapter 330, Article XXVI (Planned Development District), of the Code of the Town of Southampton by adding a new Section 330-248 (V) entitled 'Canoe Place Inn Canal Eastern Maritime PDD (CPICEMPDD)" which provides as follows: A LOCAL LAW amending Chapter 330 (Zoning) of the Town Code of the Town of Southampton by adding a new Section,§330-248V that rezones seven parcels of land on both the east and west sides of the Shinnecock Canal from Resort Waterfront Business (RWB) and Motel Business (MTL) to Maritime Planned Development District to facilitate the redevelopment of the Canoe Place Inn (CPI) site (SCTM No's: 900-207-5-3 & 4) to an inn/catering and restaurant use, as well as the neighboring Canal Property, which consists of four parcels located directly east of the Shinnecock Canal and north of Montauk Highway (SCTM No's: 900-207-4-22.1, 23, 24 & 25) to a 37 unit townhouse development, and an Eastern Parcel, which consists of a single parcel located east of North Shore Road (CR 39), and north of Montauk Highway (SCTM No. 900-208-2-18.1) to provide an off-site wastewater treatment plant (NitrexTM system), in the Hamlet of Hampton Bays. LOCAL LAW NO. of 2014 BE IT ENACTED, by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The "Canoe Place Inn, Canal and Eastern Property Maritime Planned Development District" (CPICEMPDD) has been structured to accomplish the findings, purpose and long term goals Generated 10/23/2014 Page 4 Southampton Town Board - Letter Board Meeting of October 23, 2014 established by the Town Board as part of Article XXVI ("Planned Development District"), of the Code of the Town of Southampton, and specifically those established under Section 330- 246(E), Maritime Planned Development District (MPDD). Said districts are intended to provide flexible residential and/or commercial development with predominantly water- dependent or water-enhanced uses, while maximizing the preservation of natural vegetation and resources. Clustering, open-space preservation, water access and the most efficient utilization of the waterfront, transportation systems, utilities and public services are to be achieved through a MPDD designation. In March 1999, the Town adopted the Southampton Tomorrow Comprehensive Plan Update Implementation Strategies ("The 1999 Update"). Today, the Town of Southampton's Comprehensive Plan ("The Plan") is comprised of the 1999 Update along with all subsequent adopted studies and zoning amendments that carry out the implementation strategies to achieve the Town's long-term goals, including the most recent Hampton Bays Corridor Strategic Plan and Cumulative Impact of Build-Out Study/GEIS and the Town of Southampton 400+ Sustainability Plan. The Hampton Bays Corridor Strategic Plan provides zoning, planning, and capital improvements recommendations to guide development along a portion of the Montauk Highway/East/West Main Street corridor from Jones Road in West Tiana to Peconic Road in Shinnecock Hills and includes several environmental protection, parks and open space recommendations. As outlined in the Hampton Bays Strategic Plan, relevant community goals and objectives for the Canoe Place Inn include: — Respecting the "legend"of the place, through such means as adaptive reuse of the existing Inn building, use of appropriately historical architectural styles and features on new construction; and historic exhibits commemorating the site's significance as the nation's oldest inn location, its role in the Revolutionary War as the site of Fort Lookout, and the Inn's 20th century history as host to a long series of celebrities. As the practicability of preserving and reusing the existing building has come into question, review of the PDD application should include an independent assessment from both structural and economic standpoints, with applicable tax credits and funding for preservation taken into account. — Continued public access to, and enjoyment of, the site through such uses as a restaurant, catering facility, hotel, conference center, spa, health club, etc. — Use of the facility by a transient, vacationing population rather than adding to the community's resident population, with its associated fiscal impacts. — Maintaining a scale proportionate to the property and the surrounding community. The massing and height of any new proposal should be analyzed for impacts on area aesthetics and community character, and the review process should include a visual analysis to illustrate the impacts of the proposal from key vantage points. Distribution of new bulk in a series of related buildings with varying sizes is preferred, based on the traditional scheme of a resort complex with main building, subordinate buildings and outlying cottages. — Use of the site to contribute to the hamlet's economic activity and vitality. Project review should include an assessment of potential impacts to area businesses. — Address potential impacts and benefits to the planned maritime park across Newtown Road to the east. Although the history of the CPI site and the maritime Generated 10/23/2014 Page 5 Southampton Town Board - Letter Board Meeting of October 23, 2014 history to be celebrated at the park are separate and distinct, the area would benefit from some joint site planning to avoid conflicts in access and circulation, plan for intermodal transportation connections, and ensure that the experience of the park is enhanced, rather than hampered, by the adjacent development. Redevelopment of the CPI site as a PDD would incorporate provisions for public benefits. As noted, a much desired public benefit for this project is preservation and adaptive reuse of the existing structure. The Hampton Bays DGEIS states: to the extent feasible, Town discretionary powers should be used to encourage rehabilitation and reuse of the existing Canoe Place Inn structure. Important features that cannot be preserved should be salvaged for use and display elsewhere. Require oversight of any building demolition and ground disturbance by a qualified archaeologist. CPI redevelopment should highlight its history via an exhibit on or near the site. For the eastern side of the Canal, the Strategic Plan points to points to a potential expansion of the Tiderunners restaurant into 'Canalside East,' a complex of shops and restaurants similar to the Gosman's Dock pierside development in Montauk. The most important component of the Canal property recommendation is the provision of a continuous public access esplanade along the canal front, allowing public pedestrian and water access at a lower level than the development above. Pursuant to §330-246(E), Maritime Planned Development Districts should be established where they are found to be "beneficial, compatible and harmonious with surrounding land uses, the goals and objectives set forth in this Article [XXVI], the Comprehensive Plan and Local Waterfront Revitalization Program (LWRP) must be maintained and furthered". The project's viability and appeal is based on its location along the Shinnecock Canal. The Canoe Place Inn rehabilitation plan is a direct result of the developer working with the community to formulate