Almost 20 years after their first attempt, representatives for Josato Inc. once again appeared before the Town of Hempstead Board of Zoning Appeals last week to ask the board for variances in relation to the property on what was known as the Vanderbilt Motor Parkway in Levittown. Josato hopes to use this property to build 20 new homes and two new streets in the community. However, in order to proceed with their plans, they need a variance in regard to the depth of the houses, as they would not be in accordance with the Levittown Planned Residence District (LPRD). Currently, as the property stands today, there is room for a standard 50-foot road, including a sidewalk, and, according to Josato, 20 homes. However, in order to be in compliance with the LPRD, they would need a depth of 100 feet to construct homes. With a 50-foot road, there would only be enough room for a depth of 85-feet, thus the need for a variance.

Back in 1984, Josato, then known as Terra Homes, purchased two tracts of the Vanderbilt Motor Parkway, once used as a race track and now open land, and proposed to build two new roads, Marigold and Topaz Courts. Since the parkway was not wide enough to accommodate the 60 x100 lots required by the LPRD along a standard street, Terra proposed to build houses on substandard lots along substandard streets. Their plans were rejected by the County Planning Commission, the Board of Zoning Appeals, 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. In 2000, the same company, under its new name of Josato, made almost the same proposal, and requested a variance regarding the depth of the property. Under their plans then, they were only five feet short in regard to depth, because they wanted to build substandard streets. The board found that the case then, along with issues presented, were essentially the same as those determined in 1985 and again denied the variance. This year, Josato again appeared before the board, but this time needed a variance to be short 15-feet, as their plans include a standard 50-foot road.

William S. Cohn, representing Josato, noted that laws have changed since the developer's first attempt at requesting a variance. In the past, the board, when deciding whether or not to grant a variance, would have had to look at the detriment to the applicant, weighing that against the benefit to the public. Now, the benefit of the applicant is looked at against the detriment of the community. Therefore, residents who attended the hearing were asked by Board Chairman Gerald Wright to provide reasons why they felt the construction of the 20 new homes would be detrimental to the Levittown area. Likewise, Cohn was asked to explain how the construction would be beneficial, or profitable, to the developer. Cohn was joined by real estate expert Barry Nelson, who also spoke on the benefits.

Cohn explained that all of the homes built would be on one side of the road, 11 on Marigold and nine on Topaz. Therefore, there would only be one sidewalk. He noted that the developer has met with members of the community, including the Levittown Property Owners Association (LPOA) and said that there doesn't appear to be any way that a compromise could be reached. Cohn further noted that he believes there are two Levittowns, the one developed by William Levitt and the other areas of the community that came after. He argued that some of the property that lies within the LPRD does not have the necessary depth of 100-feet and said that the property they plan to construct would therefore be in conformity with the community.

"We checked all the blocks within the LPRD sections and found 1,541 separate lots less than 100 feet in depth," he said, adding that there are a total of some 17,448 houses in the LPRD. Out of those 1,541 lots, 1,531 have houses on them. Cohn further stated that most of those homes are not Levitt lots, but they are included in the LPRD.

Representatives of the LPOA argued that the properties Cohn referred to have special conditions, such as being corner properties or being on curved roads. They also argued that many of the homes were not even in the Levittown community, but in areas such as Bethpage, and there is no place where there are two blocks of such homes, as the developer proposes to build.

While the testimony regarding the over 1,500 homes that have less than 100-foot depth was put into evidence, the board did not accept a list of the homes into evidence for a few reasons, including the fact that the properties are nowhere near the subject parcel.

Nelson told the board that he conducted a study of home sales in the area within the past year, particularly the sales of those homes which are less than 100-feet in depth. He said that he saw no adverse effect and that those homes had comparable sales to those with larger property depths.

Residents argued his testimony, questioning how it was possible that their homes, which abut other properties in the back, could possibly sell for as much as those homes built on larger lots with nothing behind them. In addition, some residents pointed out that some of these new homes would have basements, which the majority of homes in the community do not. Residents also argued that typically, newer homes sell for more money than older homes would. One resident noted that she has been considering selling her home and, upon speaking with neighbors, heard that some potential home sellers who abut the property built on Ciper Lane have had trouble finding buyers.

