There are many land subdivision maps located in the Town of Southampton, south of the Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west, filed in the office of the County Clerk prior to May 13, 1931, which were not approved by either the Planning Board or the Town Board. These land subdivision maps, known as "old filed maps" herein, contain designated lots (lots designated by number) as small as 20 feet by 100 feet.

Such old filed maps are generally partially developed (improved with one-family dwellings) and partially undeveloped. In most instances, designated lots of 20 feet by 100 feet have been combined with adjoining designated lots of 20 feet by 100 feet to result in single and separate ownership parcels larger than 20 feet by 100 feet. In some instances, such single and separate ownership parcels contain a lot area of 10,000 square feet or more, e.g., five twenty-foot-by-one-hundred-foot designated lots combined into a one-hundred-foot by one-hundred-foot parcel. However, in many instances, such single and separate ownership parcels contain a lot area of less than 10,000 square feet, e.g., 4,000 square feet, 6,000 square feet, 8,000 square feet; 10,000 square feet is the minimum lot area requirement in the least restrictive residential zoning district.

In recommending and establishing the total makeup and distribution of the residential zoning districts, the Town of Southampton Master Plan, adopted in 1970, and the resulting Zoning Law, adopted in 1972, took into account the community's available water supply and the problems of sanitary waste disposal, as well as the interrelationship between these factors in attempting to accomplish a community-wide maximum population density goal, based upon anticipated per capita water consumption. In this connection, for obvious reasons, the Master Plan and Zoning Law recommended and established the higher density districts (R-20, R-15 and R-10 Residence Districts) in those areas of the community where the highest gross density was already located and the lower density districts in other areas of the community. As a result, most of the land in the Town situate in the higher density districts is located south of Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west.

For a variety of reasons, including the then need for first establishing community-wide goals as well as practical limitations and restraints, the Master Plan and resulting Zoning Law did not fully consider the impact of future development of substandard parcels on groundwater pollution, saltwater intrusion and excessive demand within defined and limited areas. However, the Master Plan emphasized that water shortages, groundwater pollution and saltwater intrusion within defined and limited areas were matters of concern which should be fully considered in the future, especially in those areas of the community where the highest gross density would be located, and the Master Plan recommended that programs and policies designed to protect the groundwater reservoir from pollution, saltwater intrusion and excessive demand be established, especially in those areas of the community where the highest gross density would be located. In this connection, the Master Plan pointed out that the Suffolk County Health Department regulation relating to new land subdivisions would have no effect on the many areas of the community where the highest gross density was already located.

The Town Board finds that overdevelopment of substandard parcels having a lot area of less than 10,000 square feet on old filed maps south of Montauk Highway between the Shinnecock Canal on the east and the Brookhaven Town line on the west is likely to adversely affect the public health or safety by causing pollution of the groundwater reservoir, saltwater intrusion into the groundwater and/or excessive demand on the groundwater reservoir. The Town Board further finds that such adverse impacts cannot be successfully controlled by application of customary regulations and provisions. Therefore, the Town Board finds that special regulations and provisions must be enacted in order to promote the public health and safety and in order to provide appropriate relief procedures from the necessarily severe constraints on private property without negating the very purposes and intent of this chapter.

Under the provisions of §§ 330-115D and 330-167C of this chapter, a one-family detached dwelling may be erected on a nonconforming lot having less than the minimum required lot area set forth in § 330-11 for the residence district in which the lot is situated. If this right to construct a one-family detached dwelling shall be deemed a full residential development right, such lot prior to the enactment of this article had a full residential development right under the existing provisions of this chapter. Notwithstanding such existing provisions, it is intended that the prohibition set forth hereunder shall be applicable.