a plan for the adaptive reuse of this historic structure and iconic place that will serve as a defining showpiece for the Hamlet of Hampton Bays. In order to financially accomplish this, the developer has requested a rezoning to include parcels on the eastern side of the Shinnecock Canal to allow for the construction of thirty-seven (37) 3- bedroom residential townhomes with interior recreational space and pool, decks, parking and landscaping on the parcels that currently contain commercial uses (Tiderunners restaurant, Bait and Tackle Shop and other associated buildings),In the MPDD application, a type of development right or density transfer is proposed that transfers the existing development yield between the three subject sites. In this way, the pre-existing 29 inn and cottage units at CPI would be converted/transferred as residential density to the Canal property, leaving a deficit of 8 units (based on the 37 unit revised plan). The 25 potential motel units would be transferred from the Canal and Eastern Properties back to the CPI Property to allow for the 20 inn units and 5 cottages. The Eastern property would only be used as a type of infrastructure lot to contain the Nitrexrm Wastewater Treatment Facility (WWTF) that processes the sanitary discharge from the Canal Property townhomes and as such would be left with no associated development rights. Surrounding land uses include residential neighborhoods and marina uses, to which the project is considered to be compatible and harmonious. Section 330-5 of the Town Code defines a "water-enhanced use" as: Commercial, recreational or not-for-profit activity, facility and/or establishment that does not absolutely require a waterfront location in order to function, but which Generated 10/23/2014 Page 6 Southampton Town Board - Letter Board Meeting of October 23, 2014 contributes to the economic viability of water-dependent uses or which increases the public's enjoyment of the waterfront. Water-enhanced uses shall be construed to include restaurants; resort motels; bed-and-breakfasts; retail shops/outdoor markets; offices of marine-related services; marine-related not-for-profit philanthropic, fraternal, scientific research, social or educational institutional offices or meeting rooms; picnic grounds; public parks; maritime museums and outdoor theaters. The inn/catering with restaurant and cottage units at the Canoe Place Inn are considered to be water enhanced uses, while the proposed townhouses are not considered water enhanced as indicated above but are intended to be high-end second homes that will enhance the tourist nature of the area. Inasmuch as a significant portion of the project proposal is considered water-enhanced and the townhouse project provides opportunities for creating passive public access to the water along the property frontage of the Shinnecock Canal (as well as includes the accessory water-dependent viewing/fishing platform with associated parking), it is considered compatible with the goals and objectives of the Maritime PDD designation. In terms of the land use goals and objectives for implementing the Town's pending Water Protection Plan as well as the South Shore Estuary Reserve (SSER) and Peconic Estuary Plan (PEP CCMP), public and private development that brings people to the waterfront to live, eat, shop, relax, recreate and participate in cultural events is considered positive because, when done properly with the necessary environmental controls, it has the potential to foster a sense of connection with and stewardship of the Town's water resources. By constructing a boardwalk generally along the frontage of the Shinnecock Canal and providing the necessary legal instruments to ensure for public access to the waterfront along with the incorporation of a scenic viewing/fishing platform, this component of the project is considered to be consistent with the general philosophy of waterfront revitalization. In response to nitrogen management and the goals and objectives for water quality and sustainability, the Town Board recognizes the utmost importance of the project design's sensitivity to the impaired water quality of Shinnecock Bay and the Peconic Estuary and therefore the project in its entirety must remove more nitrogen than it discharges, i.e., achieve 100+% nitrogen reduction. In this way, the project is considered an innovative step toward sustainable land use design by addressing the nitrogen-induced water quality problems and will serve as a model for future projects that are situated in close proximity to surface water. The Town Board will also require that the Townhouse development achieve the highest energy rating in the Town Code Chapter 123 and the Canoe Place Inn achieve an energy star rating to the extent that is consistent with the historic rehabilitation program. By combining the sites into an overall Maritime PDD, the Town can therefore facilitate the rehabilitation of the historic CPI and reinforce the already strong tourism and second home industry, while simultaneously promoting year-round tourism. SECTION 2. Amendment. Chapter 330 is hereby amended by adding a new Section 248 V. as indicated by underlining as follows: V. Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD) LQ Purpose and Objectives. Generated 10/23/2014 Page 7 Southampton Town Board - Letter Board Meeting of October 23, 2014 Lal Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD) has been structured to accomplish the findings, purpose and long-term goals established by the Town Board as part of Article XXVI, Planned Development District, of the Town Code and those established for a Maritime Planned Development District (MPDD). The CPICEMPDD also supports implementation of the Town's Comprehensive Plan, particularly the goals, findings, policies and recommended actions. Specific Comprehensive Plan objectives achieved by the CPICEMPDD are as follows: (b) Protection of valuable natural, historic and scenic resources. (c) Maintain the existing nature of the local economy, while working to enhance the diversity of the economy for the future, particularly in the areas of tourism and the second home industry by protecting the Town's character and quality of place. to Devise strategies to maintain the historic character of the Town's hamlets and rural areas, with an increased emphasis on protecting historic landscapes and settings as well as individual structures. (e) Focus future visitor promotion on the shoulder seasons and on attractions that do not substantially increase summer peaks. Further, focus this investment on the western half of town, where there is a greater need for tax ratables and business center revitalization. (f) Promote small-scale overnight accommodations such as B&B's, inns and conference centers that will provide amenities without substantially increasing visitation. (g) Enhance the Town's cultural offerings, and the prestige and enjoyment of the Town's historic, architectural and scenic features. (h)The CPICEMPDD provides for: r1l A density transfer from the Canal (10 unit yield) and Eastern properties (15 unit yield) to the Canoe Place Inn for a total