In regard to the detrimental effects that these new homes would have on the community, residents brought up many concerns. In addition to the fact that they believe they would lose property value, they also said that they would lose privacy. Some noted that the reason they bought their homes several years ago was because of the fact that they didn't have any neighbors behind them and that they felt their children were safe in their yards. They argued that if there were roads in front and behind their property, the area would not be safe. Some also argued that if fences were suddenly erected around their homes, they may be going against the LPRD depending on where and how high the fences needed to be. In addition, those with swimming pools or other additions to their homes may suddenly not have the space required to be in compliance with local codes.

One resident argued that Josato is not looking to make a profit, but rather a very large multi-million dollar profit.

"If they are granted this, it will make the LPRD worthless," she said. "It will just set a precedent for further cases if you grant this."

In addition to safety concerns, residents noted that traffic in the area is already quite congested and that the new properties would only make that worse. Some also mentioned that parking in the area is currently difficult and that 20 new homes would make the area very overpopulated. Also, residents noted that new homeowners in the area are not typically single people, rather families who are starting out. They said that if 20 new families moved into the community, soon thereafter the schools would experience greater crowding. One resident also pointed out that when construction began on the Ciper Lane properties, the area was quickly infested with rats that were hiding underground.

LPOA President Jim Morrow read a statement on behalf of the Levittown Property Owners Association, ultimately summing up how the organization feels about Josato's proposal. The following are excerpts from the statement:

"Levittown is a living symbol of the American dream, as well as its fulfillment. At the time of its birth, such prominent sociologists and urban planners as Lewis Mumford predicted that within the foreseeable future, the community would turn into a slum. Thanks to the hard work and to the pride of place of its residents, these prophecies were given the lie, and Levittown has grown into a mature, well-kept community whose story and reputation has circled the globe ... Such a success would have been impossible without the protection of certain standards incorporated at first in 25-year covenants between William Levitt and the buyers of his homes.

Since December 1975, these standards have been invested with the weight and dignity of local law, the Levittown Planned Residence District. The residents of Levittown demanded this protective shield and the legislators of the Town of Hempstead responded. In Section 171 of the Zoning Ordinances of the Town of Hempstead they wrote: 'Piecemeal intrusion on scattered parcels (would) change the physical character of the residential areas' ... This new article is designed to prevent any future deterioration to this stable community.

Perhaps the most important of the covenants turned into law are those which safeguard the minimal lot area. Section 193 states in part in Subsection B: 'No dwelling ... shall be erected on any lot unless it ... has a minimum width of 60 feet on the street line to the front setback line.' And further in Subsection C: 'No dwelling shall be erected on any lot having a depth of less than 100 feet.' Subsection A spells out the rationale: 'The legislative intent of this section is to permit the Town of Hempstead to enact higher standards for structures within the Levittown Planned Residence District (LPRD) than those prescribed by the provisions of this ordinance.'

These are the pillars on which Levittown stands."

Morrow continued, stating that over the years, the LPOA has "defended the integrity of the LPRD as a safeguard of the welfare of our community. We are now facing an attempt to fatally re-interpret the LPRD law against the vital interests not only of the adjacent neighbors but of all of Levittown."

He added that an undesirable change will be produced in the character of the neighborhood if the variances were granted and further noted that the variance would have an adverse effect on the physical or environmental conditions in the neighborhood/district.

To sum up, Morrow said that in order to protect the integrity of the Levittown community, a true historic place, the LPRD must be preserved. He said that Levittown is a very historic place, the first successfully developed community on Long Island, and said that "the most important consideration is the long range effect not just on the adjacent neighbors but on the whole community. Its protection is the raison d'etre of the LPRD. In the interest of the community, the ordinance must be preserved in its integrity."

Following the testimonies, the board put the case on its decision calendar. All present or interested parties will be notified of the board's decision by mail.