Old Westbury City Zoning Code
ARTICLE XVIII
Provisions Applicable to Specific Uses
[1]
Editor's Note: The provisions of this article were not adopted as general amendments to Zoning but as specific conditions for specific uses authorized in the C Residence Districts. See Art. VII.
§ 216-168 Whitney Golf and Country Club, Inc.
A.
The application of Whitney Golf and Country Club, Inc., for a change in zone from BB Residence District to C Residence District of the premises described in its application, dated August 8, 1961, and filed with the Clerk of the Village of Old Westbury on August 8, 1961, is hereby granted; the use of which premises shall be subject to the provisions and regulations provided in a C Residence District, except as hereinafter modified, and such additional restrictions and regulations as are hereinafter set forth and shall be subject to the conditions hereinafter provided in this section.
B.
See Article III §§ 216-6 and 216-8A and B.
C.
This section shall be known and may be cited as "The Old Westbury Golf and Country Club Amendment to the Building Zone Ordinance."
D.
The final revised site plan and site plan detail, dated November 9, 1961, as amended by the site plan detail as shown on the amended detail of the site plan, Old Westbury Golf and Country Club Site Plan, revised January 26, 1962, and as further amended by Old Westbury Golf and Country Club Parking Field Drawings IA, dated June 5, 1962, revised July 9, 1962, and redrawn July 12, 1962, filed in the office of the Village Clerk July 19, 1962, and Old Westbury Golf and Country Club Parking Field Drawing 2A, dated June 5, 1962, last revised July 12, 1962, and filed in the office of the Village Clerk on July 13, 1962, all, pursuant to Article VII, § 216-49C(2), of this chapter, is hereby approved, subject to the provisions of Section 7e of the ordinance adopted November 21, 1961, granting the application of the Whitney Golf and Country Club, and shall be the approved site plan to which reference is made in Article VII, § 216-50, of this chapter.
E.
The statement of proposed uses accompanying the application for a change in zone, dated September 15, 1961, required in Article VII, § 216-49C(3), of this chapter, as amended by letter, dated January 26, 1962, filed January 26, 1962, letter dated January 27, 1962, filed January 27, 1962, and letter dated January 27, 1962, filed January 29, 1962, shall be the approved statement of uses to which reference is made in Article VII, § 216-50, of this chapter.
F.
The application of the Whitney Golf and Country Club, Inc., for exceptions to the regulations and restrictions applicable to a golf club use as provided in Article VII, § 216-50, of this chapter is hereby granted to the following extent:
(1)
The present height of the following existing buildings and structures shall be excepted from the height restriction of said § 216-50 of this chapter, as follows:
(a)
Servants building, existing permitted height: 24 feet six inches.
(b)
Tower, existing permitted height: 192 feet.
(c)
Polo building, existing permitted height: 24 feet six inches.
(2)
Wherever existing buildings are less than 50 feet apart, they may continue to be used and shall be deemed nonconforming buildings as to such separation for the purposes of this chapter.
(3)
Parking areas, as shown on the approved site plan, shall be permitted to extend to not less than 50 feet from a boundary line. Screening of parking areas by appropriate trees and shrubbery shall be installed where shown on the approved site plan.
(4)
Tennis court playing area, as shown on the approved detail of the site plan, shall be permitted to extend to not less than 50 feet from a boundary line.
(5)
Golf course playing area, as shown on the approved site plan, shall be permitted to extend to not less than 50 feet from a boundary line.
G.
The following restrictions and regulations shall be applicable to the premises described in § 216-8A and B of this chapter which shall be in addition to the regulations set forth in Article VII of this chapter:
(1)
The use of swimming pools shall be limited to between the hours of 9:00 a.m. and 10:00 p.m.
(2)
All club functions shall end not later than 2:00 a.m. on Sundays and legal holidays and 1:00 a.m. on other days.
(3)
Playing area of the golf course shall mean tees, greens, traps, bunkers and fairways.
(4)
Fairways shall be given the same meanings as fairways in the rules of the United States Golfing Association.
(5)
The alteration of any existing structure and the erection of any new structures shall comply with the Building Code of the Village[1], if applicable. Where there shall be no applicable provision of the Building Code of the Village, then, as a minimum, such alteration or new construction shall comply with the provisions of the New York State Building Code and requirements of the Labor Department of the State of New York.
[1]
Editor's Note: See Ch. 74, Building Construction.
(6)
The use of existing structures shall comply with Village regulations and ordinances and of the Labor Department of the State of New York.
(7)
No use of Whitney-Phipps-Garvan Road westerly from the division line between the land of Miller and the Whitney Golf and Country Club, Inc., shall be permitted for ingress or egress to the premises described in § 216-8A and B or for any other purpose in connection with the use of the aforesaid designated premises. Signs or other devices, as shall be specified by the Village, shall be installed and maintained by the Whitney Golf and Country Club, Inc., its successors and assigns for the enforcement of this subdivision.
(8)
No structures or fences shall be permitted on any area where there shall exist Village water main or other public utility easements.
H.
The granting of the application of the Whitney Golf and Country Club, Inc., as provided in Subsection A of this section, is subject to the conditions hereinafter set forth:
(1)
That areas and dimensions, as shown on the approved site plan, and the existing building heights are represented by the applicant to be correct.
(2)
That, as set forth in the report of the Planning Board, dated October 9, 1961, and supplemented or modified by memorandum to the Board of Trustees, dated October 26, 1961, and October 30, 1961, submitted by C.H. Tunnicliff Jones, Esq., Special Counsel, the applicant deliver to the Village, within 30 days of the adoption of this section, the instruments and papers set forth in said report and memorandum to effectuate the requirements of the Planning Board for well site, utility easements, streets and all other matters set forth in said report and memorandum and an order of the Supreme Court approving such conveyances where such an order is required.
(3)
That the entire area described in § 216-8A of this chapter, excepting the water site conveyed to the Village of Old Westbury, shall be used solely for golf club purposes as prescribed in Article VII and for no other use.
(4)
That an order be granted by the Supreme Court permitting the conveyance of the water site and easements by the Whitney Golf and Country Club, Inc., to the Village of Old Westbury.
(5)
That screening be installed, as shown on the approved site plan, drainage installed for the parking areas, roadways, driveways and golf course, paving of the parking area installed, all in accordance with the plans which shall be prepared by the Whitney Golf and Country Club, Inc., and as shall be approved by the Village Engineer.
(6)
That the entrance sign at the general location, as shown on the approved site plan, shall be permitted only in accordance with a plan which shall be prepared by the Whitney Golf and Country Club, Inc., and as shall be approved by the Board of Trustees.
(7)
That monuments be installed to sufficiently identify easements over proposed roads as shall be shown on a plan and approved by the Village Engineer.
I.
A temporary Certificate of Occupancy for the use of existing buildings and facilities for a period not exceeding one year may be granted by the building official when approved by the Board of Trustees on such terms, conditions and limitations of use as may be appropriate to safeguard the health, safety and welfare of the users of the premises and the Village. Within six months of the issuance of a temporary certificate of occupancy, there shall have been substantial construction of a golf course; otherwise, the temporary certificate of occupancy shall be revoked. Such temporary certificate of occupancy may be extended not exceeding one year by the building official when approved by the Board of Trustees only if circumstances of practical difficulties have prevented the completion of the golf course. No permanent certificate of occupancy shall be issued until an eighteen-hole golf course has been completed, the conditions set forth in Subsections H(5), (6) and (7) and all other applicable laws, ordinances and regulations have been complied with.
§ 216-169 The Glen Oaks Club.
[Amended 12-18-2006 by L.L. No. 3-2006; 1-16-2024 by L.L. No. 2-2024]
A.
This section shall be known and may be cited as "the Glen Oaks Club Amendment to the Building Zone Ordinance."
B.
The applications of Robert Winthrop and Glen Oaks Club, Inc., for change in zone from BB Residence District to C Residence District of the premises described in their applications, dated April 7, 1966, and filed with the Clerk of the Village of Old Westbury on April 11, 1966, as modified by the application of Glen Oaks Club, dated June 12, 1969, filed in the office of the Village Clerk on June 13, 1969, are hereby granted; the use of which premises shall be subject to the provisions and regulations provided in a C Residence District, except as hereinafter modified, and to such additional restrictions, regulations and conditions as are hereinafter set forth.
C.
See Article III, §§ 216-6 and 216-8C.
D.
The approved site plan, filed pursuant to Article VII, § 216-49C(2), of this chapter, shall be deemed to be the following documents:
(1)
Documents prepared by Leo Komblath Associates, Architects and filed in the Village Clerk's office on June 13, 1969;
(a)
Site plan, dated June 12, 1969, as modified to the extent shown on Glen Oaks Club Grading Plan Sheet G-39-4, dated September 20, 1971, so as to permit two additional tennis courts.
(b)
Main building, basement plan dated March 19, 1969.