of 25 inn/motel units and from the Canoe Place Inn (28 unit yield) to the Canal property for a total of 28 townhouse units; f2l Rehabilitation of the Canoe Place Inn and its revitalization as the Hampton Bays meeting place for use as an inn, catering facility and restaurant; and I3l Development of a luxury waterfront townhouse community designed to attract second home vacationers to Hampton Bays. The Town Board recognizes that the redevelopment of these properties on either side of the Shinnecock Canal will enhance the Hampton Bays Montauk Highway corridor and complement the plans for the revitalization of the Shinnecock Canal area. I4l Based on the foregoing, the CPICEMPDD shall provide the following public benefits: jal Rehabilitation of the Canoe Place Inn for public use (inn, catering facility and restaurant), resulting in improved aesthetics and an architecturally Generated 10/23/2014 Page 8 Southampton Town Board - Letter Board Meeting of October 23, 2014 appealing structure on the site consistent with its history that is important to community character; Ibl New public access easement from North Shore Road over the Canal property with a viewing/fishing platform and boardwalk generally along the Shinnecock Canal extending from the southern property line adjoining Montauk Highway right of way to the northern property line adjoining the MTA property. u $250,000 contribution towards open space purchase; fdl Easement to the Town for public access to be used for passive recreation in connection with the Paumanok Path on the Eastern property fel Roadway safety improvements at the intersections of Montauk Highway (CR 80) and Newtown Road (CR 62) and Montauk Highway (CR 80) and North Shore Road (CR 39), subject to further approval of Suffolk County and the Town of Southampton; ffl Installation of alternative sewage treatment that will result in 100% nitrogen removal at the CPI property, including but not limited to the installation of a Permeable Reactive Barrier (PRB) along appropriate portions of the downgradient borders of the Canoe Place Inn property. [g] Improvements to the Shinnecock Canal Park such as perimeter fencing, benches and street trees; fhl Installation of sidewalks along all property frontages as well as extension of sidewalks in the right of way from the CPI property to the Canoe Place Road intersection and installation of roadway striping/crosswalks across Montauk Highway to reach the existing sidewalks on the south side of Montauk Highway at the Canoe Place Road intersection. fil The creation of an attractive public gateway into Hampton Bays. (2) District boundary. The Canoe Place Inn, Canal and Eastern Properties Maritime Planned Development District (CPICEMPDD) shall consist of the following seven (7) parcels. Two (2) parcels designated as Suffolk County Tax Map Nos. 0900-207-5-3 and 0900-207-5- 4, comprising 5.63 acres on the northwest corner of Montauk Highway and Newtown Road, Hampton Bays, Town of Southampton (hereinafter referred to as the "CPI"); four (4) parcels designated as Suffolk County Tax Map Nos. 0900-207-4-22.1, 0900-207-4- 23, 0900-207-4-24 and 0900-207-4-25, comprising a total of 4.50 acres and including a .52 acre under water lot located on the northwest corner of Montauk Highway and North Shore Road (hereinafter referred to as "Canal Townhouse Property"); and one (1) parcel designated as Suffolk County Tax Map No. 0900-208-2-18.1, comprised of 2.68 acres located on the northeast corner of North Shore Road and Canal Place Road, Hampton Bays, Town of Southampton (hereinafter referred to as the "Eastern Property"). All as shown on Topographical Survey of Property Situated in Hampton Bays prepared by JM Land Surveying, November 18, 2004 and Topographical Survey of Property Situate at Shinnecock Hills prepared by JM Land Surveying, November 14, 2006. ALL that certain plot, piece or parcel of land, situate, lying and being In the Town of Southampton, County of Suffolk and State of New York, being more particularly Generated 10/23/2014 Page 9 Southampton Town Board - Letter Board Meeting of October 23, 2014 bounded and described as follows: BEGINNING at a point on the Northwesterly side or County Road 39; where same is Intersected by the Northerly side of Montauk Highway RUNNING THENCE South 62 degrees 09 minutes 25 seconds West, 68.65 feet; RUNNING THENCE in a Westerly direction along the arc of a curve bearing to the left having a radius of 1,029.93 feet a distance of 71.27 feet; RUNNING THENCE North 86 degrees 10 minutes 19 seconds West, 152.18 feet; RUNNING THENCE North 49 degrees 50 minutes 43 seconds West, 12.14 feet; RUNNING THENCE North 05 degrees 11 minutes 03 seconds East, 41.69 feet; RUNNING THENCE North 60 degrees 12 minutes 51 seconds East, 14.17 feet; RUNNING THENCE North 06 degrees 52 minutes 19 seconds East, 20.33 feet; RUNNING THENCE North 10 degrees 55 minutes 17 seconds East, 11.15 feet to the Record North Road Line of (Old) Montauk Highway THENCE along the bulkhead of Shinnecock canal as it presently exists along tie lines the following Eighteen (18) courses and distances: 1. North 10 degrees 55 minutes 11 seconds East, 57.19 feet; 2. North 09 degrees 04 minutes 28 seconds East, 36.51 feet; 3. North 00 degrees 43 minutes 49 seconds East, 45.48 feet; 4. North 10 degrees 22 minutes 20 seconds West, 30.54 feet; 5. North 04 degrees 05 minutes 55 seconds East, 36.57 feet; 6. North 45 degrees 58 minutes 46 seconds West, 18.66 feet; 7. North 21 degrees 35 minutes 20 seconds West, 22.78 feet; S. North 19 degrees 29 minutes 11 seconds West, 25.20 feet; 9. South 84 degrees 15 minutes 16 seconds West, 7.93 feet; 10. North 30 degrees 35 minutes 30 seconds East, 3.61 feet; 11. North 03 degrees 36 minutes 08 seconds East, 56.07 feet; 12. North 11 degrees 39 minutes 17 seconds East, 91.31 feet; 13. North 27 degrees 26 minutes 50 seconds East, 21.49 feet; 14. North 14 degrees 04 minutes 03 seconds East, 11.21 feet; Generated 10/23/2014 Page 10 Southampton Town Board - Letter Board Meeting of October 23, 2014 15. North 13 degrees 23 minutes 29 seconds East, 43.46 feet; 16. North 10 degrees 08 minutes 04 seconds East, 81.51 feet; 17. North 00 degree 18 minutes 30 seconds West, 8.16 feet; 18. North 01 degrees 48 minutes 04 seconds East, 81.23 feet; 19. North 01 degrees 59 minutes 37 seconds East, 34.09 feet to lands now or formerly of the Long Island Railroad; THENCE along lands now or formerly of the Long Island Railroad the following Four (4) courses and distances: 1. North 60 degrees 50 minutes 10 seconds East 207.17 feet to a monument, 2. Along the arc of curve which bears to the right having a radius of 1,357.40 feet a distance of 58.35 feet (Deed) 59.09 feet (Actual) to a monument; 3. North 26 degrees 40 minutes 11 seconds West, 25.00 feet to a monument, 4. Along the arc of a curve which bears to the right having a radius of 1,382.40feet a distance of 65.88 feet (Deed) 66.98 feet (Actual) to the Westerly side of County Road 39; THENCE Southerly along the westerly side of County Road 39 the following Three() courses and distances: 1. South 18 degrees 41 minutes 00 seconds West, 272.26 feet (Deed) 273.07 