[Amended 4-19-1971; 2-20-1979 by L.L. No. 1-1979; 7-7-1980 by L.L. No. 3-1980; 8-17-1981 by L.L. No. 1-1981; 6-17-1985 by L.L. No. 2-1985; 4-18-1988 by L.L. No. 2-1988; 6-28-1989 by L.L. No. 4-1989; 4-20-1992 by L.L. No. 1-1992; 5-15-1995 by L.L. No. 1-1995; 10-21-2002 by L.L. No. 3-2002]
A. Lot requirements. Subject to the exceptions specified in §
205-64 of this chapter, no building shall hereafter be erected, altered or enlarged in the Residence A-1 District, except on a lot for which each principal building, together with its accessory buildings, complies with the following:
(1) If the lot is vacant, contains a net lot area of at
least two acres, but shall not be required to be more than five gross
acres, and contains a potential building site; or
(2) If the lot is improved, contains a net lot area of
at least two acres, but shall not be required to be more than five
gross acres, and contains an existing building site; or
(3) If the lot contains neither a potential nor existing
building site of 20,000 square feet, and contains at least five gross
acres.
(4) The building area for the principal building shall
not exceed 7 1/2% of the area of the gross lot area, and the aggregate
building area (including the principal and every accessory building)
shall not exceed 15% of the gross lot area, except that, in the case
of a guesthouse or a building used as a dwelling by an employee, such
accessory building, together with the principal building, shall be
located on a lot of at least three acres of gross lot area, and the
aggregate building area (including the principal and every accessory
building) shall not exceed 15% of the gross lot area.
(5) Further, no single accessory building, except for
an accessory building without a roof or enclosing walls, shall have
a gross floor area which exceeds 1,000 square feet, or a height which
exceeds 1 1/2 stories, and shall have no habitable area within the
half stories of the structure.
(6) A perimeter not in excess of 800 linear feet for each
one acre of area; and the width of such lot shall at no point be less
than 20 feet.
(7) A front lot line frontage of at least 175 feet, except
that where such frontage coincides with the circumference of a turnaround
at the extremity of a dead-end road, such front lot line frontage
shall be at least 90 feet.
(8) A lot width of at least 200 feet and a lot depth of
at least 200 feet.
B. Gross floor area and setbacks. Subject to the exceptions specified in §
205-64 of this chapter, and subject to review in accordance with §
205-34 of this chapter, no building shall hereafter be erected, altered or enlarged in the Residence A-1 District unless:
(1) If it is a principal building where the gross floor
area does not exceed 6,000 square feet, it shall then be set back
at least 60 feet from the front lot line and at least 40 feet from
every other boundary line of the lot. However, if it is a principal
building where the gross floor area exceeds 6,000 square feet, it
shall then be set back at least an additional 3% of 60 feet from every
street line and at least an additional 3% of 40 feet from every other
boundary line of the lot for every 1% which such gross floor area
exceeds 6,000 square feet. In addition, if the lot on which such building
is located has a bluff which is adjacent to tidal water and which
has an elevation of over 10 feet above mean high water, then such
building shall be set back from the top edge of the bluff at least
a distance equal to twice the elevation of the bluff above mean sea
level; provided, however, that the Building Inspector may permit a
setback of less than twice the elevation if the face of the bluff
is covered with well-established, dense vegetation and the toe of
the bluff is protected from wave erosion by an artificial or natural
barrier, and further provided that no building shall be located any
closer than 50 feet to the top edge of the bluff.
(2) If it is a principal building, its maximum gross floor area shall be calculated as follows: Maximum gross floor area = 6,000 square feet + [(gross lot area - 87,120 square feet) x 0.0229569]. Notwithstanding the gross lot area of an existing legal lot, no principal building shall be required to be less than 6,000 square feet by the application of this section. For the purposes of this Subsection
B(2), the first 800 square feet of that part of the principal building that is a garage shall not be counted in the computation of maximum gross floor area.