With the enactment of this article, it is intended to eliminate the full residential development right with respect to such nonconforming lots in the Special Old Filed Map Overlay District having a lot area of less than 10,000 square feet. Thus it is intended to prohibit erection of a one-family dwelling on such lot. However, a special permit procedure is provided for herein in order to give an applicant with a lot area greater than or equal to 8,000 square feet but less than 10,000 square feet an opportunity to establish that erection of such dwelling will not adversely affect the public health or safety and therefore, with the transfer of development rights or certification that the established dwelling will comply with Chapter 216, Housing for Income Eligible Households, permit the erection of a one-family dwelling on such lot.

With the enactment of this article, it is intended to substitute a partial residential development right for and in place of the eliminated full residential development right. Such partial residential development right would be of a denomination determined by the ratio between the lot area of such lot and 10,000 square feet. As one principal form of relief for the above-noted constraint, partial development rights may be accumulated and transferred to other lots within the Special Old Filed Map Overlay District as herein provided. As a supplemental form of relief under some circumstances, it is the intention of the Town to make its Old Filed Map Land Bank Program, established by Local Law No. 2-1978,[1] available for the purchase of lots or partial development rights where necessary, by appropriate amendment to the local law establishing such program.

The Town Board is well aware of the fact that a one-family dwelling cannot be erected on an existing, unimproved lot without obtaining approval of the Suffolk County Health Department with respect to the provisions for water supply and sewage disposal. However, on an application for such approval with respect to an existing lot (a lot in single and separate ownership), an applicant is not ordinarily required to establish the impact of future development of all unimproved lots in the vicinity on groundwater pollution, saltwater intrusion and available water supply, and consideration of such application does not necessarily take such impact into account. Indeed, the Town Board is aware of the fact that variances of the Suffolk County Health Department regulations and standards applicable to existing lots are sometimes granted incident to such approval, probably due at least in part to legal considerations (concern that disapproval of such an application would be considered unconstitutional because the lot lawfully exists in single and separate ownership).With the enactment of this article, the special permit procedure for lots greater than or equal to 8,000 square feet but less than 10,000 square feet will require that such impact be established by an applicant before the Board of Appeals and be taken into account by the Board of Appeals in considering the special permit application. Furthermore, with the enactment of this article, relief is provided for in the form of transferable partial development rights, so that public health and safety considerations should carry more weight than legal considerations.

Therefore, as a result of the above findings and stated purposes, the Town Board of the Town of Southampton hereby establishes this Special Old Filed Map Overlay District in addition to its existing standard district zoning. This overlay district shall consist of the area encompassed in all old filed maps as provided in this article. This article sets forth the regulations that shall apply in the Special Old Filed Map Overlay District in addition to those applicable in the standard district in which a given site is found on the Zoning Map as set forth in Article II.

The Special Old Filed Map Overlay District shall consist of all land subdivisions situated within any residence district filed in the office of the County Clerk prior to May 13, 1931, and located within the Town of Southampton south of the Montauk Highway (County Road No. 80) between the Shinnecock Canal on the east and the Brookhaven Town line on the west.

Notwithstanding any provision to the contrary in this chapter, no building permit shall be issued for the erection of a one-family dwelling on a lot having an area of less than 10,000 square feet in the Special Old Filed Map Overlay District unless such building permit has been authorized by special permit pursuant to § 330-61.

Each and every lot in the Special Old Filed Map Overlay District having a lot area of less than 10,000 square feet, lawfully existing in a single and separate ownership and having no dwelling erected thereon, is hereby granted a fractional residential development right. The numerator of such fraction shall be the lot area of such lot, and the denominator shall be 10,000 square feet. Such partial residential development rights may be transferred in accordance with the provisions of § 330-59.

In the event that Subsection B is adjudged unconstitutional as applied to a particular lot or in the event that a special permit application pursuant to § 330-61 is denied and thereafter it is adjudged that such special permit application must be granted, no building permit shall be issued for the erection of a one-family dwelling on such lot unless and until the owner of such lot makes application to the Town Board for a determination as to whether the Town elects to permit such construction or to acquire such lot and until the happening of any of the following:

Partial residential development rights granted by § 330-58C may only be transferred to lots that meet the criteria set forth in this section. Partial residential development rights may be transferred to lots greater than or equal to 8,000 square feet but less than 10,000 square feet to meet the requirements of § 330-57G and § 330-57I.