feet (Actual) to a monument; 2. Along an arc of curve which bears to the left having a radius of 605.96 feet a distance of366.78 feet to a concrete monument; 3. South 15 degrees 59 minutes 50 seconds East, 135.25 feet; THENCE in a Southerly direction along the arc of a curve bearing to the right having a radius of 407.74 feet a distance of 144.22 feet; RUNNING THENCE South 04 degrees 16 minutes 07 seconds West, 45.69 feet to the point or place of BEGINNING. PARCEL II ALL that certain plot, piece or parcel of land, situate, lying and being at a place called Shinnecock Hills in the Town of Southampton, County of Suffolk and State of New York, known and designated as a portion of Lot No. 14, Block 115, on a certain map entitled, "Amended Map "A" of the Westerly part of Shinnecock Hills", and filed In the Office of the Clerk of the County of Suffolk as Map No.213 on the 22nd day of October, 1925, which premises are more particularly bounded and described as follows: BEGINNING at a monument set at the Intersection of the southerly line of lot 1, Paumanack Terrace, and the Easterly line of North Highway (County Road 39A); RUNNING THENCE Easterly along southerly line of said lot 1, a 20 foot right-of-way, and lot 8(Paumanok Terrace), North 85 degrees 53 minutes 30 seconds East a Generated 10/23/2014 Page 11 Southampton Town Board - Letter Board Meeting of October 23, 2014 distance of 455.22 feet to a point and the Westerly side of Wildwood Lane; RUNNING THENCE Southerly along said westerly side of Wildwood Lane, South 01 degree 35minutes 20 seconds East, 30.02 feet to a point and land now or formerly of Donald and Patricia O'Flaherty; RUNNING THENCE Westerly along the said lands now or formerly of Donald and Patricia O'Flaherty, South 85 degrees 53 minutes 30 seconds West, 323.00 feet; RUNNING THENCE Southerly along the said lands now or formerly of Donald and Patricia O'Flaherty, South 10 degrees 27 minutes 10 seconds East, 201.04 feet; RUNNING THENCE Easterly and still along the said land now or formerly of Donald and Patricia O'Flaherty, North 85 degrees 53 minutes 30 seconds East, 292.00 feet to a point and the Westerly side of Wildwood Lane; RUNNING THENCE Southerly along the said Westerly side of Wildwood Lane, South 01 degree 35minutes 20 seconds East, 184.11 feet to a monument; RUNNING THENCE still Southerly along the Westerly side of Wildwood Lane, on the arc of a regular curve to the right having a radius of 25.34 feet, a distance of 39.46 feet to a monument situate on the Northerly side of Canoe Place Road; RUNNING THENCE Westerly along the Northerly side of Canoe Place Road, South 87 degrees 38minutes 30 seconds West, 288.81 feet to a monument; RUNNING THENCE North 64 degrees 05 minutes 07 seconds West, 17.94 feet; RUNNING THENCE Northerly along the Easterly side of North Highway (County Road 39) the following Five (5) courses and distances: 1. On the arc of a regular curve to the right having a radius of 681.20 feet a distance of 230.00 feet to a monument, 2. North 15 degrees 59 minutes 35 seconds West, 52.69 feet to a monument, 3. South 74 degrees 00 minutes 19 seconds West, 2.00 feet; 4. North 15 degrees 59 minutes 41 seconds West, 3.76 feet; 5. On the arc of a regular curve to the right having a radius of 539.96 feet a distance of 153.03 feet to the point or place of BEGINNING. Permitted Uses. The following uses shall be permitted subject to site plan review and approval by the Planning Board and compliance with all applicable laws, rules and regulations: (a) Canoe Place Inn Property fit Catering facility, including outdoor event seating f2l Inn/motel units for transient stay as defined in . 3� 30-5 f3l Five (5) Non-residential, 'extended stay' resort cottage units, not to exceed a maximum of 30 days f4l Restaurant, cocktail lounge Generated 10/23/2014 Page 12 Southampton Town Board - Letter Board Meeting of October 23, 2014 f5l Customary accessory structures and uses incidental to the Canoe Place Inn including a gift shop, meeting and conference facilities, seasonal tents for events (in specified and approved areas only, and spa facilities for guests, as approved by the Planning Board. f6l Parking areas f7l Fences, retaining walls, trellis, walkways, decks and patios as approved by the Planning Board. (b) Canal Property fit Single-family attached townhouses f2l Marina to provide for the berthing of recreational watercraft; the total number of slips shall not exceed 17. f3l Recreation - indoor/outdoor recreation areas, swimming pool for use by quests and employees f4l Parking areas, including parking associated with the viewing/fishing platform and boardwalk access f5l Community recreation building/interior space not to exceed size limitations set forth herein f6l Fences, retaining walls, trellis, walkways, decks and patios as approved by the Planning Board (c) Eastern Property fit Wastewater treatment facility ("NitrexTM" system as approved by the Suffolk County Department of Health Services) and associated infrastructure/ maintenance access. (d) In no case shall any sculpture or art installation occur on any property included within the subject MPDD without prior Town Board review and approval. (5) Dimensional regulations. The following bulk area height and dimensional regulations shall apply within the CPICEMPDDD notwithstanding any provision in this Chapter to the contrary. The Planning Board may, through this site plan review process, modify the standards required herein provided that: no significant adverse environmental impact to the property or its surroundings will occur, the change is considered minor, and the modification would better achieve the goals and objectives of the MPDD as described herein. (a) CANOE PLACE INN fit Minimum lot area: 5 acres; f2l Maximum lot coverage (main and accessory building): 20%; Generated 10/23/2014 Page 13 Southampton Town Board - Letter Board Meeting of October 23, 2014 f3l Yards, principle building_ f4l Front #1 (Newtown Road): 10 feet f5l Front #2 (Montauk Highway): 50 feet f6l Side minimum for one: 50 feet fal Side total: 100 feet f bl 50 feet f7l Yards, accessory structures except fences and retaining walls: f8l Distance from street: 60 feet f9l Distance from side yard: N/A r101 Distance from rear yard: 10 feet fill Maximum Height: fal Canoe Place Inn, existing to remain; (connector area between inn and dance pavilion not to exceed 42 ft.) f 121 Off-Street parking setback: fal Newtown Road: 10 feet fbl Montauk Highway: 50 feet r131 Yield and Unit Size: fal The total number of hotel/inn units within the CPI main building shall not exceed twenty (20). fbl The total number of cottage units (as currently exist) shall not exceed five (5) and each shall not exceed the existing floor area or height maximum of 32 ft. fcl Restaurant, Bar, Catering Facility, Canoe Place Inn: fil Restaurant: 70 seats maximum fiil Bar/Lounge: 20 seats maximum fiiilOutdoor seating: 120 seats maximum fivlCatering: 350 seats maximum (b) CANAL PROPERTY: fit Minimum lot area: 40,000 sq. ft. Generated 10/23/2014 Page 14 Southampton Town Board - Letter Board Meeting of October 23, 2014 f2l Maximum lot coverage (main and accessory building): 20%; f3l Minimum lot area per attached dwelling unit: 4,500 SF; f4l Maximum floor area, recreational building: 2,000 SF; f5l Maximum height: fal Three stories f bl 32 feet f6l Yards, principle buildings: fal Front #1 (Shinnecock Canal): 8 feet fbl Front #2 (Montauk Highway): 25 feet fcl Side minimum for one (Railroad ROW) 18 feet fdl Rear (North Shore Road): 35 feet f7l Yards, accessory structures (except fences and retaining walls, as approved by the Planning Board): fal No accessory structures permitted fbl Off-Street parking setback: 5 feet f8l Transitional Yards adjoining residential districts: N/A f9l Pyramid Law: N/A r101 Yield and unit size: fal The total number of units shall not exceed 37 fbl The size of each unit shall not exceed 2,000 SF fcl The total amount of bedrooms shall not exceed 111 (c) EASTERN PROPERTY: fit Access. The sole access point to the Wastewater Treatment Facility (WWTF) shall be from Old Canoe Place Road. f2l Transitional Yards adjoining residential districts: fal 50 ft. from Wildwood Lane fbl 100 ft. from North Highway (N. Shore Road) f3l WWTF Maintenance Building Setbacks: Generated 10/23/2014 Page 15 Southampton Town Board - Letter Board Meeting of October 23, 2014 fal 60 ft. from Old Canoe Place Road fbl 120 ft. from North Highway fcl 180 ft. from Wildwood Lane fdl 100 ft. from Northern Property Line f4l Clearing restriction. 30% (0.81 acres) maximum (6) General development standards. To ensure consistency with the findings, purpose, goals and general development standards established for planned development districts, all development shall conform to § 330-240 and 330-245 of the Code of the Town of Southampton to the extent the provisions of § 330-240 and 330-245 are not inconsistent with the CPICEMPDD. (7) Specific development standards. (a) A site plan must be submitted to the Town of Southampton Planning Board for review and approval pursuant to X330-243 B and §_ 330-181 through 330-184.1 of the Town Code of the Town of Southampton. The proposed development shall be consistent with the conceptual plans entitled R Squared Canoe Place Inn Montauk Highway and New Town Road, Hampton Bays dated July 27, 2012 and last revised April 8, 2014; and R Squared Canal Properties North Shore Road and Canoe Place Road, Hampton Bays, dated August 12, 2011 and last revised April 8, 2014; subject to revisions that conform to dimensional requirements and other performance standards outlined herein. (b) The Town of Southampton Planning Board, in reviewing and approving a final site plan, shall ensure that the plan conforms to the requirements and intent of the CPICEMPD. (c) All new construction shall be subject to the review of the Board of Architectural Review, pursuant to Article XIX of this chapter. (d) Site plan elements, Canoe Place Inn: fit Architecture and design. The rehabilitation of the Canoe Place Inn building and pre-existing cottages shall be similar to the height and footprint of current conditions and consistent with the height and footprint of the building and cottages prior to World War II. f2l The existing number of stories and height of the Canoe Place Inn structure shall be maintained as currently exist except in the connector area between the inn and dance pavilion as shown in the Canoe Place Inn concept plans which will exceed its current height but will not exceed the highest part of the structure (42 f th f3l Utilities and services. [a] Water supply. The CPICEMPDDD development shall be served by public water, designed in accordance with the specifications of the Hampton Bays Water Generated 10/23/2014 Page 16 Southampton Town Board - Letter Board Meeting of October 23, 2014 District. All necessary approvals shall be obtained from the Hampton Bays Water District for water supply. For the purpose of fire protection, the Planning Board shall solicit comments and review from the Fire Marshal pursuant to X330-184C. fbl Sanitary Sewage and nitrogen mitigation. Installation of a new conventional on-site sanitary treatment system including septic tank and leaching pool and installation and use of a PRB along appropriate portions of the downgradient borders of the property to remove nitrogen from the new on-site sanitary system as well as non-project wastewater such as stormwater and off-site, upgradient locations. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal; fcl Drainage. Stormwater drainage systems shall be designed so that all potential runoff will be recharged on-site. The calculation of stormwater retention and the design of the drainage system shall be subject to review and approval of the Town Engineer. fdl Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse shall be in rodent proof containers conveniently located and enclosed or otherwise screened from view pursuant to X330-109. Regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep where necessary. [e] Utilities and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service, shall be placed underground where possible. Utility meters and other appurtenances shall be screened by lattice enclosures and/or landscaping to soften appearance. Condensing units and other mechanical systems shall likewise be screened, to be determined by the Planning Board. f4l The rehabilitation of the Canoe Place Inn structure will be accomplished in such a manner so as to bring the Inn's essential visual characteristics back to its historically significant period between1922 and World War II and return the site to its former position as an important asset to the community. The key design elements of the rehabilitation shall include: fal Regarding along Montauk Highway to expose the full height of the existing building. fbl The currently existing portions and essential visual characteristics of the pre- World War II construction will remain and be rehabilitated, which will include the retention of as much of the historic fabric of the building as practicable. The Planning Board shall require submittal of construction drawings that specifically identify what historic fabric is being saved, and which elements are being used to base new replacement materials where existing materials are beyond their useful life. A local architectural preservation consultant qualified by the Planning Board shall be retained to review construction drawings and the historic rehabilitation program as well as to be available for consultation and supervision during the rehabilitation of the CPI site in connection with this requirement. Generated 10/23/2014 Page 17 Southampton Town Board - Letter Board Meeting of October 23, 2014 fcl The connector, bar and kitchen additions built between the inn and pavilion after 1922, not part of the essential character of the inn building and/or the dancing pavilion, will be replaced with new construction more in keeping with the historic design of the inn and visual character of the inn and pavilion during its historic period. The reconstruction of this area shall be done in such a manner so as not to disturb or destruct the rest of the CPI building under rehabilitation. fdl The first floor of the inn and pavilion will be refurbished