(3) If it is an accessory building, it shall be set back
at least 100 feet from every street line and at least 40 feet from
every other boundary line of the lot, except that:
(a)
A garage may be set back at the same distance as the principal
building from the street line, but not less than 60 feet.
[Amended 11-18-2013 by L.L. No. 5-2013]
[1]
Each lot less than three acres and improved with a principal
structure may have a maximum of one attached garage and one accessory
garage.
[2]
Each lot having at least three acres or up to four acres and
improved with a principal structure may have an attached garage and
a maximum of two separate accessory garages.
[3]
Each lot containing 4 acres or more and improved with a principal
structure may have an attached garage and a maximum of three separate
accessory garage structures.
(b)
A riding ring, paddock, corral or other roofless,
fenced enclosure for animals may be set back no less than 20 feet
from every street line and from any other boundary line.
(c)
A swimming pool and its appurtenant structures
shall be set back at least 100 feet from every street line and 50
feet from every other boundary line.
(d)
A tennis court and its appurtenant structures
shall be set back not less than 100 feet from every street line and
not less than 50 feet from any other boundary line. No outdoor tennis
court shall be illuminated by artificial lighting.
(e)
If the lot on which such building is located
has a bluff which is adjacent to tidal water and which has an elevation
of over 10 feet above mean high water, then such building shall be
set back from the top edge of the bluff a distance equal to twice
the elevation of the bluff above mean sea level; provided, however,
that the Building Inspector may permit a setback of less than twice
the elevation if the face of the bluff is covered with well-established,
dense vegetation and the toe of the bluff is protected from wave erosion
by an artificial or natural barrier and further provided that no building
shall be located any closer than 50 feet from the top edge of the
bluff.
(f)
LPG tanks, oil tanks, generators or air-conditioning units located within five feet of the building they serve may extend into the required setbacks if the building such structure serves is located at or greater than the setbacks required by the §
205-6.
(4) If it is a dish-type communications antenna, the Building
Inspector shall require that such antenna be concealed from neighboring
properties by an enclosure in harmony with the architectural and aesthetic
design of the structure on which it is located or to which it is attached
or, if it is a freestanding antenna, that it be concealed with appropriate
screen planting so as not to be visible from neighboring properties.
C. Roofs. No principal building having a pitched roof
shall have a building height exceeding 35 feet or be more than 2 1/2
stories. No principal building having any other type of roof structure
shall exceed 25 feet and two stories in building height. No accessory
building having a pitched roof shall exceed 25 feet or 1 1/2 stories
in building height. No accessory building having any other type of
roof structure shall exceed 12 feet and one story in building height.
D. Habitable area.
(1) Every principal residence building hereafter erected,
moved into the Village limits or altered shall have a habitable area
of not less than the following:
(a)
One story: 1,250 square feet.
(b)
One and one-half stories: 1,500 square feet.
(c)
Two stories: 1,800 square feet.
(2) In no case shall the habitable area of the first floor
of one-and-one-half- or two-story houses be less than 1,000 square
feet.
(3) No room, except bathrooms and closets, shall be less
than 80 square feet in area.
E. Drainage. Subject to the exceptions specified in §
205-64 of this chapter, and subject to review in accordance with §
205-34 of this chapter, no building permit shall be issued for the erection, alteration or enlargement of a building or structure unless the application for the same is accompanied by a drainage plan showing the installation of on-site drainage facilities as determined necessary by the Building Inspector or Village Engineer to properly drain the new impervious surfaces relating to the new construction (including but not limited to roofs, terraces, patios and driveways, athletic courts and the like). The drainage plan shall be approved by the Building Inspector or the Village Engineer so as to handle a minimum of a two-inch rainfall in 24 hours, subject to additional capacity being required due to individual site conditions. All drainage facilities shall be installed in accordance with the approved plan before a certificate of occupancy is issued for the new structure.
F. Buffer area. See §
183-6.