Upon accumulating sufficient partial residential development rights as to amount to one or more full residential development rights, such partial rights may be transferred to any lot in the Special Old Filed Map Overlay District having a lot area of not less than 20,000 square feet. The lot to which such partial rights are transferred may then be divided into building lots, and one one-family dwelling may be erected on each such building lot, subject to the following conditions:

Partial residential development rights granted by § 330-58C shall not be transferred out of the school district in which they are located.

Partial residential development rights transferred to lots in the R-40 or R-60 Residence District shall originate from other lots in the R-40 or R-60 Residence District.

Partial residential development rights originating in the R-20, R-40 or R-60 Residence District shall not be transferred out of the old filed map in which they are located unless authorized by special permit of the Board of Appeals. The Board of Appeals may, by special permit, authorize transfer out of such old filed map if such Board determines that there is no other available lot on such old filed map to which such partial rights may reasonably be transferred.

In the event that two or more adjoining lots in single and separate ownership are granted partial residential development rights by § 330-58C and in the event that such adjoining lots taken together have a combined lot area of at least 10,000 square feet, such partial rights shall not be transferred unless authorized by special permit of the Board of Appeals. The Board of Appeals may, by special permit, authorize transfer of such partial rights if such Board determines that such adjoining lots may not reasonably be combined or merged into a building lot having a lot area of at least 10,000 square feet for erection of a one-family dwelling thereon.

An applicant for a building permit involving the transfer of residential development rights in the Special Old Filed Map Overlay District shall provide the following documentation:

Notwithstanding any other provisions to the contrary, the minimum required yard dimensions applicable to a one-family dwelling to be erected on a building lot resulting from the transfer of accumulated partial rights in the Special Old Filed Map Overlay District pursuant to § 330-59B shall be as follows:

Provisions are made for proper sanitary waste disposal facilities and water supply in conformance with the requirements of the Suffolk County Health Department, the requirements of any other municipal department or agency having jurisdiction over sewage disposal and/or water supply and any requirements the Town of Southampton.

Such provisions are designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.

The particular lot involved lawfully exists in single and separate ownership. Proof of such single and separate ownership in the form and manner provided in § 330-115D shall be submitted.

The number of unimproved lots on the same old filed map (the old filed map on which the particular lot involved is located) is established.

The number of unimproved lots having a lot area of less than 10,000 square feet on the same old filed map and lawfully existing in single and separate ownership is established.

After taking into account the potential future development of the lots on the same old filed map, it is established that erection of one-family dwellings on all the unimproved lots having a lot area of less than 10,000 square feet but greater than or equal to 8,000 square feet on the same old filed map and lawfully existing in single and separate ownership will not adversely affect the public health or safety, in that provisions can be made for proper sanitary waste disposal facilities and water supply on all such unimproved lots without causing pollution of the groundwater reservoir, saltwater intrusion into the groundwater reservoir or excesive demand on the groundwater reservoir.

Sufficient partial residential development rights are transferred in to create a full residential development right or that the housing to be built on the lot complies with Chapter 216, Housing for Income Eligible Households.

Prior to taking action on any special permit under this article, the Board of Appeals shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals under § 330-164.

All matters which under applicable law are the subject of a mandatory referral or notice to other agencies shall be transmitted to the appropriate agencies.

The fee for special permit applications to the Board of Appeals shall be consistent with the fees associated with a Zoning Board of Appeals application as set forth and amended from time to time by Town Board resolution.

The burden of proof shall be on the applicant to establish compliance with the applicable special permit standards.

Prior to taking action on any special permit under § 330-61, the additional procedures set forth hereunder shall be followed: