§ 811 — Special provisions relating to agency project review jurisdiction and the shoreline restrictions

§ 811. Special provisions relating to agency project review\njurisdiction and the shoreline restrictions. 1. Notwithstanding any\nother provision of this article, including the provisions of the land\nuse and development plan and the shoreline restrictions, the following\nprovisions shall apply in connection with the project review\njurisdiction of the agency under section eight hundred nine and\napplication of the shoreline restrictions either by the agency in the\nreview of a project or by operation of section eight hundred six.\n a. Single family dwelling on existing vacant lot. One single family\ndwelling or mobile home shall be allowed to be built on any vacant lot\nwhich was on record on the date that this act shall become a law\nregardless of the overall intensity guidelines, or the minimum lot width\nprovisions of the shoreline restrictions. For the purposes of this\nexemption, such a lot must not adjoin other lots in the same ownership,\nprovided however, that all such lots in the same ownership may be\ntreated together as one lot. In addition to the foregoing exemption,\nwhere the agency has jurisdiction, for a reason other than its location\nin a critical environmental area, of a single family dwelling or mobile\nhome on a lot described in this paragraph which is owned by an\nindividual who has continually owned such lot since May twenty-second,\nnineteen hundred seventy-three, it may not disapprove the project on any\nof the grounds specified in paragraph e of subdivision ten of section\neight hundred nine, but may impose such reasonable conditions on the\ntype and manner of placement of any individual on-site sewage disposal\nfacilities as are in furtherance of the purposes of this article and in\ncompliance with applicable standards of the department of health.\n b. Conversions of certain existing uses. Those structures in existence\non the date that this act shall become a law that are associated with\nresort hotels, rental cottages and group camps shall be allowed to be\nconverted from their previous use to individual single family residence\nuse, notwithstanding the fact that such structures, as converted, do not\nconform to the overall intensity guidelines or the shoreline\nrestrictions.\n c. Gifts, devises and inheritances. The mere division of land\nresulting from bona fide gift, devise or inheritance by and from natural\npersons shall not be subject to review by the agency. New land use or\ndevelopment on lots, parcels or sites conveyed by individuals, who on\nthe date that this act shall become law own such land, to members of\ntheir immediate families by bona fide gift, devise or inheritance, shall\nbe exempt from the overall intensity guidelines and the minimum lot size\ncriteria specified in the class B regional project lists for the purpose\nof constructing one single family dwelling or mobile home on any such\nlot, parcel or site.\n 2. Any pre-existing land use and development shall not be subject to\nreview by the agency.\n 3. Any (a) pre-existing subdivision of land, (b) any subdivision or\nportion of a subdivision that involves seventy-five or fewer lots,\nparcels or sites for the completion of which any or all permits and\nother approvals required by or pursuant to law were obtained after July\nfirst, nineteen hundred seventy-one and for which all such required\npermits were in full force and effect on July thirty-first, nineteen\nhundred seventy-three, or (c) individual single family dwelling or\nmobile home, erected or placed on any lot, parcel or site in any\nsubdivision referred to in clauses (a) and (b) hereof which has been\napproved by the state department of health, shall not be subject to\nreview by the agency, provided, however, that a subdivision or portion\nof a subdivision described in clause (b) hereof shall become subject to\nreview by the agency on August first, nineteen hundred seventy-four if\nsuch subdivision or portion is not in existence on said date. Any\nindividual single family dwelling or mobile home referred to in clause\n(c) of this subdivision hereof shall not be subject to the minimum lot\nwidth provisions of the shoreline restrictions.\n 4. With respect to any land use or development or subdivision of land\nor portion thereof approved by the agency under its interim project\nreview authority, in section eight hundred fifteen, such land use or\ndevelopment or subdivision or portion thereof may proceed in accordance\nwith the terms of the approval and shall not be subject to further\nreview by the agency so long as such land use or development or\nsubdivision or portion thereof is substantially commenced and/or\nmaterial expenditures and financial obligations have been incurred with\nregard to such land use or development or subdivision or portion thereof\nwithin two years of such approval.\n 5. Any existing land use or development, including any structure being\nrestored or rebuilt in whole or in part, being increased or expanded,\nwhether in successive stages or at one time, to a total of less than\ntwenty-five percent of its size or square footage at the date of\nenactment or when originally built or undertaken, whichever is later,\nshall not be subject to review by the agency. Any material increase or\nexpansion thereafter shall constitute a reviewable land use or\ndevelopment if otherwise within the agency's review jurisdiction. In no\ncase shall any increase or expansion violate, or increase non-compliance\nwith, the minimum setback requirements of the shoreline restrictions.\nNotwithstanding the foregoing, a single family dwelling or mobile home\nmay always be enlarged or rebuilt to any extent provided that it\ncontinues to be used as such, provided, however, that no such increase\nor expansion shall violate, or increase any non-compliance with, the\nminimum setback requirements of the shoreline restrictions.\n