[Amended 10-17-2023 by L.L. No. 4-2023]
G. A sports or recreation court and its appurtenant structures shall be set back not less than 100 feet from every street line and not less than 50 feet from any other boundary line. A sports or recreation court may not be illuminated by artificial lighting and shall be screen planted in accordance with §
205-34B.
[Added 9-20-2004 by L.L. No. 2-2004]
[Added 1-19-2010 by L.L. No. 1-2010]
A. Lot requirements. Subject to the exceptions specified in §
205-64 of this chapter, no building shall hereafter be erected, altered or enlarged in the Residence A-2 District, except on a lot for which each principal building, together with its accessory buildings, complies with the following:
(1)
If the lot is vacant, contains a net lot area of at least four
acres, but shall not be required to be more than seven gross acres,
and contains a potential building site; or
(2)
If the lot is improved, contains a net lot area of at least
four acres, but shall not be required to be more than seven gross
acres, and contains an existing building site; or
(3)
If the lot contains neither a potential nor existing building
site of 20,000 square feet, and contains at least seven gross acres.
(4)
The building area for the principal building shall not exceed
5% of the area of the gross lot area, and the aggregate building area
(including the principal and every accessory building) shall not exceed
10% of the gross lot area, except that, in the case of a guesthouse
or a building used as a dwelling by an employee, such accessory building,
together with the principal building, shall be located on a lot of
at least five acres of gross lot area, and the aggregate building
area (including the principal and every accessory building) shall
not exceed 10% of the gross lot area.
(5)
Further, no single accessory building, except for an accessory
building without a roof or enclosing walls, shall have a gross floor
area which exceeds 1,000 square feet, or a height which exceeds 1 1/2
stories, and shall have no habitable area within the half stories
of the structure.
(6)
A perimeter not in excess of 800 linear feet for each one acre
of area; and the width of such lot shall at no point be less than
40 feet.
(7)
A front lot line frontage of at least 265 feet, except that
where such frontage coincides with the circumference of a turnaround
at the extremity of a dead-end road, such front lot line frontage
shall be at least 135 feet.
(8)
A lot width of at least 300 feet and a lot depth of at least
300 feet.
B. Gross floor area and setbacks. Subject to the exceptions specified in §
205-64 of this chapter, and subject to review in accordance with §
205-34 of this chapter, no building shall hereafter be erected, altered or enlarged in the Residence A-2 District unless:
(1)
If it is a principal building where the gross floor area does
not exceed 8,000 square feet, it shall then be set back at least 120
feet from the front lot line and at least 80 feet from every other
boundary line of the lot. However, if it is a principal building where
the gross floor area exceeds 8,000 square feet, it shall then be set
back at least an additional 3% of 120 feet from every street line
and at least an additional 3% of 80 feet from every other boundary
line of the lot for every 1% which such gross floor area exceeds 8,000
square feet. In addition, if the lot on which such building is located
has a bluff which is adjacent to tidal water and which has an elevation
of over 10 feet above mean high water, then such building shall be
set back from the top edge of the bluff at least a distance equal
to twice the elevation of the bluff above mean sea level; provided,
however, that the Building Inspector may permit a setback of less
than twice the elevation if the face of the bluff is covered with
well-established, dense vegetation and the toe of the bluff is protected
from wave erosion by an artificial or natural barrier, and further
provided that no building shall be located any closer than 50 feet
to the top edge of the bluff.
(2)
If it is a principal building, its maximum gross floor area shall be calculated as follows: Maximum gross floor area = 8,000 square feet + [(gross lot area - 87,120 square feet) x 0.0229569]. Notwithstanding the gross lot area of an existing legal lot, no principal building shall be required to be less than 8,000 square feet by the application of this section. For the purposes of this Subsection
B(2), the first 800 square feet of that part of the principal building that is a garage shall not be counted in the computation of maximum gross floor area.
(3)
If it is an accessory building, it shall be set back at least
160 feet from every street line and at least 80 feet from every other
boundary line of the lot, except that:
(a)
A garage may be set back at the same distance as the principal
building from the street line, but not less than 120 feet.