(c)
Main building, first floor plan dated March 19, 1969.
(d)
Main building, second floor plan dated March 19, 1969.
(2)
Unlabeled plan for development of golf course prepared by Joseph F. Finger Associates, Inc., Golf Course Architects, Houston, Texas, dated June 12, 1969, and attached to the application of June 12, 1969, as Schedule E.
(3)
Document entitled "Alternate Entrance Glen Oaks Club" by Innocenti & Webel, Plan No. G-39-5, dated August 11, 1969.
(4)
Document entitled "Proposed Entrance For Superintendent's House and Maintenance Area Glen Oaks Club, Old Westbury, New York," prepared by Innocenti and Webel, Landscape Architects, dated September 27, 1971, revised December 17, 1971.
(5)
Five drawings prepared by Cala Design, all of which are dated November 12, 2004, and specifically include a) a drawing entitled "Site Plan and Details" numbered "S-1" (last revised January 28, 2005); b) a drawing entitled "Landscape Plan and Details" numbered "L-1" (last revised January 28, 2005); c) a drawing entitled "Lower Level Plan" numbered "A-3"; d) a drawing entitled "Main Level Plan, Key Plan & Door Schedule" numbered "A-4"; and e) a drawing entitled "Elevations" numbered "A-5," and a survey entitled "Boundary Survey of Property Situated at Old Westbury," prepared by Nelson & Pope, dated July 12, 2006, and last revised October 30, 2006.
E.
The approved uses to which the premises may be put, as hereinafter limited and restricted, shall be the following:
(1)
Private golf and country club having not less than 18 holes.
(2)
Tennis courts and pavilions.
(3)
Swimming pools.
(4)
Clubhouse with residential quarters for not more than 40 people, six employee/staff housing units with no more than two employees per unit, dining rooms, lounge, bar, grill, locker facilities, ballroom, cardrooms, billiard room and other public rooms incidental to the operation of a private golf and country club.
(5)
Parking facilities.
(6)
Living quarters for help.
(7)
Structures for storage of equipment.
(8)
Such additional accessory structures for other uses incidental to the operation of a private golf and country club as may be approved from time to time by the Planning Board.
F.
The application of Glen Oaks Club, Inc., for exceptions and amendments to the regulations and restrictions applicable to a golf club use, as provided in Article VII of this chapter, is hereby granted to the following extent:
(1)
In addition to the use of the club facilities, as set forth in § 216-48 of this chapter, these facilities may be used by nonpaying guests of a member and by philanthropic and professional organizations in which at least one member of the club shall be a member.
(2)
Notwithstanding the provisions of § 216-51A(3), no single building on the premises shall exceed 73,000 square feet on any one floor.
(3)
Notwithstanding the provisions of § 216-51A(8), residential quarters for not more than 40 members may be provided in the main building, as set forth on the site plan.
(4)
The number of members referred to in § 216-51A(6) shall not be deemed to include a membership in the club of the wife and unmarried children of a member, who are living in the home of the member.
(5)
Notwithstanding the provisions of § 216-51A(7), outdoor public address, amplifying and loudspeaker systems may be installed and operated on the premises, provided that the sound emanating therefrom shall not at any time be audible from any other property, public or private, in the Village and, when approved by the Planning Board, outdoor lighting may be installed to illuminate driveways, walkways and parking areas.
(6)
Section 216-51 is hereby modified so as to permit outdoor dances on the last Wednesday night in June, every Wednesday night during the months of July and August, the first Wednesday night of September, the Saturday night preceding July 4 and the Saturday night preceding Labor Day in each year, provided that each of such dances shall end not later than 12:00 midnight.
G.
The following restrictions and regulations shall be applicable to the premises described in Subsection C above, which restrictions and regulations shall be in addition to the regulations set forth in Article VII of this chapter, as hereinabove amended:
(1)
The use of swimming pools shall be limited to between the hours of 9:00 a.m. and 10:00 p.m.
(2)
Except as herein otherwise provided, all club functions shall end not later than 2:00 a.m. on Sundays and legal holidays, 4:00 a.m. on New Year's Day and 1:00 a.m. on other days.
(3)
"Playing area of the golf course" shall mean tees, greens, traps, bunkers and fairways.
(4)
"Fairways" shall be given the same meanings as "fairways" in the rules of the United States Golfing Association.
(5)
The erection of any new structures on the premises shall comply with the Building Code of the Village, if applicable, and, where there shall be no applicable provision of the Building Code of the Village, then, as a minimum, such new construction shall comply with the provisions of the New York State Building Code and the requirements of the Health and Labor Departments of the State of New York.