with casements and lattice work consistent with that shown in the historic photographs and as approved by the Planning Board and Architectural Review Board. fel The 1950's and later roof shingles will be replaced with a more traditional color and texture to be visually consistent with the roof as shown in the historic photographs and approved by the Planning Board and Architectural Review Board. ffl Site access will be limited to one curb cut on Montauk Highway and one curb cut on Newtown Road, subject to Suffolk County Department of Public Works approval. fal Portions of the inn interior from the historically significant period that remain and can be reused and/or repaired will be, particularly in the dance pavilion. Other areas will be renovated with finishes that match the visual character of the inn from the historically significant period. fhl A new, formal drop-off will be located consistent with the historic drop off and front door to the inn between the building and Montauk Highway along with new landscaping which will be installed throughout the site including new pathways, parking and lawns where the existing_gravel parking lot is located. fil The new lobby for the inn and pavilion will be located in the new "connector" and recreate the original, formal entry sequence shown in old photographs and drawings. f51 Parking shall be provided as shown on the Canoe Place Inn Concept Site Plan as follows: fal 122 standard stalls fbl 6 handicap stalls fcl 108 even valet stalls f61 Landscaping. The applicant shall be required to prepare and submit a comprehensive landscape plan for review and approval by the Planning Board, including, but not limited to, the following_ fal Landscaping along roadway frontages, including but not limited to street trees, ornamental shrubs and flowers. fbl A landscape planting area shall be provided next to all sidewalks through the development and panted with deciduous street trees at a consistent spacing Generated 10/23/2014 Page 18 Southampton Town Board - Letter Board Meeting of October 23, 2014 (minimum: 22 feet on-center; maximum: 35 feet on-center). f71 Exterior lighting. A lighting plan shall be submitted for review and approval as part of the overall plan submission for the development in accordance with Article XXIX, Outdoor Lighting of the Town Code. f81 Signage. All signage shall be consistent with Article XXII (Signs) of the Town Code except where provided for herein. f91 Energy. To the maximum extent practicable, the Planning Board shall require energy conservation measures for the CPI rehabilitation to meet the requirements of Chapter 123-38 for incorporation into building and site designs (e.g., Energy Star® water conservation/low-flow irrigation, etc.). (e) Site plan elements, Canal property Townhouses: fit Architecture and design. Building construction and design shall reflect traditional "bay homes" architecture of this area of the Hamptons, with consideration being given to the special character of Southampton as a rural and resort community. f21 Requirements. Buildings shall have a common design theme that provides design coherence while allowing variety and character for individual buildings within the project. The design shall maintain proportion, scale and massing with details appropriate to the architectural style emulated. In the choice of exterior finishes, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. Walls and roofs shall include separations, changes in plan and height, and architectural elements such as porches, dormers and cross- gables. Techniques for complying with this requirement include, but are not limited to: fal Fagade modulation (e.g., stepping back or extending forward portion of the fagade for each interval) to minimize bulk and massing of buildings. [b] Articulating each interval with architectural elements such as porches, balconies, bay windows, etc. [c] Articulating the roof line by stepping the roof and by emphasizing dormers, chimneys or gables. fdl Providing a ground- or wall-mounted fixture, a trellis, a tree or other site feature within each interval. fel Use of consistent detailing of finishes, terminations and other architectural elements within the variety of building to building required. f31 Exterior. Facades of dwelling units shall be designed to avoid monotony and blank walls on all four facades. The exterior of the dwelling units shall be constructed with Hardi-Plank or similar quality material. f41 Energy. To the maximum extent practicable, the Planning Board shall require energy conservation measures to meet the minimum home energy rating index as defined in the Town's building code [Chapter 123-37A(4)1 for incorporation into building and site designs (e.g., Energy Star® water conservation/low-flow Generated 10/23/2014 Page 19 Southampton Town Board - Letter Board Meeting of October 23, 2014 irrigation, etc.). f5l Noise. During site plan review, the Planning Board shall assess and determine the need for noise attenuating structures and/or building materials. [6] Privacy. Buildings shall be oriented to provide privacy for residents and visitors, to the extent practicable, both within the project and in relation to the surrounding properties. Techniques for complying with this requirement include, but are not limited to: fal Staggering windows to avoid aligning with adjacent windows. fbl Increasing the side or rear yard setback, or creating balconies and porches at upper floors so that window areas are farther from the property line. fcl Any proposed fencing shall be part of a coordinated plan for the entire site and consistent with X330-109. fdl Gatehouse or driveway entrance gates shall not be permitted. fel Utilities and services. fil Water supply. The CPICEMPD development shall be served by public water, designed in accordance with the specifications of the Hampton Bays Water District, including the necessary installation of a second water main crossing the Shinnecock Canal. All approvals shall be obtained from the Hampton Bays Water District for water supply and fire protection. For the purpose of fire protection, the Planning Board shall also solicit comments and review from the Fire Marshal pursuant to X330-184C. fiil Sanitary Sewage. A Nitrexrm Wastewater Treatment Facility, shall be constructed on the Eastern Property to service the Canal property Townhouses. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal. fiii]Drainage. Stormwater drainage systems shall be designed so that all potential runoff will be recharged on-site. The calculation of stormwater retention and the design of the drainage system shall be subject to review and approval of the Town Engineer. fiv]Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse shall be in rodent proof containers conveniently located and enclosed or otherwise screened from view. Regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep where necessary. [v] Utilities and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service shall be placed underground. Utility meters and other appurtenances shall be screened by landscaping or other approved method to soften appearance. Condensing units and other mechanical systems shall likewise be screened, to be determined by the Planning Board. Generated 10/23/2014 Page 20 Southampton Town Board - Letter Board Meeting of October 23, 2014 ffl Common space. In order to provide focal points for community recreation and interaction that adds to the overall quality of life for residents, common open space areas shall be integrated purposefully into the overall design and not be residual areas left over after buildings and parking lots are sited, including an on-site community recreational area, pool and deck area. fal Private outdoor space. Each individual dwelling unit shall be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves. To avoid the possibility of disparate building materials that may affect the appearance of the overall development, all private outdoor spaces shall be subject to review and approval by the Planning Board as part of the site plan submission for the entire development. fhl Pedestrian circulation. Pathways shall be utilized throughout the development to connect all housing units to the common space areas and active and passive recreation areas. Pathways shall be sufficiently wide to accommodate walkers, joggers and bicyclists and should be easily accessed from all housing units. Park benches and suitable resting places along pedestrian pathways and walking trails may be provided to encourage outdoor activity. fil Landscaping. The applicant shall be required to prepare and submit a comprehensive landscape plan for review and approval by the Planning Board, including, but not limited to, the following_ fil Landscaping along North Shore Road, including but not limited to street trees, ornamental shrubs and flowers. fiil A landscape planting area shall be provided next to all sidewalks through the development and planted with deciduous street trees at a consistent spacing (minimum: 22 feet on-center; maximum: 35 feet on-center). fiii]A 25-foot wide natural buffer shall be created along the southern portion of the Canal property waterfront, landward of the water's edge. fjl Exterior lighting. Exterior lighting. A lighting plan shall be submitted for review and approval as part of the overall plan submission for the development in accordance with Article XXIX, Outdoor Lighting of the Town Code. f kl Parking_ fil Pursuant to X330-94, the CPICEMPDD development shall use the parking calculation of 2.5 spaces per dwelling unit including 19 land-banked spaces plus 5 public spaces, and shall include a sufficient amount of handicap-accessible spaces. fiil Where provided, internal planting islands shall include trees and appropriate groundcover to be located in or along the perimeter of the parking lot. fiii]Parking spaces shall in no case be considered an "extra" or an "upgrade" Generated 10/23/2014 Page 21 Southampton Town Board - Letter Board Meeting of October 23, 2014 for any dwelling unit in the development. fll Signage. Ground signage at the Canoe Place Inn shall be consistent with the 1922 design theme and shall not exceed the maximum dimensions permitted within the Sign Code for RWB districts. Residential identification signage shall not be permitted at the Canal property and only warnings/placards as required by law shall be permitted for the Eastern Property WWTF. fm]Life-safety requirements. fil In accordance with the recommendations of the Hampton Bays Fire District, all attached dwelling units shall be equipped with fire sprinklers as per the National Fire Protection Association NFPA Life-Safety residential code. fiil All basements, if any, shall have outside entrances; fiii]Coordination with the Hampton Bays Fire District is required in the event that a central alarm system is proposed for installation. fiv]Common attics and basements or crawl spaces shall be prohibited. fvl Fire hydrants shall be required in such number and location as determined by the Planning Board during site plan review, after referral to the Fire Marshal and fire district having_jurisdiction. (8) Conditions. As a requirement of the CPICEMPDD and with adoption of same, said district shall at all times hereinafter be maintained and be subject to the requirements established under the provisions herein. To that end, covenants and restrictions approved by the Town Attorney's office and recorded with the Suffolk County Clerk's office prior to the issuance of a building permit shall be filed on the subject parcel(s) providing the following_ (a) Canoe Place Inn: fit The permitting process for Canoe Place Inn and the Canal Townhomes will occur simultaneously and construction will commence within 90 days of issuance of a Building Permit. f2l Roadway improvements at the intersection of Montauk Highway (CR 80) and Newtown Road (CR 62) will occur in substantial conformance with the Canoe Place Inn Concept Site Plan and as approved by the Suffolk County Department of Public Works, shall be constructed by the owner prior to the issuance of a certificate of occupancy for the Canoe Place Inn building_ f3l All outdoor events, including outdoor parties, weddings and other events, shall be held only in the "outdoor tent area" as shown on the Canoe Place Inn conceptual site plan and the final approved site plan for Canoe Place Inn. f4lOutdoor musical events will be restricted to noon to 10:00 PM on Sundays through Thursdays and noon to midnight on Fridays and Saturdays. f5l Music sound from outdoor events shall not exceed the decibel levels provided in Generated 10/23/2014 Page 22 Southampton Town Board - Letter Board Meeting of October 23, 2014 Chapter 235 at or beyond the line of the property on which such noise is being generated. (b) Canal Townhouse Eastern Property. fit No dwelling unit shall be eligible for an accessory apartment permit as defined in Town Code §_ 330-11.1 and 330-11.2. f2l Prior to the issuance of a building permit, the applicant shall comply with the provisions of the Long Island Workforce Housing Act. f3l Individual residents shall not alter or change exterior facades, construct additions or any other type of appurtenance other than those approved by the Planning Board through the site plan process. f4l Failure to file these covenants prior to prior to signature of the approved site plan in accordance herewith shall be deemed a violation of the conditions of this zoning approval and may be grounds for the Town to initiate proceedings to withhold the issuance of a building permit to the subject parcel(s) back to its/their prior zoning classification after a public hearing. f5l The Eastern Property shall have no associated development rights and be forever limited to the construction of the Nitrex System, maintenance building, access road and fence. f6l A 30-foot wide easement running along the northern boundary of the Eastern Property shall be deeded to the Town of Southampton for passive recreational pedestrian access to the Paumanok Path. f7l A public passive recreational easement running along a walkway to a viewing platform (to be constructed by the owner) at the southwest corner of the Canal Property on the Shinnecock Canal and a pedestrian access walkway (to be constructed by