Lloyd Harbor City Zoning Code
ARTICLE IV
Lot and Building Requirements
§ 205-6 Residence A-1 District.
[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 40 feet from every other boundary line, subject to the following conditions:
[Amended 4-15-2024 by L.L. No. 4-2024]
[1]
All pool equipment shall be set back at least 100 feet from every street line and 50 feet from every other boundary line, unless located within a conforming enclosed building, i.e., shed, cabana or garage.
(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.
(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.
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.
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]
§ 205-6.1 Residence A-2 District.
[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.
(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.
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.
§ 205-7 Slope lands.
[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]]
(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[2] shall also be applicable.
[2]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
[1]
Editor's Note: This local law also repealed former Subsection C, Minimum lot area requirements, and renumbered former Subsection D as C.
§ 205-8 Wetlands and floodplains.
[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:
(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]