[Amended 11-18-2013 by L.L. No. 5-2013]
[1]
Each lot containing four acres or more and improved with a principal
structure may have an attached garage and a maximum of three separate
accessory garages.
(b)
A riding ring, paddock, corral or other roofless, fenced enclosure
for animals may be set back no less than 40 feet from every street
line and from any other boundary line.
(c)
A swimming pool and its appurtenant structures shall be set
back at least 160 feet from every street line and 80 feet from every
other boundary line.
(d)
A tennis court and its appurtenant structures shall be set back
not less than 160 feet from every street line and not less than 80
feet from any other boundary line. No outdoor tennis court shall be
illuminated by artificial lighting.
(e)
If the lot on which such building is located has a bluff which
is adjacent to tidal water and which has an elevation of over 10 feet
above mean high water, then such building shall be set back from the
top edge of the bluff a distance equal to twice the elevation of the
bluff above mean sea level; provided, however, that the Building Inspector
may permit a setback of less than twice the elevation if the face
of the bluff is covered with well-established, dense vegetation and
the toe of the bluff is protected from wave erosion by an artificial
or natural barrier and further provided that no building shall be
located any closer than 50 feet from the top edge of the bluff.
(f)
LPG tanks, oil tanks, generators or air-conditioning units located within five feet of the building they serve may extend into the required setbacks if the building such structure serves is located at or greater than the setbacks required by §
205-6.1.
(4)
If it is a dish-type communications antenna, the Building Inspector
shall require that such antenna be concealed from neighboring properties
by an enclosure in harmony with the architectural and aesthetic design
of the structure on which it is located or to which it is attached
or, if it is a freestanding antenna, that it be concealed with appropriate
screen planting so as not to be visible from neighboring properties.
C. Roofs. No principal building having a pitched roof shall have a building
height exceeding 35 feet or be more than 2 1/2 stories. No principal
building having any other type of roof structure shall exceed 25 feet
and two stories in building height. No accessory building having a
pitched roof shall exceed 25 feet or 1 1/2 stories in building
height. No accessory building having any other type of roof structure
shall exceed 12 feet and one story in building height.
D. Habitable area.
(1)
Every principal residence building hereafter erected, moved
into the Village limits or altered shall have a habitable area of
not less than the following:
(a)
One story: 1,250 square feet.
(b)
One-and-one-half stories: 1,500 square feet.
(c)
Two stories: 1,800 square feet.
(2)
In no case shall the habitable area of the first floor of one-and-one-half-
or two-story houses be less than 1,000 square feet.
(3)
No room, except bathrooms and closets, shall be less than 80
square feet in area.
E. Drainage. Subject to the exceptions specified in §
205-64 of this chapter, and subject to review in accordance with §
205-34 of this chapter, no building permit shall be issued for the erection, alteration or enlargement of a building or structure unless the application for the same is accompanied by a drainage plan showing the installation of on-site drainage facilities as determined necessary by the Building Inspector or Village Engineer to properly drain the new impervious surfaces relating to the new construction (including but not limited to roofs, terraces, patios and driveways, athletic courts and the like). The drainage plan shall be approved by the Building Inspector or the Village Engineer so as to handle a minimum of a two-inch rainfall in 24 hours, subject to additional capacity being required due to individual site conditions. All drainage facilities shall be installed in accordance with the approved plan before a certificate of occupancy is issued for the new structure.
F. Buffer areas. In order to protect the privacy of adjoining property
owners and the bucolic nature of the Village, existing buffer areas
exceeding three feet in height shall be preserved on all lots with
the following exceptions:
(1)
Existing vegetation may be removed if replaced with alternative
plantings as approved by the Site and Building Permit Review Board.
(2)
Existing vegetation may be removed to provide for a driveway
to the premises if determined to be appropriate by the Site and Building
Permit Review Board in consideration of the construction site, lot
shape and topography, and adjacent lots and their structures.
(3)
Nothing in this section shall require an owner of an existing
improved lot to plant or maintain buffer areas where none now exist.
