[Added 10-7-2014 by L.L.
No. 7-2014]
A.
The provisions of this article shall apply to the Middle Neck Road
Multifamily Incentive Overlay District as hereinafter set forth.
B.
The boundaries of said district, as shown on the Building Zone Map
of the Village of Great Neck, shall be coterminous with the boundaries
of the Residence E District.
A building may be erected, altered, or used and a lot or premises
may be used for any of the purposes set forth in the underlying district.
A.
Pursuant to the powers set forth in Village Law § 7-703,
in recognition of the opportunities to advance a specific physical,
cultural, and/or social policy of the Village, in accordance with
the Village's Comprehensive Plan, as set forth in this chapter, in
coordination with such other community planning mechanisms and/or
land use techniques as may be available and appropriate, if any, where
an applicant proposes such an opportunity that the Board of Trustees
may, from time to time, by resolution, find appropriate and that meets
the criteria herein, the Board of Trustees may approve adjustments
to any zoning restrictions set forth in this chapter, other than as
to use, with such limitations as may be set forth more particularly
with regard to the incentive sections for the zoning district within
which the premises are located.
B.
In determining whether or not to grant the adjustment, the Board
of Trustees shall consider the following:
C.
Payment in lieu of community amenities.
(1)
At the request of the applicant or on its own determination
that the identified amenities to the Village are not immediately feasible
or otherwise not practical for the applicant to provide, the Board
of Trustees may require, in lieu of the identified amenities, a payment
to the Village of a sum determined by the Board of Trustees. Alternatively,
the Board may choose to accept a partial amenity and partial payment
in lieu of such proposed amenity. If cash is accepted in lieu of a
community amenity, provision shall be made for such sum to be deposited
in a trust fund to be used by the Board of Trustees exclusively for
specific community amenities that could be applied throughout the
Village as authorized by the Board of Trustees.
(2)
Any payment in lieu of community amenities must be received
prior to the issuance of a building permit for the construction of
the proposed development.
[Amended 3-16-2023 by L.L. No. 1-2024; 8-1-2023 by L.L. No. 2-2024; 4-2-2024 by L.L. No. 4-2024]
No incentive shall be granted for an attached townhome or a
multifamily dwelling in contravention of any of the following:
A.
The maximum height for a townhome shall not exceed 30 feet or 22
feet at the eaves.
B.
No townhome building shall contain more than six townhomes.
C.
The maximum length of a townhome building shall not exceed 204 feet.
D.
No horizontal plane of any facade of a townhome building shall exceed
88 feet without a change or break in said plane of at least 10 feet.
E.
The maximum height for a multifamily dwelling shall not exceed four
stories or 42 feet with an area on the roof for recreational use by
the tenants of the dwelling (a roof deck). Notwithstanding the foregoing,
the presence of uninhabitable stories consisting solely of parking
lots, lobby areas (and associated amenities) and/or Building Core
shall permit a maximum height of five stories or 55 feet, provided
that the fifth story has sufficient setbacks as required by the Board
of Trustees. If a roof deck is permitted, it shall be limited to the
following restrictions:
(1)
The roof deck shall not exceed 50% of the roof area.
(2)
The use of the roof deck shall be limited to the residents of
the building and their guests.
(3)
There shall be no barbequing or other cooking on the roof deck.
(4)
There shall be no lights, permanent or temporary, on the roof
deck other than as approved on the site plan.
(5)
The roof deck may be used for communal use associated with individual
units in the building.
(6)
The roof deck shall have only one lobby, whether for an elevator,
a staircase, or both, which shall not exceed an area of 100 square
feet. The area of the elevator and/or staircase shall not be considered
as part of the lobby for the purpose of calculating the 100-square-foot
limitation. If not for communal use, access shall be by a bulkhead
for each unit immediately below, whether for an elevator, a staircase,
or both, that leads directly, without lobby, onto the roof surface.
F.
The maximum density for a multifamily dwelling shall not exceed 48
dwellings per acre.
G.
The minimum front yard shall be 10 feet from the property line and
15 feet from the curb. No incentive shall be given that reduces the
ten-foot setback from the property line unless there is a sufficient
area of not less than 10 feet between the building and the sidewalk
for a landscape buffer (which may be in whole or in part on Village
property and which will be landscaped and maintained by the property
owner).
H.
Notwithstanding the foregoing, the Board of Trustees, shall have
the authority to grant an incentive, modifying dimensional requirements
set forth herein, where, in the sole discretion of the Board of Trustees,
such modification is determined to be in the interest of superior
design and is otherwise found to be in the best interests of the Village.
Applications seeking increased density or modification of dimensional standards as part of this district's incentive zoning framework shall comply with the procedural requirements outlined in Article XXXI.
