Once more the Josato, Inc. company (formerly Terra Homes, Inc.) is petitioning the Town of Hempstead Board of Zoning Appeals for variances necessary to build homes in two sections of the Vanderbilt Motor Parkway in Levittown. Once more, since 1984, the Levittown Property Owners Association (LPOA) is again defending the integrity of Levittown's unique zoning ordinance, Article XV, the Levittown Planned Residence District (LPRD) which is part of the Building Zone Ordinance of the Town of Hempstead.

Levittown is the only unincorporated village in the Town of Hempstead with its own zoning. It was created at the request of over 1,000 Levittown petitioners to replace the expired 25-year covenants of William Levitt in December 1975. Its purpose was to protect this historic planned community from indiscriminate over-development and assure its amenities.

Terra Homes, Inc./Josato, Inc., have applied for variances for substandard lots (as specified in the LPRD) using substandard roads repeatedly. They have been repeatedly denied variances by the Nassau County Planning Commission, the Town of Hempstead Board of Zoning Appeals and the state's highest courts.

The width of the two parcels is 135 feet; the required lot depth for Levittown homes is 100 feet, the state mandated road width is 50 feet. The developer lacks 15 feet.

The latest application is to create lots of 85 feet with a road width of 50 feet. In the past, variances were denied for 95 feet lots served by a 40 feet road.

The LPOA position maintains that major granting of variances weakens the integrity of the LPRD and diminishes the health, safety and welfare of this community. The only changes made in the 29-year ordinance were requested by the LPOA to serve the needs of residents: these were to increase the permitted size of accessory buildings (sheds) from 70 square feet to 144 square feet and to permit fences.

The LPOA will be representing the homeowners affected by this latest proposal at 9 a.m. on Jan. 14 at the Town Hall Board of Zoning Appeals hearing.

The Levittown Planned Residence District (LPRD) Ordinance, Article XV, Sections 171, 172 and 193-c have been the LPOA's Magna Carta:

Article XV, LPRD, Section 171 - Legislative Purpose

A. In order to preserve the integrity of the plan of the original Levittown, the Town Board of the Town of Hempstead herein enacts this Article of the Town of Hempstead Building Zone Ordinance, to be known as "Levittown Planned Residence District (LPRD)." This Town Board finds that due to the expiration of the original restrictive covenants governing lots in the planned community of Levittown, numerous properties that would otherwise be protected may become subject to further subdivision under existing town zoning provisions.

B. Due to the fact that originally Levittown was planned and developed as a whole community, piecemeal intrusion on scattered parcels by development will change the physical character of the residential areas and reduce open space. This new Article is designed to prevent any future deterioration to this stable community. This new Article applies to the various areas in Levittown appearing on the original Levitt & Sons, Inc., maps, more particularly described hereinafter.

C. This new Article, in combination with Town Law § 262 of the State of New York, is intended to provide a framework to carry out the intention of Levitt & Sons, Inc., as an owner who developed certain land in the Town of Hempstead as a planned suburban community of one-family dwellings, as evidenced by various declarations of restrictions which were filed in the office of the County Clerk of Nassau County.

D. This Town Board intends to accomplish these purposes, thereby protecting, preserving and promoting the public health, safety, general welfare and amenity of the Town of Hempstead.

Section 193 - Lot area; density

A. The legislative intent of this section is to permit the Town Board to enact higher standards for structures within the Levittown Planned Residence District (LPRD) than those prescribed by the provisions of this ordinance.

C. No dwelling or other building shall be erected on any lot having a depth of less than 100 feet.