(4)
The requirements of this section shall be in addition to any
other planting, buffering or screening which may be required by the
Board of Trustees, Planning Board, Zoning Board or Site and Building
Permit Review Board as a condition of approval for any application
before such Board.
G. A sports or recreation court and its appurtenant structures shall be set back not less than 160 feet from every street line and not less than 80 feet from any other boundary line. A sports or recreation court may not be illuminated by artificial lighting and shall be screen-planted in accordance with §
205-34B.
[Added 1-20-1986 by L.L. No. 1-1986]
A. Purpose. The Board of Trustees hereby finds that the
maintenance and protection of slope lands in the Village, as recommended
in the Village Master Plan, is essential to the public health, safety
and welfare of both present and future residents of the Village and
is specifically necessary to prevent soil erosion, sedimentation,
the loss of protective vegetation and resultant flooding and drainage
hazards as well as to provide safe building sites with proper access
thereto for pedestrian, vehicular and emergency traffic and to preserve
wildlife habitat and to protect important scenic resources, all in
furtherance of state and county development policies and objectives
as well as the Village Master Plan.
B. Slope lands. For the purpose of this section, slope
lands shall consist of all bluffs, very steep slopes and steep slopes.
C. Construction within slope lands. No building development
or the construction of other site improvements nor the excavation,
filling or grading, or removal or substantial alteration of any tree
or shrub, shall be permitted within a slope land unless a slope land
use permit (slope land permit) for the activity shall have been issued
by the Site and Building Permit Review Board.
[Amended 7-19-1993 by L.L. No. 1-1993; 11-21-1994 by L.L. No. 2-1994; 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002]
(1) Prior to taking such action, the Site and Building
Permit Review Board shall determine that:
(a)
For very steep slopes, the proposed location
for the use, improvement or development is the only suitable location
on the site. However, for steep slopes, the Site and Building Permit
Review Board need only determine that the proposed location for the
use, improvement or development is an appropriate location on the
lot in the consideration of the lot's shape, topography or other features,
and in relation to the neighborhood;
(b)
The activity proposed is the minimum activity
necessary to make reasonable use of said land;
(c)
All feasible construction standards and precautions
are or will be taken to assure that the resulting environmental hazard
will be minimized;
(d)
Such proposed action is otherwise in full compliance
with all applicable requirements of the Village, town, county, state
and federal agencies; and
(e)
The purpose and intent of this section are satisfied
to the maximum feasible degree as determined by said Site and Building
Permit Review Board.
(2) Application. In order to provide the Site and Building
Permit Review Board with adequate time to review the application,
an application for such slope land permit shall be submitted to the
Village Clerk in eight copies, not less than 45 days prior to the
meeting at which it is to be officially received by the Site and Building
Permit Review Board, and shall include the following:
(a)
A topographical survey of the property showing existing contours with vertical intervals of no more than two feet; the location and extent of any slope lands as set forth in Subsection
B; the location of any existing buildings, structures, driveways and utilities of the site; existing easements and rights-of-way; the present use of land and structures; the specific type, size and location of trees with a diameter of 12 or more inches at a height four feet above ground level; and any other existing features or characteristics of the site which may be of environmental, historical, archaeological or other significance.
(b)
A plan for the proposed site development, indicating
building and driveway locations, parking areas, landscaping, grading,
drainage, utilities and other planned site uses and improvements.
(c)
Specific design measures proposed to mitigate
the potential impact of the proposed site development upon the environmentally
sensitive features of the property both during and after construction.
(d)
An application fee in an amount as established
by resolution of the Board of Trustees.
(3) Procedure.
(a)
Upon receipt of a properly completed application,
the Site and Building Permit Review Board may refer it for review
and report to the Village Engineer and other such experts as may be
determined necessary or appropriate by the Site and Building Permit
Review Board to assist it in its review of the proposed application,
which cost shall be borne by the applicant. A copy of the application
shall also be referred to appropriate town, county and state agencies
whose approval may be required or whose recommendations may be sought.