(6)
The only access to the subject property shall be the main entrance road indicated on Document C of the site plan, referred to in Subsection D above, and the secondary access road indicated on Document D of the site plan, referred to in Subsection D above; provided, however, that the secondary access road shall be used only for ingress and egress from the Superintendent's cottage, for emergencies which might occur on the golf course and for access to the maintenance garage; use of the secondary access road shall be temporary for a period of one year and may be terminated at any time in the one-year period that the Trustees deem it to be in the best interests of the community that the road be closed; the use of the secondary access road may be continued beyond the one-year period by resolution of the Board of Trustees based on a favorable recommendation by the Planning Board; and such continuation, if granted, shall constitute permanent approval of the secondary access road, subject to the stipulations and agreements recited above.
(7)
Not more than two identifying signs at each entrance may be installed, and such signs shall not be installed until the design, specific location and illumination thereof, if any, shall be approved by resolution of the Planning Board.
(8)
No paths or service roads for the use of maintenance equipment or golf carts shall be established or used on the premises, until their location shall have been approved by resolution of the Planning Board.
(9)
The driving range shall not be constructed until a specific plan therefor shall have been submitted to and approved by the Planning Board, based upon satisfactory assurance that golf balls will not be driven from the driving range tees onto adjoining property.
H.
The granting of the applications of Robert Winthrop and Glen Oaks Club, Inc., as provided in Subsection B of this section, is subject to the conditions hereinafter set forth:
(1)
That the areas and dimensions as shown on the approved site plan, as herein defined, are represented by the applicants to be correct.
(2)
That the entire area described in Subsection C of this amendment shall be used solely for golf club purposes, as described in Article VII, as herein amended, and for no other use.
(3)
That Glen Oaks Club, Inc., shall prepare and submit to the Planning Board for approval detailed plans for all drainage, screening and exterior lighting.
(4)
That drainage facilities shall be designed, approved and installed which shall assure such drainage for the parking areas, roadways, driveways, buildings and golf course, as shall prevent any stormwater running from the subject premises onto any adjoining property, public or private.
§ 216-170 The Old Tennis Club.
A.
This section shall be known and may be cited as "The Old Tennis Club Amendment to the Building Zone Ordinance."
B.
The application of Boxwood Farms Company and Old Tennis Club, Inc., for change in zone from BB Residence District to C Residence District of the premises described in their application, dated December 1, 1972, and filed with the Clerk of the Village of Old Westbury on December 1, 1972, is hereby granted, the use of which premises shall be subject to the provisions and regulations provided in a C Residence District, except as hereinafter modified, and to such additional restrictions, regulations and conditions as are hereinafter set forth.
C.
See Article III, § 216-8D.
D.
The approved site plan filed pursuant to § 216-49C(2) of this chapter shall be deemed to be the following documents:
(1)
Five sheets prepared by George Nemeny, Architect, 15 West 55th Street, New York City, New York, dated January 4, 1972, and labeled as follows:
(a)
Drawing No. 1, Plot Plan.
(b)
Drawing No. 2, Ground Floor Plan.
(c)
Drawing No. 3, Elevations.
(d)
Drawing No. 4, Elevations.
(e)
Drawing No. 5, Section A-A.
(2)
Survey entitled "Map of Property of Boxwood Farms Company Leased to Old Tennis Club, Inc., at Incorporated Village of Old Westbury, Nassau County, New York," prepared by Joseph E. Dioguardi, dated November 29, 1972, showing the subject property and the proposed access road.
(3)
Five drawings dated November 14, 1984, entitled "The Old Tennis Club, Inc., at Old Westbury, Long Island, New York, Proposed Clubhouse Addition and Maintenance Building," labeled "SK-1" through "SK-5."
[Added 4-15-1985 by L.L. No. 1-1985]
E.
The approved uses to which the premises may be put, as hereinafter limited and restricted, shall be the following:
(1)
Private tennis club having not more than 144 members.
[Amended 12-15-1980 by L.L. No. 30-1980]
(2)
Twelve outdoor tennis courts.
(3)
A clubhouse containing locker facilities, snack bar, kitchen, pro shop, office, caretaker's living quarters, bath and a maintenance building, all as shown on Drawing No. 2 of the site plan and as amended by Drawings SK-1 through SK-4 of the plans dated November 14, 1984.
[Amended 4-15-1985 by L.L. No. 1-1985]
(4)
Parking facilities.
