No building or premises in the Public Beach District shall be used or maintained for any except the purposes enumerated below and for no other, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any purpose, except a bathing beach owned, operated and maintained by the Town of Huntington for the benefit of the inhabitants of said town and the inhabitants of the Village when authorized as a special exception by the Board of Zoning Appeals of the Village as set forth and provided for in the following sections of this article. If, at any time, the property included in said Public Beach District should cease to be used for the purposes described in this § 205-11, the provisions of Article VII of this chapter shall become applicable to such property.
A.
The Board of Zoning Appeals of the Village shall have
the power, to the extent hereinafter set forth, after public notice
and hearing and after giving consideration to the health, safety,
morals and general welfare of the Village and of the property owners
and residents thereof and subject to appropriate conditions and safeguards
to be imposed by it, to determine and vary the application of the
regulations herein established in harmony with the purposes enumerated
in the Village Law and the general intent of this article, as follows:
permit for a stated term of years in said Public Beach District the
construction, operation and maintenance of a bathing beach by the
Town of Huntington, which shall, if permitted, be designated "West
Neck Beach," for the benefit of the inhabitants of said town and of
the Village.
B.
Notwithstanding any of the foregoing provisions of this section or any other provisions of this chapter, the Board of Zoning Appeals, in acting upon any application for such permit, shall observe and comply with the following minimum mandatory provisions and requirements [Subsection B(1) to (17) inclusive] which, among such other conditions and safeguards as may be imposed by said Board, shall be set forth and contained in any such permit granted and issued by said Board.
(1)
The use of such property as a beach shall be limited
to bona fide residents of the Town of Huntington and the Village of
Lloyd Harbor.
(2)
An adequate entrance to such property shall be constructed
by the town, which shall be properly policed by it and shall provide
for turnarounds to eliminate any traffic congestion.
(3)
A parking area shall be constructed and limited to
360 cars, of which 25% shall be reserved in a special area for the
exclusive use of residents of the Village.
(4)
No public transportation buses to and from such property
shall be permitted.
(5)
A control booth person and such assistants as shall
be necessary shall be in attendance at all times to check permits,
to police parking and to disperse unprivileged motor vehicles.
(6)
Each motor vehicle shall be properly identified with
an appropriate windshield sticker. All applicants for such permit
stickers shall register at the Town Hall or any other suitable public
place, with full identification, and shall pay an annual fee per car
prescribed by the town.
(7)
The beach and parking area shall be open from Memorial
Day weekend through Labor Day weekend each year from 10:00 a.m. to
1/2 hour after sunset. Any use of the beach at other times shall be
subject to the approval of the Joint Park Commission, hereinafter
provided for.
(8)
A cyclone fence or equivalent with suitable gates
and locks shall be installed along the boundary lines of such property
down to the mean low-water mark.
(9)
No intoxicating liquors shall be sold or dispensed
on the property, and no concessionaires of any kind shall be permitted
thereon.
(10)
There shall be no rental, use or landing of
any boats, except those required by lifeguards. No fishing shall be
permitted nor shall any docks be installed.
(11)
No floodlights or search lights nor loudspeakers
or similar structures shall be erected or used on such property in
any manner that will cause hazard, annoyance or discomfort in any
manner to the public generally or to the occupants of neighboring
properties.
(12)
Any and all accessory uses shall be of the same
character and nature as the use to which the same are accessory.
(13)
A Joint Park Commission shall be created, consisting
of five members. Three of such members, one of whom shall be Chairperson,
shall be appointed by the Mayor of Lloyd Harbor from residents of
said Village and two by the Supervisor of the Town of Huntington from
residents of said town. Each member shall serve for a term of five
years, and once the Commission is established, provision shall be
made for rotating membership. Any vacancy in the membership shall
be filled by such Mayor or Supervisor, as the case may be. A majority
of the whole number of the members of such Commission shall, at any
meeting duly held by them, constitute a quorum; and not less than
a majority of the whole number of such membership may perform and
exercise any power, authority or duty herein provided for. The words
"whole number" shall mean the total such Commission would have were
there no vacancies in office.
(14)
The Joint Park Commission shall supervise the
operation and maintenance of the beach and shall report promptly any
violations of the terms, conditions or restrictions contained in said
permit to the Board of Trustees of the Village of Lloyd Harbor and
the Town Board of the Town of Huntington, and the Commission shall
make recommendations, from time to time, for the improvement of the
operation of the beach.
(15)
The Town of Huntington shall, upon recommendation
of the Joint Park Commission, hire and discharge all personnel, including
lifeguards, matrons, etc., and if, in the opinion of the Joint Park
Commission, a caretaker shall be required, the Town of Huntington
shall employ the same on an annual basis.
(16)
In the event that the Joint Park Commission
determines that a violation of any such terms, conditions or restrictions
exists and that such violation is one for which the Town of Huntington
is responsible and over which it has control, it shall immediately
notify the Town Board, in writing, of such violation; and the Town
Board shall have 30 days from the date of receipt of such notice to
cure the same. Should the Town Board fail to cure such violation within
the time specified, the Board of Zoning Appeals may, by a decision,
in writing, after public notice and notice to said Town Board and
a hearing, revoke, annul and terminate such permit; and such decision
of the Board of Zoning Appeals shall be subject to court review as
provided in § 7-712 of the Village Law.[1]
(17)
The Town of Huntington shall make appropriation
in its annual budget to cover all costs and expenses which may be
anticipated in connection with the maintenance and operation of said
beach in each year.
No such permit shall be granted by the Board
of Zoning Appeals for such uses, nor shall any such uses on such property
be permitted or carried on until detailed site plans and building
plans of such area and all buildings thereon showing dimensions, design,
materials, elevation, location and areas of all buildings and structures,
drainage, garbage and refuse removal, sewage and sanitary facilities,
parking areas, roads, entrances, walks, landscaping, planting, screening,
fences, entrance gates, booths and stands and such other relevant
information as may be required by the Board of Zoning Appeals shall
have been submitted to and approved by it.