(b)
Within 60 days of the date of the Site and Building
Permit Review Board meeting at which the properly completed application
is officially received and the Site and Building Permit Review Board's
proceeding are completed, the Site and Building Permit Review Board
shall act either to approve, approve with modifications or disapprove
the slope land permit application.
(4) Determination.
(a)
Prior to making a determination to approve,
either with or without modifications, any such application, the Site
and Building Permit Review Board shall first find that the proposed
site development has been designed in such a way as to minimize any
potential adverse environmental impacts to the maximum degree reasonably
feasible, either through redesign, reduction in the size of the proposed
project, the implementation of special environmental protection measures,
permanent restrictions on the use and development of the property
which may be established by deed restrictions or a combination of
the above. In so finding, the Site and Building Permit Review Board
shall further determine that the slope lands shall not be significantly
impaired, that the proposed site design will provide safe building
locations with proper access thereto, that important scenic and visual
resources will be protected to the maximum extent feasible and that
there will be no significant adverse impact upon any rare or endangered
species of flora or fauna. The Site and Building Permit Review Board
shall attach such conditions to its approval as it may determine necessary
to assure compliance with these standards and requirements.
(b)
In the event that the applicant fails to establish
that the proposed use and development of the site and the conditions
which the applicant proposes in relation thereto comply with these
essential environmental standards, the Site and Building Permit Review
Board shall disapprove said application and the Building Inspector
shall deny the issuance of any permits in relation thereto.
(5) In addition to the above, the requirements of the
State Environmental Quality Review Act shall also be applicable.
[Added 4-18-1988 by L.L. No. 2-1988]
A. Purpose. The Board of Trustees hereby finds that the maintenance and protection of wetlands and the prevention of new building development within and the filling of floodplains are essential to the public health, safety and welfare of both present and future residents of the Village and are specifically necessary for the purpose of preserving wildlife habitat, protecting important scenic resources, protecting the safety of life and property, preserving vegetative cover and for such other purposes as set forth in Article
VII hereof and in the laws of the State of New York and the Village related to coastal zone management and the protection of both freshwater and tidal wetlands.
B. Wetlands and floodplains. For the purpose of this
chapter, "wetlands" shall include both freshwater and tidal wetlands,
and "floodplains" shall mean any land within the Village which is
less than 12 feet above mean sea level, specifically including all
lands within Floodplain District I.
C. Minimum lot area requirements. The following minimum
lot requirements shall apply to properties which consist in whole
or in part of wetlands and/or floodplains.
[Amended 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002]
(1) No building permit shall be issued for the construction
of a new principal building on any existing lot within the Village
unless said lot contains at least two acres of land area in the Residence
A-1 District or at least four acres in the Residence A-2 District,
exclusive of wetlands and floodplains, and meets all other requirements
of this chapter.
[Amended 1-19-2010 by L.L. No. 1-2010]
(2) Where the requirements of Subsection
C(1) above cannot be met and where there is no present principal use or structure located on a legally created lot, a special permit may be issued by the Planning Board for the construction of a principal building and establishment of a permitted use on such lot, provided that the following standards and conditions are met:
(a)
There shall be available a potential building
site with vehicular access from a street directly to such area.
(b)
A minimum distance for said building site of
not less than 100 feet shall be provided from any wetlands.
(c)
All other required zoning setbacks shall be
complied with.
(3) Where there is an existing principal building located
on a legally created lot, which lot contains or is immediately adjacent
to a freshwater or tidal wetland or floodplain, no building permit
shall be issued for the enlargement of such building or for the construction
of an accessory building on such lot if it is to be located within
a floodplain or within 100 feet of a wetland unless a special permit
therefor shall have been issued by the Planning Board. In reviewing
an application for such special permit, the Planning Board shall be
guided by the following standards and conditions:
(a)
Building construction shall not be permitted
within the actual limits of any wetland.
(b)
Wherever possible, the proposed building construction
shall be relocated out of any floodplain or redesigned so as to provide
a minimum setback of not less than 100 feet from any wetland.
