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A zoning issue which could significantly impact Levittown is coming before the Town of Hempstead Board of Zoning Appeals on Wednesday, Oct. 11. The issue has to do with upholding Levittown's unique zoning ordinance, the Levittown Planned Residence District (LPRD).

The same developer who in 1984 tried to develop two strips of Motor Parkway in Levittown is once again, under a new name, trying to build houses on substandard lots on a substandard road.

In 1975, over 1000 Levittown residents signed petitions requesting that the Town of Hempstead create a special zoning ordinance for Levittown, which became known as the LPRD. Now, under the LPRD, Levittown is the only unincorporated area of the town that is not controlled by the Town Building Zone Ordinance. Under Levittown's own ordinance, the L.P.R.D., it is impossible for developers to build oversize houses on undersize lots (a practice known as "jamming"), or to open new streets with substandard dimensions.

In 1984, the developer Terra bought, in Levittown, two tracts of the so-called Old Vanderbilt Motor Parkway, and proposed to build two new streets, Marigold and Topaz. Since the parkway was not wide enough to accommodate 60x100 house lots required by the LPRD along a standard street, Terra proposed to build houses on substandard lots along substandard streets. The Motor Parkway is 135' wide and for an LPRD mandated lot 100' deep and a state mandated street 50' wide, the developer would need 150' so Terra was 15' short.

The Terra plans for Marigold and Topaz were rejected by the County Planning Commission, by the Board of Zoning Appeals, by the Appellate Division 2nd Department of the Supreme Court of New York State, and by the Court of Appeals in Albany, the highest court in New York state. They all upheld the LPRD zoning ordinance.

The Levittown Property Owners' Association (LPOA) fights for the preservation and integrity of the LPRD. Its representatives testify at hearings of the Nassau County Planning Commission, the Hempstead Town Board of Zoning Appeals, and join the town attorneys in court actions when zoning matters, such as the Terra Homes development, are being adjudicated.

Since the ruling against them, Terra has changed its name to Josato, Inc. and has submitted applications which have the same flaws as the plans of 1984. They now propose to build 16 residences on substandard 95' lots along two substandard streets 40' wide.

The streets proposed by Josato would run behind the backyards of the Orchid Road residences, thus changing these residences into double frontage houses.

The most serious threat of the Josato proposal is that granting Josato permission to build on substandard lots would undermine the LPRD and in the future Levittown would not enjoy the protection against piecemeal development on scattered parcels which would change the well-ordered character that is Levittown's trademark.

The Board of Zoning interprets the law and listens to the opinions and interests of the involved parties. To help preserve the Old Motor Parkway from jamming, and Levittown from gradual erosion and destruction of the LPRD ordinances, the LPOA is asking residents to either attend the hearing of the Board of Zoning Appeals on Oct. 11 or write to the board expressing your disapproval of the Josato plans.

If you plan to write a letter, address it to the Board of Zoning Appeals of the Town of Hempstead, 1 Washington Street, Hempstead, NY 11550. Refer to case numbers 739-754. The LPOA asks that you say that you oppose the Josato Inc. plans for the development of the Old Motor Parkway because 1.) the granting of variances would destroy the effectiveness of Article XV of the Town Building Zone Ordinance (the LPRD) and would 2.) seriously jeopardize the health, safety, and welfare of the community (section 267 of the New York State Town Law). Be as brief as possible; the board tries to read all communications, but the longer the letter, the less attention it can be given.

If you can attend the hearing on Oct. 11, it will take place in the Town Meeting Pavilion (behind Town Hall on Washington and Front Streets in Hempstead). Metered parking is available across from the Old Town Hall. The morning session will deal with the Marigold tract (between Crocus Lane and the re-charge basin) and will begin at 9:30 a.m. The afternoon session will deal with the Topaz tract (between Skimmer and Heron Lanes) and will begin at 2 p.m. The LPOA asks that you attend either session regardless of where you live.


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