(5)
Such additional accessory structures and accessory uses incidental to the operation of a private outdoor tennis club as may be approved from time to time by the Board of Trustees after recommendation therefor by the Planning Board.
F.
The application of Boxwood Farms Company and Old Tennis Club, Inc., for exceptions and amendments to the regulations and restrictions applicable to a tennis club used as provided in Article VII of this chapter, is hereby granted to the following extent:
(1)
Notwithstanding the provisions of §§ 216-50B and 216-51B(2) and pursuant to § 216-59E, the minimum plot area for the subject parcel shall be 10 acres.
(2)
Notwithstanding the provisions of § 216-51B(9), the parking area shall be improved initially so as to provide parking spaces for 60 automobiles; provided, however, that within two months after notice to Old Tennis Club, Inc., that the Board of Trustees has determined that the number of existing parking spaces is inadequate for the use of the premises, the size of the improved portion of the parking area shall be enlarged up to the number of spaces designated by the Board of Trustees, but not to exceed 86 spaces.
(3)
Notwithstanding the provisions of § 216-51B(11), living quarters for one caretaker, living alone, may be maintained in the clubhouse building in the area designated for that purpose on drawing No. 2 of the site plan.
(4)
Pursuant to Section § 216-51C(1), the parking area may be located 50 feet from the northerly and easterly boundaries of the subject premises as indicated on drawing No. 1 of the site plan.
(5)
The number of members referred to in § 216-51B(6) shall not be deemed to include a membership in the club of a member's wife and unmarried children under 19 years of age, who are living in the home of the member.
(6)
Pursuant to § 216-51C(4), the maintenance building may be located 50 feet from the north property line as shown on Drawing SK-1 of the plans dated November 14, 1984.
[Added 4-15-1985 by L.L. No. 1-1985]
(7)
Notwithstanding the provisions of § 216-51B(1)(b), the maintenance building may be 14 feet in height as shown on Drawing SK-5.
[Added 4-15-1985 by L.L. No. 1-1985]
G.
The following restrictions and regulations shall be applicable to the premises described in Subsection C above, which restrictions and regulations shall be in addition to the regulations set forth in Article VII of this chapter, as hereinabove amended:
(1)
The use of the tennis courts shall be limited to daylight hours.
(2)
The only access to the subject property shall be the main entrance road shown on the site plan, unless otherwise approved or required by the Planning Board after a public hearing.
(3)
One identifying sign at the intersection of the access road with Whitney Lane may be installed but not until the design, size and specific location thereof shall be approved by resolution of the Planning Board.
H.
The granting of the application of Old Tennis Club, Inc., and Boxwood Farms Company, as provided in Subsection B of this section, is subject to the conditions hereinafter set forth:
(1)
That the areas and dimensions, as shown on the approved site plan, are represented by the applicants to be correct.
(2)
That the entire area described in Subsection C of this section shall be used solely for private tennis club purposes, as described in Article VII as herein amended, and for no other use.
(3)
That prior to construction thereof, Old Tennis Club, Inc., shall prepare and submit to the Village for approval detail plans for all structures, drainage, roadways, parking areas, screening, landscaping, grading, fencing and all other work to be done on the premises, such plans to be approved by the Board of Trustees upon recommendation of the Planning Board.
(4)
That drainage facilities shall be designed, approved and installed which shall assure that at all times drainage for the parking areas, roadways, driveways, buildings and tennis courts as shall prevent any stormwater running from the subject premises onto any adjoining property, public or private.
(5)
That Old Tennis Club, Inc., may temporarily obtain its water supply from a nearby main of the Jericho Water District situated immediately east of the subject premises; however, within 60 days after notification by the Village Water Department that an appropriate supply main has been established and is operating and available to the subject property within 500 feet of the intersection of the main entrance road with Whitney Lane, applicants shall cause the water system on the subject premises to be connected to the Old Westbury water system and shall thereupon cease and discontinue use of the temporary connection with the Jericho Water District.
(6)
That within 60 days of the effective date of this section applicants shall deliver to the Village an irrevocable offer of dedication of the main entrance road shown on drawing No. 1 of the site plan, joined in by all persons having an interest in the affected property, said offer to be approved by the Village Attorney as to form and execution.
(7)
That applicant's right to use the subject property for the purposes authorized by this amendment and the continuance of any certificate of occupancy for such use shall be conditioned upon applicant's continued conformity with and compliance with the provisions of this chapter, as modified by this amendment and with the provisions of all other regulations of the governmental authorities having jurisdiction.