the owner) from the viewing platform extending north generally along the Shinnecock Canal to adjoin to the MTA property, shall be deeded to the Town of Southampton. f8l A five-car parking area and pedestrian access walk shall be constructed in the Montauk Highway (CR 80) right-of-way along the southern boundary of the Canal Property from North Shore Road (CR 39) to the public viewing platform also to be constructed by the owner prior to the issuance of a certificate of occupancy for the last building in Phase I of the Townhouse development. Construction shall be subject to all necessary governmental approvals. f9l Roadway improvements to the intersection of Montauk Highway (CR 80) and North Shore Road (CR 39) in substantial conformance with the Canal Eastern Property Concept Site Plan and as approved by the Suffolk County Department of Public Works, shall be constructed by the owner prior to the issuance of a certificate of occupancy for the last Townhouse building to be constructed. r101 All covenants and restrictions required by the Town Board as conditions of approval shall only be modified, waived, amended, repealed or terminated, by the Town Board, after a public hearing and a Town Board approval by a majority plus one. Generated 10/23/2014 Page 23 Southampton Town Board - Letter Board Meeting of October 23, 2014 f 11] Any violation of the covenants and restrictions filed in connection with this PDD shall also be deemed a violation of this chapter, and the Town Board may avail itself of any and all remedies allowed by law. Further, as any violation shall be deemed a Southampton Town Code Zoning violation under Chapter 330 this will subject the applicant and property owners to any and all applicable fines and remedies thereunder. (c) Concurrent with the issuance of the initial building permit, the applicant shall remit a one-time payment to the Town Board of the monetary sum of $250,000 to be used for open space acquisition, Pine Barren/development right purchase, recreation or similar purposes within the boundaries of the Hampton Bays Union Free School District. (d) A comprehensive and unified pedestrian access and circulation plan shall be submitted with the final site plan. The plan shall incorporate public sidewalks, streetscape improvements including trees and the internal pedestrian circulation for the public viewing platform and boardwalk access. The applicant shall also provide an additional specific community benefit and amenity in the form of public sidewalk extending in the right of way and pavement striping/crosswalk to connect to the southern side of Montauk Highway across from Canoe Place Road. (e) No deciduous tree existing or established as part of the CPICEMPD shall be topped during ordinary maintenance. For the purpose of this section, "topping" shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal tree canopy and disfigure the tree. (f) With the exception of one-time signage that may be permitted during the initial "grand opening" period, if any (the timeframes, location and specific nature of such "grand opening" or promotional signage shall be reviewed and approved by the Planning Board as part of the site plan submission); temporary signs, boards or banners for advertisements, promotions, events, etc. of any kind that are freestanding or affixed/attached to the CPI building are prohibited. (g) A phasing plan shall be submitted as part of the site plan application, reviewed and approved by the Planning Board for the construction of the townhouses and the CPI rehabilitation. Prior to the issuance of the thirteenth (13) Certificate of Occupancy for the Canal Townhouses, the Certificate of Occupancy shall be issued for all elements contained within the Canoe Place Inn site plan. (h) Construction drawings and plans for CPI shall be submitted to the Planning Board that identifies the process for which elements of the existing historic building are worthy of preservation and how those elements are to be preserved/construction methodology during the rehabilitation of the structure. In addition, for the elements that are in such poor condition that they cannot be preserved, a procedure should be identified for determining new replacement materials with the intent of preserving as much of the historic fabric of the building to the maximum extent possible. In order to insure compliance with this provision, a local architectural preservation consultant qualified by the Planning Board shall be hired to review said plan as well as to be available for consultation and supervision during the rehabilitation of the CPI site. SECTION 4. Authority. Generated 10/23/2014 Page 24 Southampton Town Board - Letter Board Meeting of October 23, 2014 The Town Board is authorized to amend its zoning map and make local laws for Planned Development Districts pursuant to Article 16 of the State of New York Town Law. SECTION S. Effective Date. This local law shall take effect upon the filing of this Local Law with the Secretary of State pursuant to the Municipal Home Rule Law. Pursuant to X330-2441, this local law shall expire 36 months after the date of approval by the Town Board unless the appropriate Planning Board approvals have been obtained and substantial construction has begun. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not effect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that, a public hearing shall be held by the Town Board of the Town of Southampton on November 12, 2014 at 1:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Chapter 330, Article XXVI (Planned Development District), of the Code of the Town of Southampton by adding a new Section 330-248 (V) entitled "Canoe Place Inn Canal Eastern Maritime PDD (CPICEMPDD)" A LOCAL LAW amending Chapter 330 (Zoning) of the Town Code of the Town of Southampton by adding a new Section, §330-248V that rezones seven parcels of land on both the east and west sides of the Shinnecock Canal from Resort Waterfront Business (RWB) and Motel Business (MTL) to Maritime Planned Development District to facilitate the redevelopment of the Canoe Place Inn (CPI) site (SCTM No's: 900-207-5-3 & 4) to an inn/catering and restaurant use, as well as the neighboring Canal Property, which consists of four parcels located directly east of the Shinnecock Canal and north of Montauk Highway (SCTM No's: 900-207-4-22.1, 23, 24 & 25) to a 37 unit townhouse development, and an Eastern Parcel, which consists of a single parcel located east of North Shore Road (CR 39), and north of Montauk Highway (SCTM No. 900-208-2-18.1) to provide an off-site wastewater treatment plant (NitrexTM system), in the Hamlet of Hampton Bays. Copies of the proposed local law, sponsored by Supervisor Anna Throne-Hoist are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None Generated 10/23/2014 Page 25 Southampton Town Board - Letter Board Meeting of October 23, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Bridget Fleming, Councilwoman SECONDER: Christine Preston Scalera, Councilwoman AYES: Bradley Bender, Christine Preston Scalera, Bridget Fleming, Stan Glinka ABSENT: Anna Throne-Hoist Generated 10/23/2014 Page 26