(c)
All other required zoning setbacks shall be
complied with.
(d)
Where the Planning Board determines that due
to the configuration of the lot and/or the nature and location of
existing building development on it, there is no reasonable alternative
to the construction of the proposed building addition or accessory
building other than within 100 feet of a wetland and where the Planning
Board determines that such construction would not have a significant
adverse impact on such wetland, the Board may permit such construction
conditioned upon the implementation of appropriate mitigating measures
designed to minimize whatever adverse impact may occur as a result
of the proposed construction. These mitigating measures may include,
without limitation, the reduction in the size of the proposed construction,
the relocation of the proposed construction, the redesign of the proposed
construction and/or the design or redesign of such site improvements
as may be determined necessary or appropriate by the Planning Board.
(e)
Where the Planning Board determines that a safety
hazard or adverse impact cannot be satisfactorily mitigated or when
the applicant does not agree to the mitigating requirements, as determined
by the Planning Board, said Board shall deny the issuance of the special
permit. The reasons for such action shall be clearly and fully stated
on the record in writing.
(4) The application requirements, procedures and required determinations with respect to the issuance of such a special permit by the Planning Board shall be the same as set forth in §
205-7C with respect to slope lands, except that the required determinations shall be made with respect to wetlands and floodplains rather than slope lands.
(5) Where a lot two acres or larger in the Residence A-1
District or four acres or larger in the Residence A-2 District does
not meet the standards, as set forth above, and is not eligible for
a special permit, as described above, or where a special permit application
is disapproved by the Planning Board, the owner of such lot shall
be permitted, subject to approval by the Board of Trustees, to transfer,
by sale or otherwise, to the owner of a larger parcel of land located
elsewhere in the Village the development right to create one single-family
dwelling lot in addition to the maximum number which the Planning
Board determines could otherwise be accommodated as a result of the
subdivision of such larger parcel in conformance with all applicable
regulations and requirements. In such subdivision, the additional
permitted building lot will be accommodated by allowing a reduction
of the otherwise applicable minimum net land area requirements; provided,
however, that the minimum gross land area requirement shall remain
at two acres per lot in the Residence A-1 District and four acres
per lot in the Residence A-2 District. Notwithstanding the foregoing,
if the Board of Trustees approves such a transfer and the Planning
Board determines, for purposes of proper subdivision design or for
other appropriate reason, that it is either not practical or not possible
for each lot in such subdivision to contain a minimum gross area of
two acres in the Residence A-1 District and four acres lot in the
Residence A-2 District, the Planning Board may be specifically authorized
by the Board of Trustees to approve one lot with a gross area of less
than two but not less than one acre in the Residence A-1 District
and less than four but not less than two acres in the Residence A-2
District, and to modify the otherwise applicable lot dimensional requirements
within such subdivision as said Planning Board may determine appropriate
in accordance with the purposes and pursuant to the authority of § 7-738
of the Village Law.
[Amended 1-19-2010 by L.L. No. 1-2010]
(6) As a part of any application to the Board of Trustees for permission to transfer the right to create one additional single-family dwelling lot pursuant to Subsection
C(5) above, the applicant shall be required to prepare and submit to the Board of Trustees a plan for the proposed future ownership and use of the lot from which the development right will be transferred. Such plan, provided that it is otherwise consistent with the environmental protection purposes and requirements of all other applicable laws and regulations, may allow the use of the lot for waterfront access, passive recreation, environmental education and protection and other such similar purposes and including the subdivision of such lot into parcels of less than two acres in the Residence A-1 District or less than four acres in the Residence A-2 District, but not less than 20,000 square feet each for such purpose. If the Board of Trustees approves the application, it shall require the filing of appropriate covenants and restrictions as are determined necessary to permanently limit the use of the land in accordance with such proposed plan, including any modification thereof as may be agreed upon by the Board and the applicant.
[Amended 1-19-2010 by L.L. No. 1-2010]