§ 85-83. Amendment of restrictive covenants.

A. 

The Town Board may, on its own motion or on application, amend, supplement, change, modify or repeal any covenant imposed on property by the Town Board.

B. 

An application requesting an amendment of restrictive covenant shall be addressed to the Town Board, in accordance with the requirements set forth in this chapter, in addition to the following:

(1) 

A copy of the original recorded declaration of covenants.

(2) 

A copy of the transcript from the public hearing when the restrictive covenant was applied.

C. 

The Town Board may amend a restrictive covenant without holding a public hearing only in those cases where the restrictive covenant has not been recorded in the Office of the Suffolk County Clerk and where the amendment is solely to correct a typographical or scrivener's error. Proof of said error must be supported by substantial evidence contained in the Town Board's minutes. It shall be the applicant's burden to submit such proof to the Town Board.

D. 

No application shall be accepted or filed with respect to any property which has been the subject of a public hearing during the period 12 months immediately following such public hearing, unless such application sought to be filed shall have endorsed thereon the consent to the filing thereof of at least five